<СОГЛАШЕНИЕ МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ КОРОЛЕВСТВА ТАИЛАНД ОБ УРЕГУЛИРОВАНИИ ИМЕЮЩЕЙСЯ ЗАДОЛЖЕННОСТИ РОССИЙСКОЙ ФЕДЕРАЦИИ ПЕРЕД КОРОЛЕВСТВОМ ТАИЛАНД> [англ.](Заключено в г. Бангкоке 21.10.2003)
AGREEMENT
BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND
THE GOVERNMENT OF THE KINGDOM OF THAILAND ON THE SETTLEMENT
OF THE
OUTSTANDING DEBTS OF THE RUSSIAN FEDERATION OWED
TO THE KINGDOM OF
THAILAND
(Bangkok, 21.X.2003)
Preamble
The Government of the Russian
Federation and the Government of the Kingdom of Thailand (hereinafter referred
to as the "Parties"),
With a view to settling all outstanding debts under
the Agreement between the Government of the Russian Federation and the
Government of Thailand on the reschedule of the debts due to the Ministry of
Commerce of the Government of the Kingdom of Thailand, signed in Moscow on
August 23rd, 1994 (hereinafter referred to as the "1994 Agreement");
Desiring to develop further cooperation in the fields of science and technology,
trade, finance and economics between the two countries;
Have agreed as
follows:
Article I
The Amounts of the Debts
1. The debts to which
the provisions of the present Agreement shall apply are the following:
-
all outstanding amounts of principal under the 1994 Agreement on the date of
entry into force of the present Agreement;
- all outstanding amounts of
overdue contractual and late interest under the 1994 Agreement on the date of
entry into force of the present Agreement; and
- all the amounts of
penalty charge due under the 1994 Agreement on the date of entry into force of
the present Agreement.
2. The total outstanding principal amount under
the 1994 Agreement as on the date of entry into force of the present Agreement
(that is, USD 36,441,731.98, which is hereinafter referred to as the "Settled
Amount") shall be repaid in accordance with the provisions of the present
Agreement.
3. Payment of the Settled Amount in accordance with the
present Agreement shall be deemed, and is expressly agreed by the Parties to
constitute, full and final satisfaction and discharge of all outstanding amounts
of principal, interest and penalty charge due under the 1994 Agreement.
4. No contractual and late interest and penalty charge shall be due and payable
on the amounts mentioned in paragraph 1 of this Article from the original
maturity dates under the 1994 Agreement up to the date of entry into force of
the present Agreement.
Article II
Repayment of the Settled
Amount
The Settled Amount and Interest shall be repaid within 5 years
starting from the date of entry into force of the present Agreement by
deliveries of goods and services from the Russian Federation to the Kingdom of
Thailand in accordance with the procedure set forth in Article IV of the present
Agreement.
Article III
Calculation and Repayment of Interest
1. The
interest at the fixed rate of 2,5% per annum shall be calculated on the
outstanding balance of the Settled Amount of each calendar year on daily basis
based on 360-day year without intermediate capitalisation. The interest shall be
accrued and summed up for the repayment purpose at the beginning of the
following calendar year. For the year 2003, the interest period shall start from
the date of entry into force of the present Agreement.
2. The accrued
interest of the previous year shall be paid at the beginning of the following
year by deliveries of goods and services from the Russian Federation to the
Kingdom of Thailand in accordance with the procedure set forth in Article IV of
the present Agreement. Such accrued interest shall be primarily deducted until
it has been paid off, then the Settled Amount shall be deducted. Whenever the
Settled Amount has been paid off, the interest shall be immediately paid in
full.
Article IV
Repayment Mode
1. The Settled Amount and Interest
shall be repaid by delivery of goods and services from the Russian Federation to
the Kingdom of Thailand on the basis of the individual export-import contracts
(hereinafter referred to as "Contracts") to be entered into between the relevant
authorised Russian suppliers and Thai buyers on the most favourable and
competitive terms and conditions.
2. The categories of goods and services
to be delivered by the Russian Party are the following:
- Space
communication technologies, equipment and services;
- Military equipment
and services; and
- Other goods and services to be agreed between the
competent authorities of the Parties.
3. For the purposes of the
effective implementation of the present Agreement the competent authorities of
the Parties shall, after the entry into force of the Agreement, meet as soon as
possible in order to discuss the delivery amount, the list of goods and services
and the settlement of accounts which shall be agreed upon in the form of
Protocol between the competent authorities of the Parties. The list of goods and
services to be delivered shall be indicated by the Thai side.
4. With the
aim of increasing economic co-operation between the two countries, the Parties
agree that the contract value of the goods and services under each Contract
shall be credited against, and shall constitute repayment of, the Settled Amount
and Interest under the present Agreement. The Parties also agree that in case
the total amount of Contract"s value exceeds the Settled Amount and Interest, as
least 50% of the exceeding amount shall be paid by deliveries of goods and
services from the Kingdom of Thailand to the Russian Federation and the rest
shall be paid by the Thai buyers to the Russian suppliers in cash.
5. The
provisions of the Contracts shall provide for the collection form of settlement
for the deliveries of goods and services. The settlement of the indebtedness
under each delivery of goods and services shall be effected with the value date
being the date of acceptance of documents by the Thai buyer.
6. The due
date for acceptance and payment or non-acceptance/refusal of the documents
presented for collection shall not be later than 15 calendar days after the date
of receipt of each document by Export-Import Bank of Thailand (referred herein
to as "EXIM") from the Bank for Foreign Economic Affairs of the USSR (referred
herein to as "Vnesheconombank"). If within 15 calendar days Vnesheconombank
fails to receive from the EXIM any notice of non-acceptance of documents by the
Thai buyer, the dispatched documents shall be considered as accepted and paid
and the corresponding indebtedness shall be deemed satisfied and discharged in
full.
Article V
Prepayment
Amounts due under the present Agreement
may be prepaid at any time on the terms and conditions to be agreed upon by the
Parties following written notice by the Russian Party to the Thai
Party.
Article VI
Authorised Agents
1. Vnesheconombank and EXIM
shall be authorised agents of the Russian Party and the Thai Party,
respectively.
2. Vnesheconombank and EXIM shall process export and import
documents and account keeping under the present Agreement. Technical procedures
shall be determined by the respective interbanking arrangement to be concluded
between Vnesheconombank and EXIM.
Article VII
Settlement of
Disputes
Any difference and/or dispute arising under the present Agreement
shall be settled amicably between the Parties through consultation.
Article
VIII
Amendment
The present Agreement may be amended or modified at any
time by written agreement of the Parties.
Article IX
Entry into
Force
The present Agreement shall enter into force on the date of its
signing as set forth below.
The provisions of the present Agreement shall
exclusively govern the debts referred herein regardless of the payment
mechanisms provided for in the original credit contracts and/or in 1994
Agreement.
In witness whereof, the Undersigned being duly authorised
thereto by their respective Governments have signed the present
Agreement.
Done in Bangkok, on 21 October 2003, in two originals in the
English language, both texts being equally authentic.
