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

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1.Signed on July 27, 2016 Entered into force on July 27, 2016
 
Preamble

Whereas the Republic of China (Taiwan) has an advanced health
system in the field of maternal and infant health care services;

Whereas the Republic of China (Taiwan) is willing to assist the
Ministry of Health of the Kingdom of Swaziland (hereinafter
referred to as “ MOH ” )to improve its capacity and delivery
in the field of maternal and infant health care services;

Whereas the MOH is willing to accept the assistance offered by
the Republic of China (Taiwan) in the field of maternal and
infant health care services;

Whereas the Government of the Republic of China (Taiwan) and the
Government of the Kingdom of Swaziland (hereinafter referred to
as “ the Parties ” )desire to cooperate and jointly implement
a Maternal and Infant Health Care Improvement Project
(hereinafter to as “ the Project ” )with a view to improving
the maternal and infant health care system and increasing the
accessibility of maternal and infant care services to the
Kingdom of Swaziland;

The Parties have agreed as follows:

Article 1
Objective
The primary objective of this Agreement is to assist the
Government of the Kingdom of Swaziland in increasing the
accessibility of maternal and infant health care services.

Article 2
Project Implementation
The Parties agree to implement the Project according to its
Project proposal, wherein the specific content of the project
proposal shall be determined in writing by the Parties.

Article 3
Project Budget
The total budget for this Project will be US$1,459,421, of which
US$1,349,421 shall be provided by the Government of the Republic
of China (Taiwan) through the International Cooperation and
Development Fund (hereinafter referred to as the “ TaiwanICDF
” ), and with the remainder of US$110,000 being matching grants
provided by the Government of the Kingdom of Swaziland through
its Ministry of Health.

Article 4
Project Account
1 The MOH, through the approval of the Ministry of Finance of
the Kingdom of Swaziland, shall establish a designated account
at a commercial bank in the Kingdom of Swaziland for the
Project (hereinafter referred to as the “ Account ” ),
thereby allowing funds to be transferred to implement this
Project.
2 The Parties shall respectively designate a Project Manager
(ROC Project Manager) and a Project Coordinator (Swazi Project
Coordinator) to open and manage the Account, and to close the
Account after the termination of the Project.
3 During project implementation the TaiwanICDF will, in
accordance with quarterly project implementation reports and
requests for disbursement submitted by the MOH and following
the receipt and review of the accuracy of such quarterly
operational and financial reports by the ROC Project Manager,
transfer funds to the Account.
4 Any expenditure withdrawn from the Account shall be agreed and
signed in relevant documents by both the ROC Project Manager
and the Swazi Project Coordinator beforehand.
5 Any funds remaining in the Account upon the termination of the
Project shall be returned to the Government of the Republic of
China (Taiwan).

Article 5
Obligations of the Government of the Republic of China (Taiwan)
1 In accordance with the project proposal agreed by the Parties,
the Republic of China (Taiwan) will allocate a budget of
US$1,349,421 for the project period.
2 The foregoing budget will include the salary, medical care,
insurance, round-trip flight tickets, welfare, retirement
compensation, official vehicles, and ICT equipment etc., for
the ROC Project Manager, and the expenses associated with the
tasks carried out by several short-term consultants from the
Republic of China (Taiwan) during project implementation, and
other operations-related expenses falling under the
administration of the Government of the Republic of China
(Taiwan).
3 Appoint the ROC Project Manager as a counterpart to
collaborate with the Swazi Project Coordinator and cooperate
on, coordinate and manage the implementation of the Project,
as well as transfer Project techniques to the MOH, and the
Project ’ s participating public health personnel, and also
dispatch short-term experts to provide consultancy services
and technical assistance as required for the Project in
accordance with the needs of its various stages.
4 In accordance with the project design and schedule jointly
planned by the Parties, the ROC Project Manager will assist
the Government of the Kingdom of Swaziland in the:
i) Capacity building among personnel at health care units;
ii) Upgrading of the functions of health care units.
5 The Embassy of the Republic of China (Taiwan) in the Kingdom
of Swaziland will be responsible for overseeing the Project ’
s progress for the duration of project implementation.

Article 6
Obligations of the Government of the Kingdom of Swaziland
1 In accordance with the project proposal agreed by the Parties,
the Kingdom of Swaziland will allocate a budget of US$110,000
for the project period.
2 The MOH will be responsible for supervising, managing and
implementing the Project for the duration of project
implementation.
3 The MOH will appoint a Swazi Project Coordinator as a
counterpart to be responsible for planning, coordinating and
managing each of the Project ’ s work components in
cooperation with the ROC Project Manager so as to ensure the
promotion and implementation of the Project.
4 Designate suitable staff to be responsible for accounting and
cashier duties, as well as for providing organized quarterly
reports of fund utilization and a detail ledger of the
Account, including bank statements, for the confirmation of
the Parties.
5 In accordance with the progress of project implementation,
provide the Embassy of the Republic of China (Taiwan) in the
Kingdom of Swaziland and the TaiwanICDF with quarterly funding
statements, quarterly project reports, annual reports and a
completion report.
6 Agree to offer as a priority the official vehicles and ICT
equipment mentioned in the above Paragraph 2 of Article 5 to
other projects implemented by the Government of the Republic
of China (Taiwan) or the TaiwanICDF following the termination
of the Project.
7 Issue appropriate identification documents to the ROC Project
Manager, short-term experts, long-term experts, technical
staff and volunteers dispatched by the Republic of China
(Taiwan) (hereinafter referred to as the “ Project Personnel
” collectively) for project implementation.
8 Adopt appropriate measures to ensure the personal safety of,
and make emergency medical care and first aid readily
available to the Project Personnel.

Article 7
Exemptions and Courtesies
To implement the Project under the prevailing laws of Swaziland,
the Government of the Kingdom of Swaziland agrees to exempt
Project-related materials, equipment and supplies from customs
duties and other taxes and provide the Project Personnel and
their dependents the following benefits during their service in
Swaziland:
a) Exemption from all residential and local taxes, and income
tax on salaries;
b) Exemption from all importation and customs taxes and other
duties on personal and household goods imported from
overseas;
c) Exemption from all taxes and fees related to the use of
vehicles for the Project, including but not limited to fees
incurred in transferring the ownership of any such vehicle.
d) The facilitation of visa applications, entry into, departure
from and residence in Swaziland, and the issuance of
appropriate identification documents;
e) Other special privileges, conveniences and exemptions on
sales taxes and taxes incurred on any transfers of property,
just as Swaziland accords the staff members of specialized
agencies of the United Nations.

Article 8
Education and Scholarships
The Parties agree that the MOH, as needed, may recommend
project-related personnel, following the approval of the Embassy
of the Republic of China (Taiwan) in the Kingdom of Swaziland or
another authorized agency acting for the Government of the
Republic of China (Taiwan), to participate in short- and
long-term workshops and higher education scholarship programs
that are offered by TaiwanICDF, such that when this Project is
completed, they may continue to perform its operations.

Article 9
Entry into Force, Amendment and Extension
1 This Agreement shall enter into force on the date of signature
by the Parties and remain effective for three years. The
implementation period of the Project shall be according to its
work plan.
2 Any amendment to this Agreement may be implemented only by the
mutual written consent of the Parties.
3 Any extension to this Agreement may be implemented only by the
mutual written consent of the Parties.

Article 10
Termination
1 This Agreement may be terminated by either Party giving six
(6) months ’ written notice in advance to the other Party.
Upon such termination, no further funding will be defrayed and
the remaining budget will be returned to the Government of the
Republic of China (Taiwan) with immediate effect.
2 This Agreement may further be terminated in the event that:
i) Either of the Parties commits a breach of the terms and
conditions of this Agreement, and fails to remedy such breach
, within ninety (90) calendar days after receiving written
notice from the other Party to this Agreement.
ii) Impossibility of Performance due to unforeseeable
circumstances.
3 The termination of this Agreement, for whatever reason, shall
not affect the rights of either of the Parties that may have
accrued before the termination of this Agreement; or which
specifically or by their nature survives the termination of
this Agreement.

Article 11
Dispute Resolution
In case a dispute of interpretation or implementation of this
Agreement should arise, the Parties shall resolve the dispute
through compromise.

Article 12
Contact Points
The Parties elect the following addresses as their respective
contact points at which all notices and other communications
must be delivered for the purposes of this Agreement:
i) The Kingdom of Swaziland
Principal Secretary
Ministry of Health
2nd Floor , Ministry of Justice Building
P.O.Box 5
Mbabane H100
Tel: (00268) 24042431
Fax: (00268) 24047420
ii) The Republic of China (Taiwan)
The Ambassador
Embassy of the Republic of China (Taiwan)
Mahlokohla Street, Mbabane
P.O.Box 56
Mbabane H100
Tel: (00268) 24042379 24044740
Fax: (00268) 24046688

IN WITNESS WHEREOF, the undersigned, being duly authorized by
their respective Governments, have signed this Agreement.

Done in duplicate in the Chinese and English languages, both
texts being equally authentic, at Mbabane City on the 27th day
of the 7th month of the year of one hundred and fifth year of
the Republic of China (Taiwan), corresponding to the 27th day of
July of two thousand and sixteen of the Gregorian calendar.


For the Government of For the Government of
the Republic of China the Kingdom of
(Taiwan) Swaziland
_________________ _________________
Thomas J. C. Chen Sibongile Ndlela-Simelane

Ambassador of the Minister
Republic of China The Ministry of Health,
(Taiwan) to the Kingdom of Swaziland
Kingdom of Swaziland
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