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MEMORANDUM OF AGREEMENT

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE

AND

@ THE WEST AFRICA RICE DEVELOPMENT ASSOCIATION (WARDA)

FOR

WARDA'S MANGROVE RICE RESEARCH PROGRAM

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MEMORANDUM OF AGREEMENT

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF SIERRA LEONE

AND

THE WEST' AFRICA RICE DEVELOPMENT ASSOCIATION (WARDA)

FOR WARDA'S MANGROVE RICE RESEARCH PROGRAM

The Government of the Republic of Sierra Leone and the West Africa Rice Development Association:

1. WHEREAS WARDA is an autonomous intergovernmental scientific research organization established in 1970 and made up of member states;

2. WHEREAS WARDA is an international agricultural research center within the Consultative Group on International Agricultural Research (CGIAR) system with the mandate to carry out research on rice for the benefit of the countries of West Africa;

3 . WHEREAS the member states of WARDA, and especially Sierra Leone which is a founding member, approved the Revised Constitution of WARDA on 16 December 1986 and thus expressed their special interest that WARDA continue to carry out its activities under satisfactory conditions and their belief that it is essential that WARDA have a personality and the attributes that correspond with its international mandate, its international sources of financing and the international character of its staff;

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4 . WHEREAS the CGIAR is an association of national governments, multilateral aid agencies, private foundations and other organizations that have contributed to the establishment of a network of international agricultural research centers and provide their financial support to this network for the purpose of increasing agricultural production throughout the developing world;

5. WHEREAS the World Bank, the Food and Agriculture Organization of the United Nations (FAO) and the United Nations Development Program (UNDP) are the three co-sponsors of the CGIAR;

6. WHEREAS the Revised Constitution adopted by the Council of Ministers stipulates that WARDA shall have a legal personality recognized under international law which will allow it to accomplish all acts in conformity with its objectives within the scope of the powers granted to it by the aforementioned Revised

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Constitution and that, in particular, it shall have the ability to enter into agreements with the Government of Sierra Leone in order to conclude appropriate arrangements governing the status of WARDA's Mangrove Rice Research program; 0

Agree to the following;

ARTICLE I

DEFINITIONS

For the purpose of this Agreement:

The term "Government" shall refer to the Government of Sierra Leone.

The term "WARDA" shall refer to the West Africa Rice Development Association.

The "Council of Ministers" shall refer to the WARDA Council of Ministers made up of representatives from all the Association's member states.

The "Board of Trustees" shall refer to the WARDA Board of Trustees as defined in the Revised Constitution of WARDA.

The "Director General" shall mean the Director General of WARDA or any other staff member acting on his behalf whose identity he has communicated to the Government.

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The "Research Program Leader" shall refer to the WARDA Mangrove Rice Research Program Leader who will also nominally represent the Director General in Sierra Leone.

The expression "WARDA staff" shall refer to the Director General and the specialized and administrative staff of WARDA as defined by the Director General.

The term "Program Facilities" shall refer to the premises that WARDA's Mangrove Rice Research Program will occupy in Sierra Leone.

The expression "Resident" shall apply to those employees recruited in Sierra Leone and elsewhere.

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LEGAL STATUS

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WARDA shall have the necessary legal capacity to achieve its objectives and to carry out its activities as an intornotional organization. In particular, it shall have the capacity to enter into agreements, contracts and arrangements, to acquire or to dispose of movable or immovable property, a s well as the capacity to institute legal proceedings.

ARTICLE I11

RESEARCH AND ADMINISTRATIVE PREMISES

The Government shall make available to WARDA land appropriately located for the construction and or establishment of research and administrative facilities for WARDA's programs.

- WARDA is authorized to place its emblem on its Research and Administrative Facilities, on its vehicles and on all other property or goods belonging to it.

ARTICLE IV

INVIOLABILITY OF THE RESEARCH AND ADMINISTRATIVE PREMISES

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WARDA's research and administrative premises shall be inviolable. The premises shall be under the control and authority of WARDA. The Government recognizes that WARDA is entitled to enact regulations necessary to carry out its activities within those premises.

WARDA shall not allow its premises to harbor any person being pursued following the commission of a crime or a misdemeanor or who is the subject of an arrest warrant, a criminal penalty or an expulsion order issued by competent Sierra Leonean authorities.

The authorities, staff or agents of the Republic of Sierra Leone shall not enter WARDA's premises to perform their official functions except with the consent or at the request of WARDA through the Director General of WARDA or his representative. No legal action, including seizure of private property, shall be served within the premises except with the express consent of the Director General or his representative and under conditions approved by him.

Nevertheless, in case of 'force majeure, fire or any other disaster requiring immediate protective measures, consent shall be imputed to the Director General or his representative.

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5. The competent Sierra Leonean authorities shall take, insofar as possible, all neces,sary measures to protect the premises of WARDA against any intrusion or harm, to preserve its quiet enjoyment and to preserve its integrity.

ARTICLE V

PUBLIC SERVICES

1. The Government shall guarantee the provision of necessary public services to WARDA ' B facilities on a non-discriminatory basis. WARDA shall be responsible for paying the cost of such public services.

2. In the event of interruption or of threat of interruption of these services, the competent authorities shall consider WARDA's need for these services equally important as that of the Government and consequently shall take the necessary measures to ensure that WARDA's work does not suffer as a result of such a situation.

ARTICLE VI

COMMUNICATIONS AND PUBLICATIONS

1. A ) - All official communications addressed to WARDA or to WARDA staff and all official communications from WARDA, by whatever means or in whatever form, shall be exempt from all censorship and from any other form of interception or violation of their confidentiality;

B) - WARDA shall be permitted to install and use composite radio and telecommunications facilities, with the agreement of the competent Sierra Leonean authorities and under conditions prescribed by them;

C) - WARDA shall have the right to use codes, as well as to send and receive its correspondence and other official communications by sealed pouches which shall enjoy the same privileges and immunities as diplomatic pouches.

2. A ) - The Government shall grant WARDA the right to publish freely in its territory of Sierra Leone in the exercise of its functions.

B) - It is nevertheless understood that WARDA shall respect the laws and regulations of t h e Republic of Sierra Leone regarding intellectual property, as well as those international agreements to which Sierra Leone is a party.

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ARTICLE VI1

1. Without prejudice to the laws and regulations of the Republic of Sierra Leone governing the protection of nature, the environment, works considered as historical monuments and population, and without prejudice to the laws and regulations pertaining to national security, WARDA may:

A ) Carry out experimental work in designated or reserved zones on Sierra Leonean territory;

E) Use and transport radioactive material or biological or biochemical substances that it may need to carry out its activities. Within the framework of regional or international programs of cooperation, these materials and substances may freely enter or exit Sierra Leonean territory provided the Government is informed beforehand.

2. For the purpose of carrying out the activities mentioned in paragraphs l.A) and B) above, WARDA shall guarantee the essential safety precautions for the use and transportation of the substances and materials mentioned in paragraph l . B ) to ensure their harmlessness; the handling of the above materials and substances shall meet international safety standards and specifications.

3 . WARDA shall be authorized to import and export the biological and genetic material that it needs to conduct its scientific research so long as it complies with the laws and regulations in force in Sierra Leone concerning quarantine and inspection, in order to prevent the introduction or export of diseases and pests into or out of the country.

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4 . WARDA member states are the legal owners of all germplasm samples held by WARDA in Sierra Leone. WARDA shall be the legal custodian of all such samples. In the event force majeure conditions render necessary a general relocation, WARDA shall deposit its germplasm samples with the most appropriate international germplasm bank.

ARTICLE VIII

EXEMPTION FROM TAXES

1. WARDA, its assets, income and other property shall be exempt from:

A ) Any direct taxes, nevertheless, it is understood that WARDA shall not claim an exemption from taxes which, in fact, are only charges for public services.

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U) Cus toms d u t i e s and any p r o h i b i t i o n s o r r e s t r i c t i o n s on t h e impor t and e x p o r t by WARDA of ar t ic les f o r i t s o f f i c i a l u s e . However, it is unders tood t h a t ar t ic les imported i n accordance w i t h t h e p r o v i s i o n s of t h i s paragraph s h a l l n o t be s o l d i n S i e r r a Leone, e x c e p t unde r c o n d i t i o n s p r e s c r i b e d by t h e GovernmQnt . C ) impor t s and e x p o r t s of i t s p u b l i c a t i o n s .

Customs d u t i e s and any p r o h i b i t i o n s o r r e s t r i c t i o n s o n

Imported goods b e n e f i t t i n g from t h e s e p r o v i s i o n s may n o t be sold or t r a n s f e r r e d on S i e r r a Leonean t e r r i t o r y e x c e p t under c o n d i t i o n s p r e v i o u s l y approved by t h e competent S i e r r a Leonean a u t h o r i t i e s .

ARTICLE I X

F I N A N C I A L ACCOMMODATIONS

S u b j e c t t o t h e r e l e v a n t l a w s and r e g u l a t i o n s i n Sierra Lconc3, WARDA may, w i t h i n t h e framework of i t a o f f i c i n l a c t i v i t i e s , f r e e l y ;

A ) Acquire f o r e i g n currencies and funds i n l e g a l l y c o n s t i t u t e d banks, ho ld them, make use of them, and o p e r a t e accoun t s i n c o n v e r t i b l e cu r rency ;

B ) T r a n s f e r Leones w i t h i n t h e t e r r i t o r y of t h e Repub l i c of S i e r r a Leone and f o r e i g n cur renc ies i n t o c o u n t r i e s o u t s i d e S i e r r a Leone o r conve r se ly .

Without p r e j u d i c e t o paragraphs l . A ) and B ) above, WARDA s h a l l e n j o y t h e same exchange f a c i l i t i e s as o t h e r i n t e r n a t i o n a l o r g a n i z a t i o n s r e p r e s e n t e d i n S i e r r a Leone.

ARTICLE X

ENTRY, TRAVEL AND STAY

The Government s h a l l n o t impede t h e t r a n s b o r d e r movement t o and from WARDA of any i n v i t e e o r p e r s o n d i s c h a r g i n g o f f i c i a l d u t i e s f o r WARDA, excep t i n s o f a r a s j u s t i f i e d by r e a s o n s of p u b l i c o r d e r .

The Government a g r e e s i n t h i s r e g a r d t o a u t h o r i z e e n t r y and r e s i d e n c e i n S i e r r a Leone f o r t h e d u r a t i o n of t h e i r appointment o r mis s ion a t WARDA of t h e f o l l o w i n g p e r s o n s and t h e i r dependent f ami ly :

A ) members of t h e Counci l of M i n i s t e r s ;

B ) members of t h e Board of T r u s t e e s ;

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C ) t h e Research Program Leader;

D ) The D i r e c t o r G e n e r a l , t h e Deputy D i r e c t o r G e n e r a l , o t h e r WARDA s ta f f members.

3 . WARDA s h a l l communicate i n advance t o t h e Government t h e names of t h e s e pe r sons , t h e i ? spouses , dependent f a m i l y members, as w e l l as any o t h e r r e l e v a n t i n f o r m a t i o n a b o u t them.

4. Without pre judice t o t h e s p e c i a l immunit ies from which t h e y would have b e n e f i t t e d , t h e persons r e f e r r e d t o i n p a r a g r a p h 2 may n o t , d u r i n g t h e e n t i r e d u r a t i o n of t h e i r appoin tment o r mis s ion , be compelled by t h e competent Sierra Leonean a u t h o r i t i e s t o l e a v e S i e r r a Leonean t e r r i t o r y e x c e p t i n t h e case where t h e y have abused t h e p r i v i l e g e s t o which t h e y are e n t i t l e d d u r i n g t h e i r r e s i d e n c y by car ry ing o u t a c t i v i t i e s u n r e l a t e d t o t h e i r appoin tments or m i s s i o n s a t WARDA.

5 . The pe r sons r e f e r r e d t o i n t h i s a r t i c l e s h a l l n o t be exempt from t h e a p p l i c a t i o n of q u a r a n t i n e and p u b l i c h e a l t h

I r e g u l a t i o n s i n f o r c e .

ARTICLE X I

I D E N T I T Y CARDS 0 1. The D i r e c t o r Genera l o r t h e Research Program Leader s h a l l p r o v i d e a l i s t of members of t h e Counci l o f M i n i s t e r s , t h e Board of T r u s t e e s and WARDA s t a f f members based i n S i e r r a Leone t o t h e Government p e r i o d i c a l l y and s h a l l keep it informed of any m o d i f i c a t i o n s t o t h i s l i s t .

2 . The Government s h a l l i s s u e t o a l l t h o s e WARDA s t a f f r e s i d e n t i n S i e r r a Leone, upon n o t i f i c a t i o n of t h e i r appoin tment , a c a r d w i t h a photograph of t h e b e a r e r c e r t i f y i n g t h a t he i s a WARDA s t a f f member. T h i s card s h a l l be accep ted by t h e competent a u t h o r i t i e s as

WARDA s t a f f member. I c e r t i f y i n g t h e i d e n t i t y of t h e b e a r e r and h i s s t a t u s as a

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SOCIAL SECURITY

1. WARDA s h a l l n o t be r e q u i r e d t o c o n t r i b u t e t o a s o c i a l s e c u r i t y p l a n i n S i e r r a Leone, and t h e Government s h a l l n o t r e q u i r e WARDA s t a f f t o j o i n t such a p l a n .

. I n accordance w i t h t h e p r o v i s i o n s decided upon by mutual agreement , t h e Government s h a l l t a k e t h e n e c e s s a r y measures t o e n a b l e any WARDA s t a f f member who i s n o t p r o t e c t e d by a

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WARDA s o c i a l s e c u r i t y p l m t o j o i n , a t t h e l a t t e r ' s r e q u e s t , a s o c i a l s e c u r i t y p lan i n S i e r r a Leone. WARDA s h a l l , on the b a e h of t h e mutua l ly ag roed p r o v i e i o n e , e n a b l e the members of i t s s t a f f r e c r u i t e d l o c a l l y who do n o t b e n e f i t from i t s s o c i a l s e c u r i t y p l a n t o j o i n a S i e r r a Leonean s o c i a l s e c u r i t y p l a n and t o p r o v i d e them w i t h p r o t e c t i o n a t least e q u i v a l e n t t o t h a t required by t h e laws and r e g u l a t i o n s of t h e Republ ic of S i e r r a Leone .

ARTICLE X I 1 1

PRIVILEGES AND IMMUNITIES OF WARDA STAFF

1. WARDA s t a f f s h a l l en joy i n S i e r r a Leone t h e f o l l o w i n g p r i v i l e g e s and i m m u n i t i e s :

A) Immunity from j u r i s d i c t i o n , even f o l l o w i n g t h e t e r m i n a t i o n of t h e i r appointment , f o r a l l acts per formed, i n c l u d i n g a l l words spoken and w r i t t e n , i n t h e per formance of t h e i r d u t i e s . T h i s immunity s h a l l n o t e x t e n d t o a WARDA s t a f f f o r i n f r a c t i o n s of t r a f f i c o r motor v e h i c l e r u l e s and r e g u l a t i o n s o r for damage caused by a t r a f f i c o r motor v e h i c l e d r i v e n by o r be longing t o h i m , I t i s n e v e r t h e l e s s unders tood , that WARDA s h a l l t a k e o u t a n i n s u r a n c e p o l i c y c o v e r i n g a l l damage caused by a WARDA o f f i c i a l v e h i c l e .

B ) Exemption from a l l t a x e s on salar ies and r emunera t ion a r i s i n g o u t of t h e i r a c t i v i t i e s on beha l f o f WARDA.

C ) Exemption from any d u t y t o perform n a t i o n a l s e r v i c e and from any o t h e r compulsory s e r v i c e i n S i e r r a Leone.

D ) A s p e c i a l r e s i d e n c e pe rmi t i s s u e d by t h e competent a u t h o r i t i e s f o r themselves , t h e i r spouses and dependent c h i l d r e n .

E ) Exemption from customs d u t i e s and levies on p e r s o n a l and household e f f e c t s imported by WARDA s t a f f and t h e members of t h e i r fami ly d u r i n g t h e f i rs t s i x months of t h e i r t o u r of du ty i n S i e r r a Leone. These a r t ic les s h a l l n o t be s o l d o r t r a n s f e r r e d excep t under c o n d i t i o n s f i x e d by t h e Government.

F ) Temporary admission of one v e h i c l e p e r f a m i l y , imported o r a c q u i r e d , on t h e c o n d i t i o n t h a t t h i s v e h i c l e s h a l l n o t be s o l d o r t r a n s f e r r e d w i t h i n two y e a r s from t h e d a t e of import o r a c q u i s i t i o n . A s t a f f member s h a l l have t h e r i g h t t o r e p l a c e a v e h i c l e on t h e same c o n d i t i o n s a f t e r a p e r i o d of two years.

G ) I n a d d i t i o n t o irhports connec ted w i t h f i r s t i n s t a l l a t i o n , t h e Government s h a l l a c c o r d , on a c u r r e n t bas i s , d u t y f r e e impor ts of r e a s o n a b l e q u a n t i t i e s of household goods, f o o d s t u f f , l i q u o r and o t h e r a r t ic les f o r consumptions.

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* I 1 During p e r i o d s of i n t e r n a t i o n a l crisis, t h e same r e p a t r i a t i o n f ac i l i t i e s t h a t are enjoyed by t h e members of d i p l o m a t i c mis s ions a c c r e d i t e d t o t h e S i e r r a Leonean Government f o r t h e i r spouses and dependents .

I ) The same exchange f a c i l i t i e s t h a t are en joyed by s t a f f of comparable r ank i n d i p l o m a t i c mis s ions accredited t o t h e S i e r r a Leone Government.

The Director Genera l and t h e Deputy D i r e c t o r Genera l shall e n j o y , d u r i n g t h e i r t e r m of o f f i c e , t h e same p r i v i l e g e s and i m m u n i t i e s a s t h o s e en joyed by d i p l o m a t i c s t a f f any t i m e t hey v i s i t S i e r r a Leone.

Members of t h e Counci l of M i n i s t e r s and t h e Board of T r u s t e e s a t t e n d i n g meet ings convened by WARDA s h a l l e n j o y , d u r i n g t h e i r s t a y i n S i e r r a Leone, i n t h e performance of t h e i r d u t i e s a t WARDA and d u r i n g t h e i r t rave l t o and from t h e p l a c e of meet ing , t h e p r i v i l e g e s and immuni t ies accorded t o d i p l o m a t i c s t a f f .

ARTICLE X I V

S i e r r a Leonean n a t i o n a l s and permanent r e s i d e n t s i n S i e r r a Leone and any s t a f f r e c r u i t e d under l o c a l c o n d i t i o n s of s e r v i c e s h a l l n o t e n j o y t h e p r i v i l e g e s and immunit ies r e f e r r e d t o i n

ARTICLE XV

1. The p r i v i l e g e s and i m m u n i t i e s env i saged by t h e Agreement have n o t been provided i n o r d e r t o g r a n t t o t h e i r b e n e f i c i a r i e s p e r s o n a l b e n e f i t s . They have been p rov ided w i t h t h e s o l e aim of e n s u r i n g i n a l l c i r c u m s t a n c e s t h e smooth o p e r a t i o n of WARDA and t h e complete independence o f t h e pe r sons t o whom t h e y have been p rov ided .

2. The D i r e c t o r Genera l o r t h e Deputy D i r e c t o r Genera l o r , i f concerned , t h e members of t h e Counci l of M i n i s t e r s , t h e Board of T r u s t e e s and t h e Government of t h e S t a t e concerned s h a l l have t h e r i g h t and o b l i g a t i o n t o waive t h i s immunity when t h e y deem it i s an impediment t o t h e normal course of j u s t i c e and it i s p o s s i b l e t o waive i t wi thou t i m p a i r i n g t h e i n t e r e s t s of WARDA.

ARTICLE XVI

I SETTLEMENT' OF mspums 1. Any d i s p u t e between t h e Government and WARDA c o n c e r n i n g t h e

i n t e r p r e t a t i o n or a p p l i c a t i o n of t h i s Agreement o r of any subsequent arrangement which cou ld n o t be s e t t l e d th rough

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negotiations shall, unless the Parties decide otherwise, be submitted to an Arbitration Tribunal made up of three members, one appointed by the Minister of Foreign Affairs of Sierra Leone, another by the Director General of WARDA and the third, who shall serve as the President of tho Arbitration Tribunal, by mutual, agreement of the other two.

If the first two members of the Arbitration Tribunal cannot aqree on the choice of the third member within six months of their appointment, the third member shall be appointed by the President of the International Court of Justice at the request of the Government or WARDA.

The procedural rules governing the arbitration proceeding shall be those established by the Arbitrators, failing which the rules established by the United Nations Commission on International Trade Law (UNCITRAL) shall apply

The decision of the Arbitration Tribunal shall be fully enforceable, without any right of appeal.

ARTICLE XVII

GENERAL PROVISIONS

The provisions of this Agreement shall not in any way affect the right of the Government to take measures it deems necessary for the security of Sierra Leone and for the preservation of public order.

Without prejudice to the privileges and immunities granted by this Agreement, WARDA and all those who enjoy these privileges and immunities shall be required to respect the laws and regulations of Sierra Leone. They shall also have an obligation not to interfere in the internal affairs of Sierra Leone.

The Director General shall take all necessary measures to prevent any abuse of the privileges and immunities granted by virtue of this Agreement. He shall, to this end, promulgate rules and regulations which he deems necessary and appropriate for WARDA staff and all others for whom they seem necessary.

If the Government determines that there has been an abuse of a privilege or of an immunity granted by this Agreement, consultations shall take place, at its request, between th,e Director General and the competent authorities to determine if such an abuse has occurred. In the event that these consultations do not lead to a satisfactory result for the Government and the Director General, the matter shall be settled in accordance with the procedure set forth in Article XVI.

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The provisions of this Agreement shall be applicable to any person to whom reference is made in the Agreement, whether or not the Government maintains diplomatic relations with the State of which the said person is a national, and whether or not the said State provides a similar privilege or immunity to diplomatic staff and nationals of Sierra Leone.

In all cases where this Agreement imposes obligations on competent authorities, the Government shall have the final responsibility to carry out these obligations.

This Agreement shall be interpreted in the light of its principal objective, which is to enable WARDA to perform its duties fully and effectively.

This Agreement may be revised at the request of either Party. In order to do this, the two Parties shall consult each other on amendments to be made to the provisions of the Agreement. In the event that the negotiations do not lead to an understanding within one year, this Agreement may be denounced by either Party, subject to one year's notice.

WARDA and the Government may conclude subsequent agreements as they become necessary.

The provisions of this Agreement shall enter into force from the date of signature.

Done in Freetown on the day of AUGUST1991 in two copies in English.

FOR THE GOVERNMENT REPUBLIC OF SIERRA

OF THE FOR THE WEST AFRICA RICE LEONE : DEVELOPMENT ASSOCIATION:

M i n e Foreign Affairs Director G