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GENERAL AGREEMENT
ON
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DEVELOPMENT COOPERATION
BETWEEN
THE GOVERNMENT OF CANADA
AND
THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA
1987
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GENERAL AGREEMENT
ON
DEVELOPMENT CO-OPERATION
BETWEEN
THE GOVERNMENT OF CANADA
AND
THE GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA
The Government of Canada and the Government of the United Republic of
Tanzania,
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Wishing to strengthen the existing cordial relations between the two
countries and their peoples, and
Desiring to foster development co-operation between the two
countries in conformity with the objectives of economic and social
development of the Government of the United Republic of Tanzania.
Have agreed as follows:
ARTICLE I
The Government of Canada and the Government of the United Republic of
Tanzania shall under this Agreement promote a programme of development
Co-operation, between their two countries, consisting of the following
Components:
(a)
the sending of appraisal and evaluation missions to Tanzania to
study and analyse development projects;
(b)
the granting of fellowships to Tanzania nationals for studies and
professional training in Canada, Tanzania or a third country;
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(c) the assignment of Canadian experts, advisers and other specialists
to Tanzania;
(d) the provision of equipment, materials, training, goods and services
required for the successful execution of development projects in
Tanzania;
(e) the development and carrying out of studies and projects designed to
contribute to the attainment of the objectives of this Agreement;
(£) the encouragement and promotion of relations between firms,
institutions and persons of the two countries; and
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(g) any other form of assistance which may be mutually agreed upon.
ARTICLE II
1.
In support of the objectives of this Agreement, the Government of
Canada and the Government of the United Republic of Tanzania shall
conclude subsidiary arrangements or loan agreements in respect of
specific projects involving one or several components of the
programme described in Article I.
2.
Unless stated otherwise, subsidiary arrangements concerning
contributions of the Government of Canada shall be considered as
administrative arrangements.
3.
Loan agreements shall be the subject of formal agreements between" the
parties to this Agreement and shall bind them under international law.
4.
Subsidiary arrangements and loan agreements shall make specific
reference to this Agreement and the terms of this Agreement shall,
unless stated otherwise, apply to such subsidiary arrangements and
loan agreements.
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ARTICLE I
II
Unless otherwise indicated, the Government of Canada shall assume the
responsibilities described in Annex "A" and the Government of the United
Republic of Tanzania shall assume the responsibilities described in
Annex "B" in respect of any specific project established under a
subsidiary arrangement or loan agreement. Annexes "A" and "B" shall be
integral parts of this Agreement.
ARTICLE IV
For the purposes of this Agreement:
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(a) "Canadian firm" means Canadian or other non-Tanzanian firms or
institutions engaged in any project established under a subsidiary
arrangement or loan agreement referred to under Article II.
(b)
"Canadian personnel" means Canadian or non-Tanzanian or other non-
permanent residents of Tanzania, who are working in Tanzania
on any project established under a subsidiary arrangement or loan
agreement; and
(c) "dependant " means
(i) the spouse of a member of the Canadian personnel, including a
person of the opposite sex with whom the member of the Canadian
personnel has lived and publicly represented as his or her spouse
for a period of not less than one year before the commencement of
his or her period of service in Tanzania;
( 11) a child of the member of the Canadian personnel or his or her
spouse who is
(A)
under twenty-one years of age and dependant or. tbe member
of the Canadian personnel or his or her spouse for
support, or
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(B)
twenty-one years of age or older, and dependant on the
Canadian personnel or his or her spouse for support by
reason of a mental or physical incapacity but not
including a child from a previous marriage who does not
normally reside with the member of the Canadian
personnel or his or her spouse.
ARTICLE V
The Government of the United Republic of Tanzania shall indemnify and
save harmless the Government of Canada, Canadian firms and Canadian
personnel from civil liability for acts or ommissions occuring in the course
of the performance of their duties in the execution of any Project
or programme established under a subsidiary arrangement or loan agreement
except for acts arising from gross negligence or wilful misconduct of
Canadian firms or Canadian personnel.
ARTICLE VI
The Government of the United Republic of Tanzania shall exempt Canadian
firms and Canadian personnel including their dependants from all
resident and local taxes, levies or charges of any kind, including taxes
imposed on personal income, whether such income arises outside
of Tanzania or from Canadian Aid funds.
ARTICLE VII
The Government of the United Republic of Tanzania shall exempt Canadian
firms and Canadian personnel including their dependants from or bear the
costs of import duties, customs tarrifs, purchase and sales tax and all other
duties, taxes, charges, levies and fees, on all equipment, products,
materials and any other goods imported into Tanzania for or related to
the execution of projects established under subsidiary arrangements or
loan agreements.
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ARTICLE VIII
The Government of the united Republic of Tanzania shall exempt Canadian
personnel including their dependants from the payment of import duties,
customs tariffs, excise duties, purchase and sales tax and all other duties,
taxes, charges, levies and fees in respect of bona fide personal
and household effects imported within six months of the personnel's
arrival in Tanzania. In the event of fire and theft, the exemptions
under this Article may be re-exercised at any time during the assignment of
the Canadian personnel, after an official approval of the Treasury.
The exemptions in this Article are given subject to the following
conditions:
(a)
each Canadian personnel is confined to only one unit. or
set or a reasonable number of any bona fide personal and
house hold effects to be imported or purchased locally;
(b)
the personal and household effects, if imported, shall be
from their country of origin or the country of their
last posting or acquired from any other country while in
transit to Tanzania;
(c)
the personal and household effects cannot be sold or
otherwise disposed of within a period of three (3) months
from the date of importation or six (6) months from the
date of local purchase;
(d)
the personal effects and household equipment are permitted to
be re-exported or disposed of to persons enjoying similar
exemptions.
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ARTICLE IX
The Government of the United Republic of Tanzania shall exempt Canadian
personnel from the payment of import customs duties, excise duties,
sales taxes and purchase or any other duties, taxes or charges in
respect of one motor vehicle imported into Tanzania or purchased locally
once every three years, provided that if the motor vehicle is sold or
otherwise disposed of it ~hall be subject to the normal duties and other
charges at the rate in force on the date the exemption was given and on
the value at the time of disposal.
In the event of fire, theft, damage and destruction the exemptions under
this Article may be re-exercised at any time during the assignment of
the Canadian personnel, after an official approval of the Treasury.
ARTICLE X
The Government of the United Republic of Tanzania shall grant Canadian firms
and Canadian personnel freedom from currency exchange restrictions
in respect of the re-exportation of their salaries or remunerations
transferred from abroad through authorized banking institutions in
Tanzania.
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ARTICLE XI
Upon request, the Government of the United Republic of Tanzania shall
inform Canadian firms and Canadian personnel of local laws and
regulations which may concern them in the performance of their duties.
ARTICLE XII
The Government of Canada and the. Government of the United Republic
of Tanzania will endeavour to consult each other in respect of any
matter that may from time to time arise from or in connection with
this Agreement.
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ARTICLE XIII
Differences which may arise relating to the interpretation and
application of the provisions of this Agreement or of any subsidiary
arrangement shall be settled by means of negotiations between the
Government of Canada and the Government of the United Republic of
Tanzania or in any other manner mutually agreed upon by the parties to
this Agreement.
ARTICLE XIV
This Agreement shall enter into force on the date of its signature
and shall remain in force until terminated by either party on six
month's notice in writing to the other party. The responsibilities of the
Government of Canada and the Government of the United Republic of
Tanzania with regard to projects. being carried out by virtue of
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subsidiary arrangements or loan agreements entered into pursuant to
Article II of this Agreement and begun prior to the receipt of the
termination notice referred to above shall continue until completion of
such projects as if this Agreement remained in force in respect of and
for the whole duration of such projects.
ARTICLE XV
This Agreement may be amended from time to time as agreed by both
parties.
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IN WITNESS WHEREOF, the undersigned, duly authorized by their respective
Governments, have signed this Agreement, in duplicate at Dar es Salaam,
this 9th day of March 1987 .
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FOR ~~D ON BEHALF OF THE
GOVE~~MENT OF THE UNITED
REPUBLIC OF TANZANIA
FOR AND ON BEHALF OF THE
GOVERNMENT OF CANADA
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ANN EX
"A"
RESPONSIBILITIES OF THE GOVERNMENT OF CANADA
1.
Unless otherwise indicated in subsidiary arrangements or loan
agreements, the Government of Canada shall finance the following
expenditures based on the rates authorized in its regulations.
(A) Expenditures related to Tanzania fellowship holders:
(1)
registration and tuition fees, books, supplies or
materials required;
(2) a living allowance; .
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(3) medical and hospital expenses;
(4)
economy-class fares for travel by air or any other approved
means of transportation, in compliance with the
requirements of the fellowship
progral1Ul1e.
(B) Expenditures related to Canadian personnel:
(1) their salaries, fees, allowances and other benefits;
(2) their travel expenses and those of their dependants
between their normal place of residence and the port
of entry and departure in Tanzania;
(3) the cost of shipping, between their normal place of
residence and the port of entry and departure in Tanzania,
their personal and household effects, those of their
dependants and the professional and technical materials
required by the said personnel for the execution of their
duties.
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(C) Expenditures related to certain projects;
(1)
the cost of engineering. architectural and 'other
services required for the execution of projects;
(2)
the cost of providing equipment, materials, supplies and
other goods and of the 'transportation of same from their
point of departure to Tanzania.
II.
Contracts for the purchase of goods or commissioning of services
financed by the Government of Canada and required for the execution of
projects may be signed by the Government of Canada or one of its
agencies. It may be provided in a subsidiary arrangement or loan
agreement that such contracts shall be signed by the Government of
the United Republic of Tanzania.
III.
The Government of Canada shall provide the Government of the United
Republic of Tanzania in a timely manner with the names of the
Canadian personnel and their dependants entitled to the right and
privileges set forth in this Agreement or in any subsidiary
arrangement or loan agreement.
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A~NEX "B"
RESPONSIBILITIES OF THE GOVERNMENT OF
THE UNITED REPUBLIC OF TANZANIA
1. CANADI~~ PERSONNEL
A.
Unless otherwise indicated in subsidiary arrangements or loan
agreements, the Government of the United Republic of Tanzania
shall provide or pay for:
1.
actual hotel or rest house accommodation expenses for
Canada personnel and for their accompanying dependants
for one night on arrival and for any period up to the
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the Government of the United Republic of
Tanzania provides suitable residential accommodation and
for a period not exceeding three (3) days immediately
prior to their departure, after they have vacated their
permanent accommodation;
2.
accommodation containing basic furnishings of the standard
equivalent to that normally accorded to a public servant of
the Government of the United Republic of Tanzania of
comparable rank and seniority;
3.
furnished office premises and services including adequate
facilities and materials, support, staff, professional and
technical material, and telephone, mail and any other
services which the Canadian personnel would need in order
to carry out their duties;
4.
the timely recruiting and seconding of counterparts when
required for the project;
5.
the actual travel expenses of the Canadian personnel and of
their dependants between
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(a)
the port of entry and the place of residence of said
Canadian personnel in Tanzania at the beginning of
their assignment; and
(b)
the place of residence and the point of departure of
said Canadian personnel in Tanzania upon completion of
their assignment;
6. the cost of transportation of:
(a)
the personal and household effects of the Canadian
personnel and those of their dependants; and
(b) the professional and technical material required by said
Canadian personnel in the execution of their duties in
Tanzania.
between
(c)
the port of entry and the place of residence of said
Canadian personnel in Tanzania at the beginning of their
assignment; and
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the place of residence and the point of departure of said
d)
Canadian personnel in Tanzania at the beginning of their
assignment;
7.
actual and reasonable travel expenses and costs of hotel or other
suitable accommodation, including meals, of the Canadian
personnel, but not of their dependants at a level
corresponding to their status and rank, while they are
required to travel on duty;
8.
any official assistance which may be required for the purpose of
facilitating the travel of Canadian personnel in the
performance of their duties;
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9.
any official assistance which may be required for the purpose of
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expediting the clearance through customs of equipment,
products, materials, supplies, and other goods required for
the execution of projects and. the personal and household
effects of Canadian personnel and their dependants;
10.
the storage and payment of any related charges for articles
mentioned in,paragraph 9 above during the period when they are
held at customs and any measures required to protect these
articles against natural elements, theft, fire and any other
danger;
11.
the prompt inland transportation of all equipment, products
materials, supplies and other imported goods required for the
execution of projects, from the port of entry in Tanzania to
project sites, including, where necessary, the obtaining of
priority by Tanzanian forwarding and transportation agents;
12.
all permits, licences and other documents including cpsts
related thereto necessary to enable Canadian firms and
Canadian personnel to carry out their respective functions in
Tanzania;
13.
all necessary visas, including work and residents visas as
provided for in Part III section 10 (2) of the Immigration Act
of 1972, and all import or export permits, as the case-may be,
for the Canadian personnel and their dependants, for
equipment, materials, supplies or goods required for the
execution of projects, theprofessional and technical effects of
equipment and the personalsuch Canadian personnel
and their dependants;
14.
approved means of communication in Tanzania depending on the
needs of programmes and projects;
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reports, records, maps, statistics and other information
related to programmes and projects and likely to assist
Canadian personnel in carrying out their duties;
16.
other measures within its jurisdiction which may facilitate
the execution of projects and programmes;
17.
medical facilities to Canadian personnel and their dependants in
Tanzania in accordance with those standards granted to
officials of the Government of the United Republic of Tanzania of
comparable' rank;
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II. TRAINEES
1.
The Government of the United Republic of Tanzania will ensure
that employment re1ate~ to their studies will be available for
a period of at least (5) years to fellowship holders from
Tanzania upon their return to their country upon successful
completion of their programs of study.
2.
The Government of the United Republic of Tanzania will ensure
that all training award holders are bonded before departure
to return to Tanzania on completion of their program in Canada,
and that such bonds are enforced.
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