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13093 Azerbaijan - Agreement Regarding Cooperation to Facilitate the Provision of Assistance


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13093

 

 

ECONOMIC ASSISTANCE

 

 


Agreement Between the
UNITED STATES OF AMERICA
and AZERBAIJAN


Signed at Baku May 11, 2000

 

 

 

 

 

 

 

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.”

 

AZERBAIJAN

Economic Assistance

Agreement signed at Baku May 11, 2000;
Entered into force August 21, 2000.

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN
REGARDING COOPERATION TO FACILITATE THE PROVISION OF
ASSISTANCE
The Government of the United States of America and the Government of the Republic of
Azerbaijan (hereinafter the "Parties"):
Recognizing the interests of the Government of the United States of America and the
Government of the Republic of Azerbaijan in cooperating to facilitate the provision of
humanitarian and technical economic assistance to benefit the people of Azerbaijan; and
Recognizing the need to make certain practical arrangements to help ensure the
effectiveness of that assistance;
Have agreed as follows:
Article I
Exemptions and Immunities
(A) Commodities, supplies, equipment, materials, technology, training, services or other
property, including funds, provided or utilized in connection with United States assistance
programs may be imported into, exported from, acquired in, or used in Azerbaijan free
from any valued-added taxes, property taxes, tariffs, dues, customs duties, import taxes,
and other similar taxes or charges imposed by the Government of the Republic of
Azerbaijan or any subdivision thereof.
(B) Any organization, including any United States Government organization, and any
person who is not a national of or ordinarily resident in Azerbaijan, that has responsibility
for implementing United States assistance programs, and any personnel or personal
services contractors of such an organization who are not nationals of or ordinarily resident
in Azerbaijan, shall be exempt from:
(1) any income, social security or other taxes imposed by the Government of the
Republic of Azerbaijan, or any subdivision thereof, regarding income received in
connection with the implementation of United States assistance programs; and
(2) the payment of any valued-added taxes, property taxes, tariffs, dues, customs
duties, import taxes, and other similar taxes or charges upon personal or household goods
imported into, exported from, or used in Azerbaijan for the personal use of such
personnel or members of their families.
(C) Any valued-added taxes, property taxes, tariffs, dues, customs duties, import taxes,
and other similar taxes or charges for which exemption is provided by this Agreement but
which are paid, subsequent to the entry into force of this Agreement, by an organization
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or person entitled to such exemption under this Agreement, shall be timely reimbursed to
such organization or person upon documented request.
(D) The access and movement of aircraft and vessels operated by or for the Government
of the United States of America in connection with United States assistance programs in
Azerbaijan shall be free of landing fees, navigation charges, port charges, tolls and
similar charges by the Government of the Republic of Azerbaijan or any subdivision
thereof.
(E) The Government of the Republic of Azerbaijan shall, in respect of legal proceedings
and claims, other than contractual claims, hold harmless and indemnify the Government
of the United States and its personnel, contractors, and contractors' personnel, against
damages, or death or injury to any persons in the Republic of Azerbaijan, arising out of
activities under this Agreement. The provisions of this Article shall not prevent the
Parties from
providing compensation in accordance with their national laws.
Article II
Status of Personnel
Civilian and military personnel of the United States Government present in Azerbaijan in
connection with United States assistance programs shall be accorded status equivalent to
that accorded administrative and technical staff personnel under the Vienna Convention on
Diplomatic Relations of April 18, 1961. Nothing in this agreement shall be construed to
derogate from privileges and immunities granted to such personnel under other
agreements.
Article III
Inspection and Audit
Upon reasonable request, representatives of the Government of the United States of
America may examine the utilization of any commodities, supplies, equipment, materials,
technology, training, services or other property, including funds, provided or utilized in
connection with United States assistance programs at sites of their location or use; and
may inspect or audit any records or other documentation in connection with the assistance
wherever such records or documentation are located during the period in which the United
States provides assistance to Azerbaijan and for three years thereafter.
Article IV
Use of Assistance
Any commodities, supplies, equipment, materials, technology, training, services or other
property, including funds, provided or utilized in connection with United States assistance
programs will be used solely for the purposes agreed upon between the Governments of
the United States of America and the Republic of Azerbaijan. If use of any such
commodities, supplies, equipment, materials, technology, training, services or other
property, including funds, occurs for purposes other than those agreed upon under such
programs, which the Government of the United States of America determines could
reasonably have been prevented by appropriate action of the Government of the Republic
of Azerbaijan, the Government of Azerbaijan upon request shall refund in United States
dollars to the Government of the United States of America the amount disbursed for such
commodities, supplies, equipment, materials, technology, training, services or other
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property, including funds. The Government of the United States of America may, in its
discretion, make available the amount refunded to finance other costs of assistance
provided for Azerbaijan.
Article V
Other Agreements
The Government of the United States of America and the Government of the Republic of
Azerbaijan recognize that further arrangements or agreements may be necessary or
desirable with respect to particular United States assistance activities. In case of any
inconsistency between this agreement and any such further written agreements, the
provisions of such further written agreements shall prevail.
Article VI
Entry Into Force
This Agreement shall be applied provisionally upon signature by the parties and shall
enter into force upon the date on which the parties exchange diplomatic notes confirming
the completion by each party of all applicable internal procedures required for the entry
into force of this agreement. This Agreement may be terminated by either Party upon 90
(ninety) days' prior written notice delivered to the other Party. In such event, the
provisions of this Agreement shall continue to apply with respect to assistance furnished
before the date of termination of this Agreement.
Done at Baku, this 11th day of May 2000, in duplicate in the English and Azerbaijani
languages, both texts being equal y authentic.
FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA REPUBLIC OF AZERBAIJAN
FOR THE GOVERNMENT OF THE



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