Príloha

     
     anglická verzia Memoranda o porozumení 
     medzi vládou SR a vládou Kanady o programe
    „Oficiálna rozvojová pomoc pre strednú Európu 
-	ODACE“

MEMORANDUM  OF  UNDERSTANDING

BETWEEN

THE GOVERNMENT OF THE SLOVAK REPUBLIC

AND

THE GOVERNMENT OF CANADA

June 2002

CONCERNING

OFFICIAL DEVELOPMENT ASSISTANCE PROGRAM
FOR CENTRAL EUROPE
(ODACE)

PREAMBLE

ODACE is a multi-country program designed to support the development of sustainable national Official Development Assistance (ODA) capacities in the four Visegrad countries, namely the Slovak Republic, Czech Republic, Hungary and the Poland. “National capacities” refer to the Governmental Ministry or Agency officially responsible for ODA as well as the organizations (NGOs, NGIs), firms or individuals involved in the planning, management and  delivery of aid to eligible recipient  countries.  The four countries are each committed to develop a core central organization adequately staffed to insure sustainability through changes of personnel and managed according to policies, rules, systems and procedures adapted to the business of providing ODA in an effective and transparent manner and in coherence with the principles enunciated by OECD’s Development Assistance Committee. The program has two main components: 1) institutional/capacity building and 2) co-financing of mutually agreed upon development projects in third countries. The total budget for the program is Cdn $15,000,000. For planning purposes it is estimated that 1/3 of the program funds will be allocated to the first component and the rest to the second. No country specific allocation is made in the Management Plan. Funds will be allocated yearly based on the needs identified in each country’s Institutional Development Plan. The co-financing of third country projects is a practical extension of the first component and will be implemented as significant progress is achieved in the first component.  The Project Field Office will be located in Bratislava due to that city's central location for all Visegrad countries.

 MEMORANDUM OF UNDERSTANDING

BETWEEN

THE GOVERNMENT OF THE SLOVAK  REPUBLIC

AND 

THE GOVERNMENT OF CANADA

CONCERNING
(ODACE)

The Government of the Slovak Republic (hereinafter "SLOVAKIA") and the Government of Canada (hereinafter "CANADA"), desiring to collaborate on the implementation of a Canadian development assistance project in the Visegrad countries namely, the Slovak Republic, the Czech Republic, Hungary and Poland,  have reached the following understanding.

ARTICLE I
NATURE OF THE MEMORANDUM OF UNDERSTANDING

SECTION 1.01
This Memorandum of Understanding is intended only to set out the responsibilities of SLOVAKIA and CANADA in relation to the Project described in Article III.

ARTICLE II
RESPONSIBLE AUTHORITIES

SECTION 2.01
CANADA designates the Canadian International Development Agency (hereinafter called "CIDA") to assume its responsibilities under this Memorandum of Understanding.

SECTION 2.02
SLOVAKIA designates its Ministry of Foreign Affairs (hereinafter "MFA") to assume its responsibilities under this Memorandum of Understanding.

SECTION 2.03
MFA designates respective operational department to assume the responsibilities related to the implementation of the Project described in Article III.

ARTICLE III
THE PROJECT

ARTICLE 3.01
SLOVAKIA and CANADA will participate in the implementation of a Project called ODACE.  It is a multi - country program designed to support the development of sustainable national Official Development Assistance (ODA) capacities (hereinafter "the Project").

ARTICLE 3.02
The Project is further described in Annex "A" of this Memorandum of Understanding.

ARTICLE IV
MANAGEMENT PLAN

ARTICLE 4.01
For implementation of the Project, SLOVAKIA  and CANADA will develop a Management Plan which will constitute an operational document between MFA and CIDA.  The Management Plan will be completed and agreed upon on behalf of CANADA and SLOVAKIA within 90 days from the date of this Memorandum of Understanding and will contain, inter alia, the following:

a)	a detailed description of the Project;
b)	an outline of the methods and means to be used to implement the Project;
c)	a schedule for the implementation of the project activities, including a milestone chart;
d)	the reporting requirements for the Project;
e)	the nature, timing and responsibilities for project evaluations and the means by which they will be made;
f)	the resources required for the Project; and
g)	a statement of additional obligations, duties and responsibilities of SLOVAKIA and CANADA together with their contributions within the scope of commitments agreed upon in this Memorandum of Understanding.
	
	The Management Plan may be updated on a yearly basis or as may be required, depending upon the evolution of the project .
	
	ARTICLE V
	CONTRIBUTION OF CANADA
	
	SECTION 5.01
	The contribution of CANADA will consist of provision of expertise, financial support , and the monitoring and evaluation of the Project.  CANADA's contribution is further described in Annex "B" of this Memorandum of Understanding.  The total value of CANADA's contribution to the overall Project for the four countries including the Slovak republic will not exceed fifteen million Canadian dollars (Cdn $ 15,000,000).
	
	SECTION 5.02
	The proceeds of CANADA's contribution will not be used by SLOVAKIA to pay any taxes, fees, customs  duties or any other levies or charges imposed directly or indirectly by the Government of the Slovak Republic on any goods, materials, equipment, vehicles and services purchased or acquired to meet project requirements or in relation to the implementation of the Project.

	ARTICLE VI
	CONTRIBUTION OF SLOVAKIA
	
	SECTION 6.01
	The contribution of  SLOVAKIA will consist of allocating the financial, human and technical resources required to develop in a sustainable manner its national ODA capabilities and finance third country development projects as well as other contributions necessary to meet the project requirements. The contribution of SLOVAKIA is further described in Annex "C" of this  Memorandum of Understanding.
	
ARTICLE VII
DEFINITION OF PROJECT FIRM AND PROJECT PERSONNEL

SECTION 7.01
For the purpose of this Memorandum of Understanding:

a) 	"Project firm" means a firm or institution, engaged in the project described in  Article III, which is incorporated or otherwise constituted under the laws of Canada or of a country other than the Slovak Republic;
b) 	"Project personnel" means Canadians or nationals of a country other than the Slovak Republic or other non-permanent residents of the Slovak Republic, who are working in SLOVAKIA on the project established under this Memorandum of     Understanding ; and
c) 	"dependant" means
i) the person recognized as the spouse or partner of a member of the Project personnel;
ii) a child of the member of the Project personnel or his or her spouse or partner who is:
(a) 	under twenty-one years of age and dependent on the member of the                                      Project personnel or his or her spouse or partner for support, or
(b) 	twenty-one years of age or older and dependent on the member of the Project personnel or his or her spouse or partner for support by reason of a mental or physical incapacity.

	ARTICLE VIII
ENVIRONMENTAL ASSESSMENT

SECTION 8.01
While an environmental screening of the program as a whole is not required, all trilateral project will be individually subject to the Canadian Environmental Assessment Act (CEAA) or its equivalent in the relevant Visegrad country.

	ARTICLE IX
	TAX AND OTHER EXEMPTIONS
	
	SECTION 9.01
	SLOVAKIA will exempt Project firms from import duties, customs tariffs and all other duties, charges or levies on technical and professional equipment for use in the Project by Project personnel, or persons designated by SLOVAKIA provided that exemption from such duties, tariffs, charges or levies will only apply to goods or equipment procured from outside the Slovak Republic.
	
	SECTION 9.02
Funds, equipment, products, materials and any other goods acquired for, or related to, the implementation of the Project will not be subject to any taxes, import duties, customs tariffs, inspection fees or any other levies, duties, fees or charges.
	
SECTION 9.03
For purpose of this Memorandum of Understanding the Project personnel and their dependants will have the status of administrative and technical personnel under the Vienna Convention on Diplomatic Relations.

	SECTION 9.04
	Upon request, SLOVAKIA will inform Project firms and Project personnel and their dependants of local laws and regulations which may concern them in the performance of their duties.
	
	SECTION 9.05
	SLOVAKIA will facilitate the repatriation of Project personnel and their dependants in cases where, in the opinion of CANADA/or of SLOVAKIA, the life or safety of the said Project personnel or their dependants is endangered.
	
	SECTION 9.06
	SLOVAKIA will provide all Project personnel and their dependants subject to their application the permit for temporary stay for travel to and from the Slovak Republic and will be responsible for providing permits and other similar documentation.
	
	SECTION 9.07
	SLOVAKIA will afford, while monitoring the state of development of the project all accredited representatives of CIDA and Project personnel all necessary opportunities to visit any part of the Slovak Republic for official activities related to the Project.

	ARTICLE X
INFORMATION
	
	SECTION 10.01
	SLOVAKIA and CANADA will ensure that this Memorandum of Understanding is implemented with due diligence and efficiency and each will furnish to the other all such information relating to the Project as will be reasonably requested.

	ARTICLE XI
	COMMUNICATIONS
	
	SECTION 11.01
	Any communications or documents given, made or sent by either SLOVAKIA or CANADA pursuant to this Memorandum of Understanding, will be in writing and will be deemed to have been duly given, made or sent to the addressee to which they are intended when they have been delivered by hand, mail or facsimile to the following address:

	For SLOVAKIA:	Department for International Development Cooperation
	Ministry of Foreign Affairs SR
Hlboká cesta 2
833 36 Bratislava, Slovakia
Facsimile: + 421 2 5978 3579                                                          

	For CANADA:	c/o Hubert A. Simard, Project Team Leader
	Canadian International Development Agency
	200 Promenade du Portage
	Hull, Quebec
	K1A OG4
	Facsimile: + 1 819 994-1208     

	SECTION 11.02
	SLOVAKIA or CANADA may, by written notice to the addressee hereto, change the address to which all documents or communications are to be submitted.
	
	SECTION 11.03
	All communications and documents submitted to CANADA will be in either the English or the French language, and all communications and documents submitted to SLOVAKIA will be in either the English language or the French language.

	ARTICLE XII
	CONSULTATION
	SECTION 12.01
	SLOVAKIA and CANADA will consult each other in respect of any matter that may arise in connection with this Memorandum of Understanding.
	
	ARTICLE XIII
	APPLICATION
	SECTION 13.01
	Differences which may arise in applying the provisions of this Memorandum of Understanding will be settled by means of negotiations between SLOVAKIA and CANADA, or by any other manner mutually agreed upon.

	ARTICLE XIV
	GENERAL PROVISIONS
	
SECTION 14.01
	This Memorandum of Understanding, together with Annexes "A, B and C" which form an integral part hereof, constitutes the entire understanding between SLOVAKIA and CANADA with respect to the Project.
	
	SECTION 14.02
	This Memorandum of Understanding may be amended or updated as deemed necessary by  SLOVAKIA and CANADA upon mutual agreement. Amendments and updates must be done in written form, by exchange of letters.
	
	SECTION 14.03
	This Memorandum of Understanding will enter into force on the date of signature and will remain in effect for the duration of the Project.

	Done in                                     day of                                  in two originals, each in Slovak and English languages, both text are equally authentic. 

	FOR THE GOVERNMENT			FOR THE GOVERNMENT
	OF THE SLOVAK REPUBLIC			OF CANADA

	

	___________________________			______________________________
	
ANNEX  "A"
	
	DESCRIPTION OF PROJECT
	
The ODACE program is designed to support the development and strengthening of sustainable Official Development Assistance (ODA) delivery capacities in the Czech Republic, Hungary, Poland and the Slovak Republic. If opportune, the Baltic countries (Estonia, Latvia and Lithuania) may be invited to join certain project activities.  The program will have two components: 1) institution building and strengthening of ODA agencies, and 2) contribution to Visegrad countries ODA agencies in a cost-sharing arrangement to implement development projects in third countries (trilateral co-operation).  CIDA's contribution over the course of the five year program will not exceed $15 million Canadian dollars.  The majority of these funds are expected to be devoted to trilateral co-operation.

Institution building
The initial stage of the ODACE program involves the transfer of Canadian knowledge and expertise in the area of ODA delivery to the designated ODA delivery agencies in the Partner Countries (PCs).  Such knowledge transfer could take the form of study tours, specialized training sessions and other activities as deemed necessary by the PC for the building and strengthening of their ODA capacity.

A Canadian Co-ordinating Agency (CCA) contracted by CIDA will be responsible for contracting the required non-CIDA expertise identified by the PCs and, as approved by the Project Team Leader (PTL), organize study tours and training sessions and to organize the logistics for the assignment of CIDA's own technical resources.

In the field, a Canadian Field Manager (CFM) and a Team of Local Resources, will work with the Co-ordinating Agency in identifying expertise required by the PCs and with responsibility for the preparation of strategic plans with the PCs, organizing short-term consultancies, and the development of a framework for trilateral co-operation.  This CFM will act as a technical advisor for the PCs and help them specify the kind of technical support they require.

Due to the nature of the project, much of the expertise required is available within CIDA itself.  Accordingly, an internal CIDA Resource Network (CRN) will be set up to co-ordinate CIDA human resource demands throughout the life of the program.  This network could include representatives from any division possessing the needed expertise.

Trilateral Programming
Again, due to the nature of the goals of this program, an ideal vehicle for the necessary knowledge transfer to the PC is a cost-sharing arrangement between CIDA and the designated PC ODA agency to implement development projects in a third country - in CEE as well as the Middle East, Asia etc. based on the priorities of the PC.  Together with the Visegrad countries ODA agencies, CIDA will set up a management framework and controls to assure an adequate overview of sub-project eligibility and obtention of value for money.  Funds will be released in segments based upon satisfactory sub-project performance and satisfactory review of progress and financial reports.  Once a project has been approved by the Visegrad countries ODA agency,  they will select an appropriate "co-implementor" to partner and implement the project in the third country.  It is intended that over the life of the ODACE program, at least 30 such trilateral sub-projects will be undertaken.  The Canadian contribution to each such sub-project will average $250,000 (not to exceed $500,000) and an equivalent funding match is anticipated from the appropriate Visegrad countries ODA agency.  Details on the specific sub-projects and release of CIDA funds will be described in Letters of Agreement signed by the designated sub-project proponents.  

ANNEX "B"
	RESPONSIBILITIES OF CANADA
	
The Government of Canada will finance the following expenditures based on the rates authorized in its regulations

1.	Expenditures related to Slovak citizens visiting Canada as part of the Project:
a) 	an allowance for accommodation and meals;
b) 	medical and hospital expenses;
c) 	economy-class fares for travel by air or by any other approved means of transportation, in compliance with the requirements of the Project.

2.	Expenditure related to Project personnel:
a) 	their salaries, fees, allowances and other benefits;
b) 	their travel expenses and those of their dependants between their normal place of residence and the port of entry and departure in the Slovak Republic;
c) 	the cost of shipping, between their normal place of residence and the port of entry and departure in the Slovak Republic, their personal and household effects, those of their dependants, and the professional and technical material required by the said Project personnel for the execution of their duties.

Contracts for the purchase of goods or the commissioning of services financed by CANADA and required for the execution of the Project will be signed by CANADA or one of its agencies.

CANADA will provide the Government of the Slovak Republic, in a timely manner, with names of the Project personnel and their dependants entitled to the rights and privileges set forth in the Memorandum of Understanding.

ANNEX "C"
RESPONSIBILITIES OF THE GOVERNMENT OF the SLOVAK republic

The Government of the Slovak Republic will provide or pay for:

1.	the recruitment and selection of counterparts when required for the Project;
2.	any official assistance which may be required for the purpose of facilitating the travel of Project personnel in the performance of their duties in the Slovak Republic;
3.	any official assistance which may be required for the purpose of expediting the clearance through customs of equipment, products, materials, supplies, and other goods required for the execution of the Project and the personal and household effects of Project personnel and their dependants;
4.	all permits, licenses and other documents including costs related thereto, necessary to enable Project firms and Project personnel to carry out their functions in the Slovak Republic;
5.	permit for temporary stay and all import or export permits, as the case may be, for Project personnel and their dependants, for equipment, materials, supplies or goods required for the execution of the Project, the professional and technical equipment and the personal effects of such Project personnel and their dependants;
6.	reports, records, maps, statistics and other information related to the Project and likely to assist Project personnel in carrying out their duties, provided that they are not classified and have no relations to national security.

The Government of the Slovak Republic will ensure access for Project personnel and their dependants to medical care and hospitalization in the Slovak Republic and will communicate on selected healthcare establishments the Project personnel via Project Field Office located in Bratislava.