Finland / Burkina Faso

Name of the Agreement and date

  • Agreement between the Government of the Republic of Finland and the Government of Burkina Faso regarding Finnish support to the management of bush fires
  • October 1998.

Parties

  • Finland
  • Burkina Faso

Purpose

  • To improve the management of natural resources and to protect the natural forest cover.

Definitions

  • N/A

Information and Coordination

  • N/A

Personnel and Equipment

  • The Burkinabe Authority shall apply to the activities under this Agreement as well as to the Consultancy company and its personnel a treatment no less favourable than that accorded to projects or activities with other countries or international organizations serving in Burkina Faso in the field of development cooperation. (Article VII.1)

Expenses

  • The contribution of the Government of Finland towards the costs of the Project shall, on grant basis and subject to annual parliamentary approval, be a maximum of three million Finnish Marks. (Article IV.1)
  • The contribution shall only be used up to the actual amount necessary to cover the costs resulting from the implementation of the Project as specified in the Project Document. (Article IV.2)

Liabilities, Claims and Compensations

  1. The Government of Finland shall:

    1.1. Not be liable to indemnify any third party in respect of any third party in respect of any claim, debt, damage or demand arising out of the implementation of the Project and which may be against the Finnish agency, organization, corporation or the Personnel;

    1.2. not be liable for compensation for the death, disability or other hazards suffered by any personnel as a result of their employment for the implementation of the Project.

  2. The Government of Burkina Faso shall:

    2.1. indemnify and hold harmless the Government of Finland, against any and all liability, suits, actions, demands, damages, costs or fees on account of death and injury to persons or property or any other losses resulting from or connected with any act or omission by the Finnish agency, organization, corporation or the Personnel in the course of the implementation of the Project.

    2.2. in all other cases, except in cases of willful misconduct, gross negligence or criminal conduct, hold harmless and indemnify the Finnish agency, organization or corporation and the Personnel as well as bear all risks and claims resulting from, occurring in the course of or otherwise connected with the implementation of the Project, including words spoken or written in the course of the performance of their duties. Should however, willful misconduct, gross negligence or criminal conduct under this paragraph established by a Court of Burkina Faso, the Government of Burkina Faso may aid the person concerned liable for indemnification;

    2.3. In the event the Government of Burkina Faso meets any claim under paragraph 2.1 and 2.2 above it shall be entitled to exercise and enforce any right of set-off, counterclaim, insurance, indemnity, contribution or guarantee to which the Government of Finland, the Finnish agency, organization, corporation or the Personnel may become entitled. (Article VI)

Limited territorial application

  • N/A

Border crossing

  • N/A

Operating plans / Guidelines

  • Management of bush fires in Burkina Faso, Pilot Phase. Project Document.

Interpretation and Settlement of disputes

  • Should any dispute arise regarding the implementation or interpretation of this Agreement it shall be amicably settled by mutual negotiations between the Competent Authorities. (Article IX)

Entry into force, duration, termination and withdrawal

  • This Agreement shall enter into force on the date of its signature and remain valid until all the obligations hereunder have been duly fulfilled by the Parties hereto. (Article X.1)
  • This Agreement may be terminated by either of the Parties hereto giving a three months prior written notice to that effect to the other Party. (Article X.3)

Amendments

  • If either of the two Governments considers it desirable to amend any provision of this Agreement it may request consultations with the other Party. All amendments shall be made in writing between the Competent Authorities. (Article X.2)

Other provisions

  • Upon occurrence of any of the following events the Government of Finland may, after consultation with the Government of Burkina Faso, suspend in whole or in part the financing of the Project, until the event or events which gave rise to suspension have ceased to exist:
    - the contribution of the Government of Burkina Faso is not forthcoming in accordance with this Agreement and the Project document;
    - a condition has arisen which interferes or threatens to interfere with the carrying out of the Project or the accomplishment of the purpose of the Project.

last updated:  Friday, June 28, 2002