AGREEMENT BETWEEN THE GOVKRi NT OF THK UNITED STATES OF AMERICA AND THK GOVERNMENT OF KL SALVADOR CONCERNING TBX ESTABLISHMENT OF AN INTERNATIONAL LAW KNFORCKMKNT ACADEMY of the United States of America the United States and the of El Salvador El Salvador or the Parties The Govennnent Government In vie'w of their close cooperatiori and mutual intere'st iii combating traiisnational crime and developing closer I'egional law enforc'ement coop'eration ' Have agreed as follows ARTICLE I ESTABLISHMENT An International Law Enforcement Academy site the Academy established in El Salvador is hereby The Academy may be identified by its English acronym ILEA and shaB operate as a joint entity of the United States and El Salvador ARTICLE 2 OBJECTIVES -'-' - Tlie objectives of the Academy shall be 1 to strengthen cooperation between law enforcement institutions in El Salvador the United States and other Latin American countries by providing training and continuing professionals education courses for law enforcement to strengthen cooperation among the countries of Latin America to combat 2 drug-related and transnational crime to provide quality training and institution-building transnational assistance to combat crimes including terrorism narcotics trafficking financial crimes cyber crime illegal firearms trafficking and smuggling and trafficking in persons and 4 to reinforce criminal justice institutions in Latin America with a view to the rule strengthening of law respect for human rights and democratic and law enforcement capacity institutions ARTICLE 3 IMPLEMENTATION OF THE AGREEMENT - The executive agents responsible for fulfilling the terms and conditions of this of State Agreement shall be for the United States the Department the Ministry and for El Salvador of Government ARTICLE 4 JOINT EL SALVADOR --UMTED STATES COMMITTEE -- There shall be a high-level Joint United States -- El Salvador Committee Committee to provide overall guidance to the Academy on matters pursuarit to'the objectives the Joint of general policy of this Agreement The' Joint Committee shall have the following duties a ' Report to the Patties on the implementatiori ol'this Agreement b Be apprised of the proposals submitted by the Program Director c Be apprised of the yearly review of training plans and their budgets d Any other duty conferred by this Agreement The Joint Committee shall consist of one senior representative appointed by each Party and such other members as are agreed upon by those representatives that each Party has an equal number of representatives provided of members and the total number does not exceed eight In addition the Program Director and the Managing Director shall be ex-officio members of the Committee The Joint Committee shall report to the Parties any action it takes shall require the approval of the Parties Each Party shall notify the other of the appointment of the Joint Committee shall rotate annually between the two'Parties of its senior representative through the diplomatic channel The Chair l and the Joint Com'mittee' shall at minimum meet twice each year ARTICLE 5 OF THE ACADEMY ORGANIZATION 1 The Academy shall have a Program Director appointed and funded by the United States who shall be in charge of and responsible for the operation Academy as well as for the supervision of personnel of the funded by the Government of the United States The Program Director shall at minimum be assisted by a Deputy Director appointed and funded by the United States 2 The Academy shall have a Managing Director appointed and funded by El Salvador who shall be responsible for' Academy facility and the shpervision the administration of personnel and management of the funded by the Government El Salvador The Managing Director shall at minimum be assisted by a Deputy Managing Director appointed and funded by El Salvador 3 The Program Director and the Managing Director shall determine the internal structure and administrative of rules applicable to the Academy 4 In consultation with the Joint Committee the Program Director shall prepare an annual training plan and budget by no later than August 1 of each year ARTIcLE 6 FACILITIKS FOR THE ACADKNIY 1 El Salvador shall identify a suitable site to be agreed upon by the Parties which meets the infrastructure administrative needs of the Academy These needs include offices and storage space as well as classrooms dormitories dining facilities a student center an auditorium a gymnasium ring and computer laboratories to accommodate 100 students Subject to the availability ' of funds El and track and field Salvador shall bear the costs for any necessary work to prepare the site for construction including at minimum not limited to earthwork installation of utilities and construction but of a suitable service road 3 Subject to the availability of appropriated funds which is a matter for the United States Congress to decide the United States shall bear the costs of building and or renovating the facilities 4 The Parties shall mutually decide on plans for the design construction and or renovation of the facilities the contracting process to be utilized selection of contractors and measures to supervise the construction and or renovation process 5 El Salvador shall bear the costs associated with the maintenance operations and security for the facilities 6 The facilities dedicated exclusively to the Academy shall remain so dedicated for the duration of this Agreement unless otherwise agreed by the Parties 7 Ownerslup and vehicles of the facilities upgrades fixtures equipment including computers of the Academy shall be vested in El Salvador unless otherwise agreed by the Parties In the event the Agreement is terminated before September 30 2015 El Salvador shall reimburse the United States for the depreciated value on the date of termination of Academy including upgrades fixtures equipment computers and vehicles funded by the United States 8 Until such time as the construction and or renovation of Academy facilities is completed El Salvador shall provide suitable administrative offices storage space as well as suitable classrooms dormitories dining facilities a student center an auditorium a gymnasium laboratories to accommodate and track and field ring and computer 50 students ARTICLE 7 PROGRAIVI AND OTHER COSTS 1 Subject to the availability of appropriated funds which is a matter for the United States Congress to decide the United States shall bear the costs relating to the programs offered by the Academy 2 The Parties shall share the costs associated with the administrative professional staff government responsibility 3 of the Academy The salaries and employment and benefits of employees assigned to the Academy by the Parties shall be the of the respective Parties El Salvador shall furnish emergency medical care and first aid at al ttuies including an on-site facility to provide such care eight hours a day five days per week 4 ' United States funds shall be obligated and spent in accordance with applicable United States laws and regulations Salvadoran funds shall be obligated and spent in accordance with the applicable laws and regulations of El Salvador ARTICLE 8 OVERSIGHT 1 The Academy shall finnish either Party upon request with information regarding the use of this -2 of funds or assets provided or financed by that Party within the framework Agreement At the request international of either Party the Academy's finances shall be audited by an independent Certified Public Accounting fiim chosen and paid for by the requesting Party 3 The United States shall assign a financial manager to the Academy for as long as the United States deems necessary of the This manager shall 'subject to'the supervision Program Director ov'ersee all expenditures of United States fu'nds El Salvador shall do the same with respect to its expenditures 4 The Parties shall evaluate jointly on an anmial basis the implementation Agreement and shall provide each odier with all information of this necessary for such evaluations ARTICLE 9 FISCAL YEAR With regard to funds provided by the United States Government the Academy's fiscal year shall begin on October 1 with regard to finds provided b'y El Salvador the fiscal year shall begin on Januar'y 1 of each year ARTIcLE 10 TAXATION 1 El Salvador shall ensure that the Academy is not subject to taxation or other charges government 2 Any property or funds introduced into or acquired in El Salvador by the United States or by any person or entity including but not limited to contractors and Government grantees funded by the United States Government as part of or in conjunction with this Agreement including but not limited to goods and services imported for purposes of constructing renovating and operating the facilities of the Academy shall be exempt from all taxes service charges and investment or deposit requirements currency controls in El Salvador sale of any and The import export purchase acquisition use or such property or funds'in conjunction with this Agreement shall be exempt from tariffs taxes on acquisitions or purchases or sales income taxes real estate taxes value-added taxes VAT and any other taxes or similar charges in El Sa vador 3 Commodities acqiured including by the United States its contractors and grantees and sub-contractors or sub-grantees or by foreign governments with United States assistance provided under this Agreement acquired by sub-contractors that were financed including those and grantees shall be exempt fiom taxation including VAT and tariffs imposed by El Salvador When payment is made for taxes on transfers made under this Agreement Fl Salvador shall provide reimbursement 5 months of the date of assessment to the Government of the United States or its agents including contractors and grantees for at a minimum are imposed equipment within VAT and tariffs that Commodities include any material article supply goods or ARTICLE 11 PRIVILEGES AND IMMUNITIES Upon notification by the United States El Salvador shall accord the members of the Point Committee the Program Director and his Deputies privileges and immunities equivalent to those accorded to diplomatic agents under the Vienna Convention on Diplomatic Relations 2 of El Salvador who are nationals individuals This paragraph shall not apply to any such Upon notification by the United States EI Salvadoishall advisors consultants and other members nationals of El Salvador privileges members of the administrative accord instrhctors of the staff of the Academy and immunities and technical staff equivalent who are not to those accorded to of a diplomatic mission under the Vienna Convention on Diplomatic Relations ARTICLE 12 BENEFITS FOR ACADEMY INSTRUCTORS ADVISORS CONSULTANTS AND STUDENTS l An Academy instructor consultant adviser or student who is not a Salvadoran national and who is temporarily in El Salvador shall be exempt from any taxes imposed under the laws a of El Salvador on payments received from the Academy any tariff or tax otherwise levied on the import or export b ' 2 personal or household of goods brought to El Salvador An Academy instructor consultant or adviser who is not a Salvadoran national and who works temporarily at the Academy shall additionally be exempt from all taxes on the rental of housing as well as the obligation to obtain a work permit and payment of social security contributions ' A student of the Academy who is not a Salvadoran national and who is 3 in El Salvador shall be considered a student temporarily of the Academy and as such shall be exempt from any obligation to obtain a work permit for the purpose of attending the Academy's program and from payment of social security contributions 4 El Salvador shall not charge for visas and residence permits issued to Academy instructors consultants advisers and students who require them in respect of their attendance or service at the Academy ARTICLE 13 DISPUTE SETTLEMENT or' Ahy hspute r'egarding interpretation' implementation of this Agreement submitted in the first instance to the Joint Committee for resolution shall be If the Joint Committee cannot resolve the dispute it shall be submitted to the Parties through their executive agents ARTICLE 14 ENTRY INTO FORCE AMENDMENT AND TERMINATION 1 This Agreement shall enter into force when the Parties communicate diplomatic channels that legal requirements 2 ' to that effect have been met Either Par'ty may request through diplomatic channels consultations amendment of this Agreement This via on Agreement may be amended by exchange of diplomatic notes 3 ' Either Party may terminate this Agreement at any time by giving written notice to the other Party and the termination receipt of such notice shall be effective six months after the date of 4 Should fans Agreement be terminated detailed report of Academy resources the Academy shall submit to the Parties a and the uses to which they have been put IN WlTNESS WHEREOF the undersigned respective Governments being duly authorized by their have signed this Agreement DONE at San Salvador on the 20 day of September 2005 in duplicate in the English and Spanish languages both texts being equally authentic A4 y FOR THE GOVERNMKIVT OK THK UNITED STATES OF AMERICA II DOUGLAS BAR CLAY AMBASSADOR FOR THE GOVERNMENT OE EL SALVADOR RElVE MARIO FIGUEROA FIGUEROA MINISTER OF GOVERNANCE                     National Security Archive    Suite 701  Gelman Library  The George Washington University    2130 H Street  NW  Washington  D C  20037    Phone  202 994‐7000  Fax  202 994‐7005  nsarchiv@gwu edu