Memorandum of Understanding on Cooperation in Forestry and Natural Resources between the Department of Agriculture of the United States of America and the Secretariat of Environment, Natural Resources and Fisheries of the United Mexican States, Mexico City, 1997
Done at Mexico City 5 May 1997
Entered into force 5 May 1997
Primary source citation: Copy of text provided by the U.S. Department of State
The Department of Agriculture of the United States of America (USDA), and the Secretariat of Environment, Natural Resources and Fisheries of the United Mexican States (SEMARNAP) (hereinafter referred to as “the Parties”):
Recognizing that a permanent dialogue and periodic consultations about issues of importance in the forestry and natural resource sectors are fundamental to the improvement of bilateral cooperation;
Noting that cooperation will benefit the development of these sectors in both countries, taking into account their different levels of development and working to solve common problems;
Recognizing that, in accordance with the provisions of Paragraph I of the Agreement between the Government of the United States of America and the Government of the United Mexican States for Scientific and Technical cooperation, signed June 15, 1972, as amended (“the Agreement”), scientific, technological and economic cooperation in the area of forestry and natural resources is of special interest to the Parties;
Recognizing the importance that forestry and natural resource issues have at regional, global and multilateral levels, particularly since the United Nations Conference on Environment and Development, in 1992; and
Aware that scientific, technical and economic exchanges will encourage development and self-sufficiency in both countries, and will permit each country to make a sustainable use of its natural resources;
Have agreed as follows:
OBJECTIVES AND SCOPE
1. The Parties shall identify and implement, by mutual agreement, scientific, technical and economic cooperative activities in forestry and natural resources to promote sustainable development, in accordance with the laws, regulations and policies of their respective governments. Cooperation between the Parties may include mutually beneficial sustainable development projects, short term exchanges and other activities as mutually agreed in the following areas:
A. Forestry related issues, such as planning, assessment and management of sustainable development projects in forestry areas; observation and monitoring systems; development of methodologies for the valuation of goods and services provided by forests; prevention, management and combating forest fires; and scientific research and technological development in forestry.
B. Soils conservation and restoration issues, such as planning, assessment and management of hydrographic, basins and land use patterns; water use, conservation and quality; combating desertification and management of arid and semi-arid areas; and undertaking development projects for conservation, regeneration, utilization and commercialization of non-wood species and products.
2. The Parties shall assist and support technology transfer and information exchange on forestry and natural resource issues, training of personnel and the organization of symposia and conferences in areas of mutual interest and benefit within the scope of this Memorandum of Understanding.
3. The Parties shall encourage activities that promote sustainable development, including the development and diversification of economic and commercial activities relating to goods and services provided by forests and natural resources.
4. The Parties shall encourage activities that promote community participation and public access to information, as well as support to non-governmental organizations that promote sustainable use of forests and natural resources.
5. This Memorandum of Understanding is governed by the Agreement.
Cooperative activities and the terms under which such activities will be conducted shall be mutually agreed upon by the Parties in writing and shall be described in work plans. The work plans will be prepared jointly by the Parties and shall contain definitions of objectives, terms of reference and specific goals to be achieved; methodology to be followed in the achievement of program objectives; responsibility of each party; available human and financial resources; guidelines for oversight and evaluation of the cooperative program; and guidelines for disposition, publication and/release, by the Parties, of the discoveries and results obtained during the cooperative activity.
COMMITTEES AND CONSULTATIONS
1. Activities under this Memorandum of Understanding shall be administered, by the Forest Service (USDA/FS) and the Subsecretariat of Natural Resources of SEMARNAP.
2. The Parties may form a Coordination Committee and other committees as may be necessary and mutually acceptable to facilitate cooperative activities under this Memorandum of Understanding. These committees shall include representatives from both Parties as may be necessary and mutually acceptable. The specific structure and responsibility of committees, as agreed upon by the Parties, shall be attached as annexes to this Memorandum of Understanding.
3. The committees may be modified by mutual agreement of the Parties.
4. The Parties shall promote, encourage and facilitate, by mutual agreement the development of contacts and cooperation among government agencies, research institutions, private enterprises, universities, international organizations and other entities concerned with cooperative activities within the scope of this Memorandum of Understanding.
The Parties shall report on cooperative activities undertaken under this Memorandum of Understanding in appropriate fora. Reporting shall be coordinated by USDA/FS and Subsecretariat of Natural Resources (SEMARNAP).
Each Party shall assume its respective costs for activities pursuant to this Memorandum of Understanding, unless otherwise mutually agreed to by the Parties. The activities conducted under this Memorandum of Understanding shall be subject to the availability of funds appropriated and available personnel as determined by the Parties.
RELEASE OF INFORMATION
Information resulting from cooperative activities under this Memorandum of Understanding not covered by the intellectual property rights provisions set forth in Article 8 of this Memorandum of Understanding may be released to the international scientific community upon written mutual consent of the Parties. The Parties shall specify that the information released is a result of the joint efforts of the Parties.
EQUIPMENT AND PERSONNEL
The entry of personnel and/or equipment, necessary for the completion of activities under this Memorandum of Understanding, shall be accomplished in accordance with each Party’s applicable national laws and regulations and with the revisions of the Agreement
INTELLECTUAL PROPERTY RIGHTS
Intellectual property shall be protected in accordance with Paragraph 14 & Annex I (IPR Annex of August 10, 1994) of the Agreement.
EMPLOYMENT OF EXPERTS
In the event that activities under this Memorandum of Understanding require the employment of experts, the Party receiving such expertise shall release these experts from all liability for claims and/or obligations resulting from their efforts in furtherance of the activity, except for claims and/or obligations resulting from gross negligence or fraudulent conduct on the part of the experts.
The Parties shall ensure that personnel who participate in cooperative activities under this Memorandum of Understanding are covered by medical insurance. Any service performed in furtherance of this Memorandum by an employee of a Party shall constitute service performed in the line of duty on behalf of that party. The performance of such service by any employee or contractor of one Party shall in no case render such person an employee or contractor of the other Party.
This Memorandum of Understanding may be amended by mutual agreement of the Parties. Amendments shall enter into force upon signature of both Parties or on a date agreed to by the Parties.
RESOLUTION OF DISAGREEMENTS
Disagreements which may arise in the interpretation or application of this Memorandum of Understanding will be resolved by mutual agreement of the Parties.
DURATION AND TERMINATION
This Memorandum of Understanding shall enter into force upon signature of both Parties, and shall remain in force for five (5) years, and may be extended for five-year periods through an exchange of letters between the Parties. This Memorandum of Understanding may be terminated by either Party upon six month’s written notice to the other Party.
The termination of this Memorandum of Understanding shall not affect the validity or duration of the cooperative activities under this Memorandum of Understanding that are initiated prior to such termination.
This Memorandum of Understanding supersedes the Memorandum of Understanding between the Department of Agriculture of the United States of America and the Secretary of Agriculture and Water Resources of the United Mexican States on Scientific and Technological cooperation in Forestry signed on November 16, 1984.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Memorandum of Understanding.
Done at Mexico City, this 5th day of May 1997, in duplicate, in the English and Spanish languages, each text being equally authentic.
FOR THE DEPARTMENT OF FOR THE SECRETARIAT OF
AGRICULTURE OF THE ENVIRONMENT, NATURAL
UNITED STATES OF AMERICA RESOURCES AND FISHERIES OF
THE UNITED MEXICAN STATES
DAN GLICKMAN JULIA CARABIAS LILLO