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 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: Exchange of scientists, engineers, scholars, specialists and delegations; 1. 2. Exchange of non-proprietary information in the field of environmental protection; 5. Cooperative study of environmental protection topics; and Exchange and provision of samples, reagents, materials, data, instruments and compo nents 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; Annex. The Parties shall begin cooperative activities only after receipt of written approval of the respective 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. |