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13106 Botswana - Agreement Concerning an International Law Enforcement Academy


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13106

 

 

JUDICIAL ASSISTANCE

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and BOTSWANA

 

 

Signed at Gaborone July 24, 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.”

 

BOTSWANA

Judicial Assistance

Agreement signed at Gaborone July 24, 2000;
Entered into force July 24, 2000.

AGREEMENT BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF BOTSWANA
CONCERNING AN INTERNATIONAL LAW ENFORCEMENT
ACADEMY
The Government of the United States of America (the "United States")
and the Government of Botswana ("Botswana") (hereinafter referred to as
"the Parties"),
In view of their long-standing and close cooperation in law enforcement
and their mutual interest in combating transnational crime and developing
closer regional law enforcement cooperation;
Have agreed as follows:
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ARTICLE 1
ESTABLISHMENT AND STATUS
OF THE ACADEMY
The International Law Enforcement Academy ("the Academy") is
hereby established in Botswana. The Academy shall operate as a joint
effort of the United States and Botswana.
ARTICLE 2
OBJECTIVES
The objectives of the Academy shall be:
1. to support criminal justice institution-building in
Africa, with an emphasis on rule of law,
democratization and the building of law enforcement
capacity.
2. to strengthen cooperation among countries in Africa
to address problems of narcotics and crime.
3. to provide quality training and institution-building
assistance to combat transnational crimes including;
terrorism, narcotics trafficking, financial crimes,
cyber crime, illegal firearms trafficking and migrant
smuggling; and
4. to strengthen cooperation among the law
enforcement communities of Botswana, the
United States, other African countries and elsewhere.
ARTICLE 3
IMPLEMENTATION OF THE AGREEMENT
The executive agent responsible for fulfilling the terms of this
Agreement shall be, for the United States, the Department of State, and,
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for Botswana, the Ministry of State President. Guidelines for
implementing this agreement will be detailed in a separate document.
ARTICLE 4
JOINT UNITED STATES — BOTSWANA COMMITTEE
There shall be a high-level Joint United States -Botswana Committee
(hereafter the "Joint Committee") to provide overall policy guidance to
the Academy. The Joint Committee shall operate by consensus and shall
exercise the responsibilities conferred on it under this Agreement. The
Joint Committee shall consist of one senior representative appointed by
each Party and such other members as are agreed upon by those
representatives, provided that there shall be an equal number of
representatives from each Party and the total membership shall not
exceed eight. In addition, the Program Director and the Managing
Director shall be ex-officio members of the Committee. Each Party shall
notify the other of the appointment of its senior representative through the
diplomatic channel. The Joint Committee shall report to the Parties and
its actions shall be subject to the approval of the Parties. The Chair of the
Joint Committee shall rotate between the two Parties. The Joint
Committee shall meet twice a year unless otherwise agreed by the Parties.
ARTICLE 5
ORGANIZATION OF THE ACADEMY
1. The Academy shall be headed by a Program Director named
and funded by the United States who shall have authority and
responsibility for the operation of the Academy, subject to the overall
authority of the Director of Police Training of Botswana in respect of the
use of facilities that are jointly used by the Police College and the
Academy. The Program Director shall be assisted by at least one Deputy
Director named and funded by the United States.
2. The Academy shall have a Managing Director named and
funded by Botswana who shall be responsible for the administration and
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management of the Academy facility and for the supervision of any
Botswana Government personnel assigned to the Academy.
3. The Program Director and the Managing Director shall
jointly determine the internal structure and administrative rules
applicable to the Academy.
4. In consultation with the Joint Committee, the Program
Director may establish other offices and employ individuals to fill those
offices, provided that the United States shall fund all such offices.
5. In consultation with the Joint Committee, the Program
Director shall prepare by August 1 of each year an annual Training Plan
and Training Budget.
ARTICLE 6
FACILITIES FOR THE ACADEMY
1. Botswana shall identify the site and the facilities to serve the
Academy, to be agreed upon by the Parties.
2. (a) Subject to the availability of appropriated funds,
Botswana shall bear the costs of maintaining and operating the facilities,
on a cost recovery basis to the extent feasible.
(b) The Parties shall mutually decide on: plans for the design,
construction and/or renovation of the facilities; the contracting process to
be utilized; selection of contractors; and measures to supervise the
conduct of construction and/or renovation work.
3. Subject to the availability of appropriated funds which is a
matter for the United States Congress to decide, the United States shall
contribute $3 million toward the establishment of the Academy, and shall
also provide necessary equipment and furnishings.
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4. Ownership of the facilities, fixtures and furnishings of the
Academy shall be vested in Botswana, unless otherwise agreed by the
Parties.
5. The facilities dedicated exclusively to the Academy shall
remain so dedicated for the duration of this Agreement, unless otherwise
agreed by the Parties.
ARTICLE 7
PROGRAM AND OTHER COSTS
1. Subject to the availability of appropriated funds which is a
matter for the United States Congress to decide, the United States shall
bear the costs relating to the programs offered by the Academy, provided
that countries that are able to do so, other than Botswana, will fund their
students and instructors.
2. Program costs shall include a per diem allowance for each
student to cover lodging, meals and incidental expenses of the student,
plus recovery of Botswana's capital contribution to the construction of the
Academy, up to a limit of $4 million amortized over 30 years. Obligations
under this paragraph will cease if and when this Agreement is terminated.
3. The Parties shall establish guidelines on the further definition
of costs described in Articles 6 and 7, and on the further allocation of
costs described in Article 6.
ARTICLE 8
OVERSIGHT
1. The Academy shall supply either Party, upon request, with
information regarding the use of funds or assets provided or financed by
that Party within the framework of this Agreement.
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2. The Parties shall evaluate jointly, on an annual basis, the
implementation of this Agreement, and shall provide each other with all
information necessary for such evaluations.
3. In the event of termination of this Agreement, the Academy
shall submit to the Parties a comprehensive report on the resources of the
Academy and the uses to which they were put.
4. If either Party so requests, the Academy's finances shall be
audited by an international independent Certified Public Accounting firm
chosen and paid for by the requesting Party.
5. In the initial stages, for as long as the United States deems
necessary, the United States will assign a financial manager to the
Academy. This manager will, subject to the supervision of the Program
Director, oversee all expenditures of United States funds.
ARTICLE 9
FISCAL YEAR
The Academy's fiscal year shall begin on October 1.
ARTICLE 10
TAXATION OF THE ACADEMY
1. Botswana shall ensure that goods and services imported for
purposes of constructing, renovating and operating the facilities of the
Academy shall be free of customs duties, import taxes, value-added taxes,
and any other similar taxes or charges.
2. Botswana shall ensure that the Academy will not be subject to
taxation or other state charges.
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ARTICLE 11
PRIVILEGES AND IMMUNITIES FOR
ACADEMY PERSONNEL
1. Upon notification by the United States, Botswana shall accord
the Program Director and other senior Academy officials privileges and
immunities equivalent to those accorded to diplomatic agents under the
Vienna Convention on Diplomatic Relations. This paragraph shall not
apply to any such individuals who are nationals of Botswana.
2. Upon notification by the United States, Botswana shall accord
instructors, advisors, consultants, and other members of the staff of the
Academy who are not nationals of Botswana privileges and immunities
equivalent to those accorded to members of the administrative and
technical staff of a diplomatic mission under the Vienna Convention on
Diplomatic Relations.
ARTICLE 12
OTHER BENEFITS FOR ACADEMY
INSTRUCTORS AND TRAINEES
1. An Academy instructor or trainee who is not a Botswana
national, and who is paid for by the United States or any other foreign
source and is temporarily in Botswana, shall be exempt from:
(a) any taxes imposed under the laws of Botswana with
respect to payments received from the Academy;
(b) any customs, import or export duties or taxes
otherwise imposed upon personal or household
goods brought to Botswana;
(c) any taxes related to lease of a personal residence;
and
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(d) any obligation to obtain a work permit or to pay
social insurance contributions.
2. Botswana shall not charge for visas and residence permits
issued to Academy instructors and trainees who require them in respect of
their attendance or service at the Academy.
ARTICLE 13
DISPUTE SETTLEMENT
Any dispute regarding interpretation or implementation of this
Agreement shall be submitted in the first instance to the Joint Committee
for resolution. If the Joint Committee cannot resolve the dispute, it shall
be submitted to the Parties through their executive agents.
ARTICLE 14
ENTRY INTO FORCE, MODIFICATION
AND TERMINATION
1. This Agreement shall enter into force upon signature.
2. Either Party may request, through diplomatic channels,
consultations on amendment of this Agreement. This Agreement may be
amended by exchange of diplomatic notes.
3. Either Party may terminate this Agreement at any time by
giving written notice to the other Party, and the termination shall be
effective six months after the date of receipt of such notice.
4. If the Agreement is terminated by the United States before
September 30, 2010, due to a material breach of the Agreement on the part
of Botswana, Botswana shall reimburse the United States the depreciated
value at the time of termination of any fixtures, furnishings, equipment
(including computers), and vehicles funded by the United States.
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IN WITNESS WHEREOF, the undersigned, being duly authorized
by their respective Governments, have signed this Agreement.
DONE in Gaborone, on the 24th day of July, 2000.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT
UNITED STATES OF AMERICA: OF BOTSWANA:



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