On the Project Support to Vocational Education and Training (VET) Reforms in Uzbekistan, Phase I

23.09.2022

Agreement

between the Ministry of Higher and Secondary Specialized Education on behalf of the Government of the Republic of Uzbekistan and the Swiss Agency for Development and Cooperation on behalf of the Government of the Swiss Confederation

[Registered by the Ministry of Foreign Affairs of the Republic of Uzbekistan in the state register under number 4532-FR-2023-H dated November 14, 2023]

On behalf of the Government of the Republic of Uzbekistan and the Government of Switzerland (hereinafter referred to as the «Contracting Parties»),

Intending to strengthen relations between the two countries and develop effective technical cooperation between them,

Acknowledging the development of secondary special, vocational education in Uzbekistan, as one of the priorities of the Government of the Republic of Uzbekistan,

Striving to improve cooperation between vocational special education institutions and real sector employers in the Republic of Uzbekistan,

Considering the respect for democratic principles and fundamental human rights, in particular as enshrined in the Universal Declaration of Human Rights, and the principles agreed in this Agreement, in the implementation of the domestic and foreign policies of both parties and the importance of the purposes of this Agreement,

Pursuant to the Agreement between the Government of the Republic of Uzbekistan and the Government of the Swiss Federal Council on technical and financial cooperation and humanitarian aid signed between the two countries on September 20, 2002, the following agreed:

Article 1. General Conditions and Definitions

Wherever used in this Agreement, unless the context otherwise requires, the subsequent terms have the following meaning:

a) The «Project» means the «Support to VET Reforms Project in Uzbekistan» (SVRP) financed by the Swiss Agency for Development and Cooperation and defined in the Project Document, which is an integral part of this Agreement;

b) «PSC» means the Project Steering Committee which is established in order to ensure the overall supervision and coordination of the Project as well as to address strategic issues;

c) «SDC» means Swiss Agency for Development and Cooperation;

d) «Helvetas» means Helvetas Swiss Intercooperation — the «Implementing Agency» mandated by the SDC for the implementation of the SVRP;

e) «VET» means Vocational Education and Training.

Article 2. Project Goals

1. The overall goal of the first phase of the Project is to contribute to more gainful employment of VET graduates through improved access to the labour market. VET students and graduates in Uzbekistan profit from labour market-oriented education and training system, allowing them to find and retain an attractive and decent job in sectors with growth potential.

2. The objectives, expected results and implementation approach are outlined in the Project Document, being an integral part of this Agreement (Annex 1).

Article 3. Scope of the Project Agreement

This Agreement includes the activities to be carried out in the Republic of Uzbekistan specified in the Project document attached to it and an integral part of it.

Article 4. Competent authorities

1. The Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (MoHSSE), the Swiss Agency for Development and Cooperation (SDC), and the Embassy of Switzerland in Uzbekistan are responsible for the implementation of the project.

2. The SDC shall be an Executive Authority for this Agreement and the implementation of the Project on behalf of the Swiss Confederation. The Embassy represents the SDC in Uzbekistan and shall be in charge of the administration and coordination of the Project.

3. Based on results of the international tender the SDC entrusts Helvetas Swiss Intercooperation as Implementing Agency with the implementation of the Project.

Article 5. Obligations of the SDC

1. The SDC shall make available a maximum amount of CHF 4 935 000 (Swiss Francs four million nine hundred thirty five thousand) for the implementation of the Project from December 1, 2021 to December 31, 2025 as described in the Project Document.

2. The funds of the Project shall be administered by the SDC through the Embassy of Switzerland.

Article 6. Obligations of the Government of the Republic of Uzbekistan

1. The MoHSSE shall ensure proper coordination and support of the Project in order to guarantee the full harmony and implementation of the Projectʼs goals, as well as support the participation of representatives of the Government of the Republic of Uzbekistan in the relevant events organized within the framework of the Project.

2. The MoHSSE shall commit itself to promptly provide the Embassy and the Project, upon written request, with all necessary information and authorizations, in order to enable them to perform their task in the most efficient and accurate manner for the successful implementation of the Project. This information shall be used solely for the purposes of the Project. Any other use shall be subject to the prior written consent of the MoHSSE.

3. The MoHSSE shall commit to ensure an appropriate coordination between the activities financed by the SDC and those financed by other donors in order to guarantee full coherence. Regular consultations between all involved actors shall be facilitated by the MoHSSE.

4. The MoHSSE shall take measures for the secure storage and maintenance of the goods or equipment financed from the funds of the SDC within the Project as well as ensure appropriate hand-over processes of the said goods or equipment according to the laws and regulations of the Republic of Uzbekistan at the end of the Project.

Article 7. Project Implementation

1. In order to ensure the overall supervision and coordination of the Project as well as to address policy issues, a Project Steering Committee (PSC) shall be established and meetings shall be held at least once a year. The PSC shall have a quorum only when the representatives of the two Parties are present. Decisions are reached by consensus.

2. The Implementing Agency shall be responsible for overall project oversight, implementation, and performance monitoring. The Implementing Agency shall report to PSC on project developments. The PSC shall be responsible for regularly reviewing and endorsement of the progress report and the Yearly Plans of Operations.

3. The Contracting Parties shall promptly inform each other and, to the extent reasonably practicable, consult with each other, regarding proposed amendments to this Agreement, proposed suspension or termination of the Project, and any event, which interferes or threatens to interfere with the successful implementation of the present Agreement. At the request of either Party, a special joint review may be conducted.

Article 8. Project Monitoring and Reporting

1. The MoHSSE and the Embassy of Switzerland will monitor progress and steer the Project implementation, adjusting planning and schedules as required.

2. Representatives of SDC Head Office and/or Embassy of Switzerland can visit the project field sites in coordination with the MoHSSE. The MoHSSE will facilitate these visits, especially in relation with the regional authorities and the organisations and staff responsible for the project.

3. The SDC may, at its own cost, undertake independent review, organize ex-post evaluations and periodic project supervision to ensure the efficient carrying out of the Project.

4. The internal monitoring of the Project activities is to be undertaken by the Implementing Agency.

5. An evaluation of the Projectʼs achievements shall be conducted by the end of the Project. The review shall focus on the results and any factors favorable to or hindering the Projectʼs progress. The evaluation shall be conducted by a third independent party mandated by the SDC.

Article 9. Procurement of Goods and Services

1. Goods and services to be financed by the SDC shall be procured in accordance with Swiss rules.

2. For the duration of the Project, goods provided with funds of the SDC for use in the Project shall remain at the unrestricted disposal of the SDC and shall not be diverted from the Project without prior written approval of the Embassy of Switzerland.

3. If for any reason the Project should have to be discontinued, the use of the goods provided with the funds of the SDC shall be agreed in writing between the Contracting Parties. In such a case, the SDC shall assume no liability whatsoever in connection with the said goods.

4. At the end of the Project, the Parties shall agree in written form on the property and use of the goods procured with the funds of the Project.

Article 10. Privileges and Immunities

The Government of the Republic of Uzbekistan shall:

a) grant the Embassy of Switzerland and its staff the same privileges and immunities stipulated in Paragraphs 6.2 and 6.8 of Article 6 of the Agreement between the Government of the Republic of Uzbekistan and the Swiss Federal Council on Technical and financial cooperation and humanitarian assistance signed between the two countries on September 20, 2002 as those usually granted to a diplomatic mission according to the Vienna Convention of 18 April, 1961 on Diplomatic Relations;

b) upon request by the Embassy of Switzerland, provide the personnel participating in the Project temporary entry and exit visas without levy of consular and other charges as specified in Paragraph 6.4 of Article 6 of the Agreement of 2002;

c) exempt the goods imported within the framework of the Project from custom duties. The goods, works and services, obtained in Uzbekistan within the framework of the Project, shall be exempted from value-added taxes specified in Paragraph 6.8 of Article 6 of the Agreement of 2002;

d) in accordance with the existing currency transfer regulations, facilitate in creating favorable conditions for the procedures of international transfers in foreign currency caused by project needs or expatriate personnel;

e) assist foreign and local experts to implement their tasks and provide them with all necessary authorizations, documentation and information, required for the successful implementation of the Project in accordance with the legislation of the Republic of Uzbekistan.

Article 11. Termination of the Agreement

1. Either Contracting Party shall have the right to terminate the present Agreement by giving three monthsʼ written notice of termination.

2. If either Contracting Party considers that the aims of the present Agreement can no longer be achieved or that the second Party is not meeting its obligations, the other Party shall have the right to suspend or terminate the present Agreement by giving one monthʼs written notice. Notwithstanding the preceding, either Party can terminate the present Agreement with immediate effect in case of substantial breach of the Agreement. Substantial breach means a serious violation of one of the main objectives of the Agreement and any corrupted action contrary to the purposes of this Agreement.

3. If events resulting from force majeure (natural disaster, etc.) prevent the execution of the Agreement, either Party may terminate the Agreement with effect from the moment when it becomes impossible to carry it out.

4. In case of premature termination of the present Agreement or upon completion of the Project, any unspent funds provided within the frame of the Project shall be returned to the SDC.

Article 12. Modifications and Settlement of Disputes

1. Any modifications or amendments to the present Agreement shall be considered an integral part of it and formalized by separate protocols.

2. Any disputes arising from the interpretation or application of the provisions of the present Agreement shall amicably be settled through negotiations and consultations between the Parties.

Article 13. Anticorruption Clause

Within the framework of this Agreement, the Parties shall neither directly nor indirectly propose benefits of any nature whatsoever. They shall not accept any such proposals.

Any corrupt or illegal behavior signifies a substantial breach of the present Agreement and justifies its termination as well as/or the recourse to supplementary corrective measures in accordance with applicable legislation.

Article 14. Duration and Effectiveness

The Agreement covers the period from December 1, 2021 to December 31, 2025. It shall enter into force upon signing by the Parties and is valid until the Parties have fulfilled all their contractual obligations.

Signed at Tashkent on 23 rd of september 2022, in two original copies in the Uzbek and English languages, being equally authentic, each copy for each of the Parties.

In case of differences in the interpretation of the provisions of this Agreement, the English version shall prevail.

(signatures)