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Treaty Series Recuei dens Traitds - United Nations Treaty Collection

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212 <strong>United</strong> <strong>Nations</strong> - <strong>Treaty</strong> <strong>Series</strong> 1967<br />

modified from time to time and (ii) will not necessarily be the same for both Rdgies.<br />

3. We recognize the importance for the Rdgies to operate in a sound and efficient<br />

manner and to earn adequate rates of return and take note that the above-mentioned<br />

Development Credit Agreements and Project Agreements contain covenants to<br />

that effect. We also attach great importance to maintaining the tariffs applicable<br />

to international traffic at the lowest levels consistent with sound commercial policy.<br />

Accordingly, it is our opinion that, in accordance with the provisions of such Development<br />

Credit Agreements and Project Agreements, each Rdgie should at all<br />

times take all practicable measures to reduce to a minimum the need to increase<br />

the tariffs applicable to international traffic.<br />

4. Should at any time either R~gie, on the basis of the findings of the consultants<br />

referred to in paragraph 2 above or on the basis of changes in costs, wish to modify<br />

any of its tariffs applicable to international traffic, such R6gie shall submit the<br />

matter to its Government. Such Government shall notify the other Government<br />

for the purposes of fixing a meeting date of the Commission Mixte established<br />

pursuant to the ((Protocole relatif h la Crdation d'une Commission Mixte)) dated<br />

June 8, 1963 between the Republic of Mali and the Republic of Senegal. The date<br />

of such meeting shall not be later than 60 days after the date of said notification.<br />

5. The Governments may at any time seek the Association's assistance for the<br />

purposes of arriving at a decision.<br />

6. If no decision shall have been taken within a period of 90 days after the notification<br />

referred to in paragraph 4 above shall have been made, either Rdgie may<br />

submit the matter to arbitration in accordance with the provisions of Chapter XXIV<br />

of the Railway Convention, and shall so notify the other Rdgie ; provided, however,<br />

that if the Arbitral Tribunal shall not have been constituted within 60 days after<br />

the date of such notification, the arbitrator or arbitrators not yet designated shall<br />

be designated by the President of the International Railways Federation at the<br />

request of either Rdgie. Prior to rendering its award, the Arbitral Tribunal shall<br />

give to the Association the opportunity of expressing its views.<br />

7. Please confirm your agreement with the foregoing, by signing the form of<br />

confirmation on the enclosed copy of this letter and returning it to us.<br />

Very truly yours,<br />

Republic of Mali: Republic of Senegal:<br />

By L. NEGRE By H. THIAM<br />

Authorized Representative Authorized Representative<br />

R~gie du Chemin de Fer du Mali: R6gie des Chemins de Fer du Sdn~gal:<br />

By L. NEGRE By Ousmane Soct DioP<br />

Authorized Representative Authorized Representative<br />

No. 8604

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