Whereas the Government of the Netherlands Antilles (hereinafter referred to as “the Government”) desires to avail itself of assistance from the United Nations/FAO World Food Programme (hereinafter referred to as “the World Food Programme”) and
Whereas the World Food Programme is agreeable to affording such assistance at the specific request of the Government,
Now therefore the Government of the Kingdom of the Netherlands (hereinafter referred to as “the Government of the Kingdom”), acting on behalf of the Government of the Netherlands Antilles, and the World Food Programme have entered into this Agreement embodying the conditions under which such assistance may be given by the World Food Programme and utilized by the Government in accordance with the General Regulations of the World Food Programme:
Article I. Assistance requests and agreements
4 When it has been decided that the World Food Programme will give assistance in respect of a development project, a Plan of Operations shall be agreed to by the Government and the World Food Programme. In the case of emergency relief operations letters of understanding shall be exchanged in lieu of the conclusion of a formal instrument between the Government and the World Food Programme.
Article II. Execution of development projects and emergency relief operations
1 The primary responsibility for execution of development projects and emergency operations shall rest with the Government, which shall provide all personnel, premises, supplies, equipment, services and transportation and defray all expenditure necessary for implementation of any development project or emergency operations.
The Government of the Kingdom assumes international responsibility for any arrangements concluded or undertakings entered into by the Government of the Netherlands Antilles pursuant to the present Agreement, in the same manner as if they had been concluded or entered into in the name of the Government of the Kingdom.
3 In respect of each project the Government shall designate, in agreement with the World Food Programme, an appropriate agency to implement the project. Should there be more than one food assistance project in the country, the Government shall designate a central coordinating agency for regulating supplies of food as between the World Food Programme and the projects and between the projects themselves.
5 The Government shall ensure that the commodities supplied by the World Food Programme are handled, transported, stored and distributed with adequate care and efficiency and that the commodities and the proceeds of their sale, when authorized, are utilized in the manner agreed upon between the Parties. In the event that they are not so utilized, the Programme may require the return to it of the commodities or the sales proceeds, or both, as the case may be.
Article III. Information concerning projects and emergency operations
1 The Government shall furnish the World Food Programme with such relevant documents, accounts, records, statements, reports and other information as the World Food Programme may request concerning the execution of any development project or emergency operation, or its continued feasibility and soundness, or concerning the fulfilment by the Government of any of its responsibilities under the present Agreement or any agreement concluded by virtue thereof.
4 The Government shall assist in any evaluation of a project that the World Food Programme may undertake, as stated in the relevant Plan of Operations, by maintaining and furnishing to the Programme records required for this purpose. Any final evaluation report prepared shall be submitted to the Government for its comments and subsequently to the UN/FAO Intergovernmental Committee, together with any such comments.
Article IV. Assistance from other sources
In the event that assistance towards the execution of a project is obtained by the Government from sources other than the World Food Programme the Government and the World Food Programme shall consult each other with a view to effective coordination of assistance from the Programme and other sources.
Article V. Facilities, privileges and immunities
2 The Government of the Kingdom and the Government of the Netherlands Antilles shall apply the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies to the World Food Programme, its property, funds and assets and to its officials and consultants.
3 The Government shall be responsible for dealing with any claims which may be brought by third parties against the World Food Programme or against its officials or consultants or other persons performing services on behalf of the World Food Programme under this Agreement and shall hold the World Food Programme and the above-mentioned persons harmless in case of any claims or liabilities resulting from operations under this Agreement, except where it is agreed by the Government and the World Food Programme that such claims or liabilities arise from the gross negligence or wilful misconduct of such persons.
Article VI. Settlement of disputes
Any dispute between the Government of the Kingdom and the World Food Programme arising out of or relating to this Agreement or a Plan of Operations which cannot be settled by negotiation or other agreed mode of settlement shall be submitted to arbitration at the request of either Party. The arbitration shall be held in Rome, Italy. Each Party shall appoint and brief one arbitrator and advise the other Party of the name of its arbitrator. Should the arbitrators fail to agree upon an award they shall immediately appoint an umpire. In the event that within thirty days of the request for arbitration either Party has not appointed an arbitrator, or that the arbitrators appointed fail to agree on an award and on the appointment of an umpire, either Party may request the President of the international Court of Justice to appoint an arbitrator or an umpire, as the case may be. The expenses of the arbitration shall be borne by the Parties as laid down in the arbitral award. The arbitral award shall be accepted by the Parties as the final adjudication of the dispute.
Article VII. General provisions
a) After the approval constitutionally required in the Kingdom of the Netherlands has been obtained, this Agreement shall enter into force on the date of receipt by the World Food Programme of a relevant notification for the Government of the Kingdom.
b) Nevertheless, the Government of the Kingdom and the World Food Programme shall provisionally apply the provisions of the present Agreement for a period not exceeding one year from the date on which the Agreement is signed.
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. Notwithstanding any such notice of termination, this Agreement shall remain in force until complete fulfilment or termination of all Plans of Operations entered into by virtue of this Basic Agreement.
4 The obligations assumed by the Government of the Kingdom and the Government of the Netherlands Antilles under Article V hereof shall survive the termination of this Agreement under the foregoing Section 3, to the extent necessary to permit orderly withdrawal of the property, funds and assets of the World Food Programme and the officials and other persons performing services on behalf of the Programme by virtue of this Agreement.
IN WITNESS WHEREOF, the undersigned duly appointed representatives of the Government of the Kingdom and of the World Food Programme respectively have on behalf of the Parties signed the present Agreement.
Signed ABE S. TUINMAN
For the Government of the Kingdom of the Netherlands
Name: Abe S. TUINMAN
Title: Permanent Representative of the Netherlands to FAO
Signed at: W. F. P. HEADQUARTERS
Date: 13 August 1971
Signed F. AQUINO
For the World Food Programme
Name: Francisco AQUINO
Title: Executive Director
Signed at: W. F. P. HEADQUARTERS
Date: 13 August 1971