<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.
