TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-911 

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ECONOMIC AND TECHNICAL 

COOPERATION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the DEMOCRATIC REPUBLIC 

OF THE CONGO 

Signed at Kinshasa September 11, 2008 
 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.” 
DEMOCRATIC REPUBLIC OF THE CONGO 

Economic and Technical Cooperation 

 Agreement signed at Kinshasa September 11, 2008; 

 Entered into force September 11, 2008. 
AGREEMENT FOR ECONOMIC AND TECHNICAL COOPERATION

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE

CONGO

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

Democratic Republic of the Congo ("Government of the Democratic Republic of

the Congo") (collectively, the "Parties" or individually, a "Party").

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

n this Agreement, the Parties agree as follows:

Article I

SCOPE OF AGREEMENT

This Agreement covers economic, technical, humanitarian and related assistance

that may be furnished by the Government of the United States in the Democratic

Republic of the Congo. 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 by representatives of the

appropriate agency or agencies of the Government of the Democratic Republic of

the Congo and representatives of the agency or agencies designated by the

Government of the United States. Assistance may also be made available through

other arrangements involving United States Government agencies, nongovernmental organizations; individuals, private firms, public international

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organizations or other entities,
Article II

RESPONSIBIL S OF THE GOVERNMENT OF TIDE DEMOCRATIC

REPUBLIC OF THE CONGO

The Government of the Democratic Republic of the Congo shall:

I Make the full contribution permitted by its personnel, resources, 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;

3. Cooperate with the Government of the United States to ensure that procurement

will be at reasonable prices and on reasonable terms;

4. 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 with respect to any properties or contract services

procured through financing by the Government of the United States

for purposes of this Agreement; and

5. 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

Democratic Republic of the Congo and also cooperate with other nations

participating in such programs in the mutual exchange of technical knowledge

and skills.
Article III

SPECIAL ACCOUNT

I. 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 the Democratic Republic of the Congo from the import or sale

of such commodities or services, the Government of the Democratic Republic

of the Congo, 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 Democratic

Republic of the Congo, and deposit promptly in such special account the

amount of local currency equivalent to such proceeds.

2. Upon notification from time to time by the Government of the United States of

its local currency requirements, the Government of the Democratic Republic of

the Congo 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 the Democratic Republic of the Congo may draw upon any

remaining balances in the special account for such purposes beneficial to the

Democratic Republic of the Congo 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 the Democratic Republic

of the Congo 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 IV

THE 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

4,," compound or in a separate location. In either case, the premises, property and
archives used by the Government of the United States to implement and discharge

such responsibilities are part of the diplomatic mission of the United States in the

Democratic Republic of Congo.

Article V

PRIVILEGES AND IMMUNITIES

Employees of the United States Government (and family members forming part of

their households) present in the Democratic Republic of the Congo to perform

work in connection with this Agreement will be notified as members of the

diplomatic mission of the United States in the Democratic Republic of Congo.

Article VI

EXEMPTIONS 

In order to ensure the maximum benefits to the people of the Democratic Republic

of the Congo 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 Democratic Republic of the Congo 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 value-added taxes or

other similar charges. Such goods, supplies, materials, equipment, property,

services or funds are also exempt from any and all tariffs, customs duties,

investment or deposit requirements or similar charges, and from currency

controls. Such goods, supplies, materials, equipment, property, services or

funds may be exported from the Democratic Republic of the Congo or sold or

transferred to another person or entity in the Democratic Republic of the Congo

that is exempt from taxation and shall be exempt from any and all taxes,

including value-added taxes or other similar charges, tariffs and customs 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, except fees which are commensurate with specific services

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

;44.
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, except for income or profit taxes imposed on

citizens or permanent residents of the Democratic Republic of the Congo or

entities organized under the laws of the Democratic Republic of the Congo.

2. In additiorit to personnel covered by Article V(l) above, all other personnel (and

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

permanent residents of the Democratic Republic of the Congo, 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

Democratic Republic of the Congo to perform work in connection with this

Agreement, are exempt from:

a. income and social security taxes levied under the laws of the Democratic

Republic of the Congo 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, and (iii) the acquisition, ownership, or use of personal

movable property (including vehicles) 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 Democratic Republic of the Congo.

C. customs, import, and export duties on all personal effects (including

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

the Democratic Republic of the Congo for their own use, and from all

other duties and fees of whatever nature, except fees which are

commensurate with specific services rendered.

3. The Government of the Democratic Republic of the Congo will issue

expeditiously and on a cost free basis any import licenses required for goods,

supplies, materials, equipment, property, services 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 the Democratic Republic of the Congo will issue

expeditiously and on a cost free basis any other documentation necessary to

tel( facilitate the implementation of programs, projects or activities funded under I/
any assistance being provided in connection with this Agreement, including, but

not limited-to, visas required for individual employees and their families, work

permits, and the registration, under the laws of the Democratic Republic of the

Congo, of non-governmental organizations.

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

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

Democratic Republic of the Congo, intended to assist regional organizations or

activities in the region.

Article VII

INFORMATION AND PUBLICITY

I The Government of the Democratic Republic of the Congo will provide the

Government of the United States of America with full and complete

information concerning such programs and operations and other relevant

information it may need to determine the nature and scope of operations and to

evaluate the effectiveness of the assistance furnished or contemplated.

2. The Government of the Democratic Republic of the Congo will give to the

people of the Democratic Republic of the Congo full publicity concerning

assistance programs under this Agreement.

Article VIII

FUNDS

I. Funds introduced into the Democratic Republic of the Congo for purposes of

furnishing assistance hereunder shall be convertible into the currency of the

Democratic Republic of the. Congo at the highest rate of exchange not unlawful

for any purpose at the time of conversion.

2. The Government of the Democratic Republic of the Congo will establish a

procedure whereby funds allocated to or derived from any 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 in the Democratic

Republic of the Congo, in the event that the Government of the Democratic

Republic of the Congo is advised by the Government of the United States that

such legal process would interfere with the attainment of the objectives of such

,v assistance.
Article IX

SUSPENSION AND TERMINATION

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

Article I, all or any part of any assistance provided hereunder may be suspended

or terminated by either Party, upon written notice to the other Party.

Termination of such assistance under this provision may include the termination

of deliveries of any commodities not yet delivered.

2. This Agreement may be terminated 30 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 full force and effect with

respect to assistance provided before the termination.

Article X

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 IX, paragraph 2.

IN WITNESS WHEREOF, the respective representatives, duly authorized for the

purpose, have signed this Agreement at Kinshasa in duplicate in the English and

French languages, the two texts being equally valid, on the eleventh day of

September 2008.

For the Government of the For the Government of the

Democratic Republic United States of America

of the Congo

By: Antipas MbusaNyamwisi By: William J. Garvelink

Minister of Foreign Affairs and Ambassador of the United

International Cooperation States of America