THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / MEXICO
Volume(s) 1-3; pages 3309-3313
Memorandum of Understanding Between the National Park Service of the Department of the Interior of the United States of America and the Secretariat of Urban Development and Ecology on Cooperation in Management and Protection of National Parks and Other Protected Natural and Cultural Heritage Sites, Mexico City and Washington, 1988-1989
Done at Mexico City and Washington 30 November 1988 and 24 January 1989
Entered into force 24 January 1989
Primary source citation: Copy of text provided by the U.S. Department of State
MEMORANDUM OF UNDERSTANDING between NATIONAL PARK SERVICE OF THE DEPARTMENT OF THE INTERIOR OF THE UNITED STATES OF AMERICA and SECRETARIAT OF URBAN DEVELOPMENT AND ECOLOGY, UNITED MEXICAN STATES on Cooperation in Management and Protection of National Parks and Other Protected Natural and Cultural Heritage Sites
Memorandum of Understanding between the National Park Service of the Department of the Interior of the United States of America and the Directorate General for Ecological Conservation of the Natural Resources of the Secretariat of Urban Development and Ecology of the United Mexican States for collaboration in the conservation and management of protected natural areas and cultural heritage resources; the National Park Service of the Department of the Interior of the United States of America, hereinafter referred to as ‘USNPS’, and the Directorate General for Ecological Conservation of Natural Resources of the Secretariat of Urban Development and Ecology of the United Mexican States, hereinafter referred to as ‘D.G.C.E.R.N.’:
Recognizing the advanced cooperation that exists between USNPS and D.G.C.E.R.N., hereinafter referred to as the ‘Parties’, in the rational use and management of natural resources and the establishment and conservation of protected national areas that are their natural and cultural heritage;
Noting the mutual interest in the establishment and management of national parks and protected areas, that may be close or contiguous to the border, with the purpose of conserving ecosystems and promoting natural and cultural tourism;
Recognizing the advantages of facilitating, coordinating and amplifying efforts in conservation, management, development and research of natural and cultural resources in protected areas of mutual interest to both countries;
Recognizing the mutual interest in strengthening cooperation between the Parties in the exchange of information and informal education activities for the management and operation of parks;
Noting the mutual objectives and interests of the Parties declared in the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere of October 12, 1940; the Agreement on Scientific and Technical Cooperation Between the United States of America and the United States of Mexico of June 15, 1972; the Convention Concerning the Protection of World Cultural and Natural Heritage of November 16, 1972; the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region of March 24, 1983; and, the Agreement on Cooperation for the Protection and Improvement of the Environment in the Border Area of August 14, 1983;
Recognizing that the conservation policy in force in Mexico contemplates working in coordination and consultation with rural communities to conserve and rationally use and sustain natural areas and their resources, in a fashion that guarantees the preservation of biological diversity and the equilibrium of ecosystems, while at the same time allowing for integrated rural development;
Recognizing that the park policy in force in the U.S. is to conserve the scenery and the natural and cultural resources and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment of future generations while, at the same time, expand the role and involvement of citizens and groups in achieving the mission of USNPS and ensuring relationships with those whose lives and traditional practices are affected are considered in planning and management;
Recognizing that the biological diversity found in the two countries and the demographic pressure on natural areas and resources requires the implementation of conservation strategies and techniques unique to each country, seek, nonetheless, the joint development of appropriate strategies that support the maintenance and restoration of biodiversity in both countries, including those regarding the reintroduction of shared indigenous species extirpated in the respective national parks of the United States and Mexico;
The Parties hereby agree to cooperate as set forth in this memorandum:
- This memorandum has as its objective the creation of a framework for the cooperation between the Parties concerning: the conservation of protected natural areas and their biodiversity, the preservation of cultural heritage and natural resources, and when possible recognition of sustainable development alternatives for rural Mexican communities located in those areas, the exploration of strategies for related cooperation with rural communities, citizens groups and scientific and other organizations acceptable to both countries within the legal framework of each country.
1. The Parties will establish a committee to formulate, orient and update cooperative activities to accomplish the objectives outlined in this memorandum. The committee will be chaired by the director of the National Park Service for the United States of America and the Director General for Ecological Conservation of Natural Resources of the United Mexican States.
2. The committee will meet normally on an annual basis and alternating between the two countries, to review proposed and ongoing projects. Documentation for projects to be reviewed, as well as a list of participants, will be exchanged two months prior to each meeting. The chairmen will decide by mutual consent whether to approve proposed projects and to continue ongoing projects.
3. Administrative procedures for the organization and work of the committee are set forth in the annex to this memorandum and may be amended by the mutual consent of the chairmen.
4. U.S. and Mexican coordinators and co-leaders, established within the Annex, will meet as often as necessary.
1. The forms of cooperative activities under this memorandum may consist of exchanges of information in natural and cultural heritage management and use; equal exchange of information regarding planning, management, and operations of parks and protected heritage sites and planning and conduct of courses, conferences, and symposia pertaining to the same; research in protected areas; personnel exchanges in fields of mutual interest within the scope of ongoing programs of both countries; and other forms of cooperative activities as mutually agreed upon.
2. The specific areas of mutually beneficial interest for cooperative activities may include, but are not limited to:
A. Establishment of natural and cultural heritage areas consistent with the policies and regulations of each country and their conservation, administration, development, and monitoring of protected natural and cultural areas, especially those contiguous to the international boundary.
B. Collaboration between specialized personnel from the Parties in the management, development and administration of protected natural areas; in the research and management of natural and cultural heritage; and, in the planning and design of visitor programs and facilities.
C. Specialized projects related to management of protected natural areas, including, but not limited to, arid and semi-arid environments and marine coastal zones.
D. Exchange of information regarding the goals of this memorandum and in other areas mutually identified and accepted by the Parties.
E. Development of educational and public information focusing on the environment and in understanding protected natural areas and cultural heritage.
F. Completion of studies that will support, among others, the definition and formulation of strategies for the rational and sustainable use of natural resources.
G. Technical cooperation to protect, conserve, and maintain the flora and fauna within shared ecosystems protected by one or both countries.
3. For involvement requested by D.G.C.E.R.N. that extends into subjects outside the scope of the USNPS, the USNPS may, with the consent of D.G.C.E.R.N., and to the extent compatible with existing laws, regulations and policies of the United States of America, endeavor to enlist the participation of other organizations or agencies of the United States of America in the development and implementation of activities within the scope of this memorandum. For involvement requested by USNPS that extends into subjects outside the scope of the D.G.C.E.R.N., the D.G.C.E.R.N. may, with the consent of USNPS, and to the extent compatible with existing laws, regulations and policies of the United Mexican States, endeavor to enlist the participation of other organizations or agencies of the United Mexican States, in the development and implementation of activities within the scope of this memorandum.
- Cooperation under this memorandum will be subject to the availability of funds and personnel of each Party, and to the laws and regulations of each country. The nature and extent of funding of each project will be agreed upon by the Parties before its commencement.
- Information transmitted by one Party to the other Party under this memorandum will be accurate to the best knowledge and belief of the transmitting Party. The transmitting Party does not warrant the suitability of the information transmitted for any particular use of or application by the receiving Party.
- Nothing in this memorandum will be construed to prejudice other existing or future agreements concluded between the governments of the United States of America and the United Mexican States, nor will it affect the rights and obligations of the two governments under international agreements to which they are a party. In particular, nothing will affect the objectives of the Water Treaty of 1944 and other boundary and water treaties and agreements in force between the two governments, nor shall it be understood to prejudice or otherwise affect the functions entrusted to the International Boundary and Water Commission.
- This memorandum will enter into force upon signature, and will remain in force for five years. It may be extended or amended by written agreement of the Parties.
This memorandum may be terminated at any time by either Party, upon written notification through diplomatic channels ninety days in advance of such termination. The termination of the memorandum will not affect the validity or duration of projects under this memorandum which are initiated prior to such termination.
Done at Mexico City, on this 30th. day of November, 1988 in duplicate in English and Spanish, both texts being equally authentic.
For the National Park Service of the U.S. Dept. of Interior Mr. William Penn Mott, Jr. Director of U.S. National Park Service
For the General Directorate for Ecological Conservation of Natural Resources of the Secretariat of Urban Development and Ecology Dra. Graciela de la Garza Director General
W I T N E S S E S
Mr. Charles J. Pilliod, Jr. Ambassador of the United States of America to Mexico City
Fis. Sergio Reyes Lujan Subsecretary of Urban Development and Ecology
A N N E X ANNEX TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL PARK SERVICE AND DIRECTORATE GENERAL FOR ECOLOGICAL CONSERVATION OF NATURAL RESOURCES
The National Park Service of the Department of the Interior of the United States of America and the Directorate General for Ecological Conservation of Natural Resources of the Secretariat of Urban Development and Ecology of the United Mexican States hereby agree to the administrative procedures for the organization and work of the Committee as set forth in this Annex.
ARTICLE 1 - The program of cooperative activities between the Parties will consist of projects and sub-projects. Documentation on all proposed and ongoing projects and sub-projects will be exchanged two months prior to each meeting and will be presented at the meetings of the committee for review and approval by mutual consent of the Chairmen. Documentation, in support of proposed projects, may be submitted by either Party and will be comprised of the following information:
- description of the project and sub-projects
- methodology to be used in joint development
- calendar of events and date of conclusion
- equipment and personnel required
- estimated costs, itemized budget and methods of financing
All projects will consider and include, when possible, information workshops detailing the actions developed during the project for the personnel of both countries, as part of their structure.
ARTICLE 2 - Each Party will designate a coordinator to monitor the progress of ongoing projects and sub-projects between the meetings of the committee and to prepare for the meetings of the committee.
ARTICLE 3 - Each project and sub-project will be under the supervision of a U.S. and Mexican co-leader, who will be selected respectively by each of the Parties. The co-leaders will be responsible for jointly developing and submitting, to their respective coordinators, documentation in anticipation of upcoming committee meetings. Such documentation will comprise a final report or a report on the status, finances and objectives achieved within each ongoing project and sub-project.
ARTICLE 4 - All joint projects and sub-projects must be approved by the Chairmen of the committee before they can be financed or changed by the coordinators or co-leaders.
ARTICLE 5 - Those projects and sub-projects that, in the view of the Chairmen, require special or urgent consideration, can be reviewed and approved by them at any time by mutual consent.
ARTICLE 6 - Minutes of the meeting will be drafted in duplicate to be signed by the Chairmen. The minutes will contain the proposed program of activities, including the approved cooperative activities, to be carried out between the meetings of the committee, as well as any other matters that have been discussed.
ARTICLE 7 - The minutes of the committee will be transmitted to the mixed commission on scientific and technical cooperation between the United States of America and Mexico.