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) Laos shall cause the Project to be carried out with due diligence and efficiency and in conformity with sound engineering and financial practices and shall accord first priority, in its development program, to the Project.
(b) To assist it in the carrying out of the Project, Laos shall employ or cause to be employed qualified and experienced consultants acceptable to the Administrator to an extent and on terms and conditions satisfactory to the Administrator.
(c) Laos shall, at its own expense and promptly as needed: (i) obtain and make available all land and interests in land required for the carrying out or operation of the Project and (ii) make all necessary arrangements for the resettlement of persons living in the Project area.
(d) Subject to the provisions of Section 4.02 (ii), all goods required for 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 Laos.
Section 6.02. Laos shall cause all goods financed out of monies disbursed by the Fund to be used exclusively in the carrying out of the Project, except as the Administrator may otherwise agree in respect of goods no longer required for the Project.
Section 6.03.
(a) Loas shall furnish or cause to be furnished to the Administrator, promptly upon their preparation, draft contracts, plans and specifications, cost estimates, plans of construction and construction schedules for the Project, and any material modifications subsequently made therein, in such detail as the Administrator shall from time to time request. The Administrator, after consultation with Laos, may request that modifications shall be made in any of the foregoing and Laos 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 Laos for the Project whenever the Administrator, after consultation with Laos, determines that special circumstances make such procedure necessary or desirable for the efficient carrying out 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 Laos itself.
(b) Laos 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 by the Fund, to disclose the use thereof in the Project, to record the progress of the Project (including the cost thereof) and to reflect in accordance with consistently maintained sound accounting practices the receipt and disposition of the monies disbursed by the Fund to it or for its account; shall enable the Administrator's representatives to inspect the Project, the goods used or acquired for the Project, and any relevant records and documents and to visit any part of the territories of Laos for any purpose related to 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, the Project, and the operations and administration of the agency or agencies of Laos responsible for the construction of the Project.
Section 6.04.
(a) Laos 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 the Project.
(b) Laos and the Administrator shall from time to time exchange views through their representatives with regard to matters relating to the purposes of this Agreement. Laos shall promptly inform the Administrator of any condition which interferes with, or threatens to interfere with, the accomplishment of the purposes of this Agreement.
Section 6.05. The Administrator may enter into such agreements or arrangements with Laos, or any agency designated by Laos for this purpose, as it shall deem desirable for implementing the terms and purposes of this Agreement. Laos hereby agrees to perform its obligations and cause such agency to perform its obligations under any such agreements or arrangements.
Section 6.06.
(a) Except as the Administrator shall otherwise agree, Laos shall make and maintain arrangements, satisfactory to the Administrator: (i) to ensure that the importation, acquisition, purchase, felling, extraction, sale, furbishing, use, consumption and ownership of goods and other property or services necessary or desirable for the purposes of carrying out the Project shall be exempt from customs duties, sales and excise taxes, and all other taxes and duties; and (ii) to exempt from income and similar taxes income and receipts of non-Laotian contractors, suppliers, consultants and other companies, firms and entities, furnishing or supplying property or services for the purposes of the Project, and of their non-Laotian employees.
(b) The application of specific exemptions under sub-section (a) of this Section 6.06 to any person, company, firm or entity shall be set forth in the contractual arrangements between Laos and such person, company, firm or entity or in arrangements made between Laos and the Administrator for that purpose.
Section 6.07. Since Part B of the Project will not be in the territory of Laos, it is understood and agreed that the undertakings and responsibilities of Laos shall not extend to said Part B of the Project except to the extent required to assure the proper coordination with the other parts of the Project.
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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