Latvijas Republikas valdības un Japānas valdības līgums par Japānas valdības piešķirto neatmaksājamo tehnisko palīdzību Latvijas kultūras jomā — Latvijas Nacionālajai operai mūzikas instrumentu iegādei

(Noslēgts notu apmaiņas ceļā)

Note No. 25/1083-10080

Excellency,

I have the honour to acknowledge the receipt of Your Excellency’s Note of today’s date, which reads as follows:

“I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and the Government of the Republic of Latvia concerning the supply of musical instruments (hereinafter referred to as “the Instruments”) to the Latvian National Opera, and to propose on behalf of the Government of Japan the following arrangements:

1.For the purpose of contributing to the promotion of culture in the Republic of Latvia, the Government of Japan will extend to the Government of the Republic of Latvia, in accordance with the relevant laws and regulations of Japan, a grant up to forty- eight million four hundred thousand yen (´ 48, 400, 000) (hereinafter referred to as “the Grant”).

2.The Grant will be made available during the period between the date of coming into force of the present arrangements and March 31, 2002, unless the period is extended by mutual agreement between the authorities concerned of the two Governments.

3. (1) The Grant will be used by the Government of the Republic of Latvia properly and exclusively for the purchase of the Instruments, which will be products of Japan or the Republic of Latvia, and of services relating to procurement of such products, including the transportation of the Instruments to ports in the Republic of Latvia.

(2) Notwithstanding the provisions of sub-paragraph (1) above, when the two Governments deem it necessary, the Instruments which will be products of countries other than Japan or the Republic of Latvia may be purchased under the Grant.

4. The Government of the Republic of Latvia or its designated authority will enter into contracts in Japanese yen with Japanese nationals for the purchase of the Instruments and services referred to in paragraph 3 (The term “Japanese nationals” whenever used in the present arrangements means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons.). Such contracts shall be verified by the Government of Japan to be eligible for the Grant.

5. (1) The Government of the Republic of Latvia or its designated authority will open through banking arrangements an account to be used only for the purpose of the implementation of the Grant, in the name of the Government of the Republic of Latvia in a bank of Japan designated by the Government of the Republic of Latvia or its designated authority.

(2) The Government of Japan will make payments in Japanese yen to cover the obligations incurred by the Government of the Republic of Latvia or its designated authority under the verified contracts referred to in paragraph 4 above to the account referred to in sub-paragraph (1) above, when payment requests are presented by the bank referred to in sub-paragraph (1) above to the Government of Japan under an authorization to pay issued by the Government of the Republic of Latvia or its designated authority.

6. (1) The Government of the Republic of Latvia will take necessary measures:

(a) to ensure prompt unloading and customs clearance at ports of disembarkation in the Republic of Latvia and internal transportation therein of the Instruments;

(b) to exempt Japanese nationals from customs duties, internal taxes and other fiscal levies which may be imposed in the Republic of Latvia with respect to the supply of the Instruments and services under the Grant;

(c) to accord Japanese nationals whose services may be required in connection with the supply of the Instruments and services under the Verified Contracts such facilities as may be necessary for their entry into the Republic of Latvia and stay therein for the performance of their work;

(d) to ensure that the Instruments be maintained and used properly and effectively; and

(e) to bear all expenses, other than those covered by the Grant, necessary for the implementation of the Grant.

(2) With regard to the shipping and marine insurance of the Instruments purchased under the Grant, the Government of the Republic of Latvia will refrain from imposing any restrictions that may hinder fair and free competition among the shipping and marine insurance companies.

(3) The Instruments purchased under the Grant shall not be re-exported from the Republic of Latvia.

7. The two Governments will consult with each other in respect of any matter that may arise from or in connection with the present arrangements.

I have further the honour to propose that the present Note and Your Excellency’s Note in reply confirming on behalf of the Government of the Republic of Latvia the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which will enter into force on the date of Your Excellency’s reply.”

I have further the honour to confirm on behalf of the Government of the Republic of Latvia the foregoing arrangements and to agree that Your Excellency’s Note and this Note shall be regarded as constituting an agreement between the two Governments, which will enter into force on the date of this reply.

I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.

December 3, 2001 Māris Riekstiņš

State Secretary Ministry of Foreign Affairs Republic of Latvia

Sir,

I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and the Government of the Republic of Latvia concerning the supply of musical instruments (hereinafter referred to as “the Instruments”) to the Latvian National Opera, and to propose on behalf of the Government of Japan the following arrangements:

1. For the purpose of contributing to the promotion of culture in the Republic of Latvia, the Government of Japan will extend to the Government of the Republic of Latvia, in accordance with the relevant laws and regulations of Japan, a grant up to forty- eight million four hundred thousand yen (´ 48, 400, 000) (hereinafter referred to as “the Grant”).

2.The Grant will be made available during the period between the date of coming into force of the present arrangements and March 31, 2002, unless the period is extended by mutual agreement between the authorities concerned of the two Governments.

3. (1) The Grant will be used by the Government of the Republic of Latvia properly and exclusively for the purchase of the Instruments, which will be products of Japan or the Republic of Latvia, and of services relating to procurement of such products, including the transportation of the Instruments to ports in the Republic of Latvia.

(2) Notwithstanding the provisions of sub-paragraph (1) above, when the two Governments deem it necessary, the Instruments that will be products of countries other than Japan or the Republic of Latvia may be purchased under the Grant.

4. The Government of the Republic of Latvia or its designated authority will enter into contracts in Japanese yen with Japanese nationals for the purchase of the Instruments and services referred to in paragraph 3 (The term “Japanese nationals” whenever used in the present arrangements means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons.). Such contracts shall be verified by the Government of Japan to be eligible for the Grant.

5. (1) The Government of the Republic of Latvia or its designated authority will open through banking arrangements an account to be used only for the purpose of the implementation of the Grant, in the name of the Government of the Republic of Latvia in a bank of Japan designated by the Government of the Republic of Latvia or its designated authority.

(2) The Government of Japan will make payments in Japanese yen to cover the obligations incurred by the Government of the Republic of Latvia or its designated authority under the verified contracts referred to in paragraph 4 above to the account referred to in sub-paragraph (1) above, when payment requests are presented by the bank referred to in sub-paragraph (1) above to the Government of Japan under an authorization to pay issued by the Government of the Republic of Latvia or its designated authority.

6. (1) The Government of the Republic of Latvia will take necessary measures:

(a) to ensure prompt unloading and customs clearance at ports of disembarkation in the Republic of Latvia and internal transportation therein of the Instruments;

(b) to exempt Japanese nationals from customs duties, internal taxes and other fiscal levies which may be imposed in the Republic of Latvia with respect to the supply of the Instruments and services under the Grant;

(c) to accord Japanese nationals whose services may be required in connection with the supply of the Instruments and services under the Verified Contracts such facilities as may be necessary for their entry into the Republic of Latvia and stay therein for the performance of their work;

(d) to ensure that the Instruments be maintained and used properly and effectively; and

(e) to bear all expenses, other than those covered by the Grant, necessary for the implementation of the Grant.

(2) With regard to the shipping and marine insurance of the Instruments purchased under the Grant, the Government of the Republic of Latvia will refrain from imposing any restrictions that may hinder fair and free competition among the shipping and marine insurance companies.

(3) The Instruments purchased under the Grant shall not be re-exported from the Republic of Latvia.

7. The two Governments will consult with each other in respect of any matter that may arise from or in connection with the present arrangements.

I have further the honour to propose that the present Note and your Note in reply confirming on behalf of the Government of the Republic of Latvia the foregoing arrangements shall be regarded as constituting an agreement between the two Governments, which will enter into force on the date of your reply.

I avail myself of this opportunity to extend to you the assurance of my high consideration.

Riga, December 3, 2001 Tomio Uchida

Ambassador Extraordinary and

Plenipotentiary of Japan to the Republic of Latvia

Agreed Minutes on Procedural Details

With reference to paragraphs 1,3,4 and 5 of the Exchange of Notes between the Government of the Republic of Latvia and the Government of Japan dated December 3, 2001 (hereinafter referred to as “the Exchange of Notes”), concerning the Japanese cultural cooperation for the supply of musical instruments (hereinafter referred to as “the Instruments”) to the Latvian National Opera, the representatives of the Government of the Republic of Latvia and the Government of Japan wish to record the following procedural details which have been agreed upon between the authorities concerned of the two Governments:

1. Tender

(1) The Grant shall be used efficiently and non-discriminately for the purchase of the Instruments and services referred to in paragraph 3 of the Exchange of Notes. In order to ensure compliance with such requirements, it is required that the Government of the Republic of Latvia or its designated authority employ an independent and competent agent for assisting the Government of the Republic of Latvia or its designated authority to conduct the tender for the Instruments.

The Government of the Republic of Latvia or its designated authority shall, therefore, conclude a contract referred to in paragraph 4 of the Exchange of Notes, within one month after the date of coming into force of the Exchange of Notes, with Japan International Cooperation System (JICS) (hereinafter referred to as “the Agent”) to assist the Government of the Republic of Latvia or its designated authority in accordance with the Scope of the Agent’s Services as set forth in Appendix.

(2) The said contract shall become effective upon the verification of the Government of Japan in a written form.

2. The Agent’s fee

(1) The amount mentioned in the paragraph 1 of the said Exchange of Notes shall include the Agent’s fee.

(2) The Government of the Republic of Latvia or its designated authority shall issue an authorization to pay, in accordance with the above-mentioned contract, to the bank referred to in sub-paragraph (1) of paragraph 5 of the Exchange of Notes.

3. Any official of Government of the Republic of Latvia shall not undertake any part of the Japanese national’s work of purchase of the Instruments and services mentioned in paragraph 4 of the above-mentioned Exchange of Notes.

4. When the plan and/or design of the Grant mentioned in paragraph 1 of the above-mentioned Exchange of Notes is to be modified, the Government of the Republic of Latvia shall have a prior consultation with and obtain the consent to the modification of the Government of Japan.

Appendix

Scope of the Agent’s Services

1. Preparation of the list of the products to be tendered (hereinafter referred to as “the Instruments”) on the basis of the request which was submitted in a written form to the Embassy of Japan to the Republic of Latvia by the Government of the Republic of Latvia or its designated authority.

2. Surveying the cost and specifications of the Instruments and determining the ceiling price of the tender.

3. Preparation of the draft of tender documents which include terms and conditions of the tender and the technical specifications.

4. Making the public notice of the tender and distributing the tender documents.

5. Assisting the Government of the Republic of Latvia or its designated authority to open tender at the office of the Agent in the presence of the representatives of the tenderers and to evaluate the tender and to determine the successful tenderer.

6. Preparation of the tender evaluation report in the English language and submission of the report to the Government of the Republic of Latvia or its designated authority.

Record of Discussions

In connection with the Exchange of Notes dated December 3, 2001 concerning the Japanese cultural cooperation for the supply of musical instruments to the Latvian National Opera (hereinafter referred to as “the Exchange of Notes”), the representatives of the Latvian Delegation and of the Japanese Delegation wish to record the following:

1. With regard to sub-paragraph (1) of paragraph 3 of the Exchange of Notes, the representative of the Japanese Delegation stated that the Government of Japan understands that the Government of the Republic of Latvia will take necessary measures to prevent any offer, gift or payment, consideration or benefit which would be construed as a corrupt practice in the Republic of Latvia from being made as an inducement to or reward for the award of the contracts referred to in paragraph 4 of the Exchange of Notes.

2. The representative of the Latvian Delegation stated that his Delegation has no objection to the statement by the representative of the Japanese Delegation referred to above.