Agreement, dated this 4th day of May, 1966 between the Governments of Australia, Canada, Denmark, Japan, Laos, the Netherlands, New Zealand, Thailand and the United States of America and the International Bank for Reconstruction and Development (the Bank).
Whereas the Committee for Coordination of Investigations of the Lower Mekong Basin (Cambodia, Laos, Thailand and the Republic of Vietnam) (hereinafter called the Mekong Committee) operating under the aegis of the United Nations Economic Commission for Asia and the Far East has been conducting a program of surveys of the Lower Mekong Basin in the riparian countries and in the course of such program it has been recognized that the Nam Ngum River in Laos, one of the tributaries of the Mekong, can be developed;
Whereas a feasibility study of the development of the Nam Ngum valley in Laos, including the construction of a multi-purpose dam, has been financed by the United Nations Special Fund and by the Government of Japan under its bilateral aid to Laos and has been carried out within the framework of investigations undertaken by the Mekong Committee;
Whereas the Mekong Committee has recommended the early construction of the Nam Ngum hydro-electric Project as an integral component of the comprehensive development of the Lower Mekong Basin;
Whereas Laos and Thailand have agreed to make arrangements for the inter-connection of the high tension electrical transmission networks of the two countries, initially by means of the construction and operation of a transmission line which would cross their common boundary on the Mekong River;
Whereas the United Nations and the Mekong Committee have sought contributions to the financing of the cost of the Nam Ngum hydroelectric Project;
Whereas the Government of Japan has agreed to finance the detailed design of the Project under its bilateral aid to Laos;
Whereas the Governments of Australia, Canada, Denmark, Japan, the Netherlands, New Zealand and the United States of America have agreed to provide funds, as a grant, for the Project up to twenty-two million eight hundred and fifteen thousand U.S. dollars equivalent and, together with the Governments of Laos and Thailand and the United Nations, have invited the Bank, and the Bank has agreed, to administer the funds so provided; and
Whereas Thailand has agreed to supply to Laos cement for the said project for a value equivalent to one million U.S. dollars in exchange for power from the Project;
(a) Thailand shall cause Part B of the Project to be carried out with due diligence and efficiency and in accordance with sound engineering and financial practices.
(b) Thailand shall, at its own expense and promptly as needed, obtain and make available all land and interests in land required for the carrying out of Part B of the Project.
(c) Subject to the provisions of Section 4.02 (ii), all goods required for Part B of the Project shall be procured on the basis of international competition pursuant to arrangements acceptable to the Administrator, except as the Administrator shall otherwise determine on grounds of appropriateness, efficiency, expedition or economy, after consultation with Thailand.
Section 7.02. Thailand shall cause all goods financed out of monies disbursed to it or on its request from the Fund to be used exclusively in the carrying out of Part B of the Project, except as the Administrator may otherwise agree in respect of goods no longer required for Part B of the Project.
Section 7.03. To the extent that Thailand or any agency thereof shall be responsible therefor:
(a) Thailand shall furnish or cause to be furnished to the Administor, promptly upon their preparation, draft contracts, plans and specifications, cost estimates, plans of construction and construction schedules for Part B of the Project, and any material modification made therein, in such detail as the Administrator shall from time to time request. The Administrator, after consultation with Thailand, may request that modifications shall be made in any of the foregoing and Thailand shall cause any such requests issued by the Administrator in respect thereof to be promptly complied with. Such requests may be issued directly by the Administrator to consultants or contractors employed by Thailand for Part B of the Project whenever the Administrator, after consultation with Thailand, determines that special circumstances make such procedure necessary or desirable for the efficient carrying out of Part B of the Project, and all contracts shall contain appropriate provisions requiring such consultants or contractors to comply with any such request of the Administrator as if issued by Thailand itself;
(b) Thailand shall maintain or cause to be maintained, in a manner satisfactory to the Administrator, records adequate to identify the goods financed out of monies disbursed from the Fund to it or for its account, to disclose the use thereof in Part B of the Project, to record the progress of Part B of the Project (including the cost thereof) and to reflect in accordance with consistently maintained sound accounting practices the receipt and disposition of monies disbursed by the Fund to it or for its account; shall enable the Administrator's representatives to inspect Part B of the Project, the goods used or acquired for said Part B, and any relevant records and documents and to visit any part of the territories of Thailand for any purpose related to Part B of the Project or the Fund; and shall furnish or cause to be furnished to the Administrator all such information as the Administrator shall reasonably request concerning the expenditure of the monies disbursed by the Fund or Part B of the Project.
Section 7.04.
(a) Thailand and the Administrator shall cooperate fully to assure that the purposes of this Agreement will be accomplished. To that end, each of them shall furnish to the other all such information as it shall reasonably request with regard to the general status of Part B of the Project.
(b) Thailand and the Administrator shall from time to time exchange views through their representatives with regard to matters relating to the purposes of this Agreement. Thailand shall promptly inform the Administration of any condition which interferes with, or threatens to interfere with, the accomplishment of the purposes of this Agreement.
Section 7.05. The Administrator may enter into such agreements or arrangements with Thailand, or any agency or authority designated by Thailand for this purpose, as it shall deem desirable for implementing the terms and purposes of this Agreement. Thailand hereby agrees to perform its obligations and to cause any such agency or authority, to perform its obligations under any such agreements or arrangements.
Section 7.06. Except as the Administrator shall otherwise agree, Thailand shall make and maintain arrangements, satisfactory to the Administrator: (i) to ensure that custom duties, sales and excise taxes and all other taxes and duties on the importation, acquisition, purchase, sale, furnishing, use, consumption and ownership of goods and other property or services necessary or desirable for the purpose of carrying out Part B of the Project levied by or in Thailand shall be reimbursed by Thailand to the Fund or as directed by the Administrator; and (ii) to reimburse non-Thai contractors, suppliers, consultants and other companies, firms and entities, furnishing or supplying property or services for the purposes of Part B of the Project, for any income and similar taxes levied by or in Thailand on their own income and receipts and on the income of their non-Thai employees.
Section 7.07. Thailand agrees to cooperate with Laos and with the Administrator in carrying out the Project, and in particular will facilitate the transport and movement through its territories of persons, equipment, materials and supplies in connection with the construction of the Project.
Inhoudsopgave
Nam Ngum Development Fund Agreement, 1966
Article I. Definitions
Article II. Establishment of Nam Ngum Development Fund
Article III. Contributions to Fund
Article IV. Disbursements from Fund
Article V. Applications for Disbursement
Article VI. Undertakings of Laos
Article VII. Undertakings of Thailand
Article VIII. The Administrator
Article IX. Consultation and Termination
Article X. Settlement of Disputes
Article XI. Additional Parties and Contributions
Article XII. Notices and Requests
Article XIII. Signature and Entry into Force
Article XIV. Title
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