AGREED MINUTESAGREED MINUTES

AGREED MINUTES

Arrangement between the Government of Australia and the Asian Development Bank regarding the Pacific Liaison and Coordination Office of the Asian Development Bank.

1. Negotiations in respect of the Arrangement between the Government of Australia (the Government) and the Asian Development Bank (ADB) regarding the Pacific Liaison and Coordination Office of ADB in Australia took place between representatives of the Government (Government Team) and ADB (ADB Team) at meetings and through correspondence held intermittently since June 2003. These minutes record certain clarifications and interpretations agreed upon between the parties in connection with the implementation and application of the Arrangement. These minutes are deemed to be an integral part of the Arrangement and have the same effect as if they were incorporated therein. Paragraphs 5.2 and 5.3
2. The Government Team emphasized the importance it attached to compliance by ADB and ADB staff with the Laws of Australia. In this context, the Government Team referred to, by way of an example, building codes and fire regulations and similar types of legislation and stated that ADB and ADB staff were required to comply with such codes and regulations. However, the Government Team stated that it was not the intention of the Government to interfere into ADB’s internal affairs; and that the provisions in paragraphs 5.2 and 5.3 are without prejudice to the immunity from legal process which ADB and ADB officers enjoy under the Charter and the Arrangement. The ADB Team recognized the importance which this matter has for Australia and stated that it had no problem in recognizing ADB’s compliance with building codes, fire regulations and similar types of legislation. However, it was not possible for ADB to be subject in its internal affairs (e.g. in employment matters) to the laws of all its member countries, as this would not allow the effective functioning of ADB. The ADB Team further clarified that the Board of Directors of ADB has established an independent Administrative Tribunal composed of five judges. The Statute of Administrative Tribunal requires that such persons must be of high moral character and must possess the qualifications required for appointment to high judicial office or be jurisconsults of recognized competence. Thus, ADB guarantees due process in employment matters. Moreover, it is the practice of ADB to include arbitration clauses into contracts with consultants, suppliers and contractors. Paragraph 11.1
3. The Government Team clarified that paragraph 11.1 of the Arrangement places Officers of ADB and experts performing missions for ADB as a matter of practice and law in the same position as officers of comparable rank of other Member Countries, while remaining consistent with the Laws of Australia and international obligations. The preceding notwithstanding, the Government Team emphasized that the Australian Government reserves the right to determine the manner in which the Laws of Australia give effect to discharging its undertakings, and while advice provided to the ADB Team was correct as of June 2004, the Government Team noted that visa classes and application procedures may change over time.