Key Benefits:
Bs. As. 10/10/63.
VISTO: The contract concluded on 13 August 1963 by the Minister of Economy of the Nation and Harvard University of the United States of America; Art. 57th Accounting Act No. 23.354/56 and complementary standards; Art. 138° of the Customs Act (T.O. in 1962), its regulations and decrees number 7.813 and 10.551/61, on franchises to foreign technicians hired by state divisions; Art. 11th Act No. 15,273 on tax exemptions to national procurement, construction or investment; and
CONSIDERING:
It is desirable to strengthen the technical capacity of the National Development Council so that it can efficiently carry out the various tasks within its competence;
That for that purpose, the signed agreement provides for the provision in Argentina of an advisory service by experts from Harvard University, as well as the training of the staff of the Argentine agency at the International Affairs Centre of the said educational establishment in the United States of America;
That in order to complete the signed agreement, the National Development Council has the funds provided on loan by the Inter-American Development Bank, as contracted on 29 June 1962 and approved by Decree No. 9.208/62;
That although in the present case the direct contract authorized for emergency situations has been used by Art. 56° of the Accounting Act, it should be emphasized that the nature of the services involved makes it inescapably necessary to go to high-education institutions which, because of their nature, do not fall into competence, which leads to rule out in advance the success of a tender and forcefully compels direct treatments, seeking to compromise, among university establishments of the highest educational hierarchy in the matter, of the one that enjoys the greatest foreigner
That, under such conditions, this direct recruitment falls within the purview of subparagraph (g, paragraph 3 of the above-mentioned legal instrument, given that the University of Harvard with its School of Economics has a scientific capacity that enjoys the highest reputation in the country of origin and abroad and gathers the experience and means to satisfy the purposes of the convention in a complete manner;
That it is pertinent to take the measures leading to the provision of foreign experts, while their temporary residence in the country lasts, the same living conditions that they have in the nation of origin, limited to the use of personal effects, several household implements and automotive vehicle;
Therefore,
The President of the Argentine Nation, Decreta:Article 1 . Please approve the contract signed on 13 August 1963 with the University of Harvard of the United States of America, whose text is transcribed in annex and is an integral part of this Decree.
Art. 2° Art In accordance with article 11 of Act No. 15,273, please describe in national interest the investments that are made pursuant to the contract approved herein for the purposes of the exemption stipulated in article III-C.
Art. 3° . Harvard University experts who enter the country in compliance with the contract mentioned in the previous article will be able to introduce without requirements of exchange order and exempt from customs duties the personal effects of their property and those that have been affected to their home or house-habitation, including bicycle, motorbike or motorcycle, provided that they are characteristic of their condition and profession and originaries of the country of their origin.
They may also introduce, subject to the same requirements provided for in the preceding paragraph, a car in temporary form, under the conditions set out in Decree No. 7.813/55 and without the limitations of Decree No. 10.511/61.
Art. 4° presente This decree will be endorsed by the Minister Secretary in the Department of Economics and signed by the Secretary of State of Finance.
Art. 5° . Communicate, publish, give to the General Directorate of the Official Gazette and Printers and pass to the Court of Accounts of the Nation; date, refer.
GUIDE. . José A. Martínez de Hoz. . Eduardo B. M. Tiscornia.
AGAINST THE GOVERNMENT OF ARGENTINA AND THE UNIVERSITY OF HARVARD
I : Objectives:The Argentine Government wishes to improve the technical competence of the National Development Council, and for this purpose it has requested the services of the Development Advisory Service of the Centre for International Affairs of the University of Harvard, so that this agency, provides the Council of expert economists and other advisers, and to carry out research and training services outside Argentina. The President and Members of Harvard College .hereinafter referred to as the University la have agreed to provide such services.
The purpose of the services of advisors to be provided by the University is to help the Council to improve its capacity to discharge its responsibilities as regards:
(a) Development and implementation of public sector investment programmes, including funding.
(b) External sector analysis and projections.
(c) Improvement of the planning system.
(d) Advice for the formulation of policies required for improved programme implementation.
(e) Other aspects that both parties, in common agreement, consider appropriate.
II de Harvard University ObligationsA . During a period beginning on 1 August 1963 and ending on 31 December 1965, the University will place the greatest will to procure the services of a team of expert advisers for a total of 85 men-months, as well as the services of an adequate number of short-term consultants.
Consultants and consultants for the purposes of this contract may be selected only in common agreement between the Argentine Government and the University. One of the selected experts will act as head of the Harvard expert group in front of the Council for the purposes of this Agreement.
Designated experts shall enjoy complete freedom in the performance of their advisory role, which shall be developed within the previously agreed fields.
B . At the University headquarters it will provide a limited number of staff to deal with the recruitment of expert advisers and consultants, to conduct a limited series of additional investigations, and to organize staff training services.
C . The university will submit quarterly reports on the disbursement of funds provided by the Argentine Government in accordance with the terms of this contract. It will also provide final accountability once the contract is completed. It will return to the Argentine Government any sum that the University itself, making use of the accounting procedures it regularly employs, will determine in excess of the cost of its obligations under the terms of this contract.
In administering the funds provided by the Argentine Government in accordance with this contract, the University will only disburse the amounts necessary to cover the expenses incurred in fulfilling the purposes of this agreement. Such costs shall include those detailed below, but the statement is not excluding other costs.
1. Salaries of expert advisers as long as their designation lasts.
2. Travel costs back and forth to Argentina, expert advisers and their families.
3. Cost of air and sea freight, incurred in transport to Argentina or on return from Argentina, of the personal and household effects, of the expert advisers and their family members, considered necessary at the discretion of the University.
4. Furnished housing, hospitalization and insurance costs for expert advisers and their families in Argentina, allocation for Customs education and expenditure, local transportation costs, incurred by expert advisers in compliance with their official duties and contribution to the forecast funds where appropriate.
5. Salaries and necessary expenses of University staff, and other necessary expenses of the University related to this project (including indirect costs).
6. Expenditures incurred by the University before 1 September 1963 in connection with the processing of this contract that are not covered by the contract signed on 28 June 1962 between the Argentine Government and the University.
7. Salaries, travel expenses and other short-term consultants.
8. Scholarships, travel expenses and others, related to the preparation outside Argentina of the Argentine staff of the Council, selected jointly by the Council and the University of Harvard.
9. Any expenditure necessary for the protection of the employees, agents or independent contractors covered by this project and compensation for inevitable losses in the personal ownership of such employees, agents or independent contractors in the event of emergencies arising from insurrections, uprising, tumults, wars or incidents involving the peaceful development of this project.
10. Expenditures of independent contractors or agents that the University employs for the execution of its obligations under the terms of this contract (including categories of expenditure described in numbers 1 to 9, but not excluding other costs).
III : Obligations of the Argentine Government:A El The Argentine Government will deposit before 15 September 1963 or at that date the sum of u$s. 200,000 in an account to be designated by Harvard University, and will also deposit the sum of u$s. 188,500 prior to 1 September 1964 or at that date, or within 60 days of the University ' s notification indicating that this amount is required; in any case the deposit shall be made on the date first result. Notwithstanding any provision to the contrary contained in this agreement, the Argentine Government shall not be obliged to provide funds for any use or purpose arising out of this agreement in excess of the total amount previously stipulated in this agreement or in a reform thereof.
B El The Argentine Government will provide expert advisers with appropriate, conveniently equipped offices, bilingual secretariat staff and other administrative assistance. It will also provide transportation and reimburs the expenses of the expert advisers while they meet their official obligations within Argentina but outside the place where they routinely perform their duties.
C El The Argentine Government will grant the expert advisers the same tax, customs and exchange exemptions agreed upon to the foreign staff specialized or hired for their distributions.
D El The Argentine Government will seek:
1. Strengthen the staff of the National Development Council with the appointment of qualified staff and encourage and facilitate the training of their staff.
2. Provide technically competent local staff with appropriate authority to cooperate with advisers; and
3. Provide expert advisers with the information necessary for the implementation of their tasks.
IV Under this agreement, the University will only be responsible for the provision of advisers and for the research and training services of staff. It shall not be liable for any conclusions or recommendations submitted in any report or written prepared by the expert advisers or resulting from the investigation or training services provided under this agreement.
V Conditions of employment, including wages, duration, termination, annual license, insurance etc., and all administrative matters related to the University's expert advisers and to the consultants associated with this project will be determined by the University but will agree with this contract.
VI The University will act as an independent contractor. The staff selected by the University for this project will be considered a member of the Council, but not as an employee of the Argentine Government, who in turn will not have responsibility for such personnel or will be responsible for it.
VII L University will not respond to the Argentine Government for the loss of funds, except in cases where such loss is caused by embezzlement or bad faith by University officials who have supervision or control over such funds.
VIII Annex A, which is an integral part of this agreement, includes an estimate of the budget as an example and to give a greater indication of the purposes of the project being understood and agreed that the university will be guided but will not be obliged to comply with the precise details and quantities set out in the estimated budget.
IX Notwithstanding any provision to the contrary contained in this contract, when and in the event that the current costs incurred or incurred by the University equal the total amount of the amounts deposited by the Argentine Government in the account of the University of Harvard in accordance with the terms of this contract or its reforms, the University shall not be obliged to incur or contract new expenses, unless the parties by means of a specific agreement concluded to the effect and other satisfaction.
X This agreement shall enter into force when signed by both parties and upon deposit of the first share of the funds. This contract may terminate at any time upon notification of thirty days by any of the parties. The termination of this agreement will not affect the University's right to payment of obligations or commitments incurred or made prior to the termination notice. The University shall not incur any obligation or incur expenses once either party notifys the other party of the cessation of the contract.
In testimony of which, this agreement is signed in English and Castilian version, to one effect, on the thirteenth of August, nine hundred and sixty-three.
To the Argentine Government. . Signed: Dr. José Alfredo Martínez de Hoz.
By Harvard College President and Fellows. . Signed: L. G. Wiggins, Administrative Vice President.
Annex A
BUDGET ESTIMATE
August 1st. 1963 December 31,1964| (1) Salary, leave, retirement ($ 19,000 per year) | 134,500 | |
| (2) Education, cost of living allowance | 28.500 | |
| 3) Housing, cars and other needs | 78,000 | |
| (4) International travel, freight, deposit | 46,000 | |
| (5) Short-term consultants | 17.500 | |
| 6) Training, fellowships, books | 32.020 | |
| (7) Commission by service to the Institute of International Education ( 2 1⁄2 % of the total number 1 to 6) | 8.413 | |
| 8) Harvard assignment (direct costs) including staff recruitment costs | 27.3000 | |
| 9) Harvard indirect expenses including general or fixed expenses ( 2 1⁄2 % of total partials contained in numbers 1 to 7) | 8.623 | |
| 28 % of Part 8 | 7.644 | 16.267 |
| Total in u$s. | 388,500 |
