MINISTRY OF FOREIGN AFFAIRS
The Hague, 6 July 2015
Dear Mr. Dieye,
I have the honour to refer to the Treaty between the Kingdom of The Netherlands and the International Finance Corporation (“IFC”) concerning the African Training and Management Services (ATMS) Project of the United Nations Development Programme (the “Treaty with IFC”) of 13 April 1989. This Treaty with IFC, Attachment A, grants the ATMS project and therefore AMSCO (the “besloten vennootschap met beperkte aansprakelijkheid AMSCO B.V.) several privileges especially concerning taxes and import duties. Afterwards, since 1999, the Treaty with IFC has been, in accordance with its Article 16, paragraph 3, tacitly extended on an annual basis.
IFC informed me that in 2013, the United Nations Development Program (“UNDP”) together with IFC and the African Development Bank (“AfDB”) renewed the ATMS Project (“ATMS V”) for a new period of five years, from January 1, 2013 and ending December 31, 2017.
IFC – on renewal of ATMS V – indicated that it would continue in its role as Executing Agency of the project until 31 December 2015, when IFC shall: (i) cease to be Executing Agency on behalf of UNDP; (ii) exit as Custodian Trustee of the ATMS Foundation; and (iii) exit as shareholder in AMSCO BV. IFC and the Kingdom of the Netherlands have therefore concluded that there is no longer any basis for the Treaty with IFC as of 31 December 2015 and that as a consequence that Treaty ceases to have effect between IFC and the Kingdom of the Netherlands from that same date.
To ensure a smooth transition and successful continuation of the ATMS Project, UNDP has agreed that AMSCO BV will take over the role of Executing Agency, now titled “Implementing Partner”, for the remaining period of the Project ending December 31, 2017.
In order to cover the continuing works of AMSCO BV and the ATMS Foundation, the Government of the Kingdom of the Netherlands has the honour to propose a new Treaty, as attached (B), between UNDP and the Kingdom of the Netherlands concerning the African Training and Management Services (ATMS) Project of the United Nations Development Programme. The Treaty proposed is identical to the Treaty with IFC, apart from the elements that reflect UNDP being the Contracting Party instead of IFC.
If the provisions of the Treaty, as attached (B), are acceptable to UNDP, the Government of the Kingdom of the Netherlands has the further honour to propose that the Treaty with UNDP be considered concluded on the date of your affirmative reply and shall enter into force on the date referred to in Article 17 of the Treaty.
I avail myself of this opportunity to transmit to UNDP the assurances of my highest consideration.
Legal Affairs Department
Mr. Abdoulaye Mar Dieye
Assistant Administrator and Regional Director Regional Bureau for Africa
United Nations Development Programme