Rs 0.512.136.31 Memorandum Of Understanding (Mou) On 18 July 2012 Between The Swiss Federal Council And The Government Of The Republic Of Ghana Concerning The Bilateral Cooperation On Education By Sending And The Financing Of Staff At The Center

Original Language Title: RS 0.512.136.31 Protocole d’accord (MoU) du 18 juillet 2012 entre le Conseil fédéral suisse, et le Gouvernement de la République du Ghana concernant la collaboration bilatérale en matière d’instruction par l’envoi et le financement de personnel au Centre

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0.512.136.31 translation memorandum of understanding (MoU) between the Swiss federal Council and the Government of the Republic of Ghana concerning the bilateral cooperation on education by sending and the financing of staff at the International Kofi Annan training center to the maintenance of peace (KAIPTC) concluded on 18 July 2012 entered into force by Exchange of notes on 17 September 2012 (status September 17, 2012) the Swiss federal Council , and the Government of the Republic of Ghana, hereinafter referred to as "the Parties", whereas the need to contribute, in the spirit of the Charter of the United Nations, to the strengthening of peace, trust and stability in the world, stressing the importance of supporting the establishment of regional capacity and training institutions in the field of the promotion of peace (conflict prevention operations (, peacekeeping, peacebuilding, etc.) in Africa and elsewhere, in agreement with the corresponding national legislation Parties and their international commitments, have agreed the following provisions: art. 1 the following definitions are applicable to the purpose of this MoU: a) the "host Party" means the Republic of Ghana; b) the "party of shipment" means the Swiss Confederation; c) "part of sending staff' refers to the military and civilian staff of the part of transmission, which participates in the activities of bilateral cooperation on education within the KAIPTC, as well as his dependants.

Art. 2-1. The present MoU sets the terms and conditions of the bilateral cooperation on education for the KAIPTC. It defines the legal status of military and civilian personnel as well as people dependant sent by the sending party to the KAIPTC.
2. This MoU does not apply to the planning, preparation and execution of combat operations or other military operations of the Parties.

Art. 3. the authorities following, hereinafter called 'Competent authorities' are responsible for the implementation of the present slack:-in the Republic of Ghana - the Department of Defense/KAIPTC. and - the Swiss Confederation - the federal Department of defence, protection of the population and sports.

Art. 4-1. In the context of the present MoU, the part of shipment can contribute to the activities of the KAIPTC by sending military personnel or civilian, at the request of the KAIPTC, to support the training activities of the KAIPTC to agreed positions between the competent authorities.
2 other forms of contributions may be provided to the activities of the KAIPTC with the agreement of the competent authorities.

Art. 5. the staff of the sending party enjoys the privileges and immunities set out in the Vienna Convention of 18 April 1961 on diplomatic relations.

SR 0.191.01 art. 6-1. The host Party landscape the administrative conditions for the stay of Personnel for the part of shipment on its territory, including permits, authorizations, identification, etc. She helps staff to administrative and technical questions.
2. During his stay in the national territory of the host Party, part of sending staff is authorized to wear the uniform in accordance with the provisions and requirements of the sending party.

Art. 7-1. The part of sending staff remains under the command of the competent authority of the sending party. However, it is bound by the regulations of the host Party.
2. the staff of the sending part is attributed to the Commander of the KAIPTC. The Commander may delegate the assignment if necessary.
3. on written request of the host Party, the part of shipment out of service any member of its own staff in the event of serious incompetence, inability to perform the duties assigned, as well as in the presence of grounds preventing the host Party to resort to the services of that Member in good faith.

Art. 8-1. The host part is responsible for all the activities of the KAIPTC in regards to the present MoU.
2. the Parties mutually agree to waive any claim for injuries to persons or damage to the property and facilities of the other party and arising from the present MoU.
3 any claim extra-contractual of third parties, resulting from actions or omissions of the staff of the part of shipment during his service in the context of the present MoU, will be recorded, processed and resolved in accordance with the legislation of the party in the national territory from which the claim has been validated. This part must, as a first resort, take the refund charge any compensation to rights holders. These fees will be reimbursed by the part of shipment in the event of wilful misconduct or gross negligence on the part of sending staff. In all other cases, the two Parties agree to settle amicably.

Art. 9-1. The host Party shall take all necessary measures to ensure security as well as to prevent and stop any illegal activity directed against the part of sending staff and its possessions.
2. the part of sending staff for daily activities, must collaborate with the competent authorities of the host Party under the law of the host Party.

Art. 10. the staff of the part of shipment is not armed.

Art. 11-1. The part of shipment on the territory of the host Party come on no staff who does not have a sufficient insurance coverage.
2. the host Party provides staff of the part of shipment of medical and dental treatment that the extent and the quality are the same as those provided to the military and civilian staff of the host Party.
3. the emergency medical aid is provided free of charge personnel in the party of sending by the host Party. On request of the sending party, treatment of patients as well as their transfer in medical institutions are carried out or organized by the host Party. In such cases, the part of shipment supports all of the costs are related.

Art. 12-1. The Parties supported their own costs to activities arising from the present slack, if any further action be agreed or stipulated in points 2 and 3 of this article.
2. the costs incurred for official public events in connection with the activities of the host Party and authorized by the Commander of the KAIPTC or his replacement are supported by the host Party, provided that no further action be agreed.
3. the costs incurred by actions of Personnel in the party of sending in the exercise of activities within the KAIPTC, which are approved by the Commander of the KAIPTC or his replacing and who are not already covered by the sending party, are supported by the host Party or the KAIPTC.

Art. 13 for the purposes of this MoU, the part of sending staff is allowed access to military and other facilities of the party host as part of its legislation.

Art. 14. the competent authorities required organize meetings and consultations for the evaluation, coordination or planning activities in relation to the present MoU.

Art. 15. the disagreements and disputes that arise between the Parties about the interpretation or application of the present MoU are resolved through negotiation.

Art. 16-1. After signature, the present MoU comes into force the day where both Parties will mutually informed that all the national constitutional procedures required for the entry into force are resolved.
2. This MoU may be terminated in writing by either of the Parties. If necessary, the present MoU expires 90 days after receipt of the notification, provided that the Parties agree not to other measures.
3. the present MoU may be completed at any time by mutual agreement between the Parties. Each change requires the written form and enter into force the day where both Parties will mutually informed that all the national constitutional procedures required for the entry into force are resolved.
4. notwithstanding termination of this MoU, all of the financial obligations due under the present slack continues to be subject to the provisions of this MoU.
Made in Accra, July 18, 2012, in two original copies, one in English and one in German language, both texts being identical. In case of divergences in their interpretation, the English text is authentic.

To the Swiss federal Council: for the Government of the Republic of Ghana: Andrea Semadeni Joseph Henry Smith witness: witness: Christof Gertsch KM Offei RO 2012 5849 the German original text is published under the same number, in the German edition of this compendium.
RS 0.120 State on September 17, 2012

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