Latvijas Republikas valdības un
Japānas valdības līgums par Japānas valdības piešķirto
neatmaksājamo tehnisko palīdzību Latvijas kultūras jomā —
Latvijas Nacionālajam simfoniskajam orķestrim skaņas un gaismas
iekārtas un mūzikas instrumentu iegādei
(Noslēgts notu apmaiņas ceļā)
Note No. 25/ 675-7818
Sir,
I have the honour to acknowledge
the receipt of your 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 sound and lighting equipment and musical
instruments (hereinafter referred to as “the Equipment”) to the
Latvian National Symphony Orchestra, and to propose on behalf of
the Government of Japan the following arrangements:
1. For the purpose of contributing
to the promotion of musical activities 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 fifty million yen (´ 50, 000,
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, 2003, 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 Equipment, 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
Equipment to ports in the Republic of Latvia.
(2) Notwithstanding the provisions
of sub-paragraph (1) above, when the two Governments deem it
necessary, the Equipment 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
Equipment 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 Equipment;
(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 Equipment and services under the Grant;
(c) to accord Japanese nationals
whose services may be required in connection with the supply of
the Equipment 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 Equipment
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 Equipment 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 Equipment 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.”
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 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 you the assurance of my high consideration.
September 26, 2002 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 sound and lighting equipment and musical
instruments (hereinafter referred to as “the Equipment” to the
Latvian National Symphony Orchestra, and to propose on behalf of
the Government of Japan the following arrangements:
1.For the purpose of contributing
to the promotion of musical activities 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 fifty million yen (´ 50, 000,
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, 2003, 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 Equipment, 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
Equipment to ports in the Republic of Latvia.
(2) Notwithstanding the provisions
of sub-paragraph (1) above, when the two Governments deem it
necessary, the Equipment 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
Equipment 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 Equipment;
(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 Equipment and services under the Grant;
(c) to accord Japanese nationals
whose services may be required in connection with the supply of
the Equipment 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 Equipment
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 Equipment 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 Equipment 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, September 26, 2002 Mr.
Hiroshi Okada
Chargē d’Affaires a.i.
Embassy 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 Japan
and the Government of the Republic of Latvia dated September 26,
2002 (hereinafter referred to as “the Exchange of Notes”),
concerning the Japanese cultural cooperation for the supply of
sound and lighting equipment and musical instruments (hereinafter
referred to as “the Equipment”) to the Latvian National Symphony
Orchestra, the representatives of the Government of Japan and the
Government of the Republic of Latvia 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
Equipment 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
Equipment.
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 he
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 Equipment and
services mentioned in paragraph 4 of the abovementioned 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.
|
Māris
Riekstiņš
|
Hiroshi
Okada
|
|
State Secretary
|
Chargē d’Affaires a.i.
|
|
Ministry of Foreign
Affairs
|
Embassy of Japan
|
|
Republic of Latvia
|
to the Republic of
Latvia
|
Appendix
Scope of the Agent’s
Services
1. Preparation of the list of the
products to be tendered (hereinafter referred to as “the
Equipment”) 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 Equipment 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 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 September 26, 2002 concerning the Japanese cultural
cooperation for the supply of sound and lightning equipment and
musical instruments to the Latvian National Symphony Orchestra
(hereinafter referred to as “the Exchange of Notes”), the
representatives of the Japanese Delegation and of the Latvian
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.
|
Māris
Riekstiņš
|
Hiroshi
Okada
|
|
State Secretary
|
Chargē d’Affaires a.i.
|
|
Ministry of Foreign
Affairs
|
Embassy of Japan
|
|
Republic of Latvia
|
to the Republic of
Latvia
|
