Agreement between the federal democratic republic of Ethiopia and the United Nations on the lease of additional land for the economic commission for Africa in Addis Ababa

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The Government of the Federal Democratic Republic of Ethiopia and the United Nations (hereinafter separately referred to respectively as “the Government” and

“the United Nations” and jointly as the “Parties”);

Whereas, the Headquarters of the United Nations Economic Commission for Africa (hereinafter referred to as “ECA”) was established in Addis Ababa, Ethiopia pursuant to Resolution 671 A (XXV) of the Economic and Social Council;

Whereas the Government of the Federal Democratic Republic of Ethiopia and the United Nations - an international intergovernmental organization established by its Member States pursuant to the Charter of the United Nations (hereinafter called the “United Nations”) concluded a Headquarters Agreement, on 18 June 1958 (hereinafter referred as the

“Headquarters Agreement”), and a further Agreement concerning the use of Africa Hall, on 30 September 1970, which is superseded by the Land Agreement, signed on 26 May 1971 granting the United Nations full and exclusive title to and ownership of the land, buildings and additional parcels of land of Africa Hall;

Whereas, the Parties concluded an agreement on 18 January 1990 whereby the Government granted full and exclusive title to an additional parcel of land for the construction of additional facilities; another agreement on 24 January 2007 whereby the Government further granted additional land for the construction of additional offices, and exhibition centre and other facilities to meet the immediate and future requirements of ECA and the Parties on 13 April 2018, signed an agreement for the implementation of the renovation and expansion of Africa hall at ECA;

Considering the General Assembly Resolution, A/RES/70/248 adopted on 23 December 2015 relating to the progress in the construction of new office facilities at the ECA and renovation of Africa Hall;

Whereas the Addis Ababa City Land Development and Management Bureau, Office of Land Banking and Transfer and the United Nations concluded an Urban Land Lease Agreement for a 3001 m² land leased to the ECA for expansion of a car parking area adjacent to the headquarters of the ECA dated ___________________ (herein attached as Annex I and hereinafter referred to as “the Urban Land Lease Agreement”);

Now, therefore, the Parties agree as follows:

ARTICLE 1 APPLICATION

This Agreement applies in relation to the Urban Land Lease Agreement and shall be applied and interpreted consistently with the Headquarters Agreement.

ARTICLE 2

TRANSFER OF THE ADDITIONAL LAND

1. The Government guarantees the transfer and full and exclusive use of the parcel of land measuring 3,001 square meters located in Addis Ababa, in Kirkos Sub-City, Woreda 08 (hereinafter referred to as the “Land”) by ECA for the construction of facilities for car parking.

2. The United Nations agrees to use the Land exclusively for the construction thereon of parking facilities, for the immediate and future requirements of ECA as detailed in Annex II.

3. The Land including all buildings and structures standing thereon shall be exempt from any and all charges, levies, taxes and other imposts with the exception of charges for specific services rendered.

ARTICLE 3 WARRANTY OF TITLE

1. The Government hereby warrants:

a) That the Land is free of any and all claims, encumbrances, liens, titles or rights and interests by third parties; and

b) That the United Nations shall have no obligation to pay any compensation for any third-party claims, whether past, present or future, in respect of the Land or in respect of the use and occupancy thereof by the United Nations.

ARTICLE 4 CLEARANCE OF LAND

The Government shall, no later than six (6) months after the signature of the Urban Land Lease Agreement, clear the Land at no cost and handover to the United Nations.

ARTICLE 5 POSSESSION

1. Within ten (10) days following the execution of the Urban Land Lease Agreement, the United Nations shall take possession of the Land; however, the Government may enter on the Land for the purpose of clearing the Land within the period provided under Article 4 of this agreement.

2. The Government agrees for the United Nations to proceed with the construction of the proposed facilities on the Land after taking possession of the land as provided under sub-article 1 of this Article.

3. At no expense to the Government, the United Nations shall have the sole right to construct on the Land, buildings, installations and other facilities for parking lots and to make such alternations, additions or improvements to the Land or such premises as it finds necessary for such purpose.

ARTICLE 6 QUIET POSSESSION

1. The United Nations shall have and enjoy full, quiet and undisturbed use and possession of the Land, and ownership of the buildings and structures standing on it; and the Government shall execute and deliver to the United Nations any and all instruments, and perform all other acts, as may be necessary to give effect to such rights as provided under the Headquarters Agreement concluded between the Government and ECA.

2. Such rights shall be for the purposes of the United Nations, exclusive use and possession of the Land and the Premises; however, such use and possession shall not include the right to commercially exploit or otherwise use the land and other natural resources. The Government shall not grant to any third party the right to commercially exploit or otherwise use the land and the natural resources therein during the term of the Urban Land Lease Agreement.

ARTICLE 7

ECAHEADQUARTERS SITE

The Land and any buildings or structures built upon it shall be deemed to be an integral part of the other ECA premises in Addis Ababa to which the Headquarters Agreement shall apply, mutatis mutandis.

ARTICLE 8

AMENITIES,FACILITIES AND EXEMPTIONS

1. The Government shall in line with the Addis Ababa City Master Plan, ensure that the use made of the areas and buildings in the vicinity of the Land shall not diminish the amenities of the Land or otherwise adversely affect its usefulness or the purposes for which it is used by the United Nations.

2. The United Nations shall, in its sole reasonable discretion, take such reasonable steps to ensure that the amenities of the area in the vicinity of the Land are not prejudiced or otherwise adversely affected by any use of the Land.

ARTICLE 9

TERM OF THE AGREEMENT

1. The duration of this Agreement shall be identical to the time period provided under the Urban Land Lease Agreement.

2. The United Nations shall not in any manner dispose of all or any part of the Land or transfer title to any building or buildings and facilities constructed thereon by the United Nations. The United Nations may temporarily transfer for use, assign, or sublet to the use of United Nations organs, programmes, funds, institutes,

agencies, commissions, committees, tribunals, missions, departments, offices or related United Nations organizations or entities buildings, structures or improvements thereon.

3. No amendment or termination of this Agreement shall have any effect or force on the property rights of the United Nations with respect to any buildings or facilities constructed by it without the Parties agreeing on the orderly disposition of the property on the Land possessed by the United Nations and/or payment of fair compensation to the United Nations by the Government. Such compensation shall be agreed by the Government and the United Nations.

4. In the event that the United Nations vacate the Land for any reason, the Land shall revert to the Government.

ARTICLE 10

PRIVILEGES AND IMMUNITIES DURING THE PERIOD OF CONSTRUCTION

1. During any period of construction of the parking facilities on the Land:

a) The United Nations or any agent thereof shall be permitted to import into Ethiopia all materials, equipment, supplies and other goods and services necessary for the purposes of or relating to the construction on the Land, and that such materials, equipment, supplies, goods and services shall be exempt from all taxes, duties, levies and other charges and imposts imposed by the Government, including, but not limited to, import duties. However, the United Nations will not claim exemption from payments which are no more than charges for public utility services;

b) The imported materials, equipment, supplies, goods and services shall be cleared expeditiously through customs; and

c) All personnel, experts, consultants or other employees or contractors of the United Nations, including their employees involved in the construction on the Land or in connection thereto, shall, upon request, be provided with visas as speedily as possible.

ARTICLE 11

AUTHORIZED REPRESENTATIVES

1. The Ministry of Foreign Affairs of the Government shall be the authorized representative in all matters relating to the implementation of this Agreement.

2. The Executive Secretary of ECA shall be the authorized representative in all matters relating to the implementation of this Agreement.

3. Notwithstanding sub-articles 1 and 2 of this article, the authorized representatives may duly designate an appropriate official to follow up on the implementation of this Agreement.

ARTICLE 12 FINAL PROVISIONS

1. This Agreement shall enter into force upon signature by the Parties.

2. This Agreement may be amended only upon the mutual written consent of the Parties.

3. This Agreement and any supplementary agreement entered into between the Government and the United Nations shall cease to be in force six months after either of the Parties shall have given notice in writing to the other of its decision to terminate the Agreement.

4. The Urban Land Lease Agreement shall be interpreted in light of its primary purpose, which is to enable the United Nations to fully and efficiently discharge its responsibilities and fulfill its objectives in Africa.

ARTICLE 13 NOTICES

Any notice that may be required to be given to any of the Parties shall be made through diplomatic channels.

ARTICLE 14 SETTLEMENT OF DISPUTES

Any dispute between the United Nations and the Government concerning or relating to the interpretation or application of this Agreement shall be settled in accordance with Section 21 of the Headquarters Agreement.

IN WITNESS WHEREOF, the respective authorized representatives of the Parties have signed this Agreement on the date first written above.

Done in duplicate in the English language on this …… day of …………. 2019 at Addis Ababa.

FOR THE GOVERNMENT OF THE FEDERAL DEMOCRATIC REPUBLIC

OF ETHIOPIA

FOR THE UNITED NATIONS

__________________________ __________________________

H.E.MR.GEDU ANDARGACHEW

MINISTER OF FOREIGN AFFAIRS OF THE

FEDERAL DEMOCRATIC REPUBLIC OF

ETHIOPIA

H.E MRS. VERA SONGWE UNITED NATIONS

UNDER-SECRETARY-GENERAL AND

EXECUTIVE SECRETARY OF THE

ECONOMIC COMMISSION FOR AFRICA

ANNEX I:

Urban Land Lease Agreement signed by the United Nations and the City Administration of Addis Ababa

(including Title Deed)

ANNEX II:

Proposed development