Salient Features of the Agreement between the Government of the Republic of Seychelles and the Government of the Republic of India on the Development, Management, Operation and Maintenance of Facilities on Assomption Island, Seychelles |01 March 2018

1. Background

On the 27th January, 2018, by authority of the President of the Republic, the Government of Seychelles (hereinafter referred to as the “GS”) represented by Mr Barry Faure, Secretary of State for Foreign Affairs, Department of Foreign Affairs, and the Government of the Republic of India (hereinafter referred to as the “GI”) represented by Dr S. Jaishankar, Foreign Secretary, Ministry of External Relations, executed an agreement (hereinafter referred to as the “Agreement”) that the principal and salient terms and conditions are set out hereunder.

2. The Preamble

The Preamble of the Agreement refers to the bilateral relationship between GS and GI, the expanse of the Exclusive Economic Zone of Seychelles (hereinafter referred to as the “EEZ”), the desire of GS to enhance and strengthen its control and maritime surveillance over its EEZ against illegal fishing and exploitation of its marine resources, piracy and other illegal activities, enhance its search and rescue capability in the region for the benefit of air and shipping traffic and strengthen its presence over its outer islands situated in its EEZ and GS’ desire to enhance the capabilities of the Defence Forces of Seychelles (hereinafter referred to as the “DFS” to carry out such control, surveillance, protection and search and rescue.

The Preamble further refers to GS’ request of support and cooperation to GI for GS to realise the said desires by developing the Facilities as part of the promotion of the bilateral cooperation on defence and security between them, and the acceptance on the part of GI to assist GS in the development of the Facilities for the realisation of GS’ said desires.

3. Operative Provisions

3.1 – Purpose

The purpose of the Agreement is to provide a framework for assistance by GI to GS for the development, management, operation, utilisation and maintenance of the facilities on Assomption Island, Seychelles (hereinafter referred to as the “Island”).

The facilities will comprise of aviation, maritime, communication and surveillance and miscellaneous infrastructure and facilities on a part of the Island (the said proposed military facilities on the Island is hereinafter referred to as the “Facilities” and the part of the Island on which the Facilities will be located is hereinafter referred to as the “Designated part of the Island”) as per design based on key specifications that a Joint Project Monitoring Committee and GS will approve (the development of the Facilities is hereinafter referred to as the “Project”).

3.2 Scope of Cooperation

3.2.1 The Facilities will be owned by GS.

3.2.2 GI will undertake the development of the Facilities. GI will bear the cost and expense for the development of the facilities.

3.2.3 GI will at its own cost carry out hydrographic and territorial survey of the Island and surrounding areas in consultation with GS.

3.2.4 GS and GI will undertake the joint management and administration of the Facilities.

3.2.5 GI will provide equipment, vehicles, plant, machinery, personnel and materials for management, operation and maintenance of the Facilities.

3.2.6 GI will assist personnel of DFS deployed at the Facilities with training.

The IAF and DFS will also conduct military exercises.

3.3 Obligations of GI and GS

3.3.1 GI will survey the Island as per above and provide GS with the data, design and construct the Facilities, train personnel of the DFS and undertake operation and maintenance of the Facilities, fund the construction, development, operation and maintenance of the Facilities including recurring expenditure and station personnel at the cost of GI for the design, construction and development of the Facilities, for the management, operation and maintenance of the Facilities and for provision of training.

3.3.2 GS will deploy adequate personnel for management and administration of the Facilities and for the operational requirement of the DFS, facilitate conduct of an EIA study by an approved independent person at the cost of GI, provide administrative clearances and support to GI as necessary, facilitate all necessary access to the Island by GI, its contractors and the IAF for design, construction, development of the Facilities and for the management, operation and maintenance of the Facilities and provide necessary security to personnel of GI and of its contractors, property and equipment on the Island.

3.4 Design, Construction and Development of the Facilities

3.4.1 GI will prepare the design of the Facilities in consultation with GS. A Project Management Team will be set up comprising officers, civil engineers, contractors and their personnel and other supporting and supervisory and testing staff. GS will also designate representatives to the Project Management Team.

3.4.2 The implementation of the Project and the development of the Facilities will be effected in direct association with GS. GS will assist GI in coordinating the movement of personnel, material and machinery to/from the Island and render all assistance to the Project Management

Team for the timely commencement of the Project and the early completion and the commissioning of the Facilities.

3.4.3 GS will grant GI full exemption from duties and taxes to all personnel, contractors and services engaged in the activities envisaged under the

Agreement and all equipment, goods, vehicles, plant, machinery, spare parts, materials now or hereafter required for the development, management, operation and maintenance of the Facilities.

3.4.4 GI and its contractor will procure from GS or its provider of such service or products in Seychelles all Petroleum Oil and Lubricants (POL), rations, fuel and related products as required by GI or its contractors, on commercial basis, for the Project.

3.4.5 The JPMC (as defined hereunder) and GS will approve the final design of the Facilities and the Project.

3.4.6 The development and construction of the Facilities will commence within a reasonable time of the entry into force of the Agreement and it will be completed within 24 months of the award of contract to the contractor.

3.5 Monitoring of the Project for Development of the Facilities

The Joint Project Monitoring Committee (hereinafter referred to as the “JPMC”) will be established to monitor the progress and execution of the Project. The JPMC will comprise the Secretary of State for Foreign Affairs of GS and the High Commissioner of GI (who will co-chair the JPMC) and 4 additional members (2 nominated by GS and 2 nominated by GI). The parties or the JPMC may as and when required co-opt additional members for specific matters that are under consideration by the JPMC.

3.6 Management, Administration, Operation and Maintenance of Facilities

3.6.1 The Facilities will be jointly managed and administered by GS (through DFS) and GI. The senior most Officer from the DFS and GI deployed at the Facilities will be entrusted with the joint management and administration of the Facilities including coordination of the training aspects.

3.6.2 DFS will nominate an officer of DFS to oversee the operations and maintenance of DFS’ activities at the Facilities. GI will deploy an Officer nominated by the Indian Navy to oversee GI’s operation and maintenance at the Facilities. GS and GI will ensure smooth coordination of their respective operations.

3.6.3 GI’s access and utilisation of the Facilities by its vessels and aircraft including military vessels and aircraft and other platform will be free of any charge.

3.6.4 The military personnel of GI deployed at the Facilities will (i) be allowed to wear IAF uniform and will also have the right to carry arms in accordance with their genuine military needs such as for military purposes, for guarding of the Facilities, their vessels, aircraft or platform and for self-protection, on condition that GI keeps GS informed of the details of such arms and ammunition landed ashore from the Indian military craft and (ii) operate their communication facilities in support of the activities.

3.6.5 The utilisation by GI of the Facilities of any vessels, aircraft or other platform carrying nuclear weapons is prohibited.

3.6.6 GI will not use the Facilities in any way whatsoever for purposes of war or for the storing of weapons, arms and ammunition save as stated above.

3.6.7 GI will in advance inform GS of its vessels and aircraft entering/exiting the Island.

3.6.8 GS will facilitate the entry and exit of personnel, vessels and aircraft of GI on the Island including custom and immigration formalities. GI’s official documents will be exempted from customs inspection.

3.6.9 The laws of Seychelles will apply at the facilities and to all personnel, vessels and aircraft proceeding to, or stationed on, the Island or the designated part of the Island.

3.6.10 Bona fide commercial, air and maritime traffic of either GS or GI; and military, quasi-military or Government ships and aircraft of third countries; will be permitted to use the Facilities as per procedures that GS and GI will agree upon.

3.7 Supplementary Agreements and Amendments

3.7.1 GS and GI may enter into further arrangements of a general or specific nature that are not covered by the Agreement to promote the implementation of the Agreement.

3.7.2 Any amendments to this Agreement will be by mutual agreement.

3.8. Joint Mechanism

3.8.1 Upon completion of the Project and the commissioning of the Facilities, a Joint Working Group (hereinafter referred to as the “JWG”) will be established between GS and GI to monitor and review the progress and implementation of the Agreement and resolve any issues that may arise therefrom.

3.8.2 The JWG will comprise the Secretary of State for Foreign Affairs of GS and the High Commissioner of GI or their representatives (who will co-chair the JWG), the Chief of the Armed Forces of the DFS or such officer not below the rank of Lieutenant Colonel that he will appoint, a representative of the Indian Navy and 2 persons nominated by GS and 2 persons nominated by GI. The JWG will work in close consultation with GS and GI and may as and when required co-opt additional members for specific matters that are under consideration by the JWG.

3.8.3 The JWG will meet every 6 months, or as required.

3.9 Settlement of Disputes and Indemnity

3.9.1 Dispute resolution between GS and GI will be effected by mutual consultation through the appropriate diplomatic channels.

3.9.10 Each party agrees to waive all claims against the other for damage to any property, or injury or death suffered by any member of its military or civilian personnel in the performance of duties in the context of this Agreement.

3.10 Entry into Force, Suspension and Termination

3.10.1 The Agreement will enter into force upon ratification/approval of both parties in terms of their legal or constitutional requirements for the entry into force of an agreement in respect of international relations.

3.10.2 The Agreement will be for a term of 20 years from its entry into force with an option for its renewal for further periods of 10 years at a time.

The Agreement will terminate by either GS or GI serving the other a written notice thereof at least 12 months prior to its expiration or the expiration of the renewed term.

3.10.3 GS has the right to suspend GI’s usage of the Facilities in exceptional circumstances until such time that the circumstances that warranted the suspension have mitigated. In such cases, GS and GI will enter into consultations promptly for the resumption of the usage of the Facilities.