B A S I C  A G R E E M E N T

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

Based on the United Nations Convention on the Privileges and Immunities of the Specialized Agencies signed on November 21, 1947 in New York (hereinafter referred to as the ‟Convention”),

Whereas the Government of the Republic of Armenia (hereinafter referred to as "the Government") desires to avail itself of assistance from the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO"), and

Whereas FAO is agreeable to provide such assistance at the specific request of the Government,

Now, therefore, the Government and FAO (hereinafter also referred as “Parties”) have entered into this Basic Agreement, in the spirit of friendly co-operation, embodying the general terms and conditions under which the FAO Representation is established in the Republic of Armenia and under which the assistance may be given by FAO and utilized by the Government.

Article 1

Scope of this Basic Agreement

This Basic Agreement embodies the basic terms and conditions under which FAO shall assist the Government in implementing its projects. It shall apply to Technical Cooperation Programmes (TCP), Government Cooperative Programmes (GCP) and other instruments (hereinafter jointly referred to as “Project Documents”) as the Parties may conclude to define the particulars of such projects in more detail. Any Project Document concluded under this Basic Agreement shall not create other obligations under international law for the Government and FAO and shall not contradict the basic terms and conditions of this Basic Agreement.

Article 2

FAO Representation

1. FAO may maintain a Representation in the Republic of Armenia. FAO may, with the agreement of the Government, also establish and maintain additional offices to facilitate the implementation of any of its projects or operations carried out under this Basic Agreement.

2. The FAO Representation will undertake its operations in accordance with its mandate and the operational requirements of the projects implemented in the Republic of Armenia, including the establishment and maintenance of relations between FAO and other governmental or non-governmental organizations operating in the country.

3. FAO may assign to the Republic of Armenia such officials or other personnel as FAO deems necessary to fulfil its obligations in the implementation of its activities within the Republic of Armenia.

4. Terms and conditions of employment for Armenian nationals locally recruited and paid on an hourly basis shall be in accordance with the relevant resolutions, regulations, rules of FAO, the legislation of the Republic of Armenia and the Convention.

Article 3

Assistance Requests and Project Documents

1. The Government may request assistance in the form of technical cooperation from FAO or other areas under the mandate of FAO for implementing various development and emergency projects aiming at increasing agricultural productivity and improving the food security, enhancing the safety and quality of food products, sustainable management of natural resources.

2. Any request for assistance shall normally be presented by the Government in the form indicated by FAO, through the FAO Representation in the Republic of Armenia.

3. The Government shall provide to FAO appropriate facilities and relevant information needed for assessing the Government request for assistance.

4. Upon approval by FAO, FAO shall provide to the Government a detailed Project Document for such assistance.

5. The achievement of the objectives set by the Project Document shall be the joint responsibility of the Government and FAO.

Article 4

Assistance from Other Sources

In the event that assistance towards the execution of the project is obtained by the Government from sources other than FAO, the Parties shall consult each other with a view to effective co-ordination of assistance from FAO and other sources.

Article 5

Government Obligations

1. The Government shall take all necessary measures to facilitate the execution of the project and to assist the FAO staff in obtaining such services and facilities as they may require to fulfil their tasks. The Government shall apply to FAO, its property, funds and assets, its officials and to the persons performing services on its behalf in connection with the project: (i) the provisions of the Convention; and (ii) the United Nations currency exchange rate.

2. The Government shall deal with any claims brought by third parties against FAO, its personnel or other persons performing services on its behalf in connection with the project, except when it is agreed by FAO and the Government that such claims arise from gross negligence or willful misconduct of such persons.

3. The Government shall be responsible for the recruitment, salaries and social security measures of the staff assigned by the Government to the project. The Government shall also provide as and when required for the project, the facilities and supplies indicated in the Project Document.

4. The Government shall grant to the staff of FAO and to persons acting on their behalf, access to the project site and to any material or documentation relating to a project and shall provide any relevant information to such staff or persons.

5. The Government shall facilitate the entry of FAO personnel, international experts and other persons acting on behalf of FAO to the Republic of Armenia, including the prompt issuance, free of charge, of any visas or permits required.

6. The Government shall be responsible for the cost of import and customs clearance of the project equipment, its transportation, handling, storage and related expenses within the country; its insurance, safe custody, and maintenance, after delivery to the project site, as well as replacement if necessary.

7. The Government shall grant free of charge to FAO, and FAO shall accept for the use of premises, installations, office furniture and other facilities suitable for the operations of the FAO Representation, as indicated in the Annex, which forms an integral part of this Basic Agreement.

Article 6

FAO Obligations

1. FAO shall be responsible for the recruitment, international travel, salaries and emoluments of the international personnel scheduled in the Project Document. The candidatures of these international staff shall be submitted to the Government for clearance following FAO’s procedures. FAO shall also be responsible for the recruitment, salaries and emoluments of the national experts, consultants and personnel as scheduled in the Project Document, except for staff assigned by the Government in accordance with Article 5, paragraph 3 of this Basic Agreement.

2. FAO will procure, in accordance with its rules and regulations, the equipment and supplies described in the Project Document. The equipment will remain the property of FAO for the duration of the project. Its ultimate destination shall be decided by FAO in consultation with the Government.

3. FAO will arrange for periodic technical supervisory, support or review missions to the project, with the full costs to be financed from a project budget.

4. All FAO's obligations arising under this Basic Agreement shall be subject to:

 (i) the decisions of FAO Governing Bodies and FAO constitutional, financial and budgetary provisions; and

 (ii) the receipt of the necessary contributions.

5. In the performance of their duties, FAO officials and experts on mission shall act in close consultation with the Government and with persons or bodies designated by the Government. They shall comply with Government requirements as may be appropriate to the nature of their duties and the services to be given and as may be mutually agreed upon between FAO and the Government.

6. All financial accounts and statements shall be expressed in United States Dollars and shall be subject exclusively to the internal and external auditing procedures laid down in the Financial Regulations, Rules and Directives of FAO.

7. FAO may, in consultation with the Government, execute part or all of the project by subcontract. The selection of the subcontractors shall be made, after consultation with the Government, in accordance with FAO's procedures.

Article 7

Execution of Projects

1. FAO will report to the Government as scheduled in the Project Documents.

2. The Government shall agree to the dissemination of information, such as descriptions of a project and of its objectives and results, for the purpose of educating public opinion.

3. Project Documents may be subject to independent evaluation according to the arrangements agreed to between the Government and FAO. The evaluation report will be treated as confidential with restricted access by parties not directly involved in a project. However, FAO is authorized to prepare a brief summary of the report for the purpose of disseminating broadly its main findings, issues, lessons and recommendations as well as to make judicious use of the report as an input to evaluation synthesis studies.

4. General principles of international law shall be applicable for the Project Documents, to the exclusion of the application of the national legislation.

5. Nothing in or related to any provision in Project Documents shall be deemed as a waiver of the privileges and immunities of FAO.

6. FAO, its officers and experts shall co-operate at all times with the appropriate authorities of the Republic of Armenia to facilitate the proper administration of justice, to secure the observance of the laws of the Republic of Armenia and to prevent the occurrence of any abuses in connection with the privileges and immunities accorded by this Article.

Article 8

Settlement of Disputes

Any dispute between FAO and the Government concerning the interpretation or application of this Basic Agreement or any Supplemental Agreements, or any question affecting the FAO Representation, the relationship between FAO and the Government or any Project Document which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to a tribunal of three arbitrators: one to be chosen by the FAO Director-General, one to be chosen by the Government and the third, who shall be Chairman of the tribunal, to be chosen by the first two arbitrators. Should the first two arbitrators fail to agree upon the third, such third arbitrator shall be chosen by the President of the International Court of Justice of the United Nations.

Article 9

Final Provisions

1. This Basic Agreement shall enter into force on the day of the receipt by FAO the notification of the Government on the fulfillment of the internal procedures necessary for its entry into force.

2. This Basic Agreement may be amended by written agreement between the Parties. Such amendments shall constitute an integral part of this Basic Agreement and shall enter into force in the manner prescribed in paragraph 1 of this Article.

3. This Basic Agreement shall remain in force for a period of five years as from the date of its entry into force. After this period, this Basic Agreement shall automatically be extended for subsequent periods of five years, unless one of the Parties notifies the other Party of its intention to terminate it six months before the expiry of the respective period. Termination of this Basic Agreement shall not preclude the complete fulfillment of any ongoing projects being implemented under Project Documents entered into by virtue of this Basic Agreement.

Done at Rome on 25.10. 2017 and at Yerevan 17 on October, 2017 in two originals, in the Armenian and English languages. In case of divergence between the Armenian and English texts, the English text shall prevail.

ANNEX

CONTRIBUTION OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA TO THE FAO REPRESENTATION

1) The Ministry of Agriculture shall:

1. Provide three offices fully furnished with basic equipment to be utilized by the FAO Representative, National Officer nominated by FAO and a Secretary recruited locally by FAO;

2. Cover all operational costs for the FAO Representation, including the expenses for electricity, heating, water, petrol and maintenance for the vehicle and communication (telephone, fax, internet and e-mail connection);

3. Provide part time secretarial support.

2) The Food and Agricultural Organization of the United Nations shall:

1. Provide two computers and a printer with standard hardware and software configuration;

2. Provide a vehicle according to FAO standards to be used by the FAO Representation in the country;

3. Establish a post of National Professional Officer with the title of Assistant FAO Representative (Programme) which will be filled in accordance with FAO selection procedures.