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Engelsksproget skabelon

By Margaret Scott,2014-06-27 10:11
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Engelsksproget skabelon ...

    AGREEMENT

    BETWEEN

    THE GOVERNMENT OF THE KINGDOM OF DENMARK

    AND

    THE GOVERNMENT OF …………………….

    ON

    DEVELOPMENT COOPERATION

    Preamble

The Government of the Kingdom of Denmark, (hereinafter referred to as Denmark), and the

    Government of ……………., (hereinafter referred to as .........), desirous of strengthening the legal and institutional framework of their technical as well as Development Cooperation have agreed as follows:

    Article I

    Obligations of the Parties

1. Denmark will make available to ......... financial assistance, material resources, technical

    assistance, and training opportunities. ......... will ensure the effective utilization of the said

    assistance and training opportunities.

2. The specific terms and procedures, including the financial and other obligations of the two

    Parties in regard to specific projects, programmes, and other joint activities under this

    Agreement (hereinafter referred to as Programmes) will in each case be determined by the

    Parties in specific agreements, including administrative arrangements entered into by exchange

    of letters (hereinafter referred to as Specific Agreements), with explicit reference to this

    Agreement.

3. Should there be any discrepancy between this Agreement and the Specific Agreement the

    latter prevails.

     1

    4. In the implementation of this Agreement the Ministry of Foreign Affairs shall be competent

    to represent Denmark, and the Ministry of …….. be competent to represent ......... (hereinafter

    referred to as the Competent Authorities).

    Article II

    Executing Agencies

    1. For the purposes of this Agreement the term "Executing Agencies" means any expatriate

    public authority and expatriate public or private corporation as well as any organization

    whether public or private, accepted by the two Governments and contracted by Denmark to

    implement the Specific Agreements referred to in Article I, paragraph 2 above.

    2. Denmark will, unless otherwise agreed in the Specific Agreements, pay the fees and costs of

    the Executing Agencies in accordance with the rules and regulations of the Danish Ministry of

    Foreign Affairs excluding the costs to be covered by ......... as stipulated in paragraph 3 below.

    3. The following facilities shall be accorded by ......... to the expatriate Executing Agencies:

    a) grant them free of charge and without undue delay all necessary permits and

    authorizations;

    b) exempt them from income tax or any other direct tax or charge in respect of any

    emoluments paid to them from funds or resources outside ......... for their services

    within ......... under this Agreement;

    c) exempt them from duty to submit to the ......... authorities any tax or financial

    declarations required from private persons or corporations in respect of the income

    earned under this Agreement;

    d) impose no currency or foreign exchange restrictions on funds remitted to ......... by the

    expatriate Executing Agencies for the implementation of the activities under this

    Agreement, and facilitate the exchange and the exportation of such funds as well as the

    opening of bank accounts; and

    e) exempt them from professional registration and license requirements.

    2 Article III

    Personnel

    1. Technical assistance provided upon .........'s request under this Agreement may be in the form

    of technical assistance personnel (short term or long term assignments) employed by the

    Ministry of Foreign Affairs or by the Executing Agencies referred to in Article II, paragraph 1

    above. The provision of the services of the above-mentioned personnel (hereinafter referred

    to as the Personnel) is subject to the availability of suitable, qualified and experienced persons

    at the appropriate time.

    2. The competent ......... authority for each Programme provides in each case the Danish

    competent authority with a complete job title and description for the Personnel engaged by

    the Ministry of Foreign Affairs and in other cases, as appropriate, defining the duties of the

    position to be held and services to be rendered as well as the essential and desirable

    qualifications of the candidate. It shall be clearly stated in the job description whether the

    Personnel will undertake executive operational functions.

    3. The Danish competent authority shall provide the competent ......... authority for each

    Programme with information necessary for the appraisal of the candidates for the positions

    referred to above, such as training and previous professional experience.

    4. The competent ......... authority for each Programme and the Danish competent authority shall

    jointly decide to which extent counterparts to the Personnel made available shall be assigned

    by ........., or other measures to be devised in order to achieve the objectives.

    5. In carrying out their assignments the Personnel shall be under the direction of the authorities

    of ......... or other bodies to which they have been assigned and be subject to the laws and

    regulations of ......... unless special exceptions have been granted in the present Agreement or

    in a Specific Agreement.

    6. ......... shall ensure that the expatriate Personnel and their spouses and dependents enjoy the

    full protection of the law and further ensure that the Personnel and their spouses and

    dependents enjoy privileges no less favourable than those accorded to Personnel assigned

    to ......... by other countries or international organizations.

    7. In the event of arrest or detention for any reason of expatriate Personnel made available by

    3 Denmark, or their spouses or dependents, or of criminal proceedings being instituted against

    such persons, the Royal Danish Embassy in ……. is to be notified immediately and shall have

    the right to visit any detained or arrested person. Such persons shall have the right to be

    represented by a lawyer assigned by the Embassy or by the person himself in accordance with

    the law and regulations of ..........

    8. ......... shall be responsible for the security of the expatriate Personnel and their spouses and

    dependents. In the event of a crisis affecting the safety of foreign nationals in ........., ......... shall

    accord repatriation facilities to this Personnel and their spouses and dependents, in accordance

    with the conditions no less favourable than those accorded to Personnel assigned to ......... by

    other countries or international organization and their spouses and dependents.

    9. Should a situation or a condition referred to in paragraph 8 above occur, the two

    Governments shall consult with each other and act in close collaboration to minimize any risk

    or damage to the expatriate Personnel, their spouses and dependents or damage to the

    personal effects and the materials, equipment, and vehicles used for the implementation of the

    Programme under this Agreement.

    10. Expatriate Personnel acting in accordance with instructions issued by the Royal Danish

    Embassy in the event of a crisis or taking such precautions as are deemed to be warranted

    under the circumstances, and thus being restrained from reporting for work, shall not be

    considered to be in dereliction of duty under the relevant contract.

    11. ......... shall have the right to request the recall of any member of the Personnel whose work or

    conduct is deemed unsatisfactory. Before exercising such right ......... shall consult the Royal

    Danish Embassy in …….

    12. Denmark shall have the right to recall any member of the Personnel at any time. Before

    exercising such right Denmark shall consult with ......... for that purpose as well as on

    arrangements for securing rapid replacement of such Personnel if ......... so requests, unless

    exceptional circumstances demand that the person be recalled immediately.

    13. If agreed upon between the Competent Authorities the Personnel may be transferred from

    one post or function to another during the period of assignment.

    14. Denmark shall cover all fees, salaries, and costs of the Personnel in accordance with the

    4 Ministry of Foreign Affairs' rules and regulations, unless covered by ......... as stipulated in

    paragraph 15 below.

    15. In respect of the Personnel ......... will, unless otherwise agreed, provide office space, transport,

    secretarial services and other necessary facilities in accordance with conditions accorded to

    Personnel assigned to ......... by other countries or international organisations. ......... shall grant

    leave of absence on account of vacation, sickness, pregnancy, or childbirth in accordance with

    the respective employment contracts.

    16. ......... shall undertake that the expatriate Personnel and their spouses and dependents are:

    a) exempted from national service and any other military obligations; b) entitled to open bank accounts, exempted from any currency or foreign exchange

    restrictions imposed on external funds introduced into ........., and allowed to exchange

    and to export such funds as well as any proceeds of household goods and personal

    effects imported and/or sold in accordance with the provisions in paragraphs 17 and 18

    and

    c) exempted from professional registration and license requirements.

    17. ......... shall make provision for the exemption of the expatriate Personnel and their spouses

    and dependents from:

    a) personal income tax or any other direct tax or charge, including contributions to

    national social security schemes, in respect of any emoluments paid to them by

    Denmark for their services in ......... under this Agreement;

    b) duty to submit to ......... authorities any tax or financial declarations required from the

    citizens of ......... or aliens residing in ......... for the emoluments mentioned above and c) all customs duties, taxes, and other related charges imposed on the import and export of

    new as well as used household goods and personal effects for the normal everyday use

    of the family, including a motor vehicle for their exclusive use imported by this

    Personnel and their spouses and dependents or purchased from a bonded ware-house

    in ........., within 6 months after their arrival in ……., subject to reexport on completion

    of service or payment of duties and taxes in relation to its market price if sold locally

    unless to a person entitled to the same privileges.

    18. In the event that a motor vehicle referred to above is damaged beyond repair at reasonable

    5 costs or otherwise lost without neglect on the part of the expatriate Personnel or their spouses

    and dependents, the exemptions mentioned in that paragraph apply to the importation or

    purchase of a new motor vehicle irrespective of any time limit.

    19. In the event that an expatriate Personnel or his/her spouse and dependents due to theft or

    burglary has lost one or more personal items (i.e. TV, video, radio, CD-player, record player,

    tape recorder, computer etc.) and after providing a police report regarding the event, or due to

    an item has been damaged beyond repair, ......... shall allow importation or purchase of new

    equipment substituting the stolen or damaged equipment irrespective of any time limit.

    20. ......... shall issue without undue delay free multiple entry and exit visas for the expatriate

    Personnel, spouses and dependents as well as residence permits, work permits and other

    necessary permits and/or authorizations for the entire duration of the assignment.

    21. ......... shall render assistance in clearance through customs of effects mentioned under 17 c)

    and 18 vide of this Article V.

    22. ......... shall facilitate the issuance of national driver's licenses to the expatriate Personnel and

    their spouses and dependents who hold a valid license from Denmark or another country or

    allow the use of international driver's licenses and furthermore facilitate the registration of

    vehicles for the personal use of the Personnel and their spouses and dependents.

    Article IV

    Liability and Indemnification

    1. ......... shall indemnify Denmark and its Personnel for any loss and any liability arising from

    actions or omissions on the part of one or several of the above-mentioned persons within the

    framework of the activities, actions or operations comprised by or executed pursuant to this

    Agreement, and causing either death or injury to any third party or damage to any property of

    third party in so far as such liability for damage is not covered by an insurance in full and shall

    renounce any right of recourse or procedural steps in connection herewith except in cases of

    wilful misconduct or gross negligence on the part of one or several of the above-mentioned

    persons.

    6 2. Provided that ......... indemnifies Denmark or one or several of the above-mentioned persons

    in the case of recourse or any other procedural steps in connection with liability for tort in

conformity with paragraph 1 of this Article, ......... shall be entitled to exercise and enforce any

    right of recourse, counterclaim, insurance, indemnity, contribution, or guarantee to which

    Denmark or the Personnel may have become entitled.

    3. Upon request from ........., Denmark shall grant the relevant ......... authorities appropriate

    administrative or legal assistance in order to resolve such problems that may arise from the

    implementation of paragraphs 1 or 2 above.

    Article V

    Material Resources/Commodities

    1. For the purpose of this Agreement the term "Commodities" shall mean goods, materials,

    vehicles, machinery, equipment, spare parts and any other commodities made available by

    Denmark or Executing Agencies for Projects under this Agreement or any other commodities

    delivered to ......... under the Specific Agreements.

    2. Denmark shall, unless otherwise agreed in the Specific Agreements:

    a) cover the actual costs such as purchase, transport and, as appropriate, insurance

    connected with each consignment of the Commodities;

    b) be in charge of the procurement and delivery of the Commodities to .........; c) require that the Executing Agencies notify designated agencies in ......... of the estimated

    date of the arrival of the consignment immediately upon dispatch, and forward shipping

    documents, invoices, and other related information to them.

    3. ......... shall, unless otherwise agreed in Specific Agreements:

    a) notify Denmark if necessary of the documentation required for customs clearance

    agents to be used of the documentation required for customs clearance and inform

    Denmark of the import and customs clearance procedures applied in .........; b) promptly issue, free of charge, the necessary import licenses and other permits on

    importation of the commodities;

    c) exempt the Commodities from, or bear the costs of all customs duties, taxes and other

    7 related charges pertaining to their entry into ......... as well as exempt the Commodities

    from all prohibitions and restrictions on import or export;

    d) ensure swift and safe reception, handling, clearing, forwarding as well as storing and

    onward transportation of the imported Commodities;

    e) take all appropriate measures and institute any proceedings that may be necessary with

    regard to claims for loss or damage whether total or partial of any consignment of

    Commodities and notify Denmark promptly thereafter;

    f) facilitate the registration of motor vehicles brought into .........

4. The Commodities, including the Programme vehicles, shall become the property of ......... at

    the time to be specified in each Specific Agreement or subsequently be reexported. However,

    the Commodities shall always be at the exclusive disposal of the respective Project,

    Programme or other Joint Activity under this Agreement during their implementation.

    Article VI

    Fellowships

1. Fellowships for studies in Denmark or other countries will be available from project and

    programme funds for candidates affiliated with activities financed by Denmark and duly

    nominated by …………… subject to approval by Denmark. In addition limited funds are

    available for courses and seminars within policy and strategic matters..

2. Fellowships are granted for specialized studies only to candidates who have completed their

    basic studies. Study programmes will ordinarily be prepared in English.

3. Fellowships cover:

    a) The cost of travel from duty station to place of study and return;

    b) all living costs and tuition fees, books and other tools and personal expenses during the

    study period in accordance with current rules and rates of Denmark.

4. ......... shall pay the Fellow’s salary and other allowances as per rules and regulations.

5. ………….. shall guarantee that the Fellow can return to his/her former position in ……….

    Upon completion of the study programme..

    8

    Article VII

    Evaluation

For the follow-up and evaluation of the cooperation as well as for the planning of future cooperation

    the Competent Authorities shall be available to each other for mutual consultation and give each other

    such information as may be reasonably requested.

    Article VIII

    Settlement of Disputes

Any difference or dispute concerning the interpretation or implementation of this Agreement shall be

    settled by negotiation between the Parties.

    Article IX

    Amendment

This Agreement may be amended or supplemented by mutual consent of the contracting parties by

    exchange of letters.

    Article X

    Entry into force and termination

1. This Agreement shall enter into force on the date of its signature.

2. This Agreement shall remain valid for a period of five years. Its validity shall be automatically

    extended for successive periods of five years unless terminated by either party giving a six

    months' written notice to the other party.

3. The "Agreement on Technical Cooperation between The Government of the Kingdom of

    Denmark and the Government of the......... on Technical Cooperation" signed in … on ….. is

    hereby terminated.

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4. This Agreement shall also cover Projects already initiated at the entry into force of the

    Agreement.

    Done in …… on …….. in two originals in the English language both texts being equally authentic.

For and on behalf of the For and on behalf of the

    Government of the Kingdom Government of ………

    of Denmark

___________________________ _________________________

    Name Name

    Title Title

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