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Step 5: The draft MOA/MOU/Lease

While the MOA and/or MOU and/or Lease cannot be finalized until the TTCP has endorsed the project, the process of finalizing these documents is often lengthy; therefore it is strongly recommended that the UNCT begin draft these documents at this stage.

Getting all parties to agree on the contents of a legally binding MOU, MOA or Lease can be a long and arduous process. It is advisable to intiate this step early in the process as these legal and formal documents should be signed/executed before before Phase 3.

The MOA (Memorandum of Agreement) formalizes the commitment between the UN Agencies and the host Government, when the latter provides a building and/or land for a future UN House/UN Common Premises.

The draft MOA should also be reviewed by the respective HQs of all participating Agencies and the Government, before this draft is submitted to the TTCP.

With projects where the Government is responsible for (part of) the renovation/construction works, it is essential the MOA be finalized before renovation/cosntruction begins.

In Phase 1 step 1, all participating Agencies would have signed the Letter of Intent. Now it is time to formalize this commitment in an inter-Agency MOU. Please see below paragraphs for more information.

The MOU (Memorandum of Understanding) is designed to formalize commitment among UN Agencies and entities. Please note that the draft MOU also needs to be reviewed and agreed on by the respective HQs of all participating Agencies, before submitting it to the TTCP.

A Lease Agreement is used when renting commercial premises. The Agency signing the lease on behalf of the other Agencies, should ensure that the MOU is signed by all prior to signing the lease.

The draft Lease Agreement must be reviewed by the HQs of the Agency signing the lease, in addition to being shared with all participating Agencies, before it is submitted to the TTCP.

If the Lease Agreement is amended substiantially, this should be communicated to the TTCP, which will then liaise with the necessary legal bodies. Any substantial deviation from the Standard Lease will inevitably result in delays.

A Land Agreement is used to formalize the commitment between the UN Agencies and the host Government regarding land donated by the latter to establish a UN House/UN Common Premises. The draft Land Agreement must be reviewed by the HQs of the Agency signing it on behalf of the participating UN Agencies, before it is submitted to the TTCP.

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