AGREEMENT
between
THE GOVERNMENT OF THE REPUBLIC OF FINLAND
and
THE AFRICA INSTITUTE FOR THE ENVIRONMENTALLY SOUND MANAGEMENT OF HAZARDOUS AND OTHER WASTES
on
the Co-operation in theRegional Basel Centre Support Programme

The Government of Finland and the Africa Institute for the Environmentally Sound Management of Hazardous and Other Wastes (Africa Institute, AI), jointly referred to as "the Parties",

DESIRING to strengthen the friendly relations existing between the two Parties;

RECALLING the Millennium Declaration and the Millennium Development Goals;

CONFIRMINGthat poverty eradication is the main objective of the Programme through environmentally sound management of hazardous wastes and other wastes;

REAFFIRMING their commitment to harmonisation of development cooperation activities;

OBSERVINGthat the overall responsibility for the Regional Basel Centre Support Programme lies within the Africa Institute for the Environmentally Sound Management of Hazardous and Other Wastes

HAVE AGREED in respect of the Implementation of the Regional Basel Centre Support Programme, as follows:

ARTICLE I

Introduction

  1. The Regional Basel Centre SupportProgramme (can be hereafter referred also as "the Programme") shall be implemented in accordance with the Programme Document attached as Annex 1 to this Agreement, as well as in accordance with the annual work plan to be mutually agreed upon.
  1. The overall objective of the Regional Basel Centre SupportProgramme is to improve the environmentally safe management and the control of the trans-boundary movements of hazardous wastes in the English speaking African countries.

ARTICLE II

Principles of Co-operation

  1. Respect for human rights, democratic principles, good governance and the rule of law shall form the basis for the co-operation between the Parties and constitute the essential elements of this Agreement.
  1. The Programme shall be implemented in accordance with the principles of transparency and open dialogue.

ARTICLE III

Competent Authorities and Implementing Agency

  1. The Ministry for Foreign Affairs of Finland (the Ministry), represented in Pretoria by the Embassy of Finland and the Africa Instituterepresented bythe Executive Director, shall be the Competent Authorities to represent the Parties in matters relating to this Agreement.
  1. The responsibility for the implementation of the Regional Basel Centre SupportProgramme lies with the Africa Institute.

ARTICLE IV

Financing

  1. The contribution of Finland to the implementation of Regional Basel Centre SupportProgramme in 1.1.2011 – 31.3.2014 shall, on a grant basis and subject to annual parliamentary approval in Finland, be a maximum of one million nine hundred thousand euros (€1900000).
  1. Of the total Finnish contribution mentioned in paragraph 1 above, a maximum of one hundred and seventy-six thousand euros (€176000)shall be usedfor the financing ofFinnish internationaltechnical assistance services that are summarised in Annex II.
  1. The funds meant for the Finnish international technical assistance shall only be used up to the actual amount necessary to cover the costs resulting from the implementation of the Finnish international technical assistance summarised in Annex II. The content of the technical assistance will be defined in more detail in theterms of reference to be finalised during the inception phase of the Programme and incorporated into the Programme´s annual work plans, which will be approved by the Programme´s Steering Committee.
  1. Of the total Finnish contribution mentioned in paragraph 1 above, a maximum of one million seven hundred and twenty-four thousand euros (€1724000) shall be made available directly to the Africa Institute to be used for the implementation of Regional Basel Centre Support Programme in accordance with this Agreement.
  1. Any financial and other resources required for the implementation of the Regional Basel Centre SupportProgramme exceeding the Finnish contribution shall remain the responsibility of the Africa Institute.
  1. The Africa Institute shall provide office space to the members of theFinnish international technical assistance when they are in South Africa.

ARTICLEV

Activities

  1. The Africa Institute shall carry out the activities in accordance with the Programme document (including a tentative budget and a work plan for the Programme) attached as Annex I to this Agreement and in accordance with the more detailed annual work plans and budgets to be finalised annually or as may otherwise be agreed in writing between the Parties. The annual work plans and budgets shall be approved by the Programme´s Steering Committee.

ARTICLE VI

Disbursements relating to fundsmade available directly to AI

  1. The contribution shall be paid to the Africa Institute in 6 instalments.
  1. The first payment of three hundred thousand euros (€ 300000)shall be made to the Africa Institute against a written request made by the Instituteto the Ministry, upon the entry into force of this Agreement.
  1. The first payment request shall include a tentative payment schedule for the Programme period.
  1. Subsequent payments shall be made in accordance with the actual progress of the Activities and on the basis of the financial needs for the coming period, against a written request of the Africa Institute. The payments shall be made semi-annually based on the above mentioned tentative payment schedule and approval of a progress report, statement of accounts in respect of the costs covered by Finland’s Contribution for the foregoing period, as well as by cash flow budget and a plan of activities for the coming period.
  1. Any amount, including interest, which has already been disbursed but has not been fully used shall be taken into account when requests are made.
  1. Banking instructions for the payments shall be:

Standard Bank of South Africa

Branch: Van der Walt

Account number: 011117354

Branch code: 010145

Location: Pretoria

ARTICLE VII

Auditing, Reporting and Accounting

  1. The Africa Institute shall, in accordance with the Ministry's instructions, provide a written report on the implementation of the Activities within three months of the completion of the Activities financed by Finland. The report shall include an audited financial statement on the use of the contribution. Progress reporting (including financial reporting) shall be done as stated in the paragraph VI above and according to the guidance given by the Ministry.
  1. The Africa Institute shall on a request by Finland, carry out any inspection or audit by an external auditor in respect of the implementation of the project or the use of the Finnish contribution.
  1. The Africa Institute shall also permit the representatives of Finland to carry out any inspection or audit in respect of the use of the contribution.Such inspections or audits may be carried out during the implementation or after the termination of the Programme Activities.

ARTICLE VIII

Information

  1. The Parties shall promptly inform each other of any event or situation which might affect the implementation of the Activities and which may necessitate a modification or alteration of the scope, implementation, the agreed budget or other aspects of this Agreement.
  1. In case any change occurs in the schedule or implementation of the Activities, the Africa Institute shall promptly inform the Ministry.
  1. The Africa Institute shall in all its publications and reports concerning the Activities, specifically mention that Finland has provided the financial resources for the Activities.

ARTICLEIX

Management of the contribution and procurements

  1. Finland shall procure the Finnish technical assistance services referred to in Article IV(2) for the Programme with the Finnish Environment Institute and shall conclude a contract with the Finnish Environment Instituteas agreed with the Africa Institute.
  1. The use of the Finnish contribution and the management of funds referred to in Article IV (4) shall comply with the professionally accepted bookkeeping rules and practices. The Africa Institute shall ensure that no illegal or corrupt practices relate to the use of the Finnish contribution.
  1. All procurements shall be made in accordance with generally accepted principles and good procurement practices. Invitations to tender as well as procurement contracts shall include a clause on the possibility of the tender being rejected and the contract being cancelled, in case any illegal or corrupt practices have been connected with the award or the execution of the contract.
  1. No offer, gift, payment or benefit of any kind, which would or could be construed as an illegal or corrupt practice, shall be accepted, either directly or indirectly, as an inducement or reward for the award or execution of procurement contracts.

ARTICLE X

Planning and evaluation

  1. Mutually agreed programme planning and evaluation activities shall constitute an integral part of the Regional Basel Centre Support Programme and shall be governed by the provisions of this Agreement and according to the Programme Document (Annex 1).
  2. The Africa Institute shall permit representatives of Finland to carry out any evaluation on the use of the Finnish contributionas well as facilitate the participation of the officials or designated representatives of Finland in any preparation, review or evaluation missions or other activities relating to the implementation of this Agreement.

ARTICLE XI

Settlement of Disputes

  1. Any dispute arising from the implementation or interpretation of this Agreement shall be settled amicably by negotiations between the Competent Authorities.

ARTICLE XII

Suspension

  1. Both Parties shall have the right, after consulting the other Party, to suspend in whole or in part the financing of the Implementation of the Regional Basel Centre SupportProgramme if:

(a)either Party considers that the other Party has failed to fulfil one of the essential elements of this Agreement;

(b) the financing by the other Party is not forthcoming in accordance with this Agreement and the Programme Document;

(c) any other obligation under this Agreement or the Programme Document is not fulfilled;

(d) the management of the Regional Basel Centre Support Programme is deemed to be unsatisfactory;

(e) a condition has arisen which interferes or threatens to interfere with the implementation of the Regional Basel Centre Support Programme or the attainment of the objectives and purposes of the Programme; or

(f) the suspension is warranted by a fundamental change in the circumstances under which the Implementation Phase of the Programme was started.

  1. If either Party intends to suspend new disbursements or terminate its support, it willnotwithstanding its abovementioned right to suspension, call for a joint meeting to discuss a possible joint position on the measures, remedial or otherwise, required. If a joint position cannot be reached, the Party may inform the other Party of its intentions regarding the continuation or abovementioned discontinuation of its support.
  2. Finland reserves the right to suspend payments or claim repayment in full or in part including the interest accrued to the contribution if the funds are found to be misused or not satisfactorily accounted for.
  1. The suspension shall cease as soon as the event or events which gave rise to suspension have ceased to exist.

ARTICLE XIII

Special Provisions

  1. Any remaining balance of the Finnish contribution referred to in Article IV (4) and the interest accrued thereto shall, at the completion of the Activities or upon the termination of this Agreement, be returned to Finland unless otherwise agreed in writing by the Parties.
  1. Finland shall not accept any responsibility or liability for any claims, debts, demands, damage or loss as a result of the implementation of this Agreement.

ARTICLE XIV

Entry into Force and Amendments to the Agreement

  1. This Agreement shall enter into force on the thirtieth day after the date of signature and remain in force until all the obligations have been duly fulfilled by the Parties, unless terminated earlier by either Party by giving a notice in writing to the other Party three months prior to the termination.
  1. Should either Party consider it desirable to amend any provision of this Agreement, it may request consultations with the other Party through its Competent Authority. Any amendment shall be agreed upon in writing.

Done in Pretoria on______in two originals in the English language.

For the Government of the Republic of FinlandFor the Africa Institute

______

AmbassadorExecutive Director

Ms Tiina MyllyntaustaDr Taelo Letsela

ANNEXES

IProgramme Document
IISummary of technical assistance services

IIIAgreement establishing the Africa Institute for the Environmentally Sound Management of Hazardous and Other Wastes