M E M O R A N D U M O F U N D E R S T A N D I N G
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE INTERNATIONAL DEVELOPMENT LAW ORGANIZATION CONCERNING COOPERATION IN THE AREA OF RULE OF LAW AND THE ESTABLISHMENT OF AN OFFICE IN ARMENIA
NOTING that the International Development Law Organization (hereinafter referred to as “IDLO” or the “Organization”) is an intergovernmental organization dedicated to promoting the rule of law that was formed under the Agreement for the Establishment of IDLO signed in Rome on February 5, 1988, as amended, with its current headquarters in Rome, Italy;
NOTING the commitment of the Government of the Republic of Armenia to promote the advancement of the rule of law, and the lead role of the Ministry of Justice in coordinating international technical assistance in this sphere;
EXPRESSING the Parties’ common desire to establish a strategic partnership to promote the rule of law through the cooperation in the implementation of programmatic activities;
FURTHER NOTING that IDLO is currently cooperating with the Government of Armenia (hereinafter referred to as the “Government”) in implementing the projects “Judicial Capacity Building: New Code of Civil Procedure,” “Support to the Supreme Judicial Council of Armenia with Operational Assistance and Capacity Building for the New Armenian Insolvency Court,” and “Strengthening the Integrity of Armenia's Criminal Justice System” (the “Projects”);
RECOGNIZING the need for IDLO to establish an appropriate presence in Armenia in order to implement and carry out its activities;
AFFIRMING the desire of the Parties to set forth the conditions concerning the privileges, immunities, facilities, and services of and related to IDLO in the territory of Armenia as are necessary for the fulfillment of IDLO’s purposes and that they are currently in the process of negotiating a Host Country Agreement ("HCA") for this purpose;
RECOGNIZING that operational exigencies of IDLO and the Government of Armenia require IDLO to open an office and start operations in Yerevan for the implementation of the technical assistance projects pending the entry into force of an HCA;
The Parties hereby agree as follows:
Article 1
Purpose
The purpose of this Memorandum of Understanding (“MOU”) is to establish a framework for cooperation and coordination between the Parties, and enable IDLO to establish an appropriate presence in Armenia as an intergovernmental organization and to smoothly and efficiently conduct its operations for the implementation of the Projects.
Article 2
Scope of Cooperation
In order to achieve the common goals set forth in the Preamble and Article 1, the Parties agree to collaborate on activities to promote and develop the rule of law. The Parties shall communicate on a systematic and regular basis to exchange views and to assess the implementation of joint activities.
Article 3
Establishment of an IDLO presence in Armenia
1. The Government recognizes IDLO as an intergovernmental organization with legal personality and the capacity to perform legal acts in Armenia required for the performance of its functions. This shall include the capacity:
a) To contract:
b) To acquire and dispose of movable property:
c) To lease immovable property;
d) To employ international and national personnel, pursuant to the procedures, terms and conditions established in the Organization’s Employee Rules and Regulations and the Human Resources Manual:
e) To enjoy full juridical personality in legal proceedings: and
f) To hold and operate foreign or local accounts, funds, provident funds, endowments, or other financial facilities of a similar nature in any currency.
2. IDLO is authorized to establish an Office in Yerevan to be recognized as the seat of IDLO in Armenia.
3. The competent authorities of the Republic of Armenia shall properly ensure that the tranquility of the IDLO office is not impaired by any person or group of persons attempting unauthorized entry to the Office or in its immediate vicinity. The Government shall, if so requested by the IDLO Country Representative, take all reasonable steps to ensure the necessary safety and protection of the persons mentioned in this MOU whose security is endangered due to their services to IDLO within Armenia.
Article 4
Entry, Stay and Departure
1. The Government shall facilitate the entry, stay, and departure for purposes of their official functions of IDLO Officials, Experts, Representatives and other persons invited to the IDLO Office or to meetings of IDLO in its Office. Visas and work permits which may be required by persons referred to in this paragraph shall be granted as promptly as possible.
2. As appropriate and applicable, IDLO shall promptly notify the Government of the appointment of the IDLO Country Representative, Officials and Experts, their arrival and their final departure, or the termination of their engagement with IDLO.
Article 5
Settlement of disputes
Any dispute between the Parties concerning the interpretation or application of this MOU shall be settled amicably, in accordance with the interests of the Parties.
Article 6
Entry into force, termination and amendment
1. This MOU shall enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary for its entry into force have been completed.
2. This MOU shall regulate the operations and activities of IDLO in Armenia on an interim basis until the Host Country Agreement between the Government of Armenia and IDLO enters into force and shall terminate automatically upon such entry into force.
3. This MOU shall cease to be in force by mutual consent of the Parties or one year after one Party has notified the other Party of its intention to terminate the MOU.
4. This MOU may be amended by mutual written consent of the Parties at any time.
Article 7
Notices
1. All notices addressed to IDLO concerning this MOU shall be in writing and forwarded to its Headquarters in Rome, to the attention of the Director-General, and to its Office, to the attention of the IDLO Country Representative.
2. The Government shall promptly inform IDLO of the officer designated to serve as the official point of contact responsible in the first instance for all matters in relation to this MOU as well as any subsequent changes to that designation. All notices addressed to Armenia concerning this MOU shall be in writing and addressed to the Ministry of Justice, for the attention of the Minister of Justice.
3. Either Party may update its official point of contact by providing written notice to the other Party. The amendment procedure set forth under Article 6, paragraph 4, shall not apply to the change of the official point of contact.
Article 8
Language
This MOU shall be executed in duplicate in both the English and Armenian languages. In case of discrepancy, the English version shall be treated as authoritative.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Memorandum of Understanding.
23.06.2021 |
17.06.2021 |