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12979 Bulgaria - Agreement Concerning Economic, Technical and Related Assistance


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12979

 

 


ECONOMIC AND TECHNICAL COOPERATION

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and BULGARIA

 

Signed at Sofia July 27, 1998

 

 

 




NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

BULGARIA

Economic and Technical Cooperation

Agreement signed at Sofia July 27, 1998;
Entered into force February 1, 1999.

AGREEMENT
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND
THE GOVERNMENT OF THE REPUBLIC OF BULGARIA CONCERNING
ECONOMIC, TECHNICAL AND RELATED ASSISTANCE
The Government of the United States of America and the
Government of the Republic of Bulgaria
- recognizing the substantial efforts and progress which
the Republic of Bulgaria has made to advance its economic
and political development;
- recognizing that the Government of the United States of
America is undertaking, in consultation and cooperation
with the Government of the Republic of Bulgaria, a
program of economic, technical, and related assistance in
the Republic of Bulgaria;
- recognizing the important role played by United States
private organizations in implementing such assistance
programs;
- desiring to consolidate and confirm certain
arrangements and to establish a framework to govern and
facilitate the provision of assistance which has been
provided to date and which may be provided in the future
by the Government of the United States of America,
subject to the applicable laws and regulations of the
United States of America.
Hereby agree as follows:
Article 1. (a) The diplomatic mission of the United States of
America to the Republic of Bulgaria will carry out and
discharge the responsibilities of the Government of the United
States of America under this Agreement, and a section of that
diplomatic mission is established for this purpose. The
designated governmental entity will represent the Government
of the Republic of Bulgaria.
(b) Objectives and details of the program assistance with the
Government of the Republic of Bulgaria will be agreed through
Memoranda of Understanding and/or other written agreements
which will be signed, on behalf of the Government of the
Republic of Bulgaria, by: (i) the designated Bulgarian
governmental entity; and (ii) the interested Bulgarian
governmental entity.

Article 2. The Government of the Republic of Bulgaria shall:
(a) Make such contribution as may be appropriate and as agreed
to by both governments, permitted by its personnel, resources,
facilities, and general economic condition in furtherance of
the purposes for which assistance may be provided;
(b) Take appropriate steps to ensure the effective use of such
assistance;
(c) Provide the Government of the United States of America
with full and complete information concerning the
implementation of assistance provided by the Government of the
United States of America as well as other relevant information
which representatives of the Government of the United States
of America may need in order to assess the nature, scope and
effectiveness of such assistance programs, projects, and
operations; and
(d) Upon notice within a reasonable period of time, permit
observation and review by representatives of the Government of
the United States of America of any assistance programs,
projects, and operations funded by the Government of the
United States, and records pertaining thereto.
Article 3. In order to assure the maximum benefit to the
people of the Republic of Bulgaria from the assistance to be
furnished hereunder and except as may be agreed by the two
governments:
(a) Services, commodities, supplies and equipment or other
property utilized in connection with assistance programs
funded by the Government of the United States may be imported,
exported, purchased, used or disposed of in the Republic of
Bulgaria free from any customs duties, import taxes, export
taxes, value-added taxes (VAT), taxes on purchase or
disposition of property and other taxes or similar charges
unless the above contravenes the assistance programs funded by
the Government of the United States or the written agreements
described in Article 1(b).
(b) Any public or private organization that has responsibility
for implementing assistance programs funded by the Government
of the United States in the Republic of Bulgaria shall be
exempt from any income or other taxes imposed by the
Government of the Republic of Bulgaria or any subdivision
thereof, with respect to income derived from the
implementation of assistance programs funded by the Government
of the United States. Income derived from other activities in
the Republic of Bulgaria is not exempted by this Agreement
from taxation under the laws of the Republic of Bulgaria.
(c) All personnel (and their families), except nationals or
permanent residents of the Republic of Bulgaria, who are under
contract with or are employees of any public or private
organization that has responsibility for implementing
assistance programs funded by the Government of the United
States, and who are present in the Republic of Bulgaria to
perform work in connection with assistance programs funded by
the Government of the United States, shall be:
I) Exempt from any income, social security or other
taxes levied under the laws of the Republic of Bulgaria
with respect to income derived from assistance programs
funded by the Government of the United States;
II) Exempt from any customs duties, import taxes, VAT
and other similar taxes and charges upon personal or
household goods imported into the Republic of Bulgaria
within a period of six months from the date of their
first arrival in the Republic of Bulgaria for the
personal use of such personnel and members of their
families, and such personal or household goods may be
used in and exported from the Republic of Bulgaria free
from any such taxes;
III) Exempt from any taxes on rent or other taxes on
leases for the premises used as the primary residences
in the Republic of Bulgaria, of such personnel and their
families; and
IV) Entitled to a resident visa, issued without fees or
other charges, for the entire period in which they are
required to perform work in the Republic of Bulgaria in
connection with assistance programs funded by the
Government of the United States.
(d) United States citizen employees of the Government of the
United States of America (together with their families forming
part of their respective households), except nationals or
permanent residents of the Republic of Bulgaria, who are
assigned to the diplomatic mission of the United States to
perform work in connection with assistance programs funded by
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the Government of the United States and who are not accorded
diplomatic status shall enjoy a status equivalent to that
accorded to administrative and technical staff personnel
working at the United States Embassy. This Article 3(d) shall
not apply to employees of: (i) institutional contractors; (ii)
grantees; and (iii) cooperative agreement recipients
performing work in connection with assistance programs funded
by the Government of the United States.
(e) In the event that the Government of the Republic of
Bulgaria does not have procedures to exempt payment of taxes,
pursuant to this Article 3, at the point of sale or
importation, the Government of the Republic of Bulgaria agrees
to refund the payment of such taxes pursuant to a reasonable
refund system. The Government of the Republic of Bulgaria
agrees that the Ministry of Finance will develop uniform
procedures for reimbursement of such taxes.
(f) Nothing in this Agreement shall be construed to derogate
from the privileges and immunities to which personnel are
otherwise entitled.
Article 4. Funds brought into the Republic of Bulgaria for
assistance programs funded by the Government of the United
States:
(a) Shall be allowed to be converted into the currency of the
Republic of Bulgaria at the rate providing the largest number
of units of such currency per United States dollar which, at
the time the conversion is made, is not unlawful in the
Republic of Bulgaria; and
(b) Shall not be subject to restrictions or requirements that
are within the competence of the Government of the Republic of
Bulgaria, or any subdivision thereof, that govern import,
export, investment, deposit or use of such funds.
Article 5. The Government of the United States of America and
the Government of the Republic of Bulgaria may from time to
time enter into implementing arrangements to assist in the
implementation of this Agreement.
Article 6.
(a) This Agreement shall enter into force upon the first day
of the first month after the exchange of diplomatic notes
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confirming that the parties have completed their respective
requirements for the entry into force of this Agreement. This
Agreement shall apply to organizations and individuals as of
the date of their arrival in the Republic of Bulgaria in
connection with assistance programs funded by the Government
of the United States, whether before or after the date this
agreement enters into force, and shall also apply to
assistance provided before or after such date, and any customs
duties, taxes or other similar charges covered by this
Agreement that are due but not paid by any individuals or
organizations funded by assistance programs of the Government
of the United States before the entry into force of this
Agreement shall not be paid. The Government of the Republic
of Bulgaria shall not make a refund or reimbursement to any
individuals or organizations funded by assistance programs of
the Government of the United States that paid such customs
duties, taxes or similar charges in accordance with Bulgarian
legislation before the date of entry into force of this
Agreement. This Agreement may be amended or revised by
written consent of the parties.
(b) This Agreement shall remain in force until thirty (30)
days after the receipt by either party of written notification
of the intention to terminate the Agreement. Notwithstanding
any such termination, this Agreement shall be applicable to
assistance furnished before the termination.
IN WITNESS WHEREOF, the undersigned, duly authorized for this
purpose, have signed this Agreement.
Done at Sofia, the Republic of Bulgaria in duplicate, in the
English and Bulgarian languages, the texts being equally
authentic, on the 27th day of July 1998.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: REPUBLIC OF BULGARIA:
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