Agreement between the Pakistan Agricultural Research Council (PARC) and the International Centre for Agricultural Research in the Dry Area (ICARDA)

AGREEMENT nf:THt:EN THE PAKISTAN AGRICULTURAL RESEARCH COUNCIL (PARC) AND THE INTERNATIONAL CENTRE FOR AGRICULTURAL RESEARCH IN nit; IJR.Y AP.:C:AS { ICARD A) l'h1S /\t;Kl'.:t.Mt.Nl macte this 3Ql.ll ctay or November, 1989 between the Pakistao Agricultural Research Couocil, an autooomous coi;pors1,te body established unde< the la!,{$ of l'<:1kistan octfog through its Chairman 011:n,lna[Let call«<.l "PARC") of Lhe one pa;rt and the lntel'.'.national Centre for Agricultural Research in the Dry Areas, an autonomous non-profit agricultural research centre established under the laws of Syria and L1;:li.:u1v11 Oi,.,u,lu<.1.C~ei 1,;.ulle~I "lCl\lU,)A") vf 1.1\e ,.nher pan., WHEREAS !CARDA is established to serve as an international centre for research into the improvement of barley, lentils and broadbeans (Vicia faba), and to serve as a regional centre in cooperation with other appropriate international ar,ricultural research centres for research in other crops of malor importance in the re1:don, such as ·bread Wheat. durum wheat and chickpea. AND Wl-l£,RE'.AS !CARDA conducts research into and develops, promotes and demonstrates improved systems of cropping, farming and livestock husbandry; and collaborates wich and fosters cooperation and commtniicatiofl among other national, regional 'and international institutions in the adaptation, testing and demonstrat:ion of improved crop, farming and livestock systems in order to foster and support training in resEiatch and other activities c,rnied out in furtherance of its chjectives, A.Nb WHEREAS ICARDA is one of ~ network of international i·nstitutes, sponsored and financed by the Consultative Group on International Agricultural Re!;lo!;lrch (h,;,rl:'!il\afr.e,r r:PfPrrPtl ti) 110: thi,, CGIAR), which is sponsored by the Food and Agriculture Organization of the United Nations, the International Bank for Reconstruction and Development, and the United Nations Development AND WHEREAS as part of ICARDA' s general resear,;h operations, it is initiatit\8 a nun1ber of programs in the countries of t:he Middle Ec.,;it and -North Aft:ic,i,. t,;, pr0v~d8 support:i.ng <:Prviee-.:: l:o Ulilt:i.,:,ns irl this tegion, ~rld to enab-le che ICARDA scientists to carry out work of importance to its international function, such as the evaluation of climatic ef[tH,:i.;:, 1 diu1,u;c e;urveill.,,nce and edophic oduptc.t;ion, in additio" to other location-specific aspects that cannot be ca:rried out on its principal stations. this resear:ch is to be carried out on ht. collaborat>.on with the scientists of the host countril;!s and one such country is Pakistan. HOW 'J:HJ'.S DEED Wl'I'Nli:SSlt.$ :md ·tho r.;1crt·ir~s h•»·Phy ::igrPf' tn t.he establishrni::.nt of a cooperative r~ses'-r.::.h program in Pakistan on th<:' terms and conditions set out hereundet. AR'l'ICLE I In order to achieve a fruitful rneasure of cooperit;iQn; both PARC and !CARDA mutually agree to: (a) the exchange of scientists and technologists; (li) the c.s~h.nnge of so:.rmpl<1.:1m ,:md b;r!ilQ-ding m;;otari~l~ in accordance with laws in force in Pakistani (c) the ex~hange of scientific literature, information ,i;1-t1d methodology; (d} the import and export of other items relevant to the cooperative research program. ARTICLE II Subject to personnel and budgetary limitatfons IC;\RDA will provide: (a) cons.ultancles. l::rom t'ne 1Chfil)k stai't Cil' othe.: il'ltetn.11.,,!.•J.nL\ Research Institutes to advise and M$ist the national research efforts of Pakistan; ,b) resident expaLt.:laL1:1 l.'=~,.,.,.rch apecialiiito i£ ami wh"t\, requin)d by PARC, and in pai:ticular u ruidQnt advieer~ at the An.d Zone Research Institute, Quetta as part of the PARC/U~AID/IC~A·MARt/ AZR project (1985-89) and. any cot\tin1.1ity of this project in the pede;,d 1!}89-1994; (c) visiting scientists; (d) scholarships for traintng national scientists at different lc..-cl<> ,:,£ 01.svJ-i,.,.., <>n<l ""PP<>>rt Eo>-• th0i.111 pq,rt-o,,:,;,.potli.on in ay,np.,,oi<>, vor\~ohop<> and conferences which are related to topics of mutual interests; (e) seed materials in quantities necess,U"y for expednu:mts and large sc.i.le adaptive resear.ch trials and demonstrations; (f) minor rese.i.rch items, literature and supplies not available i.n Pakistani (g) if tunds am allocated for chis purpose in the l'lARI/AZtt project - majox.- items of ·equipment for agricultural research aw specified as capital items in the MART/AZR project budget. This may include, but \Jill. not be restricted to, Such items as vehic.les, earth moving equipment, comp ut ors., ph,;, t:,:,c.:..piur.i , ·combi n" h:).t'\><U l:.111 r a , £al £-p ropo. l lod ~ O.<ild dri 1, l .i . ARTICLE III PARC will provide, subject to personnel and budgetary limitations: (a) facilities tor of.l;ice, laboi;-atory and land for research activities, as may b~ mutually agreed upon; (b) s-cientlfic aud uccornsary irnpputling tila.(£ .CVi Ch1:1 cvuv~n1Liv1:1 p·rojects, .iis may be mutually .1greed upon; and in particular senior counter..,. parts for all resident MART/AZR expatt:iat.e advisers at.the Arid Zone Research Institute, ,Quetta; (c) wi~l obtaiq expeditious clearance for entry into Pakistan of trainees, scholars and .visitors ccn;cerned with the !CARDA .program and in particulars .will obtaiti the necessary multiple entry residence visas from the GOP for all MART/AZR personnel without charge and w-ill renew these visas when necessary. In add-ition, wil l seek advance GOP clearance fot' .. a specified ,list ,of potential short term !CARDA staff participadng. "in brief consultancies and visits, Q'his list ,will be mutually agre•;id upon by !~ARDA resident MART/AZ~·and PARC personnel for the following 1~ month$ cl{; Lilu li~l:!,i11ni111:!, of .the y-e«i:, l:1a-thei:m,;ne, will streamline procedures ·for stat't ot the Arid Zone Research Institute and collaborating scientists in Biiluchistan to attend ICARDA organised or sponsored ·tt.aii1ing woi:kshO.ps, courses, symposia or seminars so that lead times for clearanc,e should not "-~C.::n1,d four ·we~ks so th.it: ft,ll ,.,tv;mr-.f8" r,,m b,. ,.,.kAn of' >111 oppnrt:.mit-i,,. ,;r. for collaboration between !CARDA and PARC; (cl) authorization in acco,rdance with laws fo for,:,.e in Pakistan fo,: unrc::itrict.c& movc111cat of ouch i;crmpla.cm into and out; 0£ pa.ld . .it:iin a'1 may be needed by ICARDA for cooper.itive programs in any part of the woi;ld consistent with the obligatory quarantine inspection to avoi.d the lntroduction or export of serious pests or disease. The PARC agrees to assure oromut and expeditious inspection of all mated.al .i.nd whe:i;e re.qtlest ed will arrange for customs clearance of such material at Ka~achi ox Jslamaqad. (e) exemption for all internationally recruited members of !CARDA staff for income derived from !CARDA from payment~of income tax and ocher relat:etl lax.c~ u11<.1ci ,.11.,, 1 .. w,, ur r ... 11.;.;;iinn; (f) any financial transaction under contracts bet'Ween PARC and !CARDA Will be fre~ from any taxation or fees itup6sed llflder the laws of J?akistan. In the .event of ICARDA having to pa:y such fees to. the Government they will bo rQimbursod on raquast by- PARC; (g) scientific equipment, apparatus /chemicals· e tc, , imported e~clusively for research vork under the fr~mework of collaborative pro~rams conclu(led between PARC and !CARDA wip be entitled to the exemption of customs duty and sales tax in terms ot Annex 4 of SRO 720 (I)/88> dated ZS.th August, 1988 (Appendix t) subject to observance of• conditions laid down therein, However, the goods which are not cover~d under the siad noti.fi.catiOn, if i.tttpo1:ted fol!' the .same .vurpose; will be cons1aered r.or spec1a! exempt1on ot customs duty and other taxes on ~asg to case basis considering the merit of e.ach case. Also the special exemption of tmpo,:t and lqra. surcherge1> of goods c:ovet"ed und(lr notification SRO 720 (I) /88, dated 25th Au·gust, 1988 will like.wise be consid-ered on case to case basis. (h) expatriate employees of !CARDA will be entitled to the concessions in accordance with the Model Rules ·for Customs concession to Privileged Personnel issued by the Central Board of Revenue (CBR) on 18th April, 1963 (Apperidix U) alongWith amendment· therein issued vide CBR Order No.10(44)Cus, Ex/86. dated 19th October, 1989 (Appendix III) and othe~ amendments made f.rom time to time. The concessions Model Rules, 196-3 will be .admissible only to those expatriate ('.mploye.es oJ; ICARD/\ whose stay in Pakistan ii; at least for one year or who tormally transfer their household (residence) to Pakistan, (i) PARC shall indemnify, save and hold harmless !CARDA and !CARDA personnel and their· families or dep(endents from and against all claims, demands oi;- 1.rnite that may be hrousht aguinot them provided that auch clo.ima, demands or suits are· not the result of negli"gence or willfully w-rongf ul acts of !CARDA or its personnel, families and dli!peadents, ARTICLE IV It is understood and agreed upon that: (a) benefits such as improved breeding !'1at:E>iraJ, ma .. hlnPY)I designs and techniques, accruing or arising £~om this coo perative .effort: may be used by eithC\lr or both parties, with recognition tif each party 1's contnoui:J:Yrfcl", (b) res earch findings will be published in the public interest, if.mutually agreed upon. ARTICLt;; V lt is forther agreed that; ('a) I'MC nnd !CARl)A rnny nnrnc uny rnombal!' of their t:tufJ: to work out the- practical details of cooperation between the two organizations and to.ensure the proper and effective implementation of this Agreement; (b) tbiS Agreement may be supplemente4 by workplans to be developed jointlyi which descdbe more specific.ally the <h.:t:;i,vi.t;;i,,>3 t;o ~t> .;;<;>rr:l,,:d ,;,µt: und,;:;r. t.hi;> <;<;,Qp,;;-.·ao;;i.,r,;. program and which set forth the envisaged contribution of each· par.ty. 'these worKplans may odgi.nate. with either party but will tequire full approval of both parties £or imµlementation. It is agreed that !CARDA may locate a person in Pakistan or name an agency in Pakistan as may be mutually agreed upon to support the effective implementation of this Agreement by !CARDA, ART!CLE VI The parties of this Agreement may, by mutual consent, add, modify, ARTICLE VII Any <li:spule 1:tri:;inl', u1,1l uf LIii$ Agn:H:1m1;111L iu t.he iuu:api:;eLaLiun or/and during the course of implementation of the tet:ms and conditions thereof shall be ptderably settled ~micably by negotiations and if such amicttble settlement cannot be reached between the parties the dispute shall be finally settled .on the basis and in conformity with the conciliatory and arbitration rules of r"'~ International Chamber of Commerce. The venue of such proceedings shall be at Islamabad, ARTICLE vrn This Agreement shall become effective on the date of its signature, The peri9d of this Agreement shall be ten years. However, it can be tetminated earlier by mutual c.onse.nt of the pa-rties through giving a six months notice for its termination io wdting. This Agreement may b« extended by mutual consent of the parties for the p.e:dod to be agreed by tbe parties, if required so. ~M~ Chrli J;Llldll. Pakistan Agricultural Rese~rch Council, ISLAMABAD, for th'e SEAL: