sos eee Seu AGREEMENT BETWEEN ‘THE GOVERNMENT OF THE PHILIPPINES . AND : ‘THE UNITED NATIONS DEVELOPMENT PROGRAMME WHEREAS the General Assembly of the United Nations has “established the United Nations Development Programme (hereinafter called the UNDP) to support and supplement the national efforts of developing countries at solving the most important problems of their economic development and ta promote social progress and better standards of life; WHEREAS the Government of the Philippines (hereinafter referred to as the Government) has been receiving assistance under the aegis of the United Nations Special Fund and the Technical Assistance Programme of the United Nations which progrummes have been merged to become the UNDP; and : . : : WHEREAS the Gévernment of the Philippines wishes to continue to request assistance from the UNDP for the benefit af its people; NOW THEREFORE the Government and the UNDP (hereinafter called the Parties) have entered Into this Agreement in @ spirit of friendly eo-operation, to goverh the terms and conditions of this assistance, Article] . Scope of this Agreement 1 This Agreement embodies the basic conditions under which the UNDP and itz Executing Agencies shall assist the Government in carrying out its development projects, and under which such UNDP- assisted projects shall be executed, It shall apply to all such UNDP assistance and to such Project Yecuments or other instruments (hereinafter called Project Documents) as the, Parties may conclude to ‘efine the particulars of such assistance and the respective responsibilities of the Parties and the ‘Extcuting Agency hereunder in mote detail in regard to such projects, 2 Aisistance shall be provided by the UNDP.under this Agreement only in response to requests submitted by the Government and approved by the UNDP. Such assistance shall be made available to the Government, or to such entity as the Government may designate, and shall be furnished and received in “accordance with the relevant and applicable resolutions and decisions of the competent United Nations ‘organs, and subject to the availability of the necessary funds to the UNDP. Article 1 Forms of Assistance 5 1. Assistance which may be made available by the UNDP to the Government under this Agreement may consist of:(2) The services of advisory experts and consultants, including consultant firms or organizations, . Selected by and responsible to, the UNDP or the Executing Agency concemed; (©) The services of operational experts selected by the Executing Agency, to perform functions ‘of ‘an operational, executive or administrative character es civil servants of the Government or as employees of such entities as the Government may designate under Article 1, paragraph 2, hereof; (c) The services of members of the United Nations Volunteers (hereinafter called volunteers); (® Equipment and suppti (e) Seminars, training programmes, demonstration projects, expert working groups and related activities; . . (0) Scholarships and fellowships, or similar arrangements under which candidates nominated by the Government and approved by the Executing Agency concemed may study or receive training; and ) Any other form of essistance or form of execution which may be agreed upon by the Government and the UNDP, 2, Requests for assistance shell be presented by the Government to the UNDP through the UNDP Fesident representative in the Philippines (hereinafter called the’ country), and in the form and in Accordance with procedures established by the UNDP for such reqiests. The Goverment shall provide the UNDP with all appropriate facilities and relevant information to appraise the request, including an ‘expression of its intent with respect to the follow-up of investment-otiented projects, Assistance may be provided by the UNDP to the Government either directly, with such external sssistanee as It may deem appropriate, or through an Executing Agency, which shall have prinary Fesponsibility for earrying out UNDP assistance to the project and which shill have the status of an Independent contractor for this purpose. Where assistance is provided by the UNDP directly to tne Government, all references in this Agreement to an Executing Agency shall be construed to refer to the UNDP, unless cleatly inappropriate from the context, 4. (@) The UNDP may maintain & permanent mission, headed by a resident representative, in the gountry to represent the UNDP therein and be the principal channel of communication with the Government on all Programme meters, The resident representative shall have full responsibility and ‘timate authority, on behalf of the UNDP Administrator, for the UNDP programme in all its aspects in ‘the country, and shall be the leader of the team in accordance with General Assembly resolution 2598 (XXV) of the United Nations, in regard to such representatives of other United Nations ongenizations as may be posted in the country, taking into account their professional competence and theit relations ith Sppropriate organs of the Government. The resident representative shall maintain Liaison on behalf of the Programme with the appropriate organs of the Government, including the Government's co-ordinating ‘agency for extemal assistance, and shall inform the Government of the policies, criteria and procedures of the UNDP and other relevant programmes af the United Nations. He shall assist the Government, as may be required, in the preparation of UNDP country programme end project requests, as ‘wel! as Proposals for country programme or project changes, assure proper eo-ordination of all assistance rendered by the UNDP through various Executing Agencies or its own eonsultents,essist the Government, ‘5 may be necessary and upon request, in co-ordinating UNDP ectivities with national, bilateral and ‘multilateral programmes within the country, and carry out such other functions as may be entrusted to Bim by the Administrator or by an Executing Agency,(©) The UNDP mission in the country shall have such other staff ‘as the UNDP may deem “ qsppropriate to its proper functioning, The UNDP shell notify the Government from time to time o” the ‘mmames of the members, and of the families of the members, of the mission, and of changes in the status of such persons, - Article 1 Execution of Projects | 3, The Government shall remain responsible for its UNDP-asssted development projects and the realization of their objectives as deseribed in the relevant Project. Documents, and shall earry out such parts of such projects as may be stipulated in the provisions of this Agreoment and such Project uments. ‘The UNDP undertakes to complement and supplement the Government's participation in | nan orice tigh astne othe Goverment in pirsunee of tis Agreement ed th Mor Plans Iv” forming part of such Project Documents, and through assistance to the Government in fulfilling its intent \ with respect to investment follow-up. The Govemment shall inform UNDP of the Government "Cooperating Agency directly responsible for the Government's participhtion in each UNDP-assisted project, Without prejudice to the Government's overall responsibility for its projects, the Parties mey agree that an Executing Agency shell assume primary responsibility for execution of a project in { {, Sonsultation and agreement with the Cooperating Agency, and any arrangements to this effect shall be stipidates in the project Work Plan forming part of the Project Document together with arrangements, if any, for transfer of such responsibility, in the couse of project execution, to the Gevernment or to an entity designated by the Government, a . 2.. Compliance by the Government with any prior obligations agreed to be necessary or appropriate “for UNDP assistance to a particular project shall be a condition of performance by the UNDP and the F “geting Agency of their responsibilities with respect to that project. + "Any agreement between the Government and an Executing Agency concerning | the execution of a UNDP-assisted project or between the Government and an operational expert shall be subject to the Provisions of this Agreement. | 4. The Cooperating Agency shall as appropriate and with due notice to the Executing Agency assign 4 full-time director for each project who shall perform such functions as ate assigned to him by the Cooperiting Agency, The Executing Agency shall as approgeiate and in consultation with the Government appoint a Chief Technical Adviser or Project Coordinator responsible to the Executing "Agency to oversee the Executing Agency's participation in the project at the project level, He shall ‘Supervise and coordinate activities of experts and other Executing Agency personnel and be responsible fee the on-the-job training of national Government counterparts.’ He shall be responsible for the anagement and efficient utilization of all UNDP-financed inputs, including equipment provided to the Project. a 5. =" In the performance of their duties, advisory experts, consultants and volunteers shall act in elose ondadtation with the Government and with persons or bodies designeted by the Government, and shall ‘comply with such instructions from the Government as may be appropriate to the nature of thelr duties | ty‘Agency concerned! and the Government. Operational experts shall be solely re: xonsible to, and be under the exclusive direction of, the Government or the entity’ to whieh they are cssigned, but shall not be Fequired to perform any functions incompatible with thelr international status or with the purposes of the UNDP or of the Execiting Agency. ‘The Government undertakes that the commencing date of each ‘operational expert in its service shell coincide with the effective date of his contract with the Executing ‘Agency concerned, 6 Recipients of fellowships shall be nominated by the Government and selected by the Executing | Agency. Such fellowships shall be administered in accordance with the fellowship policies and practices of the Exeeuting Agency, ‘ a 7. Technical and other equipment, materials, supplies and other property financed or provided by the UNDP shall belong to the UNDP. Ownership thereof shall normally be transferred, on terms aid ‘conditions mutually agreed upon between the Government and the UNDP, to the Government or to an ¢ entity nominated by it, 8 With reference to patent rights, copyright rights, and other similar rights relating to inventions and discoveries: 5 (e) The patent rights, copyright rights, and other similar rights to any discovery or work whieh results solely and specifically from UNDP assistance under this Agreement shall belong to the UNDP. (b) The Government shall have the right of use and exploitation in the country free of royalty or * any charge of similar nature, and to grant licenses of use and exploitation on the terms and conditions it ‘deoms relevant, by simple notification of its desire to the UNDP, . . (©) The UNDP shall have the right to grant licenses of use and exploltetion outside the country, by simple notification of its desire to the Government and taking note of the points of view of the latt: (@) The UNDP shall inform the Government of all patent rights, copyright rights and other similar rights relating to inventions end discoveries which are available to it under similar agreements >) with other countries, an a) (e) The Government shall be entitled to benefits hereunder not less favourable than those to S "whieh any other country may be entitled under any similar agreements between UNDP and any such country, . Article , Information concerning Projects - 1, The Government shall furnish the UNDP with such relevant reports, maps, accounts, records, statements, documents and other information as it may request concerning any UNDP-assisted project, its execution or its continued fessibility and soundness, ot concerning the compliance by the Government with its responsibilities under this Agreement or Project Documents, . 2. The UNDP undertakes thet the Government shall be kept currently informed of the progress of its = essistance activities under this Agreement, Either party shell have the right, at any time, to observe the ¢ Progress af operations on UNDP-essisted projects. ‘and the assistance to be given and as may be mutually agreed upon between the UNDP and the Executing ”3. The Government shall, subsequent to the completion of « UNDP-assisted project, make availa to the UNDP at its rc quest information as to benefits derived from and activities undertaken to furth, the purposes of that project, including information necessary or appropriate to its evaluation or evaluation of UNDP assistance, and shali consult with and permit observation by the UNDP for th purpose, . eee > 4. Any information or material ‘which the Goverment is required to provide to the UNDP under th Article shalt be made available by the Govemment to an Executing Agency: at the request of t! Executing Ageney concerned, ' 5. The Parties shall consult each other regarding the publieation, as appropriate, of any informati: relating to any UNDP-assisted project or té"benefits derived therefrom, However, any informatt: relating to any invest ment-oriented project may be released by the UNDP to potential investors, up written authorization by the Government. * oR Participation and Contribution of Government : in execution of Project 1. In fulfilment of its responsibilities in the execition of the projects assisted by the UNDP uny this Agreement, the Government shall provide the following in kind to the extent detailed In relevy Project Documents : : (8) Lovet counterpart professional and other servicts, including national counterparts operational experts; (©) Land, buildings, and training and other facilities avatlable or produced within the coun} and . . ’ (©) Equipment, materials and supplies evailable or produced within the country. t 2. Whenever the provision of equipment forms part of UNDP essistance to the Government, § latter shall meet charges relating to customs clearance of such equipment, its transportation , insurance from the port of entry to the projet ste together with any incidental handing or storage ? related expenses, its insurance after delivery tothe project site, ané Its installation and maintenance.” ce ‘The Government shall arrange for the payment of the ‘salaries of ‘trainees and recipients fellowships during the period of their fellowships, 4. Af s provided in the Project Document, the Government shall pay, or arrange to fave pald, to NDP or an Executing Agency the sums requited, to the extent specified in the Project Budget of Project Document, for the provision of any of the items enumerated in paragraph 1 of this Arti whereupon the Exceuting Agency shall obtain the necessary items and account annually to the UNDP any expenditures out of payméhts made under this provision. 5. Moneys poyable to the UNDP under the preceding paragraph shall be paid to an account design for this purpose by the Secretary-General of the United Nations and shall be administered in accordo: with the appliceble finencial regulations of the UNDP. ac¢ i } i i & _The cost of Items constituting the Government's contribution to the project and ‘any sums payable by the Government in pursuance of this Article, as detalled in Projeet Budgets, shall be considered as estimates based on the best Information available at the time of preperation of such Project Budgets, Such sums shall be subject to adjustment whenever necessary to reflect the actual cost of any such items Purchased thereafter, % The Government shall as dpproprinte display sultable signs at each project dentifying it as one ‘assisted by the UNDP and the Executing Agency, : ‘ Article VI Local costs and other items payable in local currency Aaeal costs anc other items payable in local currency Fae ntiltion to the contribution referred to in Article ¥ above, the Government shall assist the UNDP in providing it with assistance by peying or arrenging to pay for the fellowing costs or facilities, in - tie amounts specified In the relevent Project Document or otherwise determined by the UNDP in Pursuance of relevant decisions of its governing bodies: (6) The local living costs of advisory experts and eonsullants assigned to projects in the country; (©) Local administrative and clerical services, ineluding necessary loca) secretariea help, {interpreter-transiators, end related assistange; (©) Transportation of personnel within the country; and (@) Postage and telecommunications for official purposes. : © neg ne Sovemiment shal also psy each operational expert cteetly the'salary, ellowences and other Feleted evroluments which would be payable to one ofits nationals if appcinted to the post invelved i Shall grant an operational expert the same annual and sick leave as the Executing Agency consemed Grants its own officials, and shall make any arrangement necessary to permit him to take home leave to wich he is enltled under the terms of his service with the Executing Ageney concemnea, Shoals ie service with the Government be terminated by it under cireumstances which give rise to an obligation on ‘the part of an Executing Ageney to pay him an indernity under its contract with him, the Government Shai contribute to the cost thereof the amount of seperation indemnity which would be payable to a nitlonal civil Servant or comperable employee of like rank whose service is terminated in the same clreumstances, 3. The Government undertakes to furnish in kind the following loca! services and facilities: (a) The necessary office space and other premises; (&) | Such inecical facilities and services for international personnel as may be availble to Rational civil servants, (c) Simple but adequately furnished accommodation to volunteers; and (@) Assistance in finding suitable housing accommodation for’ international personnel, and the Provision of such housing to eperationsl experts under the same conditions as to national civil setvants of ‘comparable rank f connt Government shall also contribute towards the expenses of maintaining the UNDP mission in te country by paying annually'to the UNDP & lump sum mututlly agreed between the Par tes te cover the following expenditures: ee 7 fA(a) An appropriate office with equipment and suppiies, adequate to serve as local headquarters for the UNDP in the country; : (©) Appropriate local secretarial and clerical halp, interpreters, translators and related assistance; * (c) Transportation of the resident representative and his staff for official purposes within the country; : (@) Postage and telecommunieations for officiel purposes; and : (e) Subsistence for the resident representative and his staff while in official travel status within the country, : : 5. The Government shall'heve the option of providing in kind the facilities referred to in paragraph 4 above, with the exception of items (b) and (e). . §. Moneys payable under the provisions of this Article, other than under paragraph 2, shall be paid by ‘the Government and administered by the UNDP in accordance with Article V, paragraph 5. Article vl Relation to assistance from other sources In the event that assistance towards the execution of a project is obtained by either Party from other sources, the Parties shall consult each other and the Executing Agency with a view to effective co- ordination and utilization of assistance received by the Government from all sources, The obligations of the Government herounder shall not be modified by any arrangements it may enter into with other entitics co-operating with it in the execution of a project. Article vit Use of assistance ‘The Government shall exert its best efforts to make the’ most effective use of the assistance Provided by the UNDP and shall use such assistance for the purpose for which it is intended, Without restricting the generality of the foregoing, the Government shall take such steps to this end as are specified in the Project Document. . Privi 1, The Government shall apply to the United Nations and its organs, including the UNDP and U.N. Subsidiary organs acting as UNDP Executing Agencies, their property, funds and assets, snd to their officials, including the resident representative and other members of the UNDP mission in the country, the provisions of the Convention on the Privileges and Immunities of the United Nations, 2, The Government shall apply 8 GaeH Specializee Agency -weting -as-an-Breevting Agency, its Property, funds and assets, and to its officials, the provisions of the Convention on the Privileges andineludeé' operational experts, volunteers, consultants, and ji ‘Immunities of the Specialized Agencies, including any Annex to the Convention applicable to such: ‘Specialized AgeMy. ‘An. pase the International Atomic Energy Agency (the IAEA) acts as an Executing Agency, thi Government shal! apply to its property, funds and assets, and to its officlals and experts, the Agreement on the Privileges and Immunities of the IAEA. , 3. Members of the UNDP mission in the country may be granted such other privileges and immunities ‘a5 may be necessary for the effective exercise by the mission ofits functions and as may be agreed upon by the Parties =. 5 4. (a) Except as the Parties may otherwise agree in Project Documents relating to specifie Projects, the Government shall grant all persons, other than Government nationals employed locally, performing services on behalf of the UNDP, # Specialized Agency or the IAEA who are not covered by Paragraphs 1 and 2 above the same privileges and immunities as officials of the United Nations, the Specialized Agency concemed or the IAEA under Sections 18, 19 or 18 respectively of the Conventions on the Privileges and Immunities of the United Nations or of the Specialized Agencies, or of the Agreement on the Privileges and Immunities of the IAEA. (©) For purposes f the instruments on privileges and Immunities referred to inthe preceding parts of this’Article: (2) All papers and documents releting to e’projeet in the possession or under the control of the persons referred to in sub-parazraph 4(a) above shall be deemed to be documents, belonging to the United Nations, the Specislized Agency concerned, or the IAEA, as the case may be; and (2) Equipment, materials end supplies brought into or puretiased or leased by those persons within the eountry for purposes of @ project shall be deemed to be property of the United Nations, the Specialized Agency concerned, or the IAEA, as the case may be, e expression "persons performing services” as used in Articles IX, X and XIII of this Agreement ical as well as natural persons and their employees. It includes governmental ot non-governmental organizations ot flems which UNDP may retain, whether as an Exceuting Agency or otherwise, to exeeute of to assist in the execution of UNDP stance té a project, and their employees. Nothing in this Agreement shall be construed to limit the privileges, immunities or facilities conferred upon such organizations of firms or their employees in any other instrument, : 1, The Government shall take any measures which may be necessary to exempt the UNDP, Its Executing Agencies, their experts and other persons performing services on their behalf from regulations oF other legal provisions which may interfere with operations under this Agreement, and shell grant them such other facilities as may be necessary for the speedy and efficient exeeution of UNDP assistance, It shall, in particular, grant them the following rights and facilities: a(a) Prompt action of| nomi inalons of experts and other persons performing serv ses en beat of the UNDP oF an Executing Ageney; ©) Prompt execution of UNDP assistance; (©) The most favourable 1 legal rate (Any permits we Se for the importation of equipment, materials ‘and supplies, thelr subsequent exportation; : 48) Any permits necessary for im, OF consumption of officials Performing services on thelr behalf, and forth, % The Government shall bear all risys Pesponsible for dealing with claims whien Executing Agency, their officials or other hold them harmless of exchange; of e of operations arising under May be drovght by third par poriation of property belonging to and intended the UNDP, its Executing Agencies, or other Subsequent exportation of such property, and ‘ems mentioned in sub-paragraphs (f) ang ©) above, {0 the extent necessary for proper and for for the persons this Agreement, It shall be Hes against the UNDP or an10° Article x1 Settlement of disputes 1. Ay dispute between the UNDP and the Government arising out of or relating to this Agreement which isnot settled by negotiation or other agreed mode of seltlement shell be submitted to arotration at the request of elther Party. Each Party shall appoint one ashitretor, and the two arbitrators se feosnted tll aps 8 thee, wn sal be the chal I wn tiry day of te reget fr arbitration either Party has not appointed an arbitrator or i within fifteen days of the appointivent of two arbitrators the thir arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator. The procedure of the arbitration shall be fixed by the arbitrators, and the expenses of the arbitration shall be torne by the Parties ab assessed by the arbitrators, The arbitral award shell contain e statement of the easons on which itis based and shall be accepted by the Parties as the final adjudication of the dispute, 2. _Any dispute between the Government and an operational expert atising out of or relating to the Conditions of his service with the Government may be referred to the Execwting Agency providing the operational expert by elther the Government or the operational expert involved, and the Exeevting ‘Agency concemed shall we its good offices to assist them in ariving at e settlement. If the dispute cannot be settled in accordance with the preceding sentence or by other agreed made of settlement, the matter shall atthe request of eithed Pirty'be submitted to arbitrate felling the same provisions es fare talé down in paragraph 1 of hil Article, except that the arbitrator not appointed by either Party or by the arbitrators of the Parties shall be appointed by the Seerelary-General of the Permanent Court of Arbitration, ad . Article xu General Provisions “L, This Agreément shall be subject to ratifeation by the Goverment, and shall come into force pen recelpt by UNDP of notification from the Government af itsratification, Pending such Fatification, the existing arrangements shall be followed by the Parties, It stall continue in force until terminated under paragraph 3 below. Upon the entry into force of this Agreement, it shall supersede existing Agreements conceming the provision of assistance to the Government out of UNDP recourees and concering ‘the UNDP office in the country, and it shall apply to all assistance provided to the Government and to the UNDP office established inthe country under the provisions ofthe Agreements ow superseded, . . 7 2. This Agreement may be modified by written agreement between the Parties hersto, Any relevant matter for which no provision is made in this Agreement shall be sttod by the Peres in eping with the relevent rescltions and decisions of the appropriate organ of the United Nations. Each Party shal five {ull and sympathetic consideration to any proposal advanced by the other Party under this paragraph 3% __This Agreement may be terminated by elther Party by written notice to the other and shill terminate sinty days efter ° at of such notice,+ funds and property of the UNDP end of any Executing Agency, ‘Persons performing services on their behalf under this Agreement, IN WITKESS WHEREOF tho undersigned, duly appointed representatives of the United Nations Development Programme and of the Gove: rnment, Fespectively, have on behalf of the Parties signed the prt: Apeenetn th agli lansige in tn eet Mew Yor hye ga oy 1977, ae or of any For the United Nations Development Programme: For the Government of the Philippines: = Reyes Administrator Ambassador Extraordinary end Plenipotentiary. Permanent Representative of the Philippines to the United Nations