TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-911 

________________________________________________________________________ 

ECONOMIC AND TECHNICAL COOPERATION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and SOUTH SUDAN 

Signed at Juba September 11, 2012 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
SOUTH SUDAN 

Economic and Technical Cooperation 

 Agreement signed at Juba September 11, 2012; 

 Entered into force September 11, 2012. 
AGREEMENT FOR ECONOMIC AND TECHNICAL COOPERATION

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF SOUTH SUDAN

THIS AGREEMENT FOR ECONOMIC AND TECHNICAL COOPERATION

("Agreement") is between the Government of the United States of America

("Government of the United States") and the Government of the Republic . of South

Sudan ("Government of South Sudan") (collectively, the "Parties" or individually, a

"Party").

NOW, THEREFORE, in consideration of the rights and responsibilities set forth in this

Agreement, the Parties agree as follows:

ARTICLE

SCOPE OF AGREEMENT

This Agreement sets forth the general terms and conditions to be applied to

economic, technical, humanitarian, and related assistance that may be furnished by the

Government of the United States in the Republic of South Sudan. The furnishing of

such assistance shall be subject to applicable United States laws and regulations.

Such assistance may be made available in accordance with arrangements agreed upon

between the Parties, by representatives of the appropriate agency or agencies of the

Government of South Sudan and representatives of the agency or agencies designated

by the Government of the United States to administer its responsibilities hereunder, or

other representatives designated by the aforementioned Governments. Assistance

may also be made available through other arrangements involving United States

Government agencies, non-governmental organizations, individuals, private firms,

public international organizations or other entities.

ARTICLE 2

RESPONSIBILITIES OF THE GOVERNMENT

OF THE REPUBLIC OF SOUTH SUDAN

The Government of South Sudan shall:

1. Make the full contribution permitted by its personnel, facilities, and general

economic conditions in furtherance of the purposes for which assistance is made

under this Agreement;

2. Take appropriate steps to ensure the effective use of such assistance;
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3.. Cooperate with the Government of the United. States to assure that procurement

will be at reasonable prices and on reasonable terms and that the determination

made by the Government of the United States with respect to disposition of

assets financed under this Agreement after projects have ended is consistent

with mutually agreed upon priorities;

4. Inform the Government of the United States of any laws or regulations that will

affect this Agreement or any specific project or program arrangements

hereunder;

5. Permit, without restriction, continuous observation and review by the United

States' representatives of programs and operations covered by this Agreement

and records pertaining thereto, including the right during the period of any

program or transaction and for three years thereafter to:

(a) examine property procured through financing by the Government of the

United States for purposes of this Agreement, and;

(b) inspect and audit any records and accounts with respect to funds

provided, and to any properties or contract services procured through

financing by the Government of the United States for purposes of this

Agreement; and

6. Bear a fair share of the costs of cooperative technical assistance programs

under this Agreement and, to the maximum extent possible, seek full

coordination and integration of technical cooperation programs being carried on

in the Republic of South Sudan and also cooperate with other nations

participating in such programs in the mutual exchange of technical knowledge

and skills.

ARTICLE 3

SPECIAL ACCOUNT

1. In any case where commodities or services are furnished on a grant basis under

arrangements which result in the accrual of local currency proceeds to the

Government of South Sudan from the import or sale of such commodities or

services, the Government of South Sudan, except as may otherwise be mutually

agreed upon by the representatives referred to in Article I hereof, will establish,

in its own name, a special interest-bearing account in a commercial bank in the

Republic of South Sudan, and deposit promptly in such special account the

amount of local currency equivalent to such proceeds.
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2. Upon notification from time to time by the Government of the United States of its

local currency requirements, the Government of South Sudan will make available

to the Government of the United States, in the manner requested by that

Government, out of any balance in the special account, such sums as are stated

in such notifications to be necessary for such requirements.

3. The Government of South Sudan may draw upon any remaining balances in the

special account for such purposes beneficial to the Republic of South Sudan as

may be agreed upon from time to time by the representatives referred to in

Article 'I of this Agreement.

4. Upon termination of assistance to the Government of South Sudan under this

Agreement, any unencumbered balances of funds which remain in the special

account shall be disposed of for such purposes as may be agreed upon by the

aforesaid representatives of the Parties.

ARTICLE 4

PREMISES, PROPERTY, AND ARCHIVES

The Government of the United. States may implement and discharge its

responsibilities under this Agreement in offices located on the U.S. Embassy

compound or in a separate location. In either case, the premises, property,

archives, and documents used by the Government of the United States to

implement and discharge such responsibilities shall enjoy privileges and

inviolability equivalent to that extended to the premises, property, archives and

docuMents of the diplomatic mission of the United States in the Republic of

South Sudan under the Vienna Convention on Diplomatic Relations.

ARTICLE 5

IMMUNITIES

1_ The Government of the United States and the Government of South Sudan

agree that the United States Government personnel (and their family members

forming part of their household) who are present in the Republic of South Sudan

to perform work in connection with this Agreement shall enjoy privileges and

immunities equivalent to those granted to a diplomatic agent under the Vienna

Convention on Diplomatic Relations of 1961. Nothing in this Agreement shall be

construed to derogate from privileges and immunities granted to such personnel

under other agreements.

The immunities provided under paraaraph I are not applicable to citizens or
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permanent residents of the Republic of South Sudan.

Without prejudice to the immunities provided under paragraph 1, it is understood

that the personnel covered by that paragraph have a duty to respect the laws of

the Republic of South Sudan.

ARTICLE 6

PRIVILEGES AND EXEMPTIONS

In order to assure the maximum benefits to the people of the Republic of South Sudan

from the assistance to be furnished hereunder, whether initiated before or after the

effective date of this Agreement:

1. Any goods, supplies, materials, equipment, property, services or funds

introduced into, acquired or used in the Republic of South Sudan by the

Government of the United States, or by any person or entity (including but not

limited to contractors and grantees) financed by the Government of the United

States, as part of, or in conjunction with, the assistance provided hereunder, are

exempt from any and all taxes, including any value-added taxes or other similar

charges (including but not limited to, investment or deposit requirements, and

currency controls). Such goods, supplies, materials, equipment, property,

services, or funds may be exported from the Republic of South Sudan or sold or

transferred to another person or entity in the Republic of South Sudan that is

exempt from taxation and shall be exempt from any and all taxes, including

value-added taxes or other similar charges, tariffs and custom duties on such

export, sale, or transfer. No tax (whether in the nature of an income, profits,

business, rent, value-added, gross receipts, sales or other tax, duty, or fee of any

nature) shall be imposed in connection with work performed under this

Agreement upon any person or entity (including but not limited to contractors and

grantees) financed by the Government of the United States under the assistance

furnished hereunder.

2. In addition to personnel covered by Article 6(1) above, all other personnel (and

family members forming part of their households), except citizens and

permanent residents of the Republic of South Sudan, who the Government of

the United States, or any agency thereof, employs (whether by direct hire,

contract or other arrangement) or finances (whether by contract, grant or

otherwise with any person or entity) and who are present in the Republic of

South Sudan to perform work in connection with this Agreement are exempt

from:
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(a) income and social security taxes levied under the laws of the Republic of

South Sudan with respect to income derived from activities under this

Agreement;

(b) taxes (including but not limited to, sales or value-added taxes) on any of

the following: (i) services or funds intended for their own use, (ii)

residential leases for their own use, and (iii) the purchase, ownership, use,

or disposition of personal movable property (including vehicles) for their

own use and the sale or transfer of such property to another person or

entity exempt from taxation either under this Agreement or the laws of the

Republic of South Sudan; and

(c) customs, import and export duties on all personal effects (including

vehicles), 'goods, equipment, supplies, services, or funds imported into the

Republic of South Sudan for their own use, and from all other duties and

fees of whatever nature.

3. The Government of South Sudan will issue expeditiously and on a cost free

basis any import licenses required for goods, supplies, materials (including

pharmaceuticals and laboratory specimens), equipment, property, or funds

imported under this Agreement, and will assist, where appropriate, in expediting

their movement through port and transportation facilities and their clearance

through customs.

4. The Government of South Sudan agrees to issue, renew and/or extend free of

charge and in a timely manner all official permits, visas, exemptions and any

other permissions (including all approvals as may be required from time to time

to ensure full access to information, project sites and relevant offices) for (1) the

Applicable Persons (as defined below) carrying out programs, pro;:ects, or

activities funded under any assistance provided in connection with this

Agreement (collectively, the "Required Documents") and (2) family members

forming part of the households of Applicable Persons. For purposes of this

provision, Applicable Persons is defined as: all personnel, except citizens and

permanent residents of the Republic of South Sudan,, who the Government of

the United States, or any agency thereof, employs. (whether by direct hire,

contract or other arrangement) or finances (whether by contract, grant or

otherwise with any person or entity, including employees and consultants of

contractors, grantees, and other organizations carrying out activities financed

under this Agreement) and who are present in the Republic of South Sudan to

perform work in connection with this Agreement. Applicable Persons will be

exempt from any medical testing generally required by the Goverrment of South

Sudan for the issuance of work permits and/or visas.

5. The Government of South Sudan agrees to issue, renew and/or extend free of
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charge and in a timely manner any other documentation necessary to facilitate

the implementation of programs, projects, or activities funded under any

assistance provided in connection with this Agreement, including, but not limited

to all documentation needed for registration of non-governmental organizations

under the laws of the Republic of South Sudan.

6. The provisions of this Article 6 will apply also to assistance, funded by the

Government of the United States of America, occurring in or transiting through

the Republic of South Sudan intended to assist regional organizations or

activities in the region.

ARTICLE 7

INFORMATION AND PUBLICITY

1. The Government of South Sudan will communicate to the Government of the

United States in a form and at intetvals to be mutually agreed upon, including

communicating about:

(a) projects, programs, and operations carried on under this Agreement

(including a statement of the use of funds, materials, equipment and

services provided thereunder); and

(b) technical assistance which has been or is being requested of other

countries or international organizations.

2. Not less frequently than once a year, the Parties will, in mutual consultation,

make public in their respective countries periodic reports of the programs carried

on pursuant to this Agreement. Such reports shall include information as to the

use of funds, materials, equipment and services.

ARTICLE 8

FUNDS

1 Funds introduced into the Republic of South Sudan for purposes cf furnishing

assistance hereunder shall be convertible into the currency of the Republic of

South Sudan at the legal rate of exchange most favorable to the Government of

the United States at the time of conversion.

Both Parties will establish a procedure whereby funds allocated to or derived

from any program or project assistance hereunder shall not be subject to any

form of legal process, including but not limited to, attachment or seizure by any

person or juridical entity, when the Government of South Sudan is advised by the
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Government of the United States that such legal process would interfere with the

attainment of the objectives of any program or project assistance hereunder.

ARTICLE 9

SUSPENSION AND TERMINATION

1. In addition to the provisions of any arrangements agreed upon pursuant to Article

1, all or any part of any assistance program or project provided hereunder may

be terminated or suspended by either of the Parties upon written notice to the

other Party. Termination of such assistance under this paragraph may include

the termination of deliveries of any commodities hereunder not yet delivered;

provided, however, that termination or suspension of such assistance hereunder

shall not affect irrevocable commitments to third parties.

2. This Agreement may be terminated 120 days after the receipt by either Party of

a written termination notice from the other Party. Notwithstanding such

termination, the provisions hereof shall remain in force with respect to assistance

initiated before the termination.

ARTICLE 10

SETTLEMENT OF DISPUTES.

The two Parties shall strive to resolve amicably, under mutually agreed upon

procedures, any differences relating to or arising out of the interpretation and execution

of this Agreement or any specific program or project arrangement hereunder.

ARTICLE 11

ENTRY INTO FORCE

This Agreement shall enter into force upon signature by authorized representatives of

both Parties and shall remain in force until terminated by either Party in accordance

with Article 9, paragraph 2. As between the Parties, this Agreement supersedes the

Agreement between the Government of the United States of America and the

Government of the Republic of the Sudan providing for economic, technical and related

assistance to the Sudan, effected by exchange of notes at Khartoum on March 31,

1958.
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IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective

Governments, have signed this Agreement at Juba, South Sudan, in duplicate, this 11th

day of September, 2012, in. the English language.

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:

By: Susan D. Page

Ambassador of the United

States of America

FOR THE GOVERNMENT OF THE

REPUBLIC OF SOUTH SUDAN:

By: Grace J. Datiro

Deputy Minister for Foreign Affairs