Agreement between the Government of Australia and the Organizations participating in the Technical Assistance Sector of the United Nations Development Programme (United Nations; International Labour Organisation; Food and Agriculture Organization; United Nations Educational, Scientific and Cultural Organization; International Civil Aviation Organization; World Health Organization; International Telecommunication Union; World Meteorological Organization; International Atomic Energy Agency; Universal Postal Union; Intergovernmental Maritime Consultative Organization; United Nations Industrial Development Organization) concerning Technical Assistance for the Territory of Papua and the Trust Territory of New Guinea [1968] PITSE 1 (21 May 1968)

AGREEMENT BETWEEN THE UNITED NATIONS, THE INTERNATIONAL LABOUR ORGANISATION, THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS, THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL TELECOMMUNICATION UNION, THE WORLD METEOROLOGICAL ORGANIZATION, THE INTERNATIONAL ATOMIC ENERGY AGENCY, THE UNIVERSAL POSTAL UNION, THE INTERGOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION AND THE UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION AND THE GOVERNMENT OF AUSTRALIA

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THE UNITED NATIONS, THE INTERNATIONAL LABOUR ORGANISATION, THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS, THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL TELECOMMUNICATION UNION, THE WORLD METEOROLOGICAL ORGANIZATION, THE INTERNATIONAL ATOMIC ENERGY AGENCY, THE UNIVERSAL POSTAL UNION, THE INTERGOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION AND THE UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION: ORGANIZATIONS PARTICIPATING IN THE TECHNICAL ASSISTANCE SECTOR OF THE UNITED NATIONS DEVELOPMENT PROGRAMME (HEREINAFTER CALLED "THE ORGANIZATIONS"), AND THE GOVERNMENT OF AUSTRALIA (HEREINAFTER CALLED "THE GOVERNMENT");

DESIRING to give effect in the Territory of Papua and the Trust Territory of New Guinea (hereinafter called "the Territories") to the resolutions and decisions of the Organizations relating to technical assistance which are intended to promote the economic and social progress and development of peoples;

1. The Organizations shall provide the Government with technical assistance for the Territories, subject to the availability of the necessary funds. The Organizations, acting jointly or separately, and the Government shall cooperate in arranging, on the basis of requests received from the Government and approved by the Organizations concerned, mutually agreeable programs of operations for the carrying out of technical assistance activities.

2. Such technical assistance shall be furnished and received in accordance with the relevant resolutions and decisions of the Assemblies, Conferences and other organs of the Organizations; technical assistance rendered within the technical assistance sector of the United Nations Development Programme shall, in particular, be furnished and received in accordance with the Observations and Guiding Principles set forth in Annex I of Resolution 222A(IX) of the Economic and Social Council of 15 August 1949, and in Resolution 2029(XX) of 22 November 1965, of the General Assembly of the United Nations.

(a) making available the services of experts, in order to render advice and assistance to or through the Government for the Territories;

(b) organizing and conducting seminars, training programs, demonstration projects, expert working groups, and related activities in such places as may be mutually agreed;

(c) awarding scholarships and fellowships or making other arrangements, under which candidates nominated by the Government and approved by the Organizations concerned shall study or receive training outside the Territories;

(d) preparing and executing pilot projects, tests, experiments or research in such places as may be mutually agreed upon;

(e) providing any other form of technical assistance which may be agreed upon between the Organizations and the Government.

(b) In the performance of their duties, the experts shall act in close consultation with the Government and with persons or bodies designated by the Government and shall comply with instructions from the Government as may be appropriate to the nature of their duties and the assistance to be given and as may be mutually agreed upon between the Organizations concerned and the Government.

(c) The experts shall, in the course of their advisory work, make every effort to instruct any technical staff whom the Government may associate with them, in their professional methods, techniques and practices, and in the principles on which these are based.

5. Any technical equipment or supplies which may be furnished by the Organizations shall remain their property unless and until such time as title thereto may be transferred to the Government on terms and conditions mutually agreed upon between the Organizations concerned and the Government.

6. The Government shall be responsible for dealing with any claims resulting from operations in the Territories under this Agreement which may be brought by third parties against the Organizations jointly or separately and their experts, agents and employees and shall hold harmless the Organizations and their experts, agents and employees in case of any claims or liabilities resulting from such operations, except where it is agreed by the Government and the Administrator of the United Nations Development Programme and the Organization concerned that such claims or liabilities arise from the gross negligence or wilful misconduct of such experts, agents or employees.

1. The Government shall do everything within its means to ensure the effective use of the technical assistance provided and, in particular, agrees to apply to the fullest possible extent the provisions set forth in Annex I to Resolution 222A(IX) of the Economic and Social Council under the heading "Participation of Requesting Governments".

2. The Government and the Organizations concerned shall consult regarding the publication, as appropriate, of any findings and reports of experts that may prove of benefit to other countries and to the Organizations themselves.

3. In any case the Government will, as far as practicable, make available to the Organizations concerned information on the actions taken as a consequence of the assistance rendered and on the results achieved.

4. The Government shall associate with the experts such staff as may be mutually agreed upon and as may be necessary to give full effect to the provisions of Article I, paragraph 4(c).

1. The Organizations shall defray, in full or in part, as may be mutually agreed upon, the costs necessary to the technical assistance which are payable outside the Territories as follows:

(b) the costs of transportation and subsistence of the experts during their travel to and from the point of entry into the Territories;

(e) purchase and transport to and from the point of entry into the Territories of any equipment or supplies provided by the Organizations concerned;

(f) other expenses outside the Territories approved by the Organizations concerned.

2. The Organizations concerned shall defray such expenses in the currency of the Territories as are not payable by the Government under Article IV paragraphs 1 and 2 of this Agreement.

1. The Government shall contribute to the cost of the technical assistance by paying for, or directly furnishing, the following facilities and services that are necessary to fulfil any program of operations:

(a) local personnel services, technical and administrative, including local secretarial help, interpreter-translators, and related assistance;

(d) transport of personnel, supplies and equipment for official purposes within Australia and the Territories;

(f) such medical services and facilities for technical assistance personnel as may be available to the civil servants of the Territories.

(b) Before the beginning of each year or of any other period agreed between the Government and the Administrator of the United Nations Development Programme, the Government shall pay against its contribution an advance in such amount as may be determined by the Administrator under the resolutions and decisions referred to in sub-paragraph (a) of this paragraph. At the end of each such year or period, the Government shall pay or be credited with, as the case may be, the difference between the amount paid by it in advance and the full amount of its contribution payable in accordance with sub-paragraph (a) of this paragraph.

(c) The contributions of the Government towards such local allowances shall be paid to such account as may be designated for this purpose by the Secretary-General of the United Nations, and in accordance with such procedures as may be agreed between the Government and the Administrator of the United Nations Development Programme.

(d) The Government and an Organization may agree on other arrangements for financing the local allowance of experts whose services are made available under a technical assistance program financed from the regular budget of the Organization.

(e) The term "expert" as used in this paragraph also includes any other technical assistance personnel assigned by the Organizations for service in the country pursuant to this Agreement except any Representative in the Territories of the United Nations Development Programme and his staff.

3. In appropriate cases, the Government shall put at the disposal of the Organizations, jointly or separately, such labour, equipment, supplies and other services or property as may be needed for the execution of the work of their experts and other officials and as may be mutually agreed upon.

4. The Government shall defray such portion of the expenses to be paid outside the Territories as are not payable by the Organizations and as may be mutually agreed upon.

(a) to the United Nations and its organs including the UNDP, its property, funds and assets, and to its officials, including technical assistance experts, the Convention on the Privileges and Immunities of the United Nations and

(b) to the Specialized Agencies, their property, funds and assets and to their officials, including technical assistance experts, the Convention on the Privileges and Immunities of the Specialized Agencies, in regard to which the positions of the Government and of the Organizations have been placed on record in letters exchanged on the day of signature of this Agreement.

2. Until such times as the Government becomes a party to the Agreement on the Privileges and Immunities of the International Atomic Energy Agency, the Government shall give full and sympathetic consideration to any proposal for granting suitable privileges and immunities in the Territories to that Agency, its property, funds and assets, and to its officials and experts, either by amendment of this Agreement or otherwise.

3. The Government shall take all practicable measures to facilitate the activities of the Organizations under this Agreement and to assist experts and other officials of the Organizations in obtaining such services and facilities as may be required to carry on these activities. When carrying out their responsibilities under this Agreement the Organizations, their experts and other officials shall have the benefit of the most favourable legal rate of conversion of currency.

2. The provisions of this Agreement shall not apply to technical assistance rendered to the Government by an Organization under its regular program of technical assistance, where such technical assistance is governed by an Agreement concluded between the Government and the Organization.

3. This Agreement may be modified by agreement between the Organizations then parties to the Agreement and the Government. Any relevant matter for which no provision is made in this Agreement shall be settled by the Organization or Organizations concerned and by the Government in keeping with the relevant resolutions and decisions of the Assemblies, Conferences, Councils and other organs of the Organization or of the Organizations. Each party to this Agreement shall give full and sympathetic consideration to any proposal for such settlement advanced by any other party.

4. If all or any of the Organizations should desire to withdraw from the Agreement and give written notice accordingly to the other parties to the Agreement, the Agreement shall cease to have effect, in relation to each Organization that so gives notice, on the 60th day after receipt by the Government of that notice. If the Government should desire that the Agreement cease to have effect between the Government and one or more of the Organizations and give written notice accordingly to that Organization or those Organizations and to the other parties to the Agreement, the Agreement shall cease to have effect between the Government and any such Organization on the 60th day after receipt by that Organization of the notice.

IN WITNESS WHEREOF the undersigned, duly appointed representatives of the Organizations and of the Government, respectively, have on behalf of the parties signed the present Agreement done in duplicate at this 21st day of May 1968 in the English language.

FOR THE GOVERNMENT OF AUSTRALIA:	FOR THE UNITED NATIONS, THE INTERNATIONAL LABOUR ORGANISATION, THE FOOD AND AGRICULTURAL ORGANIZATION OF THE UNITED NATIONS, THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION, THE INTERNATIONAL CIVIL AVIATION ORGANIZATION, THE WORLD HEALTH ORGANIZATION, THE INTERNATIONAL TELECOMMUNICATION UNION, THE WORLD METEOROLOGICAL ORGANIZATION, THE INTERNATIONAL ATOMIC ENERGY AGENCY, THE UNIVERSAL POSTAL UNION, THE INTERGOVERNMENTAL MARITIME CONSULTATIVE ORGANIZATION AND THE UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION:

[Signed:]	[Signed:]
PATRICK SHAW	PAUL G HOFFMAN
Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations	Administrator United Nations Development Programme

[Letter from the Australian Permanent Representative to the United Nations, NewYork, to the Administrator of the United Nations Development Programme]

I have the honour to refer to the Agreement signed today between the Government of Australia and the Organizations participating in the technical assistance sector of the United Nations Development Programme for the furnishing of technical assistance to the Territory of Papua and the Trust Territory of New Guinea. In this connection I should like to convey to you the following observations of the Government of Australia concerning this Agreement:

(a) No activities involving the International Finance Corporation or involving accrual of income of the International Finance Corporation are envisaged under the Agreement.

(b) The services of persons ordinarily resident in Australia or in the Territories who are not officials of the Specialized Agencies at the time of approval by a Participating and Executing Agency of a request for assistance shall, if required on a particular assistance activity, be provided by the Government, unless otherwise agreed by the Parties.

(c) It will not be possible for the Government to give full effect to Article IV, section II, of the Convention on the Privileges and Immunities of the Specialized Agencies, which requires each State party to the Convention to grant specialized agencies in its territory, treatment not less favourable than that accorded by the Government of that State to any other Government in the matter of priorities, rates and taxes on telecommunications.

(d) With regard to paragraph I(b) of Article V, the Government understands that if a Specialized Agency wishes to import into the Territories any goods the importation of which is ordinarily prohibited or restricted by the laws in force in the Territories, it shall consult with the Government and give full and sympathetic consideration to representations made by the Government. This understanding does not affect such obligations as have been assumed by the Government of Australia with respect to the Conventions on the Privileges and Immunities of the United Nations and of the Specialized Agencies.

(e) The Government understands that any dispute between the UNDP or the Organization concerned and the Government under paragraph 6 of Article I of the Agreement which cannot be settled by negotiation or other agreed mode of settlement shall, at the request of either Party, be resolved by arbitration. The procedures to be followed in any arbitration shall be substantially similar to those provided under Article IX of the Agreement between the Government and the United Nations Development Programme (Special Fund Sector).

If the foregoing observations are acceptable to the Organizations participating in the technical assistance sector of the United Nations Development Programme, I have the honour to suggest that the present letter, together with your reply in that sense, shall be regarded as placing on record the positions on this matter of the Government of Australia and of the Organizations participating in the technical assistance sector of the United Nations Development Programme.

[Letter from the Administrator of the United Nations Development Programme to the Australian Permanent Representative to the United Nations, New York]

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

The Organizations participating in the technical assistance sector of the United Nations Development Programme take note of the observations expressed by your Government as set out in the letter quoted above, and agree that your letter, together with this reply, shall be regarded as placing on record the positions on this matter of the Government of Australia and of the Organizations participating in the technical assistance sector of the United Nations Development Programme. With respect to Article V of the Agreement I confirm that technical assistance experts are officials of the United Nations or of the Specialised Agencies.

Pacific Islands Treaty Series