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February 18, 1982
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY CONCERNING FINANCIAL CO-OPERATION
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY,
in the spirit of the friendly relations existing between the Republic of the Philippines and the Federal Republic of Germany,
desiring to strengthen and intensify those friendly relations through financial co-operation in a spirit of partnership,
aware that the maintenance of those relations constitutes the basis of this Agreement,
intending to contribute to social and economic development in the Republic of the Philippines,
have agreed as follows:
ARTICLE 1
ARTICLE 2
The utilization of the amount referred to in Article 1 of this Agreement as well as the terms and conditions on which it is made available shall be governed by the provisions of the agreements to be concluded between the recipient of the loan and the Kreditanstalt fur Wiederaufbau, which shall be subject to the laws and regulations applicable in the Federal Republic of Germany.
ARTICLE 3
The Government of the Republic of the Philippines shall exempt the Kreditanstalt fur Wiederaufbau from all taxes and other public charges levied in the Republic of the Philippines in connection with the conclusion and implementation of the agreements referred to in Article 2 of the present Agreement.
ARTICLE 4
The Government of the Republic of the Philippines shall allow passengers and suppliers free choice of transport enterprises for such transportation by sea or air of persons and goods as results from the granting of the loan, abstain from taking any measures that might exclude or impair the fair and equal participation of transport enterprises having their place of business in the German area of application of this Agreement, and grant any necessary permits for the participation of such enterprises.
ARTICLE 5
Supplies and services for projects financed from the loan shall, unless otherwise provided for in individual cases, be subject to international public tender.
ARTICLE 6
With regard to supplies and services resulting from the granting of the loan, the Government of the Federal Republic of Germany attaches particular importance to preferential use being made of the economic potential of Land Berlin.
ARTICLE 7
With the exception of those provisions of Article of which refer to air transport, this Agreement shall also apply to Land Berlin, provided that the Government of the Federal Republic of Germany does not make a contrary declaration to the Government of the Republic of the Philippines within three months of the date of entry into force of this Agreement.
ARTICLE 3
This Agreement shall enter into force on the date of signature thereof
DONE at Manila on 18 February 1982 in duplicate in the English and German languages, both texts being equally authentic.
desiring to strengthen and intensify those friendly relations through financial co-operation in a spirit of partnership,
aware that the maintenance of those relations constitutes the basis of this Agreement,
intending to contribute to social and economic development in the Republic of the Philippines,
have agreed as follows:
(1) The Government of the Federal Republic of Germany shall enable the Government of the Republic of the Philippines to obtain from the Kreditanstalt fur Wiederaufbau (Development Loan Corporation), Frankfurt/Main, a loan of up to DM 8,500,000 (eight million five hundred thousand Deutsche Mark) for the "Imelda Settlement Project, Leyte", if, after examination, the project has been found eligible for promotion.
(2) This Agreement shall also apply if, at a later date, the Government of the Federal Republic of Germany enables the Government of the Republic of the Philippines to obtain from the Kreditanstalt fur Wiederaufbau financial contributions for attendant measures required for the implementation and support of the "Imelda Settlement Project, Leyte".
(3) The project referred to in paragraph 1 above may be replaced by other projects if the Government of the Republic of the Philippines and the Government of the Federal Republic of Germany so agree.
The utilization of the amount referred to in Article 1 of this Agreement as well as the terms and conditions on which it is made available shall be governed by the provisions of the agreements to be concluded between the recipient of the loan and the Kreditanstalt fur Wiederaufbau, which shall be subject to the laws and regulations applicable in the Federal Republic of Germany.
The Government of the Republic of the Philippines shall exempt the Kreditanstalt fur Wiederaufbau from all taxes and other public charges levied in the Republic of the Philippines in connection with the conclusion and implementation of the agreements referred to in Article 2 of the present Agreement.
The Government of the Republic of the Philippines shall allow passengers and suppliers free choice of transport enterprises for such transportation by sea or air of persons and goods as results from the granting of the loan, abstain from taking any measures that might exclude or impair the fair and equal participation of transport enterprises having their place of business in the German area of application of this Agreement, and grant any necessary permits for the participation of such enterprises.
Supplies and services for projects financed from the loan shall, unless otherwise provided for in individual cases, be subject to international public tender.
With regard to supplies and services resulting from the granting of the loan, the Government of the Federal Republic of Germany attaches particular importance to preferential use being made of the economic potential of Land Berlin.
With the exception of those provisions of Article of which refer to air transport, this Agreement shall also apply to Land Berlin, provided that the Government of the Federal Republic of Germany does not make a contrary declaration to the Government of the Republic of the Philippines within three months of the date of entry into force of this Agreement.
This Agreement shall enter into force on the date of signature thereof
DONE at Manila on 18 February 1982 in duplicate in the English and German languages, both texts being equally authentic.
(Sgd.) | (Sgd.) |
FOR THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES | FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY |