THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL/BRAZIL
THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / BRAZIL
Volume(s) 1-3; pages 2785-2788
_________________________________________________
Memorandum of Understanding Between the Environmental Protection Agency of the United States of America and the Secretariat of the Environment of the Presidency of the Federative Republic of Brazil with the Brazilian Institute of Environment and Renewable Natural Resources, Washington, 1990
________________________________
Done at Washington 16 November 1990
Entered into force 16 November 1990
Primary source citation: Copy of text provided by the U.S. Department of State
_________________________________________
MEMORANDUM OF UNDERSTANDING BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED STATES OF AMERICA AND THE SECRETARIAT OF THE ENVIRONMENT OF THE PRESIDENCY OF THE FEDERATIVE REPUBLIC OF BRAZIL WITH THE BRAZILIAN INSTITUTE OF ENVIRONMENT AND RENEWABLE NATURAL RESOURCES
Whereas the Environmental Protection Agency (EPA) is responsible for implementing the federal laws designed to protect the environment in the United States of America; the Secretariat of the Environment of the Presidency of the Federative Republic of Brazil (SEMAM) is responsible for planning, coordinating and supervising to the Brazilian National Policy on the Environment; and the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) is the federal agency in charge of implementing the Brazilian National Policy on the Environment;
Whereas the Government of the United States of America and the Government of the Republic of Brazil have signed the Agreement relating to Cooperation on Science and Technology hereafter referred to as ‘the Agreement’, which entered into force on May 15, 1986;
Whereas cooperation between the Parties in the fields of environment and natural resources, among others, may be undertaken in accordance with Article III of the Agreement;
It is hereby agreed that:
ARTICLE I: PARTIES
The Parties to this Memorandum of Understanding (MOU) are EPA on the one hand and SEMAM and IBAMA on the other hand.
ARTICLE II: GENERAL PURPOSE
In accordance with the laws and regulations in their respective countries, the Parties shall cooperate to assist their respective nations to solve environmental problems of mutual concern, through the exchange of information and personnel, pursuant to this MOU and the Agreement or any applicable scientific and technological cooperation agreement that may be entered into by and between the United States and Brazil.
ARTICLE III: BASIC OBLIGATIONS
The Parties shall make available, upon request, advisors and services in fields such as air pollution, water pollution, soil pollution, marine pollution, environmental protection of human health and ecological systems, improvement of the urban environment, environmental legislation, environmental management and environmental economics, in accordance with the terms of the MOU and such Annexes which may mutually be agreed upon for specific cooperative activities as enumerated in Article IV. ARTICLE IV: COOPERATIVE ACTIVITIES
Cooperation under this MOU may take the following forms:
1. Exchange of scientists, engineers, scholars, specialists and delegations;
2. Exchange of non-proprietary information in the field of environmental protection;
3. Joint organization of symposia, seminars and lectures;
4. Cooperative study of environmental protection topics; and
5. Exchange and provision of samples, reagents, materials, data, instruments and components for testing, evaluation and other purposes.
Within the framework of this MOU, the Parties shall facilitate the exchange of personnel, entry of equipment and materials for research, and other elements of the project.
ARTICLE V: PARTICIPANTS
The scientists and engineers involved in activities shall be those in government agencies and in academic or other institutions including enterprises from the private sectors of the two countries.
ARTICLE VI: FUNDING
Activities under this MOU shall be subject to the availability of authorized funds and personnel as determined by the Administrator of EPA and the competent Brazilian authorities respectively. Except as otherwise specifically provided in this MOU and in any future Annex hereto, each Party shall bear the costs of discharging its respective responsibilities for activities of equal benefit. For activities which are not equally beneficial, costs shall be borne by each Government in proportion to the benefits derived, as agreed by the Parties.
ARTICLE VII: RELEASE OF INFORMATION
Scientific and technical information of a non-proprietary nature derived from cooperative activities under this MOU may be dissiminated subject to the agreement of each Party.
ARTICLE VIII: INTELLECTUAL PROPERTY
Intellectual property shall be handled in accordance with provisions worked out in the Scientific and Technological Cooperation Agreement of May 15, 1986, or any future provisions agreed upon by the Parties.
ARTICLE IX: GENERAL PROVISIONS
Participation of EPA, SEMAM, IBAMA and any other entities in activities undertaken pursuant to this MOU shall be subject to the relevant national laws and regulations, and international obligations entered into by each country. The MOU shall not affect the rights of EPA, SEMAM and IBAMA to conclude other Agreements in the same field.
ARTICLE X: PROJECT MANAGEMENT
The activities under this MOU shall be mutually agreed upon and shall be embodied in Annexes to this MOU that will:
1. Clearly describe the project and its objectives;
2. Clearly define the technical and financial responsibilities of the Parties;
3. Define the estimated duration of the activities undertaken in the framework of such project;
4. Establish a schedule of written progress and financial reports.
The Parties shall begin cooperative activities only after receipt of written approval of the respective Annex.
ARTICLE XI ENTRY INTO FORCE, DURATION, AMENDMENT AND TERMINATION
1. This MOU shall enter into force on the date of signature and shall remain in force for five (5) years. It may be extended by the mutual written agreement of the Parties.
2. This MOU may be amended and Annexes added at any time by mutual written agreement of the Parties.
3. This MOU may be terminated by either Party giving six months written notice to the other Party. The termination of the MOU shall not affect the duration of specific activities initiated prior to the termination but not yet completed thereunder.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, sign this MOU. DONE in Washington, D. C., in duplicate, in the English and the Portuguese languages, both being equally authentic, this sixteenth day of November 1990.
FOR THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED STATES OF AMERICA: William K. Reilly
FOR THE SECRETARIAT FOR THE ENVIRONMENT OF THE PRESIDENCY OF THE FEDERATIVE REPUBLIC OF BRAZIL: [Signature]
FOR THE BRAZILIAN INSTITUTE OF ENVIRONMENT AND RENEWABLE NATURAL RESOURCES: [Signature]