TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-314 

________________________________________________________________________ 

AGRICULTURE 

Cooperation 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the FOOD AND AGRICULTURE 

ORGANIZATION 

Signed at Washington March 14, 2007 
 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.” 
 FOOD AND AGRICULTURE 

 ORGANIZATION 

 Agriculture: Cooperation 

 Agreement signed at Washington March 14, 2007; 

 Entered into force March 14, 2007. 
FRAMEWORK AGREEMENT

ON INCREASED COOPERATION

BETWEEN

TEE UNITED STATES DEPARTMENT OF AGRICULTURE

AND

TEE FOOD AND AGRICULTURE ORGANIZATION

OF THE UNITED NATIONS

The United States Department of Agriculture ("USDA") and the Food and Agriculture

Organization of the United Nations ("FAO") (collectively "the Parties"), desiring to further

strengthen their cooperation to promote and support the development of a viable and

sustainable global agricultural system and which are consistent with and supportive of FAO's

mandate and medium-term strategy, hereby agree as follows:

Objective and Purpose

1.1 The overall objective of this Framework Agreement is to further USDA's goal of

cooperating with international agricultural organizations in activities that promote

and further develop the global agricultural system. USDA will provide funds and

resources to support FAO projects that advance that goal, that advance FAO's

work towards meeting the Millennium Development Goals (MDGs) in developing

countries, and that contribute to the realization of FAO's programme of work/midterm strategy as approved by FAO's Governing Bodies.

1.2 This Framework Agreement sets out the general terms concerning the transfer and

administration of USDA's grants to FAO for the realization of the MDGs.

1.3 Activities under this Framework Agreement will be mutually agreed upon by the

Parties and implemented through separate, specific Programme Agreements

entered into by the Parties under this Framework Agreement. Funded activities

may include supplementary programme activities approved by the Governing

Bodies of FAO.

1.4 USDA may provide human resources to support FAO projects. Such human

resource transfers will be set forth in separate, specific Programme Agreements

that will include provisions for funding time-limited U.S. expertise in specific

areas that are in demand by FAO and that promote increased learning by U.S.

specialists.

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2. Programming of Funds

2.1 In the selection and implementation of activities financed under this Framework

Agreement, FAO will adhere to the relevant policy decisions and guidelines

approved by its Governing Bodies and a common set of objectives and principles

for the international development community which are contained in political

declarations and plans of action from relevant UN summits, notably the

Millennium Assembly, with particular emphasis on:

contributing to poverty eradication through economic growth and permanent

improvement of the economic and social conditions for the poorer part of the

population in the developing countries through long-term, target-oriented and

efficient support, which shall assist the involved countries' own mobilization

of human and other resources;

• ensuring that the development assistance is based on a dialogue with the

partner countries and is in accordance with their own priorities and

development plans, in particular national poverty reduction strategies;

contributing to capacity-building and institutional development in recipient

countries;

aiming at sustainable development; and

▪ ensuring that gender considerations are fully taken into account.

2.2 USDA's grants to FAO's work will be allocated to thematic priority areas and

specific programmes as specified in Programme Agreements under this

Framework Agreement.

2.3 USDA's grants to projects/programmes under FAO's administration will be

allocated on the basis of project/programme documents/proposals submitted by

FAO and approved for financing by USDA.

2.4 For USDA-funded activities, FAO will prepare annual work plans and annual

strategic implementation plans as well as annual budgets. These documents are to

be updated each year, or as indicated in the Programme Agreements.

2.5 Activities at country level will take place within the framework of national

poverty reduction strategies or other comparable national policy or planning

instruments and, whenever possible, be included in the national budget. Maximum

efforts will be made to ensure effective coordination with other planned or

ongoing activities in the same field, regardless of source of funding.

2.6 To maximize the development effectiveness of activities undertaken pursuant to

this Framework Agreement, FAO will pursue collaboration with other relevant

'development collaborators and participate in the work of the Common Country

Assessment (CCA) and United Nations Development Assistance Framework

(UNDAF) and other relevant coordination mechanisms.

3. Financial Support

3.1 Subject to Article 12.4 of this Agreement, USDA will provide funds to FAO for

activities to be specified in Programme Agreements.

3.2 FAO will use the USDA grant exclusively for the purpose of implementing the

activities approved for financing by USDA as described in each Programme

Agreement.
4. Procurement

4.1 In implementing the activities financed under this Framework Agreement, FAO

will effect all procurement of goods and services in accordance with FAO's rules

and regulations for procurement. FAO will include in the solicitations for

equipment and services an assessment of potential sources of supply in the

recipient and other relevant developing countries.

4.2 USDA will, upon request, assist FAO in the establishment of a suitable roster of

United States' suppliers and consultants.

5. Monitoring, Review and Evaluation

5.1 FAO will monitor, review and evaluate activities carried out under this

Framework Agreement as specified under each Programme Agreement.

6. Reporting

6.1 For USDA-funded activities under this Framework Agreement, FAO will provide

USDA with reports on the implementation and completion of the

projects/programmes/activities in relation to their goals and objectives and

prepared in accordance with FAO's reporting procedures and according to a

schedule specified in each Programme Agreement. The reports will provide

detailed information as specified in each Programme Agreement.

7. Financial Statements and Audit

7.1 For USDA-funded activities under this Framework Agreement, FAO will submit

annually certified financial statements showing expenditures for each

project/programme regarding activities financed under this Framework Agreement

as of the end of the preceding budgetary year or as specified in each Programme

Agreement. It is understood that financial records, including documentation to

support entries on accounting records and to substantiate charges against the

contribution, will be maintained in accordance with FAO's usual accounting

procedures, which must follow generally accepted accounting practices. All such

financial records must be maintained for at least three years after the final

disbursement of funds under each Programme Agreement.

7.2 AU payments received by FAO under this Framework Agreement will be subject

exclusively to the internal and external auditing procedures as provided for in the

Financial Rules and Regulations of FAO. For USDA-funded activities under this

Framework Agreement, separate accounts and records will be kept.

7.3 Should an audit report of the External Auditor of FAO to its Governing Bodies

contain observations relevant to activities funded under this Framework

Agreement, a copy of such a report, together with FAO's comments thereon, will

be made available to USDA.
8. Annual Consultations

8.1 FAO and USDA will hold consultations on their cooperation under each

Programme Agreement on a schedule to be determined by each Programme

Agreement.

8.2 The Parties may agree to hold additional consultations dealing with USDA-funded

activities.

8.3 FAO will chair the consultations, which will be held at a mutually accepted date

and place. FAO will draft minutes of the meeting and submit these to USDA for

approval.

9. Notice or Communication

9.1 Any notice under this Framework Agreement will be in writing and delivered in

person or sent by registered mail or facsimile at the address of either USDA or

FAO mentioned in paragraph 9.4 or 9.5.

9.2 Any communication, other than a notice will be in writing and delivered in person

or sent by mail, registered mail, facsimile or e-mail at the address of either USDA

or FAO mentioned in paragraph 9.4 or 9.5.

9.3 Any notice or communication is deemed to be received or effective on the day of

delivery, if hand-delivered; three workdays following posting, if sent by mail;

when acknowledgement of receipt is signed, if sent by registered mail; and one

workday following transmission, if sent by facsimile or e-mail.

9.4 Any notice to USDA will be addressed to:

Michael W. Yost

Administrator

USDA Foreign Agricultural Service

1400 Independence Ave., S.W., Room 5071

Washington, DC 20250-1001

FAX: (202) 690-2159

E-mail: Michael.yost@fas.usda.gov

9.5 Any notice to FAO will be addressed to:

Tesfai Tecle

Assistant Director-General, Technical Cooperation Department

Food and Agriculture Organization of the United Nations

Viale dells Terme di Caracalla, 00100

Rome, Italy

FAX: (39) 0657056296

E-mail: Tesfai.Teclealao.org

9.6 The address of either USDA or FAO may be changed by giving notice.

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10. Intellectual Property Rights

10.1 For work performed under the Agreement, FAO and the United States have the

right to non-exclusively use, publish, translate, sell or distribute, privately or

publicly, any item or part thereof.

11. Liability

Unless determined otherwise by USDA, FAO will be responsible for defending

any claim made by a third party against any employee or consultant of USDA or

its designee which arises as a result of these employees' or consultants'

participation in any activities undertaken pursuant to this Framework Agreement.

and its• mplementing Programme Agreements. FAO will assist these employees

and consultants and maintain them free of any personal liability that result from

any lawsuits or obligations that arise as a result of their participation in the

implementation of such activities.

11.2 Notwithstanding Paragraph 11.1 above, FAO need not defend or assist USDA

employees or consultants with respect to any claim or liability that arises as a

result of gross negligence or fraud committed by such USDA employees or

consultants in the implementation of programmed activities under this

Framework Agreement and its implementing Programme Agreements.

12. Final Provisions

12.1 This Framework Agreement will enter into force upon signature by both Parties.

12.2 This Framework Agreement may be amended through an exchange of letters

between the Parties, following appropriate consultations.

12.3 This Framework Agreement will remain effective unless terminated by mutual

consent, or by one Party terminating the Agreement by giving three months'

written notice to the other Party. Upon termination of this Framework

Agreement, and unless the Parties agree otherwise, contractual obligations

entered into between FAO and any third parry prior to the receipt of the notice of

termination of this Framework Agreement will not be affected by the

terminationA

12.4 Any payment, either in cash or in kind, to be made to FAO under any

Programme Agreement is subject to there being an appropriation by the

Congress of the United States for the fiscal year in which the payment is to be

made. If USDA's appropriation is changed by the United States Congress,

USDA may reduce the grant or terminate the relevant Programme Agreement by

giving notice to FAQ.

12.5 Subject to USDA's prior approval, FAO can use any remaining balance in cash

or uncommitted assets, including accrued interest, remaining upon termination or

the completion of projects/programmes financed under this Framework

Agreement for other relevant activities.

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12.6 USDA may discontinue transfer of funds if FAO's commitments under this

Framework Agreement or the implementing Programme Agreements are not

met; if there are substantial deviations from accepted plans and budgets; or if

doubt arises with regard to the proper use of funds under this Framework

Agreement

12.7 No offer, gift, consideration or benefit of any kind, which constitutes an illegal or

corrupt practice, has been or will be made to anyone, either directly or indirectly,

as an inducement or reward for the award or execution of this Agreement or any

subsequent Programme Agreement.

12.8 No member of the United States Congress will be admitted to any share or part

of this Agreement or any subsequent Programme Agreement, or to any benefit

arising thereof

12.9 Any differences which may arise as to the interpretation, application or

performance of this Framework Agreement or any Programme Agreement shall

be governed by general principles of law, to the exclusion of any single national

system of law, and will be settled by means of mutual consultations between

USDA and FAO.

12.10 Nothing in this Agreement or in any document or arrangement relating thereto

shall be construed as constituting a waiver of the privileges or immunities of

FAO: Provided, however, that nothing in this Agreement or in any document or

arrangement relating thereto shall be construed as obligating the United States to

recognize any privileges or immunities of FAO that the United States does not

already afford FAO under the International Organizations Immunities Act in

fulfillment of its obligation under Article VIII of the FAO Constitution.

For the United States For the Food and Agriculture

Deparunent of Agriculture Organization of the United Nations

Mike Johann Jacques f

Secretary Director-General

MAR 1 4 2007 MAR 1 4 2007

Date Date

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