MODEL BILATERAL AGREEMENT CONCERNING

THE PROCUREMENT OF ASSISTANCE

The Conference

Recalling that the Commission, in PC-VII/8, paragraph 6.4, adopted the Draft Model Bilateral Agreement Concerning the Procurement of Assistance, as contained in Annex A to PC-VII/B/WP.6,

Bearing in mind that the Commission recommended in paragraph 62.2 of its Final Report that the Conference adopt the above-mentioned Draft Model Bilateral Agreement Concerning the Procurement of Assistance,

Hereby:

Adopts the Model Bilateral Agreement Concerning the Procurement of Assistance annexed hereto.

Annex

(blank page)

Annex

MODEL AGREEMENT BETWEEN

THE ORGANISATION FOR THE PROHIBITION OF CHEMICAL WEAPONS

AND

THE GOVERNMENT OF ........................

CONCERNING THE PROCUREMENT OF ASSISTANCE

THE ORGANISATION FOR

THE PROHIBITION OF CHEMICAL WEAPONS,

and

THE GOVERNMENT OF ............................,

Recalling the undertaking of States Parties to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and On Their Destruction, to provide assistance through the Organisation for the Prohibition of Chemical Weapons as stipulated in Article X of the Convention;

Considering that it is desirable to conclude an agreement concerning the procurement, upon demand, of assistance in accordance with Article VIII, paragraph 34(b), and Article X, paragraph 7(b), of the same Convention;

Have agreed as follows:

Article I

DEFINITIONS

In this Agreement:

(a) "Assistance" means assistance as defined in Article X, paragraph 1, of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and On Their Destruction;

(b) "Assisting State Party" means the Government of ......................;

(c) "Convention" means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and On Their Destruction;

(d) "Director-General" means the Director-General of the Technical Secretariat of the Organisation for the Prohibition of Chemical Weapons;

(e) "Parties" means the Assisting State Party and the Organisation for the Prohibition of Chemical Weapons.

Article II

OBLIGATIONS

1. The Assisting State Party undertakes to provide, upon request from the Director-General, assistance as contained in Annexes A to .... of this Agreement. The Annexes constitute an integral part of this Agreement.[2]

2. The Assisting State Party shall immediately acknowledge the receipt of such a request.

3. Assistance shall be dispatched promptly to the State Party concerned. The dispatch of assistance designated as emergency or humanitarian assistance by the Assisting State Party shall be in accordance with the relevant provisions of Article X of the Convention and should be initiated not later than twelve (12) hours after receipt of the request by the Assisting State Party for such assistance from the Director-General.

Article III

AMENDMENTS

1. At the request of either Party, this Agreement may be amended by mutual consent at any time.

2. The Party submitting the request for amendment shall allow the other Party sixty (60) days to consider the request.

3. Consent to the amendment shall be effected through an Exchange of Notes.

4. The amendment shall enter into force upon completion of the Exchange of Notes.

5. The Annexes to this Agreement can be amended unilaterally by the Assisting State Party, which undertakes to amend the Annexes whenever any change occurs in the information contained therein and to inform the Director-General of the change no less than thirty (30) days prior to the change taking effect.

Article IV

SETTLEMENT OF DISPUTES

Any dispute arising under this Agreement shall be settled in accordance with Article XIV of the Convention. Notwithstanding any such dispute, the undertaking of the State Party to provide assistance shall be fulfilled to the extent possible in accordance with the requirements of ArticleII.

Article V

ENTRY INTO FORCE

This Agreement shall enter into force thirty (30) days after signature and shall be valid until terminated by one or both Parties in accordance with ArticleVI.

Article VI

TERMINATION

1. This Agreement may be terminated at any time by either Party.

2. A Party wishing to terminate this Agreement shall give a notice to that effect in writing to the other Party and the termination shall come into effect one-hundred eighty (180) days after the acknowledgement of receipt of the notice by the other Party. The Parties shall continue to fulfil their obligations under this Agreement pending its termination.

[Standard concluding paragraph]

For the Organisation for the For the Government of .......................... Prohibition of Chemical Weapons

- - - o - - -