Basic Agreement Between the Government of Australia and the World Health Organization for the Provision of Technical Advisory Assistance to the Territory of Papua and the Trust Territory of New Guinea, and Exchange of Letters (together hereinafter referred to as the "Territory of Papua and New Guinea" or as "the territory") [1969] PITSE 2 (17 March 1969)

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BASIC AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE WORLD HEALTH ORGANIZATION FOR THE PROVISION OF TECHNICAL ADVISORY ASSISTANCE TO THE TERRITORY OF PAPUA AND THE TRUST TERRITORY OF NEW GUINEA (together hereinafter referred to as the "Territory of Papua and New Guinea" or as "the Territory")
(Manila, 17 March 1969)
ENTRY INTO FORCE: 17 MARCH 1969
THE GOVERNMENT OF AUSTRALIA (hereinafter referred to as "the Government"); and

THE WORLD HEALTH ORGANIZATION (hereinafter referred to as "the Organization");

DESIRING to give effect to the resolutions and decisions of the United Nations and of the Organization relating to technical advisory assistance, and to obtain mutual agreement concerning the purpose and scope of each project and the responsibilities which shall be assumed and the services which shall be provided;

DECLARING that their mutual responsibilities shall be fulfilled in a spirit of friendly cooperation;

1. The Organization will render technical advisory assistance to the Territory of Papua and New Guinea subject to budgetary limitations on the availability of funds. The Organization and the Government will cooperate in arranging, on the basis of the requests received from the Government and approved by the Organization, and in accordance with the basic conditions laid down by this Agreement, mutually agreeable Plans of Operation for the carrying out of the technical advisory assistance.

2. Such technical advisory assistance shall be furnished and received in accordance with the relevant resolutions and decisions of the World Health Assembly, the Executive Board and other organs of the Organization.

(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 Organization shall study or receive training outside the Territory;

(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 advisory assistance which may be mutually agreed upon by the Organization and the Government.

(a) The advisers who are to render advice and assistance will be selected by the Organization in consultation with the Government.

(b) The advisers will be responsible to the Organization for the performance of their duties, but will act in close consultation with the Government and with persons or bodies so authorized by the Government, and will comply with instructions from the Government or from persons or bodies authorized by the Government as to the nature of their duties and assistance to be given and as mutually agreed upon between the Organization and the Government.

(c) The advisers will, in the course of their work, make every effort to instruct any technical staff 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 furnished by the Organization will remain its property unless and until such time as title may be transferred in accordance with the policies determined by the World Health Assembly at the date of transfer.

1. The Government will do everything in its power to ensure the effective use of the technical advisory assistance provided.

2. The Government and the Organization will consult each other regarding the publication of any findings and reports of advisers that may be of benefit to other countries and the Organization.

3. The Government will collaborate with the Organization in the furnishing and compilation of findings, data, statistics and such other information as will enable the Organization to analyse and evaluate the results of programs of technical advisory assistance.

1. The Organization shall defray, in full or in part, as may be mutually agreed upon, the costs of the technical advisory assistance payable outside the Territory as follows:

(a) the salaries and subsistence (including per diem travel allowances) of the advisers;

(b) the costs of transportation of the advisers during their travel to and from the Territory;

(e) purchase and transport to and from the Territory of any equipment or supplies provided by the Organization;

2. The Organization shall defray such expenses in local currency as are not covered by the Government pursuant to Article IV, paragraph 1, of this Agreement.

3. The Organization undertakes to keep the Government informed of the progress of assistance being provided under this Agreement.

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

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

(d) transportation for personnel, supplies and equipment, for official purposes within the Territory;

(f) appropriate medical facilities and services for international personnel engaged in providing assistance.

2. The Government shall defray such portion of the expenses to be paid outside the Territory not covered by the Organization, pursuant to Article III paragraph 1 of this Agreement, as are mutually agreed upon.

3. In appropriate cases the Government shall put at the disposal of the Organization such labour, equipment, supplies and other services or property as may be mutually agreed upon for the execution of the Organization's work.

1. The Government shall, in the Territory, apply to the Organization, its officials, property, funds and assets the appropriate provisions of the Convention on the Privileges and Immunities of the Specialised Agencies, in regard to which the positions of the Government and of the Organization have been placed on record in letters exchanged on the day of signature of this Agreement.

2. The Government shall be responsible for dealing with any claims resulting from operations in the Territory under this Agreement which may be brought by third parties against the Organization and its advisers, agents and employees, and shall hold the Organization and its advisers, agents and employees harmless in case of any liability resulting from such operations in the Territory under this Agreement, except where it is agreed by the Government and the Organization that such claims or liabilities arise from the gross negligence or wilful misconduct of such advisers, agents or employees.

Any dispute between the Organization and the Government arising out of or relating to this Agreement which cannot be settled by negotiation or other agreed mode of settlement shall be submitted to arbitration at the request of either party to the dispute. Each party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint the third, who shall be the chairman. If within thirty days of the request for arbitration either party has not appointed an arbitrator, or if within fifteen days of the appointment of two arbitrators the third arbitrator has not been appointed, either party may request the President of the International Court of Justice to appoint an arbitrator. The procedure of the arbitration shall be fixed by the arbitrators, and the expenses of the arbitration shall be borne by the parties as assessed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the parties as the final adjudication of the dispute.

2. This Agreement may be modified by written agreement between the parties hereto, each of which shall give full and sympathetic consideration to any proposal by the other for such modification.

3. This Agreement may be terminated by either party by written notice to the other, and shall terminate sixty days after receipt of such notice.

IN WITNESS WHEREOF the undersigned, duly appointed representatives of the Organization and the Government respectively, have signed the present agreement in three copies.

FOR THE WORLD HEALTH ORGANIZATION:

[Signed:]

FRANCISCO J DY

Regional Director

FOR THE GOVERNMENT OF AUSTRALIA:

[Signed:]

FRANCIS STUART

Ambassador Extraordinary and Plenipotentiary to the Republic of the Philippines

[Letter from the Australian Ambassador, Manila, to the Regional Director, World Health Organization, Manila]
I

I have the honour to refer to the Agreement signed today between the Government of Australia and the World Health Orzanization for the provision of technical advisory assistance for the Territory of Papua and the Trust Territory of New Guinea (together hereinafter referred to as "the Territory"). In this connection, I should like to convey to you the following observations of the Government of Australia concerning this Agreement:

(a) The services of persons ordinarily resident in Australia or in the Territory who are not officials of the World Health Organization at the time of signature of relevant Plans of Operation shall, if required on the project, be provided by the Government, unless otherwise agreed by the parties.

(b) It will not be possible for the Government to give full effect to Article IV, section 11, of the Convention on the Privileges and Immunities of the Specialized Agencies, which requires each State party to the Convention to grant Specialized Agencies treatment in its territories 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.

(c) With regard to Article V of the Agreement, the Government understands that it will not be obliged to permit the importation into the Territory of articles whose importation is prohibited or restricted by laws and regulations which concern public security, health or morality or which are designed to prevent the introduction into Australia or the Territory of plant or animal diseases. The Government further understands that the World Health Organization will, before importing into the Territory any goods the importation of which is ordinarily prohibited or restricted by the laws in force in the Territory, consult with the Government and give sympathetic consideration to representations made by the Government. These understandings do not affect such obligations as have been assumed by the Government of Australia with respect to the Convention on the Privileges and Immunities of the United Nations and of the Specialized Agencies.

If the foregoing observations are acceptable to the World Health Organization, 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 of the Government of Australia and of the World Health Organization on this matter.

[Letter from the Regional Director, World Health Organization, Manila to the Australian Ambassador, Manila]
II

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

The World Health Organization takes note of the observations expressed by your Government as set out in the letter quoted above, and agreed that your letter, together with this reply, shall be regarded as placing on record the positions of the Government of Australia and of the World Health Organization on these matters.

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