Agreement between the Government of Somaliland and INGOs

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AGREEMENT BETWEEN THE GOVERNMENT OF SOMALILAND

As represented by the

MINISTRY OF NATIONAL PLANNING AND Development
and

INTERNATIONAL NON -GOVERNMENTAL ORGANIZATIONS

WHEREAS/ underdevelopment and its resultant effects of natural
disasters compounded by man -made calamities have brought
hardship to the people of Somaliland hereafter referred to as
“the People”;

WHEREAS/ to seek short -term relief and long -term solutions to these
problems it is desirable to ensure that the activities of
international Non -Go vernmental Organizations are coordinated
in such a way as to ensure maximum benefit for the People of
Somaliland, with proper regulation by the Government of
Somaliland;

WHEREAS/ ________________________________________ {hereafter referred
to as the “Orga nization”} provides assistance to support
and/or complement the efforts of the Somaliland Government and
the People to develop the full resources of the country, both
human and material;

WHEREAS/ the Government of Somaliland has delegated the responsibil ity
for such coordination to the Ministry of National Planning and
Coordination (hereafter referred to as the Ministry);

WHEREAS/ the Ministry in accordance with its mandate wishes to
facilitate the work of the Organization, and at the same time
to ensure due compliance with the laws of Somaliland;

WHEREAS/ the Organization will enter into one or more agreements, if it
is operational and depending on its activities, with the
Ministry and relevant Line Ministries;

WHEREAS/ such agreements will make prov ision for the particular
activities to be carried out, the terms for reporting and
accounting therein, and the disposition of any material assets
used thereafter.

WHEREAS/ convinced that an agreement will facilitate an effective
environment in which to ca rry out work in a planned manner so
that duplication and wastage are avoided and

all parties are able to work towards self -sufficiency for, and
empowerment of, the People.

NOW THEREFORE/ the Ministry and the Organization agree as follows:

ART ICLE 1

PARTIES TO THE AGREEMENT AND DEFINITIONS

1. This agreement is made between the Ministry of National Planning and
Coordination on behalf of the Government of Somaliland and the
Organization.

2. Definitions.

The following terms and phrases shall, unless the particular context
otherwise requires, have the following meaning:

2.1 “Government” shall refer to the Somaliland Administration as
it exists at all levels (central, regional, district,
municipal). In signing this agreement, the Organization shall
not b e considered to be taking any position pertaining to
Somaliland’s status with regards to recognition.

2.2 “The Ministry” shall refer to the Ministry of National
Planning & Coordination, which has the mandate to be the
principle coordinating ministry for the G overnment of
Somaliland.

2.3 “Line Ministry” shall mean Ministry, autonomous Organization,
or any other government agency that has full responsibility in
any sector;

2.4 “The Organization” shall mean a non -political, non –
governmental, non -profit making h umanitarian Organization
which, using its own resources and resources it receives from
funding organizations, participates in activities which
contribute to national efforts to eliminate poverty and
promote the development of the country.

2.5 “Community” shall mean a grouping of people living in a
defined geographic area and benefiting from a specific
Organization implementing or funding project/s;

2.6 “Plan of Operation” shall provide information on the aims and
objectives of the Organization and the typ e of activities to
be undertaken in Somaliland. It shall also identify the
Organization’s country of origin, location of headquarters in
that country, anticipated administrative and operational
arrangements, implementing agencies, selected project area(s) ,

expected duration of projects, anticipated costs, disposition
of any material assets used, etc. The Plan of Operation shall
be submitted upon signing of this agreement and shall be a
requirement for legal registration of the Organization with
the Ministr y.

2.7 The “Annual Plan” shall be a report submitted at the beginning
of each year that outlines the Organization’s planned
activities for that year. The Annual Plan shall be an update
of the initial Plan of Operation and shall identify specific
projects whose implementation is anticipated.

2.8 “Annual Report” shall be a report submitted at the end of each
calendar year that outlines the activities carried out during
that year. In the event that activities specified in the
Annual Plan were not implemented or priorities were shifted,
the Annual Report will explain the reasons for this.

2.9 “Project Activities” shall mean relief, rehabilitation and
development activities such as (but not limited to) child
welfare, infrastructural development, emp loyment generating
schemes, drinking and livestock water projects, gratuitous
relief, supplementary nutrition, agricultural support
activities, health service measures, livestock preservation,
food delivery systems, natural resource management and
environm ental protection, undertakings in complementary
sectors and in other support activities;

2.10 “Project Agreement” shall mean the agreement entered into with
the Ministry and one or more Line Ministries which provides
the details of a particular project ac tivity to be carried out
based on the Plan of Operation and/or Annual Plan;

2.11 “Project Material” shall mean any and all commodities such as
food, medical supplies, equipment, vehicles, or other kinds of
goods and property used, owned or acquired by the Organization
for its project activities.

ARTICLE II.

OBLIGATIONS OF THE ORGANIZATION

The Organization shall:

1. through the process of registration, make known to the Ministry its
objectives, legal status in the country of origin, location of its
head office, relationships with any government and general source(s)
of funding;
2. subsequent to the signing of this Agreement, submit its Plan
of Operations to the Ministry.
3. prior to engaging in any new project activity, sign a Project
Agreement with the Ministry and relevant Line Ministry(ies);
4. sign a Memorandum of Understanding between the Organization
and the relevant Line Ministry(ies) to establish and clarify
the working relationship and any special arrangements that are
to be made between the Lin e Ministry(ies) in implementing the
Organization’s activities;
5. provide assistance to the people of Somaliland in accordance
with the terms of the relevant Project Agreement(s).
6. where appropriate, promote sustainability by ensuring the
ability of the commun ity or government counterpart to assume
responsibility for maintaining the project’s output;
7. in the event that the terms of a Project Agreement must be altered,
sign an amendment to that Project Agreement together with the other
signatories of the origina l Agreement (the Ministry and the relevant
Line Ministries).
8. deduct and transfer the amount of tax due from the salaries of
personnel of Somaliland nationals, as provided by the
respective tax laws of Somaliland;
9. submit to the Ministry and relevant Line M inistries
information and reports pertaining to project activities
(research, monitoring or evaluation reports; socioeconomic
surveys, feasibility studies, etc.);
10. upon expiry or termination of the Project, hand over the project
activities along with its as sets to the Ministry or to the Line
Ministry, or to such other Organizations approved by the Project
Agreement. In the event that some of the project assets are
required for similar activities within Somaliland each party shall
give full consideration to any proposal advanced by the other party;

11. transfer all assets and property of the Organization’s Head
Office in Somaliland to the Ministry upon the decision of
either party to terminate the operations of the Organization;

12. in the event that an expatriat e member of staff fails to pay
any and/or all bills and damages owed to the Government and/or
third parties, assume full responsibility for their
settlement;
13. copy to the Ministry, as the coordinating ministry for the
Government, all correspondence addresse d to any government
body (Line Ministry; regional, district or municipal offices;
etc.)

ARTICLE III
OBLIGATIONS AND RESPONSIBILITIES OF THE
MINISTRY OF N ATIONAL PLANNING AND Development
The Ministry shall:
1. act as the sole government body charged with regi stration of
nongovernmental organizations operating in Somaliland;
2. designate one or more Line Ministries with which the Organization
shall be authorized to work. Selections shall be made on the basis
of the sector(s) that the Organization intends to be in volved:
designations shall be made in consultation with the Organization and
the concerned ministries;
3. select the operational area(s) in which the Organization is
authorized to work; such designations shall give due consideration
to the geographic preferen ce(s) of the Organization and its field(s)
of competence;
4. act as the focal ministry for all communication between the
Somaliland Government and the Organization. All correspondence
between the designated line ministries and the Organization shall be
copie d to the Ministry of Planning;
5. liaise between the Organization, regional administration, line
ministries, and other Government Agencies in all matters relating to
the Organization’s activities in Somaliland;
6. provide support so that all work financed by the Organization and
all property of the projects shall be under the administration and

management of the Organization during the period of the validity of
this Agreement;
7. in the event that the Ministry evaluates the work of the
Organization, make available t o the Organization its findings for
review and comment before finalization;
8. subject to this Agreement and the terms of the project Agreement/s
that may be entered into hereafter, facilitate tax free importation
of materials into Somaliland for the Organiza tion’s head office in
Somaliland and for its projects;
9. assist in the granting of the privilege of importing and re –
exporting, free of all duties, household and personal effects and
other goods for the personal use of the Organization’s international
staff;
10. facilitate the entry into Somaliland of qualified expatriate
personnel for the Organization’s office(s) in Somaliland in the
absence of local expertise for projects;
11. facilitate, in respect of all non Somaliland personnel of the
Organization and their fami lies, exemptions from restrictions and
fees concerning entry visas, residence permits, and work permits
(where applicable);

ARTICLE IV
BOOKS OF ACCOUNTS AND RECORDS
1. The Organization shall keep and maintain full and accurate accounts
of its assets, liabil ities, income and expenditures in accordance
with standard accounting practices.
2. In the case of a dispute being brought to the Supreme Court (see
Art. V, Cl.1), the Organization may be required to present such
records to the Court for settlement of the c laim.

ARTICLE V
RESOLUTION OF DISPUTES
1. A resolution to any dispute between the Organization and the Ministry
or Line Ministry(ies), or any other entity arising out of or relating
to this Agreement or any specific Project Agreement, shall first be
sought t hrough negotiation, compromise or arbitration before resorting
to adjudication by the Supreme Court and the laws of the land.
2. If such resolution efforts fail, the case may be referred to the
Supreme Court of Somaliland by the Ministry o f National Planning and
Development . This Ministry shall be the only government body
mandated to bring a case involving the Organization to the court.

ARTICLE V
EFFECTIVE DATE, DURATION, RENEWAL AND TERMINATION
1. This Agreement shall enter into force and be effective when d uly signed
by both parties.
2. This Agreement shall remain in full force and in effect for a period of
time not exceeding one year beginning from the date upon which it is
signed by both parties.
3. This Agreement may be renewed by mutual consent of the two part ies made
in writing no less than three months prior to the expiry date.
4. Either party may terminate this Agreement with two months’ prior
written notice to the other party.
5. Decisions to terminate this Agreement from the Government side may be
made only by t he Ministry.
6. In a state of “force majeure” the Organization may terminate
performance of its obligations under this Agreement, and any or all
project Agreements forthwith, without prior notice, to the extent and
at such times as the Organization deems it necessary to ensure the
safety of its personnel and property.

ARTICLE VII
MISCELLANEOUS PROVISIONS
1. The employment and dismissal of local staff, and all related factors,
shall be governed by Somaliland Labour Code.
2. Any previous Agreement made between the Organization, the Ministry and
any Line Ministry is hereby replaced by this Agreement. Any project
activity undertaken under previous agreement shall, however, be
completed in accordance with original plans as long as they are in
conformity with the provi sion of this Agreement and general Government
policy.
3. Any relevant matter for which no provision is made in this Agreement
shall be settled by the parties in keeping with the purpose of the
Agreement and the intention of the parties, in which case, each pa rty
shall give full and sympathetic consideration to any proposal advanced
by the other party under this provision.
4. Failure to adhere to the terms and consideration of this Agreement may
result in its cancellation with two months’ notification.

5. Both part ies hereby agree that the signing of this Agreement does not
in any way entail liability and/or obligations on the part of either of
the parties except those liabilities/obligations explicitly accepted by
both under the terms of this Agreement.
6. The Ministr y and representatives of the Organizations have agreed that
this Agreement may require amendments from time to time. The Ministry,
through an established procedure, will give consideration to amendments
proposed either by the Ministry or the Organizations .
7. All parties are committed to abide by the spirit as well as the letter
of this Agreement.
8. Any notice or request made under this Agreement shall be deemed to have
been given or made when and where it is delivered by hand or faxed and
receipt confirmed by the other party.

FOR THE GOVERNMENT FOR THE ORGANIZATION
______________________________ _________________________
Line Ministry _________________________
_________________________

_________________________
(Na me of the Organization)

IN WITNESS WHEREOF, the undersigned being duly authorized by their
respective parties, have signed this Agreement at

Hargeisa, Somaliland, this _____ day of _____________, 19 _____

FOR AND ON BEHALF OF THE FOR AND ON BEHA LF OF
GOVERNMENT OF SOMALILAND THE ORGANIZATION
(Ministry of National Planning)
Signature _____________________ Signature _____________________

Name __________________________ Name __________________________

Title _________________________ Title ______ ___________________

Date __________________________ Date __________________________ `

REPUBLIC OF SOMALILAND
Ministry of National Planning & Development

INTERNATIONAL NONGOV ERNMENTAL ORGANIZATION

REGISTRATION APPLICA TION FORM

Part 1. To be fil led in triplicate by all International NGOs. Attach additional sheets as necessary
1. Name of the Organization:
2. Legal Status in Country of Origin:
(attach copy of Certificate of Registration)
3. Address in Country of Origin:

Tel: Fax: Email:
4. Address of Country Office (if not in Somaliland):

Tel: Fax: Email:
5. Main Somaliland Office:
City: _________________________

Tel: Fax: Email:
(specify name of telephone company)
6. Name of Country Director:
7. Name of Somaliland Representative (if different from 6) :
Dates of Appointment: From _______________ To ________________
8. Date of Organization’s entry into Somaliland: 9. Registered Before: Yes  No 
10. Branch Offices in Somaliland:
Region District
_______________________________ ________________________________________
_______________________________ ________________________________________
_______________________________ ________________________________________
_______________________________ ________________________________________
_______________________________ ________________________________________

11. Other developing countries where the agency is working or has worked: (submit to the Ministry any Annual
Reports or oth er descriptive information on such activities)

12. Sector(s) of proposed activity to be engaged in:
Health  Fisheries  Environment 
Education  Income Generation  Governance 
Water  Inf rastructure  Peace 
Livestock  Population  Relief 
Agriculture

Gender  Other
(specify)
 ___________

13. Targeted geographical area(s) of operation ( regions, districts):

14. Planned ti meframe for operations in Somaliland (if known):
15. Expatriate Personnel (list all positions in the permanent organizational structure of the office – i.e. excluding
those recruited only for a specific project – whether currently filled or not):
No. Post Title Required Experience/Qualifications
1
2
3
4
5
6
16. Locally Recruited Staff (list all positions in the permanent organizational structure of the office – i.e.
excluding those recruited only for a specific project – whether cur rently filled or not. Include all support staff –
drivers, watchmen, cleaners, etc. ):
No. Post: # Positions Monthly Salary
1
2
3
4
5
6

NOTES
a) This registration application must be submitted toge ther with the Organization’s Plan of Operations
as stated in Article II, Clause 2 of the Agreement between the Government of Somaliland and the
Organization.
b) All Organizations registering with the Ministry of National Planning & Development are required to
pay a nominal administrative fee to the Ministry of Finance. The fees are as follows:
New Registration: US$ 500.00 Renewal: US$ 300.00
Note: An Organization whose registration has expired but seeks re -registration will be
considered to be a new registrant.
c) For each project implemented, the Organization must submit a Project Summary Form (available
from the Ministry) in tabular or text form, as stated in Article II, Clause 3 of the Agreement between
the Government of Somaliland and the Organi zation.
d) Once the Organization has established itself in Somaliland and is ready to begin its project activities,
it must complete and submit the Statement of Assets and Rental Agreements, available from the
Ministry of National Planning & Development . Applications for approval of Importation of Duty
Free Items must be made using the Duty Free Import Declaration Form, available from the Ministry
of National Planning & Development .
e) Organizations should give at least 3 months’ notice to the Ministry of National Planning &
Development if they wish to renew or extend their services, and two months’ notice if they plan to
cancel their activities earlier than the date stated in Item 13 of this application.

DECLARATION CLAUSE:
I hereby declare that the inform ation furnished above and the documents attached are true and correct to
the best of my knowledge.

ORGANIZATION’S NAME:
NAME OF REPRESENTATIVE:
SIGNATURE:
DATE:

PART II: TO BE FILLED BY THE MINISTRY OF NATIONAL PLANNING & Development
1. I have received and verified all the information necessary for registration of the international NGO
2. Registration will be applicable for one year.
3. Registration should be approved: yes/no (cancel the wrong)

4. If NO give reasons:

Name of the Officer of the Coordination Department, Ministry of National Planning & Development :
Name:

Title:
Signature:
Date:

5. Approved by Director General, Ministry of National Planning & Development :
Name:
Title:
Signature:
Date:

REPUBLIC OF SOMALILAND
Ministry of National Planning & Development

DUTY FREE IMPORT DECLARATION FORM

Instructions: For each proposed project, provide the details of all goods to be imported duty free. This list will be
used to verify individual reques ts for duty free import, so please provide as complete information as is available

Item type Amount/
Quantity
Manufac –
turer
Value Country of
Origin Port of Entry Estimate
d Arrival
Date

Include with this form for each item:
1. Copy of Purchase Order
2. Copy of Bill of Landing
3. Letter of Request for free duty to the Ministry of Planning and CC to the Ministry of Finance

REPUBLIC OF SOMALILAND
Ministry of National Planning & Development

To: Ministry of National Planning
Cc: Line Ministries ___________________
Cc: Funding Agencies
Cc: Regional Administration

Project Summary Form

Name of Organization: ____________________________NGO R egistration Number: _______________

Project Title: ___________________________________________________________________________

Sector(s): _______________________________________________________________________________

Location (Region, District, Vill age): ________________________________________________________

Estimated Funds for Project that are targeted for Somaliland (US$):
______________________________

Funding Agency: __________________________ Implementing Agency:
________________________ ___

Duration of Project: ________________________

Full name(s) of international
staff assigned to this project
Position/Title Nationality Expected
Duration of Stay
in Somaliland

Local staff Organization is employing (not including thos e hired by implementing agency):
Position: Number

Total:

Any other relevant information that the Organization might wish to bring to the ministries’
attention:

Signature of Representative of Organization:

Full Name: _________________________ ____

Signature: _____________________________

Date: _____________________________

Signature of Minister of Line Ministry:

Full Name: _____________________________ Line Ministry: _____________________________

Signature: ____ _________________________

Date: _____________________________

Approval of the Minister of National Planning & Development :

Full Name: _____________________________

Signature: ______________________________

Date: __________ __________________

REPUBLIC OF SOMALILAND
Ministry of National Planning & Development

STATEMENT OF PAYABLE FEES

_________________________________________________ (name of International NGO) has fulfilled
all requirements of application for registrat ion and the following administrative fees shall be payable to
the Ministry of Finance:

 New Registration US$ 500.00  Renewal US$ 300.00

Note: An Organization whose registration has expired but seeks re -registration will be considered
to be a new registrant.

Certified by:
Name:
Title: Director General, Ministry of National Planning & Development
Signature:
Date:

REPUBLIC OF SOMALILAND
Ministry of National Planning & Development

REGISTRATION APPLICATION RECEIPT SLIP

___________ ______________________________________ (Organization) has applied to be registered
as an international non -profit, nongovernmental organization in Somaliland this _______ day of
____________, ______ and has submitted the relevant documents and completed th e registration
application form satisfactorily.

Name:
Title: Director General, Ministry of National Planning & Development
Signature:
Date:

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