Agreement
between the Government of the Republic of Latvia and the Cabinet
of Ministers of Ukraine on technical and financial
cooperation
The Government of the Republic of Latvia (hereinafter - the
Latvian Party) and the Cabinet of Ministers of Ukraine
(hereinafter - the Ukrainian Party), hereinafter jointly referred
to as the Parties,
reiterating their unequivocal condemnation of Russia's
full-scale military invasion of Ukraine and the crimes committed
by Russian forces in Ukraine against its people and
infrastructure,
supporting firmly Ukraine's independence, sovereignty and
territorial integrity within its internationally recognised
borders,
recognizing Ukraine's European perspective and understanding
the need for Ukraine as a European Union candidate country to
implement substantial reforms to become a European Union member
state,
noting their long standing and fruitful bilateral
relationships,
desiring to strengthen the relationship and facilitate
technical and financial cooperation between the two states,
desiring to cooperate with the aim of contributing to
sustainable economic and social development and to the promotion
of democracy and human rights in Ukraine,
ensuring the Latvian side's commitment to continue providing
support to Ukraine,
ensuring Latvia's involvement in the recovery and
reconstruction of Ukraine,
have agreed as follows:
Article I
Scope and objective
1. The objective of this Agreement is to establish a set of
legal rules and procedures according to which Parties ensure
mutual cooperation and coordination to simplify the
implementation of the support programs or projects for recovery
and strengthening of Ukraine.
2. The Agreement shall apply to all programs or projects of
technical and financial assistance located in Ukraine and
financed wholly or partly by the Latvian Party (hereinafter -
programs or projects) in connection to the provision of aid in
the process of recovery and strengthening of Ukraine.
Technical assistance includes, inter alia, transfer of
know-how, coaching, consultation, supply of goods, equipment and
materials as well as assistance related to introducing new
technologies necessary for the successful implementation of
programs or projects.
Financial assistance includes, inter alia, means to finance
the supply of goods, equipment and materials, works and services
necessary for the successful implementation of programs or
projects.
The term "Latvian expert" means an expert
commissioned for the purpose of a program or project within the
scope of this Agreement who is not a citizen of Ukraine and does
not permanently reside in Ukraine.
3. Each program or project which falls within the scope of
this Agreement shall be subject to specific arrangements between
the parties to such a program or project. Such arrangements shall
specify in detail the rights and obligations of each party to the
program or project.
4. The Ukrainian Party shall ensure that all programs or
projects within the scope of this Agreement are registered, free
of charge and without delay, in the Secretariat of the Cabinet of
Ministers of Ukraine in accordance with the legislation of
Ukraine.
Article II
Representation
In matters pertaining to the implementation of the Agreement,
the Secretariat of the Cabinet of Ministers of Ukraine and the
Ministry of Foreign Affairs of Republic of Latvia shall be the
competent authorities to represent the Ukrainian and the Latvian
Party respectively. All communication with the Latvian Party
regarding this Agreement shall be directed to the Embassy of the
Republic of Latvia in Ukraine. All communication with the
Ukrainian Party regarding this Agreement shall be directed to the
Embassy of Ukraine in the Republic of Latvia.
The Parties, acting through the competent authorities, shall
have regular consultations.
Article
III
Taxation and customs provisions
1. For the purpose of implementation of programs or projects
within the scope of this Agreement all admission of goods in
Ukraine shall be exempt from any taxes, customs duties, fees and
other charges having equivalent effect. This shall also apply to
services, funds and other resources in connection with the
implementation of programs or projects within the scope of this
Agreement.
2. The Ukrainian Party shall ensure that licenses for
temporary imports or admission of goods necessary to implement
programs or projects within the scope of this Agreement are
promptly granted according to the Ukrainian legislation.
3. Personal property of the Latvian experts shall be exempt
from indirect taxes, including import duties, as long as the said
expert's stay is temporary and is related to a program or project
within the scope of this Agreement.
4. Duty-free import into Ukraine of one motor vehicle per
Latvian expert is allowed, provided that the vehicle is used only
within the period of the expert's assignment to a program or
project and is re-exported at the end of this period.
5. The Latvian experts shall be exempt in Ukraine from the
income tax and any other direct tax, fees on salaries and
emoluments paid within the programs or projects in Ukraine.
Article IV
Anti-corruption
The Parties shall practice zero tolerance against corruption
and other financial irregularities within and related to the
programs or projects. The zero-tolerance policy applies to all
staff members, consultants and other non-staff personnel and to
cooperating partners within and related to the programs or
projects.
Article V
Rights of Latvian experts
1. The Ukrainian Party shall ensure prompt clearance, and
issue of long-term visas, free of charge, for the Latvian experts
assigned to the program or project of technical or financial
assistance registered within the framework of this Agreement, as
well as their family members, upon the invitation of the state
body, enterprise or organization, which is a recipient of such
assistance.
2. The Ukrainian Party shall provide Latvian experts, as well
as their family members, with all the necessary documents such as
temporary residence permits free of charge and carry out any
formalities without unreasonable delay according to the
legislation of Ukraine.
3. The Ukrainian Party shall ensure that the Latvian experts
have the right to open and operate an external bank account in
Ukraine for their personal needs, such accounts to be free of any
foreign exchange controls or charges imposed by Ukraine, and
balances being freely transferable into euro (EUR) or any other
convertible currency.
Article VI
Final provisions
1. This Agreement is concluded for an indefinite period and
shall enter into force on the date of receipt through diplomatic
channels of the last written notification by which the Parties
have informed each other of the completion of the internal legal
procedures.
2. Any modification to this Agreement shall be agreed upon in
writing between the Parties and enter into force according to
para 1 in this Article.
3. Each Party may terminate this Agreement by giving written
notice to the other Party. In this case, the Agreement shall
expire six (6) months after the receipt of such notice by the
other Party.
4. In case of its termination the provisions of this Agreement
shall continue to apply to all programs or projects which have
been agreed upon prior to its termination.
5. If any dispute arises relating to the implementation or
interpretation of the Agreement, the Parties shall consult with a
view to reaching a solution.
Done on January 11, 2024 in Riga in two originals, each in the
Latvian, Ukrainian and English languages, all texts being equally
authentic. In case of divergence in interpretation of provisions
of this Agreement the English text shall prevail.
For the Government
of the Republic
of Latvia
Arturs Krišjānis Kariņš
Minister of Foreign Affairs of
the Republic of Latvia |
For the Cabinet of
Ministers
of Ukraine
Dmytro Kuleba
Minister of Foreign Affairs of
Ukraine |