Document ID: chunk:federal_register_of_legislation:F2005C00570:body:0:p14
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respective representatives duly authorized thereto, have signed this Arrangement.

SIGNED at Manila, Philippines this 16th day of May 2005.

For and on behalf of the   For and on behalf of the
GOVERNMENT OF AUSTRALIA   ASIAN DEVELOPMENT                                                                                     BANK

___________________________   ___________________________
By       By
Authorized Representative  President

Part 2 Agreed minutes relating to the Arrangement between the Government of Australia and the Asian Development Bank regarding the Pacific Liaison and Coordination Office of the Asian Development Bank

AGREED MINUTES

Arrangement between the Government of Australia
 and the Asian Development Bank
regarding the Pacific Liaison and Coordination Office of the Asian Development Bank.

1. Negotiations in respect of the Arrangement between the Government of Australia (the Government) and the Asian Development Bank (ADB) regarding the Pacific Liaison and Coordination Office of ADB in Australia took place between representatives of the Government (Government Team) and ADB (ADB Team) at meetings and through correspondence held intermittently since June 2003. These minutes record certain clarifications and interpretations agreed upon between the parties in connection with the implementation and application of the Arrangement. These minutes are deemed to be an integral part of the Arrangement and have the same effect as if they were incorporated therein.

Paragraphs 5.2 and 5.3

2. The Government Team emphasized the importance it attached to compliance by ADB and ADB staff with the Laws of Australia. In this context, the Government Team referred to, by way of an example, building codes and fire regulations and similar types of legislation and stated that ADB and ADB staff were required to comply with such codes and regulations. However, the Government Team stated that it was not the intention of the Government to interfere into ADB's internal affairs; and that the provisions in paragraphs 5.2 and 5.3 are without prejudice to the immunity from legal process which ADB and ADB officers enjoy under the Charter and the Arrangement. The ADB Team recognized the importance which this matter has for Australia and stated that it had no problem in recognizing ADB's compliance with building codes, fire regulations and similar types of legislation. However, it was not possible for ADB to be subject in its internal affairs (e.g. in employment matters) to the laws of all its member countries, as this would not allow the effective functioning of ADB. The ADB Team further clarified that the Board of Directors of ADB has established an independent Administrative Tribunal composed of five judges. The Statute of Administrative Tribunal requires that such persons must be of high moral character and must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence. Thus, ADB guarantees due process in employment matters. Moreover, it is the practice of