THE MARINE MAMMAL COMMISSION COMPENDIUM
BILATERAL / MEXICO
Volume(s) 1-3; pages 3318-3322
Memorandum of Understanding for the Exchange of Technical Information and for Cooperation in the Field of Air Quality Research Between the Department of Energy of the United States of America and the Mexican Petroleum Institute of the United Mexican States, Washington, 1990 Done at Washington 19 July 1990
Entered into force 19 July 1990
Primary source citation: Copy of text provided by the U.S. Department of State
MEMORANDUM OF UNDERSTANDING FOR THE EXCHANGE OF TECHNICAL INFORMATION AND FOR COOPERATION IN THE FIELD OF AIR QUALITY RESEARCH BETWEEN THE DEPARTMENT OF ENERGY OF THE UNITED STATES OF AMERICA AND THE MEXICAN PETROLEUM INSTITUTE OF THE UNITED MEXICAN STATES
Whereas, the Department of Energy (DOE) and the Mexican Petroleum Institute (IMP), hereinafter the ‘Parties’, develop and disseminate information in the field of air quality research and associated environmental issues; and
Whereas, Petroleos Mexicanos (PEMEX) is prepared to sponsor work by the Mexican Petroleum Institute (IMP) under this Memorandum of Understanding (MOU); and
Whereas, DOE and IMP wish to manifest their interest in exchanging technical information and cooperating in an analysis of air quality and of alternative energy strategies for improving air quality in the Mexico City air basin by means of a cooperative relationship pursuant to the Agreement for Scientific and Technical Cooperation between the United States of America and the United Mexican States, signed June 15, 1972;
Now, therefore, the Parties agree as follows:
ARTICLE 1 OBJECTIVE
The objective of this MOU is to establish a framework for cooperation between the Parties in an analysis of air quality and of alternative energy strategies for improving air quality in the Mexico City air basin. The activities undertaken in accordance with this MOU are intended to result in substantial mutual benefit.
ARTICLE 2 FORMS OF COOPERATION
1. Cooperation under this MOU may include but is not limited to the following forms:
A. Exchange of scientific and technical information which the Parties have a right to disclose under applicable national laws;
B. Visits by expert teams or individuals, according to the rules and regulations of the host institution governing such visits;
C. Personnel assignments, according to the rules and regulations of each institution governing such assignments;
D. Exchange and provision of samples, materials, instruments, models and components for testing or use related to projects undertaken pursuant to this MOU;
E. Provision and exchange of scientific and technical personnel by means of fellowships or work periods in laboratories or through the organization of seminars or specific courses related to this project;
F. Use by one Party of the nonclassified facilities and equipment owned or operated by the other Party for activity related to this project;
G. Assistance in the purchase of items or laboratory equipment which are difficult to obtain through normal sources in a timely manner and which are needed for projects carried out under this MOU;
H. Sharing, as jointly agreed upon, of the work and costs associated with this project;
I. Executing joint studies, projects or experiments including their joint design, construction, and operation in accordance with Article 5; and
J. Such other specific forms of cooperation as may be added by mutual agreement of the Parties pursuant to Article 5. 2. Cooperation may take place between the Parties themselves or between entities acting on behalf of either Party.
ARTICLE 3 ASSIGNMENT OF PERSONNEL
1. Whenever an assignment of personnel is contemplated under this MOU, each Party shall ensure that qualified staff is selected for assignment to the other Party or its contractors.
2. Each such assignment shall be the subject of a separate written agreement between the Parties.
3. Each Party shall be responsible for the salaries, insurance and allowances to be paid to its staff.
4. Each Party shall pay for the travel and living expenses of its staff while on assignment to the host Party, unless otherwise agreed in writing.
5. The host institution shall do its best to arrange for comparable accommodations for the visiting staff and their families on a mutually agreeable, reciprocal basis.
6. Each Party shall provide all necessary assistance to the visiting staff (and their families) as regards administrative formalities, such as travel arrangements.
7. The visiting staff of each Party shall conform to the general and special rules of work and safety regulations in force at the host institution, or as agreed in a separate personnel assignment agreement.
ARTICLE 4 COORDINATION
To supervise the execution of this MOU, DOE and IMP shall each designate a Coordinator. It shall be a function of the Coordinators to evaluate the degree of progress of work being done, and to consider and act upon any new proposals for activities under this project.
ARTICLE 5 IMPLEMENTING TECHNICAL AGREEMENTS
The implementation of collaborative activities as set forth in Article 2 (I) and (J) shall be based on an implementing arrangement to be concluded between the Parties or their designees. Each such implementing arrangement shall include all detailed provisions for carrying out the specified forms of collaboration and shall cover such matters as scope, technical activity, management, levels of effort, and schedule. All Technical Agreements under this Memorandum of Understanding shall relate to joint efforts between the Parties to analyze the air quality of the Mexico City Air Basin and to develop alternative energy strategies for improving the air quality.
ARTICLE 6 FINANCIAL ARRANGEMENTS
1. The entities conducting the work under this MOU shall be responsible to their respective funders for the financial arrangements and reporting related to this project.
2. Except where otherwise agreed in writing, all costs resulting from cooperation under this MOU shall be borne by the Party that incurs them.
3. The obligations of the Parties under this MOU are subject to the availability of funds.
4. It is further understood that the U.S. contribution shall not exceed $4.5 million (in 1990 dollars) over the life of this MOU.
ARTICLE 7 GENERAL PROVISIONS
1. No warranty of any kind is made by either Party for materials, information, or services that may be furnished to the other Party under this MOU. 2. Compensation for damages incurred during the cooperative activities under this MOU shall be in accordance with applicable laws and regulations.
3. Cooperation under this MOU shall be in accordance with the applicable laws and regulations under which each Party operates. All questions related to this MOU arising during its term shall be settled by the Parties by mutual agreement.
ARTICLE 8 INFORMATION
Each Party shall make available to the other Party information that it has a right to disclose under applicable domestic laws and regulations. Unless otherwise agreed in writing, no proprietary information shall be exchanged. However, should proprietary information be exchanged, each Party shall protect such information in accordance with applicable laws, regulations, and administrative practices. Proprietary information shall mean information which contains trade secrets or commercial or financial information which is privileged or confidential, and may include only such information which has been held in confidence by its owner, has not been transmitted by the transmitting Party (including the receiving Party) except with an obligation that it be held in confidence, and is not otherwise available to the receiving Party from another source without restriction on its further dissemination. Both Parties agree that nonproprietary information exchanged under this MOU may be given wide distribution. The application or use of any information provided, exchanged, or developed by the Parties shall be the responsibility of the Party receiving it, and the transmitting Party does not warrant the suitability of such information for any use or application. It is expected that personnel of the Parties will submit potential publications to their institutions for peer review before publication.
ARTICLE 9 INTELLECTUAL PROPERTY
1. The Parties shall ensure adequate and effective protection of intellectual property created or furnished under this Agreement and relevant implementing arrangements. The Parties agree to notify one another in a timely fashion of any inventions or copyrighted works arising under this Agreement and to seek protection for such intellectual property in a timely fashion. Rights to such intellectual property shall be allocated as provided in this Article.
2. This Article is applicable to all cooperative activities undertaken pursuant to this Agreement, except as otherwise specifically agreed by the Parties or their designees.
3. For purposes of this Agreement, ‘intellectual property’ shall have the meaning found in Article 2 of the Convention Establishing the World Intellectual Property Organization, done at Stockholm, July 14, 1967. 4. This Article addresses the allocation of rights, interests, and royalties between the Parties. Each Party shall ensure that the other Party can obtain the rights to intellectual property allocated in accordance with this Article, by obtaining those rights from its own participants through contracts or other legal means, if necessary. This Article does not otherwise alter or prejudice the allocation between a Party and its nationals, which shall be determined by that Party's laws and practices.
5. Disputes concerning intellectual property arising under this Agreement should be resolved through discussions between the concerned participating institutions or, if necessary, the Parties or their designees. Upon mutual agreement of the Parties a dispute shall be submitted to an arbitral tribunal for binding arbitration in accordance with the applicable rules of international law. Unless the Parties or their designees agree otherwise in writing, the arbitration rules of UNCITRAL shall govern.
6. Termination or expiration of this Agreement shall not affect rights or obligations under this Article.
7. Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all countries to translate, reproduce, and publicly distribute scientific and technical journal articles, reports, and books directly arising from cooperation under this Agreement. All publicly distributed copies of a copyrighted work prepared under this provision shall indicate the names of the authors of the work unless an author explicitly declines to be named.
8. Rights to intellectual property arising from cooperation under this MOU shall be allocated as follows:
A. in Mexico, IMP will have first option to secure all rights and interests, subject to a royalty-free, non-exclusive, irrevocable license to DOE and the nationals of its country designated by it for the purpose of scientific research;
B. in the United States and third countries, DOE will have first option to secure all rights and interests, subject to a royalty-free, non-exclusive, irrevocable license to IMP and the nationals of its country designated by it, for the purpose of scientific research.
9. Each Party shall assume the responsibility to pay awards or compensation required to be paid to its own nationals according to its own laws. Each Party shall, without prejudice to any rights of inventors under its national laws, take all necessary steps to provide the cooperation from its inventors required to carry out the provisions of this MOU. 10. Notwithstanding the above, if a type of intellectual property is available under the laws of one Party but not the other Party, the Party whose laws provide for this type of protection shall be entitled to all rights and interests worldwide.
ARTICLE 10 FINAL PROVISIONS
1. This MOU shall enter into force on the date of signature and shall continue in force subject to paragraph 3 of this Article for a period of four years. The MOU may be extended by written agreement of the Parties.
2. This MOU may be amended at any time by written agreement of the Parties.
3. Either Party may terminate this MOU upon 60 days written notification. Such termination shall be without prejudice to the rights which may have accrued under this MOU to either Party up to the date of such termination.
4. All joint efforts and experiments judged to be incomplete by both Parties at the termination of this MOU may be continued if mutually agreed until their completion under the terms of the MOU. Done at Washington, this 19th day of July 1990, in duplicate.
FOR THE DEPARTMENT OF ENERGY OF THE UNITED STATES OF AMERICA: James D. Watkins
FOR THE MEXICAN PETROLEUM INSTITUTE OF THE UNITED MEXICAN STATES: Gustavo Petricioli