MEMORANDUM OF UNDERST AN DING dated ltIis Ji day of ~ 2008
between the Export-Import Bank of China (hereinafter referred to a .CEXIMn). of the
one part, and the African Development Bank (hereafter referred to as "ADB") and the
African Development Fund (hereafter referred to as "ADF"), collectively referred to as
the" ADB", of the other part.
THE PARTIES TO THIS MEMORANDUM OF UNDERSTANDING:
CONSIDERING that the primary objective of the ADB is to contribute to the
sustainable economic development and social progress of its African member States
("Regional Members") individually and jointly; and the objective of the ADF is to assist
the ADB in fulfilling its objective, as well as the promotion of co-operation, including
regional and sub-regional co-operation and increased international trade, particularly
among the Regional Members;
FURTHER CONSIDERING that CEXIM seeks to promote
and improve living standards in China and other developing
economic cooperation between other developing countries
NOTING the evolving needs of the Regional Members and the development lessons
that could be learnt from China's development experience, and for purposes of
strengthening the effectiveness, impact, efficiency and sustainability of the
development operations of each of the parties to this Memorandum, through their
collaboration;
DETERMINED to provide, through their joint efforts and within the limitations of their
respective resources, mandates and policies, coordinated and consistent services to
the Regional Members, in a cost-effective and efficient manner;
HAVE REACHED THE FOllOWING UNDERSTANDING:
The purpose of the present
collaboration between the parties
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economic development
countries and boost
and China;
ARTICLE I
PURPOSE
Memorandum of Understanding is to facilitate
hereto in matters of common interest to them and to
establish the working arrangements necessary for the implementation of this
Memorandum of Understanding.
The Parties to this Memorandum of Understanding
maintain a continuous working relationship for the
objectives of assisting the
a focus on development
Understanding. To this end, they shall, in accordance
set forth, endeavour to cooperate on the matters of common
draw-up and implement work programmes
the potential areas of cooperation described in Article III
Understanding.ARTICLE III
AREAS OF COOPERATION
The following shall constitute potential areas of
(i)
(ii)
(iii)
Exchange of information
Sharing of development
Providing co-financing
investment projects
Exchange or secondment of professional staff(iv)
(v)
(vi)
(vii)
Joint regional, country, economic and sector studies
Aid harmonization, development policy and strategy coordination; and
Any other areas as may be agreed upon between the parties from time to time
4.1 The parties shall keep each other
each other on matters of mutual
lead to collaboration
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ARTICLESCOPE
II
hereby agree to join efforts and
achievement of their common
Regional Members in improving their living standards with
activities, and for the implementation of this Memorandum of
with the provisions hereinafter
concern to them and
for the execution of joint activities within
of this Memorandum of
co-operation:
regarding each other's respective activities in Africa
knowledge and experience
or guarantee of public and possibly private sector
ARTICLE IV
CONSULTATION
informed and, whenever necessary, consult
interests, which in their opinion, are likely to
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4.2 The parties shall maintain close institutional dialogue to ensure a coherent
approach and to identify areas of competence and complementarity and meet
whenever appropriate to:
identify programmes or projects for cooperation;
draft an action plan for the implementation of such programmes or projects;
and
conduct reviews of programmes and projects being implemented.
ARTICLE V
EXCHANGE OF INFORMATION
The parties hereto shall exchange relevant information and data on matters of
common interest to the parties and collaborate in the collection, analysis and diffusion
of such information and data, subject to such arrangements as may be necessary or
applicable, under any document and information restriction policies of the parties, for
safeguarding the confidential character of certain information or data.
(i)
(ii)
CUi)
A party to this Memorandum of Understanding may, as appropriate, invite the other
party to attend seminars, symposia, workshops or conferences of mutual interest,
convened or otherwise supported by such party.
7.1CEXIM and ADB will collaborate on ensuring sustainable development
financing with appropriate levels of concessionality; work to ensure that their
assistance contributes to measurable development results and impacts; and
ensure that appropriate measures (consistent with each Party's respective
operational guidelines, policies and procedures) are taken to identify,
minimize and mitigate potentially adverse environmental and social
consequences of development initiatives.
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ARTICLE VI
REPRESENTATION
ARTICLE VIIIMPLEMENTATION AND COST SHARING
;)
7.2 Under the provisions of this Memorandum of Understanding, CEXIM and
ADB will cooperate in conformity with the provisions of laws and regulations
applicable to each party, their respective constituent instruments, policies
and procedures. The ADB's lending will take place on financial terms and
conditions applicable to each Borrower. CEXIM will also follow its operative
policies on lending terms.
The parties shall make available, to the extent feasible, taking into account
the budgetary, financial and human resource constraints, the services of their
staff for their programmes and projects undertaken pursuant to this
Memorandum of Understanding. The parties may identify, as appropriate,
other resource persons who could be engaged, as experts, including staff of
other international or regional organizations as mutually agreed by the
parties. The parties shall provide documentation and teaching materials for
joint technical assistance activities to the extent appropriate.
7.3
7.4 Costs or expenses relating to, or arising from, activities undertaken pursuant
to this Memorandum of Understanding shall be borne by one or both parties
in accordance with supplementary agreements in conformity with Article VIII
to be reached by the parties in advance of implementation of activities
concerned.
Funding for the joint technical assistance activities to be implemented under this
Memorandum of Understanding shall be covered by supplementary agreements
between the parties (such as an exchange of letters between CEXIM and the ADB's
Partnership and Cooperation Unit). The obligations of the parties to jointly finance
(subject to availability of resources) the programmes undertaken and implemented
pursuant to this Memorandum of Understanding shall be contingent upon concluding
such supplementary agreements.
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ARTICLE VIII
SUPPLEMENTARY AGREEMENTS
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Any matter for which no provision is made in this Memorandum of Understanding
shall be determined in a manner mutually acceptable to the parties hereto, and, in this
regard; each party shall give sympathetic consideration to any proposal advanced by
the other party.
ARTICLE XENTRY INTO FORCE. DURATION AND TERMINATION
The Memorandum of Understanding shall enter into force on the date of its signature
by both parties. Each party may, by giving no less than three months prior written
notice to the other party, terminate this Memorandum of Understanding, and this
Memorandum of Understanding shall terminate on the date specified in such written
notice. If no specific termination date is provided in such notice, this Memorandum of
Understanding shall terminate on the day falling three months after the date on which
such notice is given. The termination of this Memorandum of Understanding shall
not affect obligations of the parties arising from the other documents made on the
basis of this Memorandum, nor shall it affect the parties' then existing obligations
whose performance is or may be necessary so as to permit an orderly settlement of
all arrangements made with respect to on-going cooperation activities.
ARTICLE XICHANNEL OF COMMUNICATION AND NOTICES
11.1 For the purpose of facilitating the implementation of this Memorandum of
Understanding, the Channel of communication for the parties shall be:
(a) For CEXIM: Mail Address:
General Manager, International Business Department
China Eximbank
No. 77, Beiheyan Street. Dongcheng District,
Beijing, P.R. China, 100009.
Telephone: +86 1064099988, Facsimile: +86 1064005186
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ARTICLE IX
OTHER MATTERS
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(b) For the ADB and the ADF: Mall Address:
Head, Partnerships and Cooperation Unit
African Development Bank Temporary Relocation Agency ~
BP. 323 1002
Tunis Belvedere
Tunisia
Telephone: +21671102134 Facsimile: +21671830172
notice being provided.And upon
For the purpose of this Memorandum of Understanding, the focal points of the11.2
parties shall be:
(a) For CEXIM:
(b) For the ADB and ADF:
11.3 Either party may. by notice in writing to the other party. designate additional
representatives or substitute other focal points for those designated in this
Article.
Any notice, request or other communication under this Memorandum of
Understanding shall be in writing and shall be deemed to have been duly given
or made when it has been delivered by hand, mail, cable, telex or facsimile, as
the case may be, by either party to the other at the address specified in the
Agreement or such other address as either party may notify to the other party.
11.4
ARTICLE XII
AMENDMENT AND SETTLEMENT OF DISPUTES
This Memorandum of Understanding may be amended by mutual written
agreement of the parties. Any amendment shall be without prejudice to any
rights or obligations accruing or incurred under this Memorandum of
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12.1
#-
(Tunis)
General Manager
International Business Department
The Head
Partnerships and Cooperation Unit
Understanding or supplementary agreements thereto reached pursuant to
Article VI". prior to the
12.2 Any dispute over the interpretation or application of any provision herein
contained shall be settled through consultations or by such other means, as
the parties shall mutually agree.
13.1 The Parties agree that either party shall not, without the prior written consent of
the other party, disclose to any third party or the public any information or
materials related to the other Party or this Agreement acquired during the
execution or performance of this Agreement, except for:
(a) information required
regulations or courts,
regulatory authorities;
information that has been generally available to the public or can be
obtained through public ways before disclosure pursuant to this
Agreement;
(b)
(c) information that has been already in the legal possession of the receiving
party before disclosure pursuant to this Agreement;
13.2 The Parties shall adopt all
all information disclosed
documents executed on the
13.3 In the event that a party is required by a duly constituted regulatory authority or
pursuant to applicable law to disclose information obtained pursuant to this
Memorandum of Understanding, it shall inform the other party prior to such
disclosure.
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effectivedate of such amendment.
ARTICLE XIIICONFIDENTIALITY
to be disclosed by any applicable laws and
government agencies, taxes agencies or other
necessary measures to ensure the confidentiality of
under this Agreement and other cooperation
basis of this Agreement.
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IN WITNESS WHEREOF, CEXIM, the ADB and the ADF, each acting through its
representative duly authorized thereunto, have signed this Memorandum of
understanding on the date first above written in two original counterparts in English.
FOR THE EXPORT-IMPORT
BANK OF CHINA
LI JUN
VICE-PRESIDENT
FORTHEAF~CANDEVELOPMENTBANK
AND THE AFRICAN DEVELOPMENT FUND
JOSEPH B. EICHENBERGER
VICE-PRESIDENT-OPERATIONS I
(REGIONAL & COUNTRY PROGRAMS)
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