Considering the need felt by the Republic of Sudan and the United Arab Republic to undertake, on the basis of technical agreements other than those applied at present, new projects on the Nile making possible the full control and the increase in its output in order that its waters be fully utilized;
Considering that these projects require for their execution and administration, full agreement and total cooperation between the two Republics in order to control the advantages accruing to them and to use the waters of the Nile in such a manner as to secure the present and future needs of the two countries;
And considering that the Agreement on the waters on the of the Nile concluded in 1929 only provided for the partial utilization of the waters of the Nile and did not include the total control of the waters of the river, the two Republics agree that:
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The quantity of waters of the Nile used by the United Arab Republic until this agreement is signed, shall be its vested interest prior to obtaining the advantages stemming from projects undertaken for the control of the Nile and works which shall increase its output-works featuring in this Agreement. The total amount of this vested interest shall be 48 billion cubic meters per year, measured in Aswan.
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The quantity of water currently used by the Republic of Sudan shall be its vested interest prior to obtaining advantages which stem from works mentioned above. The total amount of these vested interests shall be 4 billion cubic meters per year measured in Aswan.
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With the regulating, the waters of the river and controlling its flow into the sea, the two Republics agree that the United Arab Republic shall construct the Sudd el Aali in Aswan, the first of a series of structures on the Nile for the storage of waters over a one-year period.
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In order to allow Sudan to use its share of water, the two Republics agree that the Republic of Sudan shall construct the Roseires Dam over the Blue Nile as well as any other structure that the Republic of Sudan shall deem necessary for the utilization of its share.
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The net advantages stemming from the Sudd el Aali shall be calculated on the basis of the natural flow of the river at Aswan, taken over the years of this century, which is estimated to be 84 billion cubic meters per year. The vested interests of the two Republics, mentioned in the "first" articles as measured at Aswan as well as the average losses in water caused by storage over a period of one year in the Sudd el Aali reservoir shall be deducted from this output and the difference shall constitute the net profits that the two Republics shall share.
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The net profit of the Sudd el Aali reservoir mentioned in the preceding paragraph shall be shared between the two Republics in the ratio of 14½ for Sudan and 7½ for the United Arab Republic as long as the average output of the river remains within the limits of the average output mentioned in the preceding paragraph. This means that if the average output remained the same as the average of the preceding years of this century and which is estimated at 84 billion and if losses due to storage over the entire year remain the same as the present estimates of 10 billion, the net advantage of the Sudd el Aali reservoir will be 22 billion, the share of the Republic of Sudan being 14 billion ½ and the share of the United Arab Republic being 7 billion ½. By adding these shares to the vested interests, the total share of the net output of the Nile after the Sudd el Aali reservoir has gone into full operation will be 18 billion ½ for the Republic of Sudan and 55 billion ½ for the United Arab Republic. But if the average output increases, the net advantage resulting from this increase shall be divided between the two Republics in equal proportions.
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As the net advantage stemming from the Sudd el Aali reservoir (mentioned in paragraph 3 of the "second" article) is calculated on the basis of the average natural output of the river at Aswan in the course of the years of this century, after deduction of the vested interests of the two Republics, and the losses due to storage for a period of one year in the Sudd el Aali reservoir, it is agreed that this advantage shall be subjected to reviews by the Parties, at reasonable intervals which shall be determined by joint agreement once the Sudd el Aali reservoir goes into full operation.
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The Arab Republic of Egypt accepts to pay to the Republic of Sudan the sum of 15 million Egyptian pounds as compensation for damage caused to Sudanese goods as a result of the water storage in the Sudd el Aali reservoir up to a level of 182 meters (base reference). The payment of this compensation shall be carried out according to the attached agreement between the two Parties.
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The Republic of Sudan pledges to ensure, before July 1963, the final transfer of the population of Halfa and other Sudanese nationals whose lands shall be flooded by the stored waters.
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It is agreed that, when Sudd el Aali goes into full operation and stores water over a period of one year, the United Arab Republic shall no longer need to store water in the Gebel Aulia dam. The two contracting parties shall then examine all the problems stemming from this renouncement.
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Considering the fact that at present, considerable volumes of water of the Nile Basin are lost in the swamps of Bahr El Jebal, Bahr El Zaraf, Bahr El Ghazal and the Sobat, and that it is essential that efforts be made in order to avoid these losses and to increase the output of the river for purposes of agricultural development in the two Republics the two Republic have agreed that:
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In agreement with the United Arab Republic, the Republic of Sudan shall erect structures with a view to increasing the output of the river by checking water losses from the Nile Basin, from the swamps of Bahr El Jebel, Bahr El Zaraf, Bahr El Ghazal and their tributaries, from the Sobat and its tributaries and from the White Nile. The net output of these projects shall be distributed in equal proportions between the two Republics and each shall participate in the costs in equal proportions.
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The Republic of Sudan shall finance the projects mentioned above from its own funds and the United Arab Republic shall pay its share of costs in the same proportion of 50% which falls to it from the output of these projects.
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If, as result of the progress made in its agricultural development programme the United Arab Republic considers that it is necessary to undertake one of the projects intended for increasing the output of the Nile mentioned in the preceding paragraph, after it has been approved by the two Governments and at a time when the Republic of Sudan does not need these projects, the United Arab shall inform the Republic of Sudan of the date on which it can conveniently undertake the construction of the structure in question. In the two years following such a communication, each of the two Republics shall submit a programme spread over the period for the use of its share of waters thus recovered by the projects; each programme linking the two parties. On the expiry of two years, the Arab Republic of Egypt shall undertake the construction of works on its own account. When the Republic of Sudan is ready to use its own share according to the programme agreed u, it shall pay to the United Arab Republic a share of the advantages due to Sudan in relation to the totality of advantages stemming from these projects: with the understanding that the share of each of the Republics shall not exceed one-quarter of the advantages stemming from the projects.
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In order ensure technical cooperation between the Government of the two Republics with the aim of pursuing research and studies required for control works of the Nile and for the increase in its output and in order to pursue hydrological studies of its surface waters, the two Republics agree that immediately after the signing of this Agreement, a Joint Permanent Technical Commission shall be set up which would comprise the same number of members of each party and whose functions would be:
The elaboration of basic work projects aimed at increasing the output of the Nile and the control of studies required for the development of these works before presenting them for approval by the Governments of the two Republics.
The supervision of the works approved by the two Governments.
The development of the modus operandi for all the works which shall be undertaken on the Nile within the frontiers of Sudan and for those which shall be contructed outside the frontiers of Sudan in agreement with the authorities concerned in the countries in which such works shall be undertaken.
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The supervision of the application of all modi operandi mentioned in (c) relative to works undertaken within frontiers of Sudan and relative to the Sudd el Aali reservoir and the Aswan Dam is secured by official engineers appointed for purpose by the two Republics; as well as the supervision of the performance of structures erected on the Upper Nile as set forth in the agreements concluded with the countries in which such structures are erected.
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As it is probable that there could be a series of "Low Level" years which would lead to a succession of low levels in the Sudd el Aali reservoir, to the extent that it might not be possible for the two Republic to draw all the water that they would need at any given time during the years specified, the Technical Commission is responsible for taking equitable steps which shall be followed by the two Republics; the recommendations shall be submitted for approval by the two Governments.
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In order to make it possible for the Commission to discharge the functions set forth in the preceding paragraph, so as to attend to the continued gauging of the Nile and maintain observations of surface water plans, these tasks shall be carried out under the technical supervision of the Commission by engineers of the Republic of Sudan and engineers of the United Arab Republic in Sudan, in the United Arab Republic and in Uganda.
The two Government shall set up the Joint Technical Commission by a joint decree and shall grant it the funds required for its budget. Depending on the requirements of the works, the Commission may meet either in Cairo or Khartoum. Subject to the approval of the two Government, the Commission shall draw up the regulations governing the organization of technical, administrative and financial meetings and activities.
Should negotiations on the waters of the Nile with another Nile River State outside frontiers of the two Republics be necessary, the Government of the Republic of Sudan and that of the United Arab Republic shall adopt a common viewpoint after the problem has been studied by the Technical Commission. The common viewpoint shall serve as a basis for all negotiations between the Commission and the said States.
If the negotiations result in an agreement allowing the construction of works on the river, outside the frontiers of the two Republics, after having consulted with Government authorities of the States concerned, the Joint Technical Commission shall prepare all the technical details of the execution of works and operation and maintenance. After the Governments concerned have sanctioned these measures,
the Commission shall supervise the implementation of these technical agreements. Each time River States other than the two Republics emphasize their right to a portion of the waters of the Nile, the two Republics have agreed that they shall examine together these requests and shall come to a common viewpoint concerning them. If it results from this examination that a part of the waters of the Nile should be granted to one or the other of the said States, the quantity accepted shall be deducted from the share of the two Republics in equal proportions, calculated in Aswan. The Technical Commission mentioned in this agreement shall take the necessary steps with the States concerned with a view to ensuring that water consumption shall not exceed the volumes agreed upon.
Since the two Republics shall not be able to derive benefit the net advantage offered by the Sudd el Aali reservoir before the completion of its construction and before the reservoir can be fully used, the two Parties shall come to terms on their agricultural development programmes within the transitional period beginning and extending as far as the completion of the Sudd el Aali reservoir without prejudice to their current water needs.
Seventh:
This agreement shall come into force after ratification by the two contracting Parties subject to the condition that each of the Parties shall inform the other Party of the date of ratification through diplomatic channels.
Eighth:
Annexes (1) and (2, A and B) attached to this Agreement are considered as forming an integral part of the Agreement.
Drafted in Cairo, in Arabic, in two original on the 7th day of the month of Gumada El Oula 1379, on 8 November 1959.
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For the Republic of Sudan |
For the United Arab Republic |
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(signed) Lewa |
(signed) |
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MOHAMED TALAAT FARID |
ZAKARIA MOHIE EL DIN |
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Special Provision For a Water Loan Requested by the United Arab Republic
The Republic of Sudan accepts in principle to grant to the United Arab Republic, a water loan taken along the Sudan portion of the waters of Sudd el Aali in order to make it possible for it to pursue its already envisaged agricultural development programmes.
The United Arab Republic shall submit its loan request after a re-examination of its programmes, within the five years following the signing of this Agreement. If this re-examination undertaken by the United Arab Republic reveals that it needs this loan, the Republic of Sudan grant it a loan paid out of its own share not exceeding one and half billion, with the understanding that this loan shall discontinue in November 1977.
To: The Head of Delegation of the Republic of Sudan.
In accordance with the (Second) article, paragraph 6, of this agreement signed on this day, concerning the full utilization of the waters of the Nile, the compensations amounting to 15 million Egyptian pounds payable in pounds sterling or in another currency on which the two Parties shall agree, and calculated on the basis of a fixed rate of $ 2.87156 to the Egyptian pound, shall be paid as agreed upon by the Government of the United Arab Republic in instalments, as follows:
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3 million pounds on 1 January 1960 |
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4 million pounds on 1 January 1961 |
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4 million pounds on 1 January 1962 |
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4 million pounds on 1 January 1963 |
I would be grateful if you would confirm your agreement on the above conditions. With my highest consideration.
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Head of Delegation, |
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United Arab Republic |
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(signed) |
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ZAKARIA MOHIE EL DIN |
To: The Head of Delegation of the United Arab Republic.
I have the honour to acknowledge receipt of your letter this day stipulating the following:
"In accordance with the (Second) article, paragraph 6, of this agreement signed on this day, concerning the full utilization of the waters of the Nile, the compensations amounting to 15 million Egyptian pounds payable in pounds sterling or in another currency on which the two Parties shall agree, and calculated on the basis of a fixed rate of $ 2.87156 to the Egyptian pound, shall be paid as agreed upon by the Government of the United Arab Republic in instalments, as follows:
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3 million pounds on 1 January 1960
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4 million pounds on 1 January 1961
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4 million pounds on 1 January 1962
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4 million pounds on 1 January 1963
I would be grateful if you would confirm your agreement on the above conditions."
I have honour to confirm the agreement of the Government of the Republic of Sudan to the content of this letter. With my highest consideration.
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Head of Delegation, |
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Republic of Sudan |
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(signed) Lewa |
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MOHAMED TALAAT FARID |