A. TITEL

Verdrag tussen het Koninkrijk der Nederlanden en de Republiek Malawi inzake het project tot verbetering van de volksgezondheid in de districten Lilongwe, Mchisi en Nkotha-Kotha;

Lilongwe, 6 mei 1999

B. TEKST

Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Malawi

The Government of the Kingdom of the Netherlands

and

the Government of the Republic of Malawi

Have entered into the following Agreement:

Article I

1. The two Governments shall jointly execute a project to be known as ``Malawi Health Population and Nutrition Programme".

2. The aim of the project is to contribute to an improved health status of the Malawi population by 1. support to district health care in selected districts 2. support to the national health management information system (HMIS).

3. The project is planned to last 5 years and three months, with effect from 1 October 1998.

4. The value of the Netherlands contribution is estimated at 22 million Dutch Guilders.

5. The value of the Malawian contribution consists of recurrent health expenditures as projected in the national budget and is estimated at the MK equivalent of US $ 46 mln, which corresponds with $ 5.2 per capita (including essential drugs), for the three districts (respectively Lilongwe, Mchisi, and Nkotha-Kotha) and the contribution to the national HMIS, during the project period.

Article II

Both Governments shall establish by common consent a Project Document indicating in detail the contribution of either Party, the number of Netherlands personnel and their job-descriptions, the duration of their stay on the Project and a description of the equipment and materials to be made available.

Article III

The Malawi Government shall take any measures which may be necessary to exempt the Netherlands personnel from regulations or other legal provisions which may interfere with operations under this Agreement, and shall grant them such other facilities as may be necessary for the speedy and efficient execution of the project, as described in the Plan of Operations approved by both Governments. The Malawi Government shall,

1. grant the Netherlands personnel, their spouses and dependents, the prompt issuance free of charge of necessary visas, licences or permits;

2. grant the Netherlands personnel acces to the site of works in all necessary rights of way;

3. grant the Netherlands personnel free movements, whether within of to or from the country;

4. grant the Netherlands personnel the most favourable rate of exchange;

5. grant the Netherlands personnel, their spouses and their dependents repatriation facilities in time of national and international crises;

6. grant the Netherlands personnel, their spouses and dependents exemption from national services obligations;

7. exempt the Netherlands personnel from taxes, duties or fees on:

  • a) the salaries, emoluments or wages in connection with this Agreement paid by the Netherlands Government;

  • b) any property, for their personal use (including one motor vehicle) imported in or exported from the Netherlands or the country of permanent residence, if this is not the Netherlands;

8. grant the Netherlands personnel immunity from legal action in respect of words spoken or written and in respect of all acts performed by them in their official capacity.

Article IV

Privileges and immunities are not granted to the Netherlands personnel for the personal benefit of the individuals themselves. The Netherlands Government shall waive the immunity in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to its interests.

Article V

1. The Malawi Government shall indemnify and hold harmless the Netherlands Government and the personnel supplied by the Netherlands against any liability, arising from any act of omission made in the course of the performance of the duties of the Netherlands personnel and causing the death or physical injury to a third party of damage to the property of a third party, unless such liability derives from wilful misconduct or from gross negligence on the part of one or more of the experts.

2. If the Malawi Government has to deal with any claim in accordance with the preceding paragraph the Malawi Government will be entitled to exercise all rights to which the Netherlands or the Netherlands personnel are entitled.

Article VI

1. The Malawi Government shall exempt from all import and export duties and other official charges the equipment (including motor-vehicles) and other supplies provided by the Netherlands Government in connection with a project.

2. The ownership of all equipment and materials supplied by the Netherlands Government will be transferred to the Malawi Government at the end of the project, unless both Governments otherwise agree.

Article VII

1. This Agreement will enter into force for the period of one year on the day of its signature.

2. Unless this Agreement is denounced 30 days before the end of the year it is deemed to be prolonged indefinitely.

3. In case this Agreement is prolonged indefinitely the Agreement will end on the date on which the project has been completed.

4. After termination of the Agreement in conformity with the paragraphs 2 and 3 of this Article the provisions of the Agreement will be applied for a further period of 6 months maximum, with a view to the administrative completion of the project.

DONE in duplicate at Lilongwe on 6 May 1999 in the English language.

For the Government of the Kingdom of the Netherlands

(w.g.) K. P. M. DE BEER

For the Government of the Republic of Malawi:

Ministry of Finance and Economic Planning

(w.g.) CASSIM CHILUMPHA

D. PARLEMENT

Het Verdrag behoeft ingevolge artikel 7, onderdeel c, van de Rijkswet goedkeuring en bekendmaking verdragen niet de goedkeuring der Staten-Generaal, alvorens het Koninkrijk aan het Verdrag kan worden gebonden.

G. INWERKINGTREDING

De bepalingen van het Verdrag zijn ingevolge artikel VII, eerste lid, op 6 mei 1999 in werking getreden.

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat het Verdrag zal zijn bekendgemaakt in Nederland op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de dertigste mei 2002

De Minister van Buitenlandse Zaken,

J. J. VAN AARTSEN

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