AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE UNITED NATIONS SPECIAL FUND CONCERNING ASSISTANCE FROM THE SPECIAL FUND FOR THE ESTABLISHMENT OF AN INTERNATIONAL INSTITUTE OF SEISMOLOGY AND EARTHQUAKE ENGINEERING

　AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE UNITED NATIONS SPECIAL FUND CONCERNING ASSISTANCE FROM THE SPECIAL FUND FOR THE ESTABLISHMENT OF AN INTERNATIONAL INSTITUTE OF SEISMOLOGY AND EARTHQUAKE ENGINEERING

　WHEREAS the Government of Japan, supported by the Governments of Chile, Indonesia, the Philippines and Turkey, has requested assistance from the United Nations Special Fund in accordance with resolution 1240 (XIII) of the General Assembly of the United Nations for the establishment of an International Institute of Seismology and Earthquake Engineering in Japan to be undertaken by the Government of Japan by expanding and strengthening with such assistance its existing programme of international training in seismology and earthquake engineering;

　WHEREAS the Special Fund is prepared to provide the Government of Japan with such assistance for that purpose;

　NOW THEREFORE the Government of Japan and the Special Fund have entered into this Agreement in a spirit of friendly co-operation.

Article I Assistance to be provided by the Special Fund

1. This Agreement embodies the basic conditions regarding the execution of the project under which an Inter-national Institute of Seismology and Earthquake Engineering will be established by the Government of Japan (hereinafter referred to as "the Government") with the assistance of the Special Fund and also lays down the conditions under which such assistance will be extended.

2. A plan of Operation for the project shall be agreed to in wrting by the Government, the Special Fund and the United Nations Educational, Scientific and Cultural Organization as the Executing Agency (hereinafter referred to as "the Executing Agency"). The terms of this Agreement shall apply to the Plan of Operation.

3. The Special Fund undertakes to make available such sums as may be specified in the Plan of Operation for the execution of the project, in accordance with the relevant and applicable resolutions and decisions of the appropriate United Nations organs, in particular resolution 1240 (XIII) of the General Assembly, and subject to the availability of funds.

4. The Government on its part assumes the obligation for, and undertakes to provide, its contribution under Articles IV and V of this Agreement, on the basis of its relevant and applicable laws and in accordance with its annual budgetary appropriations.

Article II Execution of project

1. The parties hereby agree that the Executing Agency shall participate on bahalf of the Special Fund in the execution or administration of the project. The sums referred to in Article I above shall be disbursed to the Executing Agency by agreement between the Special Fund and the Executing Agency.

2. The Government agrees that Executing Agency, in carrying out the project, shall have the status, vis-a-vis the Special Fund, of an independent contractor. Accordingly, the Special Fund shall not be liable for the acts or omissions of the Executing Agency or of persons performing services on its behalf. The Executing Agency shall not be liable for the acts or omissions of the Special Fund or of persons performing services on behalf of the Special Fund.

3. Any agreement between the Government and the Executing Agency concerning the execution of the project shall be subject to the provisions of this Agreement and shall require the prior concurrence of the Managing Director of the Special Fund.

4. Any equipment, materials supplies and other property belonging to the Special Fund or the Executing Agency which may be utilized or provided by either or both in the execution of the project shall remain their property unless and until such time as title thereto may be transferred to the Government on terms and conditions mutually agreed upon between the Government and the Special Fund or the Executing Agency.

Article III Information concerning project

1. The Government shall furnish the Special Fund with such relevant documents, accounts, records, statements and other information as the Special Fund may request concerning the execution of the project or its continued feasibility and soundness, or concerning the compliance by the Government with any of its responsibilities under this Agreement.

2. The Special Fund undertakes that the Government will be kept currently informed of the progress of operations on the project executed under this Agreement. Either Party shall have the right, at any time, to observe the progress of any operations carried out under this Agreement.

3. The Government shall, subsequent to the completion of the project, make available to the Special Fund at its request information as to benefits derived from and activities undertaken to further the purposes of the project, and will permit observation by the Special Fund for this purpose.

4. The Government will also make available to Executing Agency all information cocnerning the project necessary or appropriate to its execution and all information necessary or appropriate to an evaluation, after its completion, of the benefits derived from and activities undertaken to further the purpose of the project.

5. The Parties shall consult each other regarding the publication as appropriate of any information relating to the project or to benefits derived therefrom.

Article IV Rarticipation and contribution of the Covernment in execution of project

1. The Government shall participate and co-operate in the execution of the project covered by this Agreement. It shall, in particular, perform all the acts required of it in the Plan of Operation, including the provisions of materials, equipment, supplies, labour and professional services available within the country.

2. The Government shall as appropriate display suitable signs at the project identifying it as one assisted by the Special Fund and the Executing Agency.

Article V Local facilities to be provided by the Government to the Special Fund and the Executing Agency

1. The Government shall assist the Special Fund and the Executing Agency in executing the project by paying or arranging to pay for the following local facilities as specified in the Plan of Operation, required to fulfil the programme of work:

(a) The local living costs of experts assigned by the Special Fund or the Executing Agency to Japan under this Agreement;

(b) Local administrative and clerical services, including the necessary local secretarial help, interpreter-translators, and related assistance;

(c) Transportation of personnel, supplies and equipment within the country;

(d) Postage and telecommunications for official purposes.

2. Moneys paid under the provisions of this Article shall be paid to the Special Fund and shall be administered in accordance with the applicable financial regulatoins of the Special Fund.

3. Any of the local services and facilities referred to in paragraph 1 above in respect of which payment is not made by the Government to the Special Fund shall be furnished in kind by the Government to the extent specified in the plan of Operation.

4. The Government also undertakes to furnish in kind the following local services and facilities:

(a) The necessary office space and other premises;

(b) Appropriate medical facilities and services for experts engaged in the project.

5. The Government undertakes to provide such assistance as it may be in a position to provide for the purpose of finding suitable housing accommodation for experts assigned to the country under this Agreement.

Article VI Relation to assistance from other sources.

　In the event that assistance towards the execution of the project is obtained by either Party from other sources, the Parties shall consult each other and the Executing Agency with a view to effective co-ordination and utilization of assistance received by the Government from all sources. The obligations of the Government hereunder shall not be modified by any arrangements with other entities co-operating with the Govenment in the execution of the project.

Article VII Use of assistance

　The Government shall exert its best efforts to make the most effective use of the assistance provided by the Special Fund and the Executing Agency and shall use such assistance for the purpose for which it is intended. The Government shall take such steps to this end as are specified in the Plan of Operation.

Article VIII Facilities, privileges and immunities

1. The Government shall apply to the United Nations and its organs, including the Special Fund, its property, funds and assets, and to its officials, the provisions of the Convention on the Privileges and Immunities of the United Nations.

2. The Government shall apply to the Executing Agency, its property, funds and assets and to its officials, the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies including the Annex IV of the Convention.

3. The Government shall take any measures which may be necessary to exempt the Special Fund and the Executing Agency and their officials from regulations and other legal provisions which may interfere with operations under this Agreement, and shall grant them such other facilities as may be necessary for the speedy and efficient execution of the project. It shall, in particular, grant them, in accordance with procedures prescribed in the Government's regulations, the following rights and facilities:

(a) The prompt issuance without cost of necessary visas, licences or permits;

(b) Access to the site of work and all necessary rights of way;

(c) Free movement, whether within or to or from the country, to the extent necessary for proper execution of the project;

(d) The most favourable legal rate of exchange;

(e) Any permits necessary for the importation of equipment, materials and supplies in connexion with this Agreement and for their subsequent exportation; and

(f) And permits necessary for importation of property belonging to and intended for the personal use or consumption of officials of the Special Fund or of the Executing Agency and for the subsequent exportation of such property.

4. The Government shall be responsible for dealing with any claims which may be brought by third parties against the Special Fund or the Executing Agency, or against the personnel of either, and shall hold the Special Fund, the Executing Agency and the above-mentioned persons harmless in case of any claims or liabilities resulting from operations under this Agreement, except where it is agreed by the Parties hereto and the Executing Agency that such claims of liabilities arise from the gross negligence or wilful misconduct of such persons.

Article IX Settlement of disputes

　Any dispute between the Government and the Special Fund arising out of or relating to this Agreement which cannot be settled by negotiation or other agreed mode of settlement shall be submitted to arbitration at the request of either Party. Each party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint the third, who shall be the chairman. If within thirty days of the request for arbitration either Party has not appointed an arbitrator or if within fifteen days of the appointment of two arbitrators the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator. The procedure of the arbitration shall be fixed by the arbitrators, and the expenses of the arbitration shall be borne by the Parties as assessed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the Parties as the final adjudication of the dispute.

Article X General provisions

1. This Agreement shall enter into force on the date on which the Managing Director of the Special Fund receives from the Government an note indicating its acceptance of this Agreement, and shall continue in force until terminated under paragraph 3 below.

2. Any relevant matter for which no provision is made in this Agreement shall be settled by the Parties in keeping with the relevant resolutions and decisions of the appropriate organs of the United Nations. Each Party shall give full and sympathetic consideration to any proposal advanced by the other Party under this paragraph.

3. This Agreement may be terminated by either Party by written notice to the other and shall terminate sixty days after receipt of such notice.

4. The obligations assumed by the Parties under Articles III and VII shall survive the termination of this Agreement. The obligations assumed by the Government under Article VIII hereof shall survive the termination of this Agreement to the extent necessary to permit orderly withdrawal of personnel, funds and property of the Special Fund and of the Executing Agency.

　IN WITNESS WHEREOF the undersigned, duly appointed representatives of the Government and of the Special Fund, respectively, have on behalf of the Parties signed the present Agreement at New York this 31 day of October 1962.

　For the Government:
Katsuo Okazaki Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations

　For the Special Fund:
Paul G. Hoffman Managing Director Special Fund

(Japanese Letter)

　 31 October 1962

　Sir, With reference to the Agreement between the Government of Japan and the United Nations Special Fund concerning assistance from the Special Fund for the establishment of an International Institute of Seismology and Earthquake Engineering signed today, I have the honour to inform you of the following:

1. With regard to Article VIII, paragraphs 1 and 2, these paragraphs are understood to apply "in regard to the execution of the project".

2. With regard to Article VIII, paragraph 4:

(a) The claims referred to in the phrase "The Government shall be responsible for dealing with any claims which may be brought by third parties against the Special Fund or the Executing Agency or against the personnel of either......" are to be understood as meaning claims resultinig from operation under this Agreement.

(b) It is further understood that the responsibility for dealing with such claims will not be interpreted as placing the obligation on the Government of Japan to become a party, or to act on behalf of a party, in litigation.

(c) The expression "operations under this Agreement" means the "acts done by the Special Fund, the Executing Agency or the personnel of either in the course of, or directly connected with, the performance of their mission".

3. The Government of Japan is willing to consider entering in due course into a basic Agreement, which, upon its entry into force, will supersede the Agreement signed today.

　I further have the honour to inform you that, notwithstanding Article X, paragraph 1 of the Agreement, in view of the desirability of establishing the Institute as soon as possible, the Government of Japan undertakes to implement, within the limits of its administrative power, the substance of the Agreement as of today's date, pending its entry into force in accordance with Article X, paragraph 1 thereof.

　Accept, Sir, the assurances of my highest consideration.

　For the Government:
Katsuo Okazaki Ambassador Extraordinary and Plenipotentiary Permanent Representative of Japan to the United Nations

　Mr. Paul G. Hoffman
Managing Director United Nations Special Fund

(Special Fund Letter)

　 31 October 1962

　Sir, I have the honour to acknowoledge the receipt of your letter of today, which reads as follows:

"(Japanese Letter)"

　It shall also be understood that the Special Fund shall give provisional application to the Agreement from today's date.

　It gives me pleasure to confirm the agreement of the Special Fund to the understanding contained in your communication quoted above.

　Accept, Sir, the assurances of my highest consideration,

　For the Special Fund:
Paul G. Hoffman Managing Director Special Fund

　His Excellency Mr. Katsuo Okazaki
Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations

(Japanese Letter)

31  October 1962

　Sir,With reference to the Agreement between the Government of Japan and the United Nations Special Fund concerning assistance from the Special Fund for the establishment of an International Institute of Seismology and Earthquake Engineering signed today, I have the honour to inform you of the following:

　With regard to Article VIII, Paragraph 3 (d), the basic rate of exchange of the Japanese currency is, according to the regulations of Japan, unitary for all kinds of transactions, but the actual rate of buying and/or selling may fluctuate within a narrow range around the basic rate. For example, the basic rate for the U.S. dollar is 360. Around this basic rate, the authorized Foreign Exchangs Banks are allowed to decide the actual commercial buying and/or selling rate within a certain range. To illustrate, the T.T. rate for the U.S. dollar is between 361.80 and 358.20, which corresponds to 0.5% of the basic rate in either direction.

　I have further the honour to request you to be good enough to take note of the above explanation.

　Very truly yours, For the Government:

　Katsuo Okazaki
Ambassador Extraordinary and Plenipotentiary Permanent Representative of Japan to the United Nations

　Mr. Paul G. Hoffman
Managing Director United Nations Special Fund
(Special Fund Letter)

31  October 1962

　Sir,I have the honour to acknowledge the receipt of your letter of today, which reads as follows:

"(Japanese Letter)"

　It gives me pleasure to confirm the agreement of the Special Fund to the understanding contained in your communication quoted above.

　Accept, Sir, the assurances of my highest consideration,

　For the Special Fund:
Paul G. Hoffman Managing Director Special Fund

　His Excellency Mr. Katsuo Okazaki
Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations

　UNITED NATIONS SRECIAL FUND PLAN OF OPERATION JAPAN

　INTERNATIONAL INSTITUTE OF SEISMOLOGY AND EARTHQUAKE ENGINEERING

　Project Data Summary

　Special Fund Allocation(*)...............US $ 761,700

　Government's Counterpart Contribution (estimated).......................US $ 1,001,920

　Duration......................................5 years

　Executing Agency...........................United Nations Educational, Scientific and Cultural Organization (UNESCO)

　Co-operating Government Agency......Ministry of Construction

(*) This figure includes the Government's payments towards local operating costs.

　International Institute of Seismology and Earthquake Engineering, Japan

　PLAN OF OPERATION

1. For the purpose of the project for an International Institute of Seismology and Earthquake Engineering in Tokyo, Japan, to be undertaken by the Government of Japan and by UNESCO acting as Executing Agency for the United Nations Special Fund, this Plan of Operation shall be the Plan of Operation provided for in Article I, paragraph 2 of the Agreement between the Government of Japan and the United Nations Special Fund concerning assistance from the Special Fund for the establishment of an International Institute of Seismology and Earthquake Engineering signed in New York on Octobar 31, 1962.

I. PURPOSE AND DESCRIPTION OF THE PROJECT

2. The purpose of the project is to establish an International Institute of Seismology and Earthquake Engineering, whose main function will be to offer advanced training in seismology and earthquake engineering, particularly to scientists and engineers from those countries lying within the main seismic zones of the world, where the science and applications of seismology are as yet not fully developed. The Institute will also undertake research in earthquake engineering and related seismological problems.

3. The Institute will draw on the facilities for training and research in these subjects offered by existing Japanese institutions, including those which have collaborated in recent years in the international training courses held under the auspices of the University of Tokyo. The international character of the Institute will be reinforced by the participation of experts from other countries in the teaching and research activities, and by an increase in the number of trainees coming from abroad.

4. The Institute will thus be in a position to respond to the need for specialists in seismology and earthquake engineering, the lack of whom is one of the main factors retarding progress in alleviating the destructive effects of earthquakes in many parts of the world.

II. WORK PLAN

A. PARTICIPATION AND CONTRIBUTION OF THE SPECIAL FUND

　Experts

5. The Special Fund, acting through the Executing Agency, shall provide the services of the following experts and consultants:

(i) 2 experts in seismology (Total 96 man-months)

(ii) 2 experts in earthquake engineering (Total 72 man-months)

(iii) 3 short-term consultants (Total 12 man-months)

　In the recruitment of experts and consultants, the Executing Agency shall follow its normal procedure. One of the experts  shall be selected as Chief Technical Advisor by the Executing Agency in consultation with the Government (see para. 33).

6. The expert services to be provided by the Special Fund are summerized in Appendix I attached to this Plan of Operation.

　Fellowships

7. The Special Fund, acting through the Executing Agency, shall award a maximum total of 67 fellowships (Total 804 man-months) in seismology and earthquake engineering, to enable persons from other countries to pursue the course of study offered by the Institute.

8. Member States of the United Nations or its Specialized Agencies, which are signatories of the Special Fund Agreement, shall be invited to present candidatures for the fellowships, which shall be examined by the Executing Agency in consultation with the Project Director. Fellowships awarded to the successful candidates shall be administered in accordance with the normal fellowship regulations of the Executing Agency.

9. Appendix I sets out the estimated cost of these fellowships.

　Equipment

10. The Special Fund, through the Executing Agency, shall furnish equipment to the Project of value not to exceed US $140,000.

11. The detailed list of equipment shall be established by the Chief Technical Advisor in consultation with the Project Director and submitted by him to the Executing Agency. The Executing Agency shall finalize the list and order the equipment in accordance with its normal procedure, bearing in mind the fact that equipment shall be delivered to the Project site only after buildings are ready to house it.

12. Appendix I sets out the estimated cost of the equipment.

13. The Special Fund shall meet the cost of transportation and insurance of the equipment from the country of purchase to the port of entry.

　Miscellaneous Expenditure

14. Miscellaneous expenses to be borne by the Special Fund in connection with the Project, shall not exceed US $19,500; the anticipated yearly expenditures are set out in Appendix I attached to this Plan of Operation.

B. PARTICIPATION AND CONTRIBUTION OF THE GOVERNMENT

15. The Government shall, on the basis of its relevant and applicable laws and in accordance with its annual budgetary appropriations, contribute to the Project in kind and in cash as follows:

(a) Government Counterpart Contribution in kind

　Land

16. The Government shall allot to the Institute an area of 2,100 square metres, located within the precincts of the Building Research Institute, for the constrution of a building to house the Institute. The estimated value of this land, at US $75 per square metre, is US $157,500.

　Building

17. The Government shall construct a building to house the Institute, having a floor area of approximately 1,300 square metres, at a cost of US $94,510. In addition, the Government shall provide the necessary furniture and fittings for this building.

　Equipment

18. The Government shall supply directly to the Institute equipment to a value of US $56,370 in 1962 and of US $27,060 in 1963, making a total of US $83,430.

19. In addition, the Government shall transfer to the institute training equipment, at present installed in the Building Research Institute, whose value is estimated at US $49,500. It shall also make available to the Institute, for its training programme, certain laboratory, workshop and library facilities, located in the Building Research Institute and other institute in Tokyo; the value of these facilities is estimated at US $9,830 per year.

　Fellowships

20. The Government shall award, during the period of operation of the Project, 78 fellowships to enable persons from countries other than Japan to under-take the course of studies offered by the Institute. The value of these fellowships, which will include travel to and from Japan, living expenses and tuition costs, is estimated at US $280,800 (78×US $3,600).

21. In addition, the Government shall meet the tuition costs of the persons attending the Institute with fellowships awarded by the Special Fund. These costs are estimated at US $670 per fellowship, and the total contribution of the Government under this heading will thus be US $ 44,890 (67×US $670).

22. The provision for these fellowships by the Government is shown in Appendix II attached to this Plan of Operation.

23. Participants from Japan may be admitted to the courses but their number shall not exceed one-third of the total number of trainees.

　Staff

24. The Government shall provide to the Project the following staff and consultants of Japanese nationality:

(i) A Project Director (see para. 32)

(ii) An Assistant Project Director

(iii) 8 experts in seismology and earthquake engineering (forming the professional staff)

(iv) 8 other staff, including research assistants,  a librarian, a chauffeur, a guard, etc.

(v) 3 consultants as counterparts to those provided by the Special Found (see para. 34).

25. The cost of salaries, allowances, overtime and other staff expenses is estimated at US $28,680 during the first year of operation. Making allowance for an annual increase of 4 per cent in these costs each year, the total contribution of the Government under this beading will be US $155,340.

　Running Costs

26. The Government shall meet the running costs of the Institute, including the costs of training excursions, the remuneration and transportation of visiting lecturers, expenditure on research, etc. The contribution of the Government under this heading is estimated to be US $21,360 during the first year of operation and US $16,360 during each subsequent year, making a total of US $86,800 for the duration of the Project.

　International transport, Installation and Maintenance of equipment contributed by the Special Found

27. The Government shall designate a responsible agent or authority to receive the equipment at the port of entry and to deliver it to the Project site.

28. The Government shall meet the cost of clearance through customs of Project equipment, its transportation from the port of entry to the Project site as well as its insurance, handling and storage within the country, and  related expenses.

(b) Government Contribution towards Local Operating Costs

29. With reference to the payments to be made by the Government under Article V, paragraph 1 (a) to (d) of the Agreement referred to in paragraph 1 of this Plan of Operation, excepting the cost of transport within the country of project equipment, which is a counterpart contribution (see para. 28 above), the Government shall pay to the Special Fund the equivalent of US $51,975 at the rate of exchange applicable on the day of payment towards local operating costs. This amount represents 15 per cent of the total estimated cost to the Special Fund of foreign Project personnel (see para. 5 above ). The above amount shall be deposited by the Government to the credit of the Special Found account, in the Mitsui Bank, Head Office, Tokyo in accordance with the following schedule:

　-Equivalent of US $1,730 on signature of this Plan of Operation

　-Equivalent of US $9,820 on 1 May 1963

　-Equivalent of US $11,550 on 1 May 1964

　-Equivalent of US $10,359 on 1 May 1965

　-Equivalent of US $10,395 on 1 May 1966

　-Equivalent of US $8,085 on 1 May 1967

　Payment of the above amounts, on or before the dates specified above is a prerequisits to operation.

C. SEQUENCE OF OPERATIONS

30. The Executing Agency shall commence execution of the Project on receipt of written authorization to do so from the Managing Director of the Special Fund.

31. The operation of the Project is expected to commence in September 1962. The anticipated sequence of subsequent operations is as follows:

　1962

　The Executing Agency will appoint the first two experts, in seismology and in earthquake engineering, who are expected to take up their posts towards the end of the year or early in 1963. 10 fellowships will be awarded to trainees from other countries for study at the Institute. (see footnotes to Table I).

　The Government will allot the land and will complete the building to house the Institute. It will provide the Project Director, the Assistant Project Director and most of the professional and other Japanese staff of the Institute. It will award 15 fellowships to trainees from other countries for study at the Institute in 1962/63 and will supply the Institute with equipment and facilities to a value of US $115,700.

　1963

　The Executing Agency will arrange the first meeting between its consultants and their Japanese counterparts in Tokyo in the second quarter of the year.

　The second expert in earthquake engineering will be appointed and will take up his duties in July or August, in time to prepare for the commencement of the courses in September.

　In April the Executing Agency will invite applications for 15 fellowships to be awarded in June for study at the Institute in 1963/64.

　The experts in seismology and in earthquake engineering will draw up, in consultation with the Project Director, a list of equipment for purchase by the Executing Agency and will forward this list to the Agency headquarters before mid-year. All or most of the orders will be placed, and it is expected that equipment to a value of US $15,000 will be despatched to the Institute by the end of the year.

　The Government will provide the full professional and other Japanese staff of the Institute throughout the year. It will also award 15 fellow ships to trainees from other countries for study at the Institute in 1963/64, and will supply equipment and facilities to the Institute to a value of US $36,890 in the coures of the year.

　 1964

　The expert in earthquake engineering appointed in 1963 will terminate his mission at mid-year and the Executing Agency will appoint the second expert in seismology, Who will take up his post in July or August, in time to prepare for the course beginning in September.

　The second meeting of the Executing Agency's consultants with their Japanese counterparts will take palace in Tokyo in September or early October.

　In April the Executing Agency will invite applications for 15 fellowships to be awarded in June for study at the Institute in 1964/65.

　It is estimated that equipment to a value of approximately US $75,000 will be delivered to the Institute in the course of the year, as a result of orders placed by the Executing Agency in 1963. By mid 1964, the remaining orders, if any, will have been placed for all the equipment to be furnished by the Executing Agency to the Institute. The Government will continue to meet the local staff and running costs of the Institute throughout the year. It will award 15 fellowships to trainees from other countries for study at the Institute in 1964/65, and will provide to the Institute facilities to a value of US $9,830.

　 1965

　The Executing Agency will continue to supply the services of 3 experts (2 in seismology and one in earthquake engineering ) throughout the year.

　In April applications will be invited for 15 fellowships, to be awarded in June, for study at the Institute in 1965/66.

　The remainder of the equipment orderd by the Executing Agency in 1963 (and in 1964, if any) will be delivered to the Institute in the course of the year, bringing the total value of equipment supplied up to US $140,000.

　The Government will continue to meet the local staff and running costs of the Institute throughout the year. It will award 15 fellowships to trainees from other countries for study at the Institute in 1965/66, and will provide to the Institute facilities to a value of US $9,830.

　 1966

　The Executing Agency will continue to supply the services of 3 experts throughout the year.

　In April, it will invite applications for 12 fellowships, to be awarded in June, for study at the Institute in 1966/67.

　The Government will continue to meet the local staff and running costs of the Institute throughout the year. It Will award 18 fellowships to trainees from other countries for study at the Institute in 1965/66, and will provide to the Institute facilities to a value of US $9,830.

　 1967

　The third and last meeting between the Executing Agency's consultants and their Japanese counterparts will take pace in Tokyo in the second quarter of the year. It will be concerned particularly with pans for the continuation of the work of the Institute after the termination of this Project.

　The three experts supplied by the Executing Agency will terminate their missions between June and September.

　By the end of September, the Executing Agency will have completed the execution of the Special Fund's obligations under this Plan of Operation.

　The Government will take steps to ensure that the Institute will continue to function as an international centre for training and research in seismology and earthquake engineering after termination of this Project.

D. ORGANIZATION

32. The responsibility for discharging the Government's obligations under this Plan of Operation shall lie with the Ministry of Construction, represented by the Project Director (see para. 24 above ).

33. The Chief Technical Advisor (see para. 5 above) shall provide the direct channel of communications between the Executing Agency and the Institute. He shall be responsible for the satisfactory integration into the Project of the Special Fund's contribution, and to this end shall maintain close consultative relations with the Project Director.

34. The three consultants appointed by the Executing Agency (see para. 5) and the three Japanese consultants (see para.24) shall meet in Tokyo three times during the period of execution of the Project in accordance with the schedule set out in paragraph 31 of this Plan of Operation. Their function shall be to advise the Government, the Executing Agency and the Special Found, throughout the duration of the Project, with regard to:

(a) the  training programme of the Institute (syllabus and curriculum of the training courses, the number of the trainees, staffing ), and

(b) the research programme of the Institute.

III. BUDGET

35. In addition to the services and facilities described in paragraphs 15-28 above to be provided in kind to the Project by the Government, estimated to cost a total of Japanese Yen 360,691,200, the equivalent of US $1,001,920 as detailed in Appendix II, the estimated total cash Project budget amounting to the equivalent of US $761,700 will consist of the following:

(a) The gross cost of experts, fellowships, equipment and miscellaneous expenses, described in paragraph 5-14 above to be met by the Special Fund and amounting to a total of US $707,000 which includes an amount estimated at the equivalent of US $51,975 representing cash payments in local currency to be made by the Government to the Special Fund towards local operating costs described in paragraph 29 above.

(b) The overhead costs of the Executing Agency (US $54,700) to be met by the Special Fund.

IV. IREPORTS

　Reports by the Government

36. At the end of each fiscal year (31 March), or during the first quarter of the following fiscal year, the Government shall submit to the Executing Agency a report on the Government's expenditure in connection with the Project. The report shall be set out in the form of a comparison with the expected expenditure under this Plan of Operation.

37. At the end of each calendar year, the Chief Technical Advisor and the Project Director shall jointly establish and certify an inventory of the equipment supplied to the Project since its commencement with the funds allocated by the Special Fund. This inventory shall be submitted by the Executing Agency to the Special Fund.

V. CONCLUSION

　Continuation of the Project

38. After the period of assistance by the Executing Agency and the Special Fund has been completed, the Government undertakes, on the basis of its relevant and applicable laws and in accordance with its annual budgetary appropriations, to continue the activities of the Institute at the same level. Arrangements for such a continuation shall be effected between the Executing Agency and the Government in the course of the last year of programme operation.

　Transfer of the Title of Property on Equipment

39. Upon successful conclusion of the Project, the Government the Executing Agency and the Special Fund shall consult with a view to effecting the transfer to the Government or a designated Agency of the Government, the title of the equipment which remains the property of the Special Fund during the period covered by this Plan of Operation.

　Visits to the Project

40. In order to assess progress in the operation of the Project, or to discuss its development with the experts or Government authorities, representatives of the Executing Agency or the Special Fund, including the Liaison Officer of the United Nations Technical Assistance Board and Special Fund, may visit the Project at any time.

　Supplementary Assistance from other Sources

41. The receipt of assistance from the Special Fund to the Project shall not prevent the Government from receiving assistance from other sources (through United Nations Programmes, bilateral programmes, private foundations). The Government agrees to furnish the Executing Agency with information on any such assistance.

　Revision of the Plan of Operation

42. If, in the course of the implementation of the Project one or more of the Parties concerned should consider a revision of this Plan of Operation advisable, such a revision shall be discussed by the three Parties concerned, and any necessary changes shall be a matter of agreement between them, subject to their respective legal procedures.

　Agreed on behalf of the Parties by the undersigned:

　The Govenmenrt of JAPAN
(Signed) Katsuo Okazaki

　Date:October 31, 1962

　The United Nations Special Fund
(Signed) Paul G. Hoffman

　Date: October 1, 1962

　The United Nations Educational, Scientific and Cultural Organization (UNESCO)
(Signed) Rene Maheu

　Date: October 31, 1962

(Japanese Letter)

　31 October 1962

　Sir, With reference to the Plan of Operation regarding the International Institute of Seismology and Earthquake Engineering, Japan, agreed upon between the Government of Japan, the United Nations Special Fund and the United Nations Educational, Scientific and Cultural Organization, I have the honour to inform you of the following:

1. It is the Government's understanding that for the purposes of this Plan of Operation the term "U.N. rate of exchange", as used in paragraph 29, is the same as the term "the U.N.operating rate of exchange" used in the footnotes to Appendix III of the said Plan of Operation.

2. With regard to paragraph 29 and the footnotes to Appendix III, it is the understanding of the Government that these amounts are payable in Japanese currency at the par value agreed between the Japanese Government and the International Monetary Fund applicable on the day of payment, provided that there is no other legally established and more favorable rate of exchange made available to the United Nations Special Fund by the Japanese Government.

　I have further the honour to request you to be good enough to take note of the above explanation.

　Very truly yours, For the Government:

　Katsuo Okazaki
Ambassador Extraordinary and Plenipotentiary Permanent Representative of Japan to the United Nations

　Mr.Paul G. Hoffman
Managing Director
 United Nations Special Fund

(Special Fund letter) 

　31 October 1962

　Sir, I have the honour to acknowledge the receipt of your letter of today, which reads as follows:

"(Japanese Letter)""

　It gives me pleasure to confirm the agreement of the Special Fund to the understanding contained in your communication quoted above.

　Accept, Sir, the assurances of my highest consideration.

　Paul G. Hoffman
Managing Director

　His Excellency Mr. Katsuo Okazaki
Ambassador Extraordinary and Plenipotentiary Permanent Representative of Japan to the United Nations