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1 - TECHNICAL COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL

2 - MEMORANDUM OF UNDERSTANDING ON THE ESTABLISHMENT OF A BILATERAL CONSULTATION MECHANISM BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL

3 - AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL ON VISA EXEMPTION FOR HOLDERS OF DIPLOMATIC AND OFFICIAL/ SERVICE PASSPORTS


TECHNICAL COOPERATION AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL

The Government of the Federative Republic of Brazil
and
The Government of the Federal Democratic Republic of Nepal (hereinafter referred to as “Parties”),

Recognizing the wish to strengthen the existing ties of friendship between the Parties;

Considering the mutual interest in the improvement and in the enhancement of the social and economic development of their respective countries;

Convinced of the necessity to lay emphasis on sustainable development;

Recognizing the reciprocal advantages of technical cooperation in the areas of common interest; and

Desiring to develop cooperation which stimulates technical progress,

Hereby agree as follows:

Article I

This Technical Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of Nepal, hereinafter referred to as “Agreement”, aims to promote technical cooperation in the areas given priority by the Parties.

Article II

1. The implementation of this Agreement shall be done in accordance with Executive Programs, which will support the technical cooperation actions, detailed in programs, projects and activities.

2. The executing and coordinating institutions, as well as the sources of funding and operational mechanisms of the programs, projects and activities shall also be established through Executive Programs.

3. To develop the programs, projects and activities in the terms of this Agreement, the Parties may consider the participation of public and private sector institutions, as well as non-governmental organizations of both countries, as agreed upon Executive Programs.

4. The Parties shall jointly or separately contribute to implement the programs, projects and activities approved by the Parties, as well as seek the necessary financing from international organizations, funds, regional and international programs and other donors to implement the approved technical cooperation actions.

Article III

1. Meetings between representatives from the Parties shall occur in order to deal with issues related to technical cooperation actions, such as:

a) to evaluate and determine common priority areas which could be suitable for the implementation of technical cooperation;

b) to define mechanisms and procedures to be adopted by the Parties;

c) to examine and approve Work Plans;

d) to analyze, approve and implement technical cooperation programs, projects and activities; and

e) to evaluate the outcomes of programs, projects and activities implemented under the terms of this Agreement.

2. The venue and date of the meetings will be defined through diplomatic channels.

Article IV

Each Party shall guarantee that the documents, information and data obtained in the course of the implementation of this Agreement shall neither be released nor transmitted to third parties without previous consent, in writing, by the other Party.

Article V

The Parties shall assure to the personnel sent from one country to the other, under the terms of this Agreement, all the logistical support related to their installation and transport, to the access to the information required in order to carry out their specific duties, as well as other facilities to be defined in the Executive Programs.

Article VI

1. Each Party shall grant to the personnel travelling from one country to the other, as a result of this Agreement, as well as to their legal dependants, on the basis of reciprocity, provided that they are not Brazilians in Brazilian territory or Nepaleses in Nepalese territory or foreigners with permanent residence in Brazil/Nepal, the following:

a) official visa and other types of visa, according to the existing applicable rules of the Parties, requested through diplomatic channels;

b) exemption from taxes and other duties on the import of personal belongings needed for the first installation, in the first six months of stay, when the period of legal stay in the host country exceeds one year, except for taxes and other duties related to storage, transport and related services;

c) exemption identical to that mentioned in item “b” of this Article, when the same goods are being re-exported. If such personal belongings are not re-exported and are sold in Nepal or in Brazil, all customs duties, taxes, fees and other charges applicable under the local relevant rules and regulations shall be levied;

d) exemption from income taxes on salaries and benefits paid by the institutions from the Party which sent them. In the case of remuneration and daily allowances paid by the host institutions, the legislation of the host country shall apply, in compliance with agreements which may enter into force between the Parties on the avoidance of double taxation;

immunity from legal process in respect of spoken or written words and of all actions carried out in the performance of their official duties; and

repatriation support on a crisis situation.

2. The selection of personnel engaged on the actions under this Agreement shall be done by the Party sending them and be approved by the receiving Party.

Article VII

The personnel sent to the other country as a result of this Agreement shall behave in accordance with the terms of each program, project or activity, and shall abide by the domestic laws and regulations applicable in the territory of the host country, without prejudice to the provisions of Article VI of this Agreement.

Article VIII

1. All equipment and material items that may be provided by one Party to the other for the execution of programs, projects and activities developed under the terms of this Agreement shall be exempted from all import and export taxes and duties, as specified and approved under the respective Executive Program.

2. On completion of the programs, projects and activities, all equipment and material items that were not donated to the receiving Party shall also be re-exported with the same exemption from import and export taxes and government duties.

3. In case of importation and exportation of goods intended to be used in the execution of projects developed under this Agreement, the public institution in charge of the execution shall take the necessary measures for clearing customs of such goods.

Article IX

1. The present Agreement shall remain in force for a period of 5 (five) years, and may be extended automatically for equal and consecutive periods, unless one of the Parties notify the other, through diplomatic channels, its decision to terminate it. The termination shall come into effect 6 (six) months after the date of receipt of such notification.

2. In the event of termination of this Agreement, programs, projects and activities under execution shall not be affected, except when the Parties agree, in writing, otherwise.

3. Any dispute that may arise from the interpretation or implementation of this Agreement shall be solved by direct negotiations between the Parties, through diplomatic channels.

Article X

1. Each of the Parties shall notify the other, through diplomatic channels, the completion of the domestic procedures required for the approval of this Agreement, which shall enter into force on the date of receipt of the last notification.

2. The present Agreement may be amended at any time by the mutual written consent between the Parties, through diplomatic channels.

Done in Brasilia, on 3 August, 2011, in two (2) originals, in the Portuguese and English languages, both texts being equally authentic. In the case of divergence of interpretation, the text in English shall prevail.


MEMORANDUM OF UNDERSTANDING ON THE ESTABLISHMENT OF A BILATERAL CONSULTATION MECHANISM BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL

The Government of the Federative Republic of Brazil
and
The Government of the Federal Democratic Republic of Nepal (hereinafter referred to as "Parties"),

Reflecting the desire of both countries to develop and further enhance the friendly relations between both countries;

Considering that regular consultation and an exchange of views on bilateral relations and international matters of mutual interest would be of reciprocal benefit;

Reaffirming their conviction that the further development of friendly relations and cooperation between the two countries will contribute to international peace and security by means of creating mutual confidence, understanding and cooperation in international relations;

Have reached the following understanding:

Article 1

The Parties hereby establish regular bilateral consultations between the Ministry of Foreign Affairs the Federal Democratic Republic of Nepal and the Ministry of External Relations of the Federative Republic of Brazil (hereinafter referred to as "Consultations"), with the aim of reviewing all aspects of their bilateral relationship and to exchange views on international affairs of mutual interest.

Article 2

The Consultations will include, inter allia, a review of the relationship in the political, economic, commercial, investment, tourism, financial, industrial, scientific, transportation, cultural, educational, social, environmental, sport, technical and technological fields.

Article 3

The Parties agree that the Consultations should be conducted in a spirit of flexibility, mutual understanding and cooperation. The Consultations may be held annually or more frequently as deemed necessary. The level of representation, venue, dates, agenda and duration of each meeting shall be determined by mutual agreement through diplomatic channels.

Article 4

The outcome of the Consultations will not be made public, unless otherwise agreed upon by the Parties.

Article 5

The Parties may set up working groups or expert meetings in order to discuss specific areas of common interest.

Article 6

This Memorandum of Understanding may be amended upon mutual agreement of the Parties in writing, through diplomatic channels.

Article 7

The present Memorandum of Understanding will come into effect on the date of its signature and will remain effective unless one of the Parties expresses its decision to terminate it, through diplomatic channels. Termination will be effective six months after the date of receipt of the notification.

Article 8

The termination of the present Memorandum of Understanding will not affect the execution and the duration of any activity resulting from this Memorandum of Understanding, unless the Parties agree otherwise.

Done in Brasilia, on 3 August 2011, in two originals, in the Portuguese and English languages, both texts being equally authentic. In case of divergence of interpretation, the English text will prevail.


AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF NEPAL ON VISA EXEMPTION FOR HOLDERS OF DIPLOMATIC AND OFFICIAL/ SERVICE PASSPORTS

The Government of the Federative Republic of Brazil
and
The Government of the Federal Democratic Republic of Nepal (hereinafter referred to as “Parties”),

Compelled by the willingness to strengthen the relationship between the two countries;

Desiring to facilitate the entry into each other’s territory of nationals of each Party holders of diplomatic, official or service passports,

Hereby agree as follows:

Article 1

Citizens of either Party, holders of a valid diplomatic and official/ service passport, not accredited in the territory of the other Party, may enter into, exit from, transit through and stay in the territory of the other Party, without a visa, for a period not exceeding 90 (ninety) days, from the date of entry.

Article 2

Extension of the period mentioned in Article 1 may be granted by the competent authorities of the receiving country on the basis of written request by the Diplomatic mission or Consular post of the sending country.

Article 3

In case there is no Diplomatic mission or Consular post of one of the Parties, holders of diplomatic and official/ service passports may consult the Consular Department of the Ministry of Foreign Affairs of the receiving country.

Article 4

Citizens of either Party, holders of a valid diplomatic and official/ service passport, who are members of Diplomatic mission or Consular post accredited in the territory of the other Party, as well as their dependants who live with them and are holders of a valid diplomatic, official or service passport, may enter into, exit from, transit through or stay in the territory of the other Party without a visa during the period of their assignment, provided they have complied with the accreditation requirements of the other Party within 30 days after their arrival in the territory of the other Party.

Article 5

Citizens mentioned in this Agreement may enter or exit the territory of the other Party through all border-crossing points open to international passenger traffic.

Article 6

Citizens of either Party shall comply with the laws and regulations in force, during their stay in the territory of the other Party.

Article 7

This Agreement does not curtail the right of either Party to deny entry or to shorten the stay of citizens of the other Party considered undesirable.

Article 8

1. The Parties shall exchange, through diplomatic channels, specimens of their valid diplomatic and official/ service passports, mentioned in this Agreement, no later than 30 (thirty) days after the date of signature of this Agreement.

2. In case of introduction of new diplomatic, official or service passports or modification of the existing ones, the Parties shall exchange, through diplomatic channels, specimens of these passports, accompanied by detailed information on their technical aspects and applicability, not later than 30 (thirty) days prior to its application.

Article 9

For reasons of security, public order or public health, either Party may suspend the application of this Agreement in whole or in part. Any such measure, as well as its revocation, shall be notified to the other Party, at the earliest possible time, through diplomatic channels.

Article 10

1. This Agreement shall be valid for an indefinite period of time and shall enter into force 30 (thirty) days from the date of the receipt of the second diplomatic note in which the Parties inform each other that the national legal requirements for entry into force of this Agreement have been met.

2. This Agreement may be modified or amended by mutual consent between the Parties, through diplomatic channels. The modifications or amendments shall enter into force as mentioned in paragraph 1 of this Article.

3. Each of the Parties may, at any time, terminate this Agreement through diplomatic channels. The termination will be effective 90 (ninety) days after the receipt of the notification.

4. Any dispute related to the interpretation of this Agreement shall be settled amicably by the Parties through diplomatic channels.

Signed at Brasilia, on 3 August 2011, in two originals, in the Portuguese and English languages, both texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

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