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法規名稱: AGREEMENT ON AGRICULTURAL TECHNICAL COOPERATION BETWEEN THE REPUBLIC OF CHINA AND THE REPUBLIC OF KIRIBATI
簽訂日期: 民國 93 年 02 月 10 日
終止日期: 民國 95 年 02 月 10 日
沿革:
1.Signed on February 10, 2004; Entered into force on February 10, 2004.

 
AGREEMENT ON AGRICULTURAL TECHNICAL COOPERATION BETWEEN THE REP-
UBLIC OF CHINA AND THE REPUBLIC OF KIRIBATI

The Government of the Republic of China (Taiwan) (hereinafter
referred to as "the ROC/Taiwan") and the Government of Kiribati
(hereinafter referred to as "Kiribati", and the two countries
jointly as "the Contracting Parties"), desiring to further stre-
ngthen their existing friendly relations through the transfer of
development experience and promoting agricultural technical coo-
peration between their two countries, and recalling the Memoran-
dum of Understanding for the Implementation of Agricultural Tec-
hnical Cooperation signed at Tarawa on 9 January 2004, have agr-
eed through their respective representatives upon the following
articles:

Article 1
ROC/Taiwan agrees to dispatch to Kiribati a Technical Mission (
hereinafter referred to as "the Mission"), comprising of longte-
rm and short-term experts, including a Chief of the Mission, to
implement the following activities, in accordance with prioriti-
es agreed by the Contracting Parties: a) Carry out demonstration
and extension projects on cultivation and improvement of crop
varieties (vegetable and fruit); b) Provide improved techniques
in livestock (chicken and pig) farm administration and manageme-
nt; c) Improve quarantine techniques to control diseases related
to livestock and other newly introduced species of plants; d)
Provide improved techniques of aquaculture farm administration
and management, including the introduction of milkfish hatchery
technique and introduction of new species for fish farming (i.e.
blue and other shrimps, and red tilapia - Oreochromis Nirotica)
;e) Improve feed formulation for livestock and fish-farming; f)
Train I-Kiribati farmers in methods to improve their soil throu-
gh the application of organic manure for fruit and vegetable fa-
rming; g) Assist farmers in Kiribati to establish a "Production
and Marketing Team" for vegetable and fruit production; h) Orga-
nize various training programs or courses for local farmers and
fishermen; and i) Collaborate with Kiribati in identifying suit-
able personnel to undertake appropriate training courses in ROC/
Taiwan from time to time.

Article 2
Kiribati shall make available to the Mission suitable land at
Tarawa about 1 to 2 hectares, which shall be used for the Missi-
on's headquarters and dormitory for its technical experts and as
a demonstration farm for vegetables and fruits.

Article 3
a) All produce of the demonstration and livestock and aquacultu-
re farms, except the portion required for personal consumpti-
on by members of the Mission, and for the use of seeds and
specimens, shall be handed over to Kiribati who will determi-
ne how these will be used. Kiribati may, however, consider
agreeing to the use of farm produce, including feed, fertili-
zer, etc., for distribution to local farmers at minimal cost
or 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 the Mission. These funds will be used
in the development of aquaculture and agricultural project
farms under this technical cooperation program. b) All data
and information gathered from the activities of the Mission
will be provided to Kiribati, and intellectual property in
any discoveries made as a consequence of the activities of
the Mission shall vest jointly in the Contracting Parties.
Either of the Contracting Party may not exploit commercially
any data or information gathered, or any discovery made, as
a consequence of the activities of the Mission without the
agreement of the other Contracting Party.

Article 4
ROC/Taiwan agrees to:
a) Provide appropriately qualified personnel for the Mission,
all of whom will be fluent in the English language; b) Pay
the costs of transportation to and from Kiribati, the stipen-
ds and living expenses, and accident and health insurance of
all members of the Mission during the period of their service
in Kiribati; c) Pay all expenses arising from administration
of the Mission, including the operational costs of the demon-
stration farm including the costs of utilities, and maintena-
nce and repair of facilities unless otherwise stated elsewhe-
re in this Agreement; d) Supply the Mission with vehicles for
the implementation of the Agreement; e) Supply the Mission
with feed, farming machinery, tools, seeds, fertilizers, pes-
ticides, and other materials and equipment as may be required
to ensure the successful 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 exist-
ing biodiversity of Kiribati. In the event that such a threat
arises following the introduction of a species of plant, ani-
mal or fish, the Contracting Parties will use every endeavour
to cooperate in the eradication of that threat; and g) Comply
with all relevant laws of Kiribati.

Article 5
Kiribati agrees to:
a) Provide the Mission and its members with suitable office fac-
ilities and suitable housing facilities including water and ele-
ctricity supply, and to be responsible for the routine maintena-
nce and repair of such facilities; b) Exempt expatriate members
of the Mission from income tax and other taxes on their salary
and allowances, whether paid in cash or in kind; c) Exempt expa-
triate members of the Mission from import duties, port tax, and
any other tax or government charges on household effects and ot-
her articles for their personal use and consumption brought into
Kiribati; d) Exempt expatriate members of the Mission from impo-
rt duties, port tax, and any other tax or government charges on
motor vehicles, other equipment, machinery, and other materials
necessary for the Mission to carry out its work; e) If the items
imported duty-free in accordance with paragraphs (c) and (d) of
this Article are used for any purpose other than for the reason
described the duty, taxes and charges previously exempted will
become due and payable by the Mission immediately, unless such
other purpose has been approved in writing by the Comptroller of
Customs; and f) Offer special consideration regarding the perso-
nal safety and security of members of the Mission; g) Obtain all
development consents required by law for the activities of the
Mission, with the financial assistance, where available, of the
ROC/Taiwan.

Article 6
For all expatriate members of the Mission and their dependents,
Kiribati undertakes to:
a) Ensure access to medical services through public clinics or
hospitals in accordance with existing Government policies;
b) Facilitate the issuance of visas, residence and work permits
as may be required by law; and
c) 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 7
Kiribati shall provide the Mission with appropriate counterparts
and local technical and/or administrative personnel.

Article 8
The Mission shall cooperate closely with designated counterpart
agencies and organizations in each area of cooperation; and pro-
mote the active participation of civil society in its various
activities.

Article 9
In the event any member of the Mission 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/Taiw-
an.

Article 10
Members of the Mission shall refrain from engaging in activities
that are inconsistent with the role of the Mission specified in
Article 1.

Article 11
Should any dispute arise concerning the activities of the Missi-
on, the Contracting Parties undertake to use their best endeavo-
urs to resolve such disputes amicably, in a spirit of goodwill.
If necessary, representations may be made on a government-to-go-
vernment basis, in the same spirit of goodwill.

Article 12
This Agreement shall enter into force on the date of signature
by duly authorized representatives of the Contracting Parties,
and shall remain valid for a period of three years. It may be
renewed upon such terms and conditions as may be agreed by the
Contracting Parties through an Exchange of Notes.

This Agreement may be amended by mutual consent between the Con-
tracting Parties through an exchange of notes. Termination may
be effected by either Contracting Party giving written notice to
the other Party at least six months prior to the intended date
of termination.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto by
their respective Governments, have signed this Agreement on the
tenth day of February in the Ninety-three Year of ROC/Taiwan,
corresponding to the tenth day of February of two thousand and
four.

DONE in English language.