0.974.10 original text Swiss agreement between the federal Council and the United Nations Organization for food and agriculture on their cooperation for the granting of assistance to countries in developing agreement on October 29, 1973 which entered into force on 29 October 1973 the Swiss federal Council, (called hereinafter "the Switzerland") and the United Nations Organization for food and agriculture (hereinafter referred to as the 'FAO') whereas the Switzerland is aware of the high priority that should be given to the modernization agriculture to assist countries developing, whose population is dedicated largely to agriculture and related activities, in order to improve the economic and social situation of this population;
Whereas the Switzerland is aware of the important role played by the FAO in the coordination of such assistance;
Whereas the Switzerland wishes to strengthen its cooperation with FAO by putting at the disposal of the FAO all or part of the means necessary for the implementation of programs and projects accepted by common accord;
Whereas the FAO welcomes the strengthening of cooperation with the Switzerland, which will contribute to the objectives of FAO in promoting, in countries developing, modernization of agriculture within the meaning of Article 1 of the Constitution of the FAO;
Have agreed as follows: article 1 General authority of FAO subject to the provisions of this agreement, FAO is authorized to agree to provide assistance to the Member States and associate members of FAO in developing (hereinafter referred to as 'recipient Governments') for the implementation of programmes and projects accepted under the area of responsibility assigned to FAO by its Constitution.
S. 2 respective functions of FAO and the Switzerland in the choice and administration of projects 1. The parties are resolved to cooperate closely to achieve the objectives set out in the preamble to this agreement. To this end, they shall consult regularly and each will provide to each other all information and any assistance that may be reasonably requested.
2. the responsibility to choose and study project applications to consider under this agreement will be in the first place for FAO.
3. the parties take place periodically and in the early stages of the preparatory period of consultations on the applications for projects which, in the view of FAO, would likely be funded under this agreement.
4. as regards long-term programmes and major projects, FAO will explore with the Switzerland should be send to the recipient Government envisaged a preparatory mission. If necessary, the Switzerland may appoint one or more members of such mission.
5. the FAO will submit annually to the Switzerland in the first half of October, a list of projects which it envisages the implementation in the second subsequent calendar year and for which it seeks financing. This list shall be accompanied by all relevant supporting documents. FAO and the Switzerland be held during the first half of December a joint meeting to study these projects. The Switzerland will immediately indicate that possible to FAO projects in which she will probably its support. It will also, for any specific project, its intention to contribute personnel and other services, or materials.
6. the FAO will then enter into more detailed with the recipient Governments concerned negotiations and preparing projects of plan of operations. The Switzerland will be closely associated with the aforementioned negotiations. Draft operational plan will be then passed to the Switzerland for comment.
7. when the Switzerland has informed FAO that it approves the proposed plan of operations, FAO will finalize and sign the plan of operations with the recipient Government and send a signed copy to the Switzerland.
8. the Switzerland will then to FAO the amount necessary for the total or partial financing of the project, in the form of a Fund as provided for in art. 3 of this agreement.
9. the FAO will be responsible for the monitoring and control of the project, but it will have the possibility to designate, in consultation with the Switzerland, subcontractors for the performance of all or part of the projects supported under this agreement.
S. 3 Fund deposit and contributions in kind 1. (a) to enable FAO to implement the agreements concluded with the recipient Governments as provided for in art. 5 this agreement and perform preparatory missions referred to in ch. 4 of art. 2, the Switzerland will put in advance at the disposal of the FAO, in the form of trust fund, such amounts in dollars of the United States including FAO may need to cover the costs of the following year, as well as the amounts needed to cover the technical and administrative FAO expenditure referred to in article 4 in respect of the year in question. (b) if total expenses charged on a Fund during the calendar year exceed the estimated amount, FAO may invite the Switzerland to deposit an additional amount covering the difference. (c) any unspent balance appearing at a fund deposit to the completion of a project or specific mission shall be returned to the Switzerland, unless it authorized FAO to allocate all or part of the balance to another deposit fund.
2. the FAO shall constitute a trust fund separate for each project or mission undertaken under this agreement.
3. the FAO will provide the administration and accounting of funds for deposit under its own financial regulation and other relevant regulations and it will be for each fund deposit of States and separate accounts.
4. financial liabilities and expenses incurred by the FAO in respect of the assistance provided under this agreement will be in any case denominated in United States dollars.
5. the Switzerland may provide goods and services as in-kind contribution is adding or substituting cash payments at ch. 1 (a) of this article.
6. the obligations to FAO under any agreement with a recipient Government will be subject to the payment of the contribution required by the Switzerland. FAO assumes no responsibility beyond the amounts deposited as a trust fund, for the purpose of any agreement with a recipient Government.
S. 4 technical and administrative to help cover its technical and administrative expenditure expenditure, FAO will be entitled to compensation provided by Switzerland, for an amount equal to a certain percentage of each trust fund expenditures in respect of the project. The amount in question will be included in the expenditure table attached to the Plan of operation referred to in art. 2, c. 6.
S. 5 agreements between FAO and the recipient Governments 1. Agreements between FAO and the recipient Governments will be established and interpreted following the practices and normal policies of FAO. The conditions and detailed rules for the implementation of such agreements will be incorporated in a plan of operations or other similar agreement, which will be concluded between the FAO and the recipient Government with the Switzerland will receive copy.
2. agreements between recipient Governments and the FAO will contain provisions for transfer to the Switzerland the obligations imposed to FAO under such agreements. They will also give the right for FAO and the Switzerland to inspect the project and obtain reports and relevant documents.
3. agreements between recipient Governments and the FAO will specify that the obligations to FAO under such agreements are subordinate: (a) to the decisions of its governing bodies and its constitutional, financial and budgetary rules; (b) for the payment of the contribution required by the Switzerland.
S. 6 reports 1. FAO will submit annually to the Switzerland, on the date the 15 May deadline, an accounting statement indicating the use of the funds spent for execution of projects funded under this agreement during the previous calendar year.
2. the FAO shall transmit without delay to the Switzerland periodic reports on the projects carried out under this agreement. FAO will provide in addition to the Switzerland's annual reports on the State of progress of the projects.
3. as it is of mutual interest parties to inform opinion on the needs and the efforts of the countries in the process of development, FAO will provide the Switzerland of the specific information to be disseminated to the general public about the projects undertaken under this agreement.
4. at the completion of each project, FAO will provide the Switzerland a final report containing an assessment of the results of the project.
5. the Switzerland may send one or more representatives to any meeting held at FAO headquarters to assess the projects undertaken under this agreement.
6. in appropriate circumstances, which will be determined in concert by the Switzerland and FAO, ongoing project evaluation reports will be established either by a mission composed of personnel representing Switzerland, FAO and the recipient country, or by an independent body that the Switzerland and FAO take care of this task by mutual agreement.
7. FAO and the Switzerland will hold each year on a specific concert date, a meeting in order to conduct a review of the results of the previous year's projects and to study the problems concerning the reports and accounts.
S. 7 accredited representatives of the parties
For all matters relating to the implementation of this agreement, including the agreements and additional agreements, the Switzerland will be represented by the delegate of the federal Council to Technical Cooperation or by any person designated by him, and FAO by any person designated by the Director General.
S. 8 agreements and additional agreements the parties may conclude, for the implementation of this agreement, all agreements and additional agreements which will be timely in the light of experience.
S. 9 entry into force and termination 1. This agreement will enter into force once it has been signed by both parties.
2. this Agreement shall be concluded for a period of three years, beyond which it will be renewed tacitly from year to year, unless notice of termination by written notice from one party to another six months notice.
3. If one party gives the other notice of termination provided for in the preceding paragraph, the parties shall consult without delay to determine the best measures to take in order to put an end to the operations that led FAO agreements concluded with beneficiary Governments. In any case, the Switzerland will allow FAO to deal with all legal obligations accrued before the expiry of the agreement and related personnel services and other contractual services, supplies, equipment and travel. Any liquid balance or any equipment remaining unassigned after the completion of the work shall be returned to the Switzerland.
In faith whereof the undersigned duly accredited put their signatures to this agreement.
Done in Rome, October 29, 1973, in two originals in English.
To the Swiss federal Council: for the United Nations food and agriculture organization: A. Marcionelli Addeke Boerma RO 1974 185 State 11. July 2006