MEMORANDUM OF UNDERSTANDING
Between the signatories, on behalf of the Amazon Cooperation Treaty Organization, represented by the Secretary-General, Mrs. Rosalía Arteaga Serrano, with ID no. D-15914-00-MRE, issued by the Ministry of Foreign Affairs of the Federative Republic of Brazil, referred to as the SP/OTCA hereinafter; on the other hand the General Secretary of the Andean Community, represented by the Secretary-General and Ambassador Mr. Allan Wagner Tizón, identified with ID no. 217/2004 of the Ministry of Foreign Affairs of Peru, elected for the aforementioned position according to the decision no. 568 on the 14th of November of 2003 of the Andean Council of Ministry of Foreign Affairs, referred to as the General Secretary hereinafter, that have agreed upon celebrating the present Memorandum of Understanding, considering the following points:
That the Amazon Cooperation Treaty (ACT) was signed on the 3 of July of 1978 by the governments of Bolivia, Brazil, Colombia, Ecuador, Guyana, Peru, Suriname and Venezuela, aimed to “carry out joint efforts and actions to promote harmonious development of their respective Amazonian territories, in a way that the joint actions will produce a series of equitable results and mutually beneficial, as well as for the preservation of the environment and the conservation and rational use of natural resources of the respective territories”;
That in 1995 the Signatory Governments decided to initiate actions destined to the establishment of the Amazonian Cooperation Treaty Organization (ACTO) and its Permanent Secretary, with headquarters in Brasilia, which ended the existence of the Pro Tempore secretaries;
That the decision was adopted with the objective of strengthening the coordination and the joint action of the countries, in order to respond to the social demands of the Amazon and promote its sustainable development in benefit of the local populations and the signatory nations, finalizing the aforementioned process upon the establishment of the Permanent Secretary un Brasilia which took place on the 13th of December of 2003, converting the ACTO into a sub-regional organization, with international juridical personality;
That the Andean Community is a sub-regional organization with international juridical personality made up by Bolivia, Colombia, Ecuador, Peru, and Venezuela and by the entities and institutions of the Andean Integration System (SAI), five countries that due to their geographical location are considered to be Andean-Amazonian countries;
That it is a part of the General Secretariat’s responsibility as an executive entity of the Andean Community, with permanent headquarters in Lima, Peru, to maintain the permanent ties of work with the Country Members and with the executive branches of the remaining regional organizations of integration and cooperation, as well as international organizations and other entities, with the objective of intensifying their relations and reciprocal cooperation;
That the PS/ACTO elaborated the Strategic Plan as an instrument that guides the work of the Organization in the medium-term, for the period of 2004-2012, as a result of the mandate granted by the governments of the Country Members, established at the various corresponding levels of decision-making;
That the relationship between the PS/ACTO and the General Secretariat arises out of the coincidence of priorities, and geographical location and common interests such as regional integration, sustainable development, conservation of biodiversity and of natural resources, as well as the application of the necessary mechanisms for regional integration;
That, in recognizing the importance of contributing to and to fulfill the aforementioned interests and common objectives;
Agree upon celebrating this Memorandum of Understanding:
ARTICLE 1
OBJECTIVE
The PS/ACTO and the General Secretariat, hereinafter referred to as THE PARTS, agree upon celebrating this Memorandum of Understanding with the purpose of contributing to the more efficient fulfillment of common interests and common objectives, within a long-term panorama, that guides the joint actions of both institutions in the formulation of the policies and execution and follow up of feasible projects, programs and initiatives at the regional scope.
ARTICLE 2
AREA OF COMMON INTEREST AND COOPERATION
THE PARTS shall maintain a strict coordination and cooperate in the issues of common interest, within the framework of the Strategic Plan of ACTO, and of the Regional Strategy of Biodiversity of the Tropical Andean Countries (ERB) and the Follow up of the Andean Plan for the Johannesburg Summit.
The coordination and cooperation shall take place mainly in the following programmatic areas:
1. Water, focusing on the integrated management of water resources and on the access to drinkable water and basic sanitation.
2. Forests, soils, protected natural areas, and eco-tourism.
3. Biological diversity, biotechnology, biotrade, genetic resources, biopiracy and traditional knowledge related to biodiversity.
The provision of this article does not prevent the PARTIES from managing cooperation resources from other institutions to develop and execute these and other issues.
ARTICLE 3
COOPERATION MODALITIES
The programs deemed appropriate to be jointly executed shall be subject to specific agreements, whereby will be defined the modalities and cost of participation for each PART, taking into consideration that the parties are to obtain all the internal authorizations required for performing the joint activities. The said agreements are to comprise the respective:
a) Work Plan
b) Activities Schedule
c) Detailed Budget
d) Expenditure Format
e) Evaluation Format
f) Information about Contacts
ARTICLE 4
INFORMATION EXCHANGE
THE PARTIES hereto are to mutually inform and be informed on the development and progress of the activities of common interest, and shall exchange information and documents on them, in a regular basis, provided that such information and documents are not subject to confidentiality restrictions.
ARTICLE 5
MEETINGS ABOUT ISSUES OF MUTUAL INTEREST
THE PARTIES hereto are to reciprocally invite the representatives to attend meetings where observers are accepted, pursuant to the usual practice of the organizations, and when issues of mutual interest will be addressed to.
ARTICLE 6
REGULAR CONSULTATIONS
THE PARTIES hereto undertake to maintain regular consultations on the issues related to the execution of this Memorandum and may, upon mutual agreement, suggest new modalities to improve its efficiency.
ARTICLE 7
SETTLEMENT OF DISPUTES
Any controversy or claim arising out and about the application, interpretation or fulfillment of this Memorandum of Understanding, is to be settled through direct negotiation between the PARTIES. If no amicable and satisfactory solution is reached, any of the Parties can forward the issue to the arbitrage by the Andean Court of Justice, pursuant to articles 38 and 41 of the Establishment Treaty, in its wording enacted by the Decision 472 of the Andean Community Commission.
ARTICLE 8
PROPERTY RIGHTS
The property rights on the reports or any other document produce in compliance with the duties undertaken herein are to be co-property of PS/ACTO and the GENERAL SECRETARIAT.
ARTICLE 9
EFFECTIVENESS, AMENDMENTS AND TERMINATION
This Memorandum comes into force on the day of its signing by the PARTIES, and will be effective for five (5) years. It may be amended by mutual agreement, and terminated by any of the PARTIES upon a written notice, six (6) months in advance.
ARTICLE 10
DOMICILE
For the purposes of this Memorandum of Understanding, the parties establish their domiciles as follows:
· General Secretariat of the Andean Community: Av. Paseo de la Republica Nº 3895, Lima 27, Peru.
· Permanent Secretariat to the Amazonian Cooperation Treaty Organization: SHIS – QI 05, Conjunto 16, Casa 21, Lago Sul – Brasilia – DF, Brazil. ZIP Code: 71.615-160
Any change on the domicile is to be informed to the other part, at least five (5) calendar days in advance, through written notice. If that requirement is not met, the communications forwarded to the previous domiciles are to be considered as dully produced.
In witness whereof, THE PARTIES sign this Memorandum of Understanding in the city of Lima on the twenty-ninth day of September of 2004, in original copies in English, Portuguese and Spanish, with the same validity, and each PART will hold one copy.
Allan Wagner Tizón
Secretary-General
General Secretariat
Andean Community
Rosalía Arteaga Serrano
Secretary-General
Permanent Secretariat
Amazonian Cooperation Treaty Organization
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