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全國法規資料庫

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1.Signed on January 13, 1999; Entered into force on September 19, 1998.

 
Article I
The COUNCIL OF AGRICULTURE of the Republic of China has agreed
and sent to Papua New Guinea an agricultural technical Mission (
hereinafter referred to as "the Mission") .

Article II.
The Department of Agriculture and Livestock of PNG shall collab-
orate with the Mission in the planning, implementation, monitor-
ing and evaiuation of the research and development programme to
ensure that the project is consistent with government policy on
food sector development.

Article III
The Department of Agriculture and Livestock of PNG shall collab-
orate with the Mission in the selection of model farmers and si-
tes for the development of model farmers.

Article IV
All agricultural produce raised by the model farmers, except for
the purpose of Mission's own consumption or for the use of seeds
and specimens, shall be handed over to the model farmers for di-
sposal.

Article V
The Council of Agricuiture of the Republic of China agrees:
(1) To defray the travelling cost of the members of the Mission
to and fiom the project site in Papua New Guinea and pay th-
eir remuneration and regional allowances during the period
of their service in Papua New Guinea;
(2) To pay all the administrative expenses for the Mission exce-
pt as otherwise stated in this agreement;
(3) To be responsible for all the insurance for the members of
the Mission;
(4) To provide the Mission with seeds, plant nursery, chemicals,
fertilizers, agricultural and irrigation machinery and impl-
ements and spare-parts made in the Republic of China or imp-
orted from the other countries.
(5) To pay the running expenses and the cost of maintenance of
the agriculture machinery and implements.
(6) To pay the cost of motor grease provided to the Mission by
the Department of Agriculture and Livestock of Papua New Gu-
inea specifred in subsection (1) of Article VI of this Agre-
ement;
(7) To pay salaries to the workers hired by the Mission in acco-
idance with the salary standard in Papua New Guinea;
(8) To ensure that the Mission will collaborate with the Depart-
ment of Agriculture and Livestock in the planning and imple-
mentation of the R&D programme in accordance with the gover-
nment policy on food sector development; and
(9) That the Mission will report to the Department of Agricultu-
re and Livestock on the progress of their work programme on
a quarterly and annual basis as a way of informing the two
governments on the progress of this collaborative programme.

Article VI
The Department of Agriculture and Livestock of Papua New Guinea
agrees:
(1) To provide suitable furnished office and dormitory with ade-
quate water and electricity supply for both the Mission and
its members; and also to pay the routine maintenance cost;
and to provide where possible motor grease and other materi-
als that may be needed from time to time .
(2) To grant duty free importation of vehicles and all items sp-
ecified in subsection (4) of Article V and to provide trans-
portation for the above-mentioned goods from harbour or air-
port to the project site;
(3) To provide necessary assistance for quarantine purposes to
the Mission, in the importation of items as specified in su-
bsection (4) of Article V above;
(4) To take every measure to enable the relevant personnel to p-
articipate in the work of the Mission, the number of person-
nel will be decided by both sides; and
(5) To appoint two liaison-officers in order to provide necessa-
ry assistance as required in the Bubia and the Laloki Agric-
ultural Experimental Stations.

Article VII
With regard to the members and dependants of the Mission, the D-
epartment of Agriculture and Livestock of Papua New Guinea unde-
rtakes :
(1) To arrange for medical services in Papua New Guinea at reas-
onable cost to members and the dependants of the Mission;
(2) To grant them, during their tenure of service, exemption fr-
om import duties and other duties and taxes on their person-
al household effects which are not allowed to be sold or ot-
herwise disposed of before the termination of their assignm-
ent;
(3) To grant them exemption from all taxes on their salaries, f-
ringe benefits and allowances paid to them by the Council of
Agriculture of the Republic of China;
(4) To arrange their visas, resident and employment permits in
accordance with local regulations;
(5) With respect to specific points not covered within the subs-
ection of this Article, to award to the members of the Miss-
ion the same privileges as would normally be enjoyed by the
Senior Civil Servants of comparable rank and seniority of t-
he Government of Papua New Guinea;
(6) To accord the right to conduct a "non-resident external acc-
ount" with a commercial bank in Papua New Guinea into which
all payments received from the Council of Agriculture of the
Republic of China, either stipends, emoluments or allowances
may be deposited, and the right to transfer to any country
outside of Papua New Guinea any balance in such an account
any time;
(7) To guarantee the same repatriation facilities in times of i-
nternational crisis for the Mission members as are enjoyed
by organization of comparable status; and
(8) To take all necessary measures during a crisis situation su-
ch as providing guards, rendering protective facilities, etc
., whenever the said situation becomes an eminent or potent-
ial threat to the life, security, chattels and effects of t-
he mission members and the dependants.

Article VIII
The Department of Agriculture and Livestock of Papua New Guinea
will bear all risks associated with the operation, will be resp-
onsible for dealing with any claim which may be brought up by t-
he third parties against either the Council of Agriculture of t-
he Republic of China, its executive authority of the Mission me-
mbers and will provide aforesaid with protection from damage in
case of any claim resulting from activities under the arrangeme-
nts unless where it is mutually agreed by the parties of this A-
greement that such claim arises from gross negligence or willful
misconduct.

Article IX
If any member of the Mission is no longer suitable in performing
his duty, the Council of Agriculture of the Republic of China h-
as the right to recall him and replace him with another special-
ist and pay his travelling cost.

Article X
The members of the Mission shall not undertake any other activi-
ties that are not in conformity with the duty as specified in A-
rticle I.

Article XI
This Agreement shall remain valid for a period of three years r-
etroactively from September 19, 1998 to September 18, 2001. Eit-
her government may terminate it ninety (90) days after notice i-
n writing has been given to the other government.

Article XII
IN WITNESS WHEREOF, the undersigned being duly authorized by th-
eir respective governments, have signed duplicate copies of the
Agreement in the English language.

Done at Taipei this thirteenth day of the first month of the Ei-
ghty-eighth year of the Republic of China, corresponding to the
thirteenth day of January of the year one thousand nine hundred
and ninety-nine.

FOR THE COUNCIL OF AGRICULTURE FOR THE DEPARTMENT OF
THE REPUBLIC OF CHINA AGRICULTURE AND LTVESTOCK
OF PAPUA NEW GUINEA

PENG TSO-KUEI HON.TUKAPI MASANI, MP,
Chairman Minister
Council of Agriculture Department of Agriculture
and Livestock
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