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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on May 19, 2011; Entered into Force on May 19, 2011.
 
The Government of the Republic of China (Taiwan) 【 hereinafter
referred to as “ ROC (Taiwan) ”】 and the Government of
Kiribati (hereinafter referred to as “ Kiribati ”, and the two
countries jointly as “ the Parties ” ), desiring to further
strengthen their existing friendly relations through the
transfer of development experience and promoting technical
cooperation between the two countries, therefore to renew the
Agreement on Agricultural Technical Cooperation signed in Taipei
on 10 February 2004, have agreed through their respective
representatives upon the following articles:

Article 1
ROC (Taiwan), through the International Cooperation and
Development Fund (ICDF), has dispatched ROC (Taiwan) Technical
Mission (hereinafter referred to as “ TTM ” )to South Tarawa
since January 2004, including a Chief of the Mission and the
specialists concerned to implement the following activities:
a) Carry out demonstration and extension projects on cultivation
and improvement of crop varieties;
b) Provide improved techniques in livestock farm administration
and management;
c) Provide improved techniques of aquaculture, training,
administration and management, including the introduction of
milkfish hatchery technique and introduction of new species
for fish farming;
d) Improve quarantine techniques to control diseases related to
livestock and other introduced species of plants;
e) Improve feed formulation for livestock and fish-farming;
f) Train I-Kiribati farmers in methods to improve their soil
through the application of organic manure farming;
g) Assist I-Kiribati farmers to establish their home gardens;
h) Provide improved techniques of integrated farming;
i) Organize various training workshops for local (include from
outer islands) farmers and fishermen;
j) Collaborate with the related Ministries in Kiribati in
identifying suitable personnel to undertake appropriate
training courses in ROC (Taiwan) in due time;
k) Provide capacity building, training attachment and
technological transfer to agricultural and Eco Farm staff in
the area of artificial insemination for pigs, crop husbandry
and other related agricultural and integrated Farming needs.

Article 2
a) Kiribati shall continuously provide TTM with the land at
Temaiku Suburb in Tarawa about 2 hectares, which is used for
TTM ’ s headquarters, dormitory for TTM members and as a
demonstration farm for horticulture and livestock projects.
Kiribati shall also continue to provide the land and the
ponds for Aquaculture Station in Ambo;
b) In support for Eco- farming sector, Kiribati will further
provides Land space within the Eco Farm at Temaiku for
Integrated Farming.

Article 3
ROC (Taiwan) agrees to:
a) Provide appropriately qualified personnel for TTM and
appropriate from the grant of ROC (Taiwan) to Kiribati a sum
of AUD 800,000.00 per year to ICDF to support the projects of
TTM in Kiribati. If it can not meet the need for projects,
ROC (Taiwan) shall make up for the balance;
b) Pay the costs of transportation to and from Kiribati, the
stipends and living expenses, and accident and health
insurance of all TTM members during the period of their
service in Kiribati;
c) Pay all expenses arising from administration of TTM,
including the operational costs of the demonstration farm
including the costs of utilities, and maintenance and repair
of facilities unless other wise stated elsewhere in this
Agreement;
d) Supply TTM with vehicles and equipment necessary for its
work;
e) Supply TTM with feed, tools, seeds, and other materials
necessary for the implementation of the program;
f) Take every precaution to ensure that any introduced species
of plant, animal or fish will not pose a threat to the
existing biodiversity of Kiribati. In the event that such a
threat arises following the introduction of a species of
plant, animal or fish, the Parties will use every endeavour
to cooperate in the eradication of that threat.

Article 4
Kiribati agrees to:
a) Issue employment permits to TTM members as required by law;
b) Provide TTM with suitable office facilities and suitable
housing facilities including water and electricity supply;
c) Offer special consideration regarding the personal safety and
security of TTM members and ensure access to medical services
through public clinics or hospitals;
d) Grant privileges and exemptions no less favourable than those
granted to other foreign experts and their dependents under
similar technical cooperation agreements with Kiribati.

Article 5
a) All produce of the demonstration, livestock and aquaculture
farms, except the portion required for personal consumption
by TTM members, and for the use of seeds and specimens, shall
be agreed by the Government of Kiribati for sale to the
general public. Funds generated from the sale could be
deposited in a “ Revolving Fund ” to be managed jointly by
Kiribati and TTM. These funds will be used preferentially in
the development of aquaculture, livestock and agricultural
projects under this technical cooperation program or shall be
donated to schools, NGOs or disadvantaged social groups in
Kiribati;
b) All data and information gathered from TTM will be provided
to Kiribati. The intellectual property rights from the
activities of TTM shall vest jointly in the Parties. Either
of the Parties may not exploit them commercially without the
consent of the other Party;
c) TTM Members shall comply with all relevant laws of Kiribati;
d) Machinery, equipment and other materials imported necessarily
for TTM to carry out the cooperation program should be
purchased preferentially from ROC (Taiwan);
e) For the purpose of fulfilling its obligations, TTM may
recruit local engaged staff to assist TTM staff and to ensure
that the recruitment is consistent with relevant laws;
f) Employment contract used for the local staff shall not be
less favourable than those used for the same positions within
the government.

Article 6
Kiribati shall provide TTM with appropriate local counterparts
from the related Ministries to facilitate the technical
transfer.

Article 7
TTM shall cooperate closely with designated counterpart agencies
and organizations in each area of cooperation; and promote the
active participation of civil organizations in the related
activities.

Article 8
In the event any member of TTM is found unsuitable to continue
to perform his duty, ROC (Taiwan) shall have the right to recall
him from his post and arrange a replacement. All expenses
relating to the recall and replacement shall be met by ROC
(Taiwan).

Article 9
TTM members shall refrain from engaging in activities that are
not in conformity with the work of TTM specified in this
Agreement.

Article 10
Should any disputes arise concerning the activities of TTM, the
Parties shall undertake to use their best endeavours to resolve
such disputes amicably, in a spirit of goodwill. If necessary,
representations may be made on a government-to-government basis,
in the same spirit of goodwill.

Article 11
This Agreement shall enter into force on the date of signature
and remain in force until termination. It may be terminated by
either government with a ninety days prior written notice.

Done in duplicate in the Chinese and English languages, both
texts being equally authentic, at Tarawa, the capital of the
Republic of Kiribati, on the 19th day of the 5th month of the
100th year of the Republic of China (Taiwan), corresponding to
the 19th day of the 5th month of the year 2011 in the Gregorian
calendar.

For the Government of For the Government of
the Republic of China the Republic of Kiribati
(Taiwan) H.E.Anote Tong
H.E. Benjamin T. H. Ho President & Minister
Ambassador to the of Foreign Affairs &
Republic of Kiribati Immigration the
Republic of Kiribati
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