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(x)

agriculture-related activities, including those that provide for the biological prevention and control of animal and plant pests and diseases, to benefit the environment; and

(xi) local community initiatives that promote conservation and sustainable use of the environment.

2. Organizations which shall be eligible for grants from the Fund are:

A.

Chilean nongovernmental environmental, conservation, development, educational, and indigenous peoples organizations;

B. other appropriate Chilean nongovernmental entities;

C.

3.

in exceptional circumstances, the Government of Chile.

Grants shall be awarded to organizations strictly on the merits of proposals presented to the Board, without regard to whether the proposing organization is represented on the Board.

4.

The Board shall give priority to projects that are managed by nongovernmental organizations and that involve local communities in their planning and execution.

VI

DISBURSEMENT OF FUNDS

1. The Board may order the disbursement of grants from the Fund to organizations eligible under Article V.2 when it approves a proposal eligible under Article V.1. All disbursements shall be made pursuant to a Project Grant Agreement.

2. The fiscal agent of the Fund appointed pursuant to Article II.7 shall make disbursements promptly to designated recipients in accordance with requests received from the Board. In no case shall more than 14 working days elapse between receipt of a request for disbursement and actual disbursement of funds.

1.

VII

CONSULTATION AND REVIEW

Upon the request of either Party, the Parties shall consult concerning the implementation or interpretation of this Agreement. These consultations shall take place within 60 days after the request for consultations is received in writing from the other Party.

2.

Either Party may request consultations with the Board and the other Party after reviewing the Board's reports and audits presented pursuant to Article IV. These consultations shall take place within 60 days after the request for consultations is received in writing from the other Party.

3. The Parties will meet to review the operation of this Agreement three years from the date of its entry into force.

1.

VIII

SUSPENSION OF DISBURSEMENTS

If at any time either of the Parties determines that issues requiring consultation under Article VII have not been satisfactorily resolved, such Party may notify the other in writing.

2.

Upon receipt of such written notification from the Government of the United States of America, the Government of Chile shall immediately suspend disbursements under Article VI of this Agreement.

3. Upon providing such written notification to the Government of the United States of America, the Government of Chile may immediately suspend disbursements under Article VI of this Agreement.

4. A.

Suspension of disbursements shall mean that no further approval of grants will be undertaken until the Parties agree to resume such activity.

B.

Disbursements pursuant to already approved grant agreements shall proceed unless the specific grant agreement is suspended pursuant to that grant agreement.

C.

Notwithstanding subparagraph B above, should the Parties jointly certify in writing to the Board that the manner in which the grant agreement was awarded was inconsistent with Article III.4 or the Operating Procedures of the Board, the Parties may require the Board to suspend disbursements pursuant to that grant agreement.

5.

If the Government of Chile fails to suspend disbursements under Article VI of the Agreement within 7 days of receiving written notification from the Government of the United States (“the notification period”), the Government of the United States may, at its discretion, require that interest payments on the New EAI Obligation referred to in Article II of this Agreement, falling due subsequent to the notification period, be made in U.S. dollars and be deposited in the appropriate U.S. Government account.

IX
TERMINATION

1.

Either Party may terminate this Agreement upon six months written notice to the other Party.

2. No disbursements from the Fund shall occur after a Party has given notice to terminate this Agreement, unless the Parties agree to permit disbursements. The termination of this Agreement shall not prevent expenditures of funds disbursed before notice to terminate is given.

3. Upon termination of this Agreement, the disposition of amounts remaining in the Fund shall be subject to a formula to be mutually agreed upon by the Parties. Such a formula shall provide that those funds which derive from interest payments on the New EAI Obligation will, at the discretion of the United States Government, be converted into United States dollars and deposited into the appropriate United States Government account.

1.

X

ENTRY INTO FORCE, AMENDMENT AND OTHER ARRANGEMENTS

This Agreement shall enter into force upon signature and shall remain in force unless terminated by the Parties in accordance with Article II or Article IX.

2. This Agreement may be amended by written agreement of the Parties.

3.

Nothing in this Agreement shall prejudice other arrangements between the Parties concerning debt reduction or cooperation and assistance for environmental or conservation purposes.

IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

Done at Santiago, this twenty-seventh day of February, 1992, in duplicate, in the English and Spanish languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA:

Curtis Kamman

FOR THE GOVERNMENT OF
THE REPUBLIC OF CHILE:

[Signature]

BILATERAL

CHILE

MARINE SCIENCE AND EXPLORATION

Agreement Between the Hydrographic Institute of the Navy of Chile and the National Science Foundation Regarding the Marine Scientific Research Activities of the R/V Hero, Santiago, 1983

Done at Santiago 1 June 1983

Entered into force 1 June 1983

Primary source citation: TIAS 10825

AGREEMENT BETWEEN THE HYDROGRAPHIC INSTITUTE OF THE NAVY OF CHILE AND THE NATIONAL SCIENCE FOUNDATION REGARDING THE MARINE SCIENTIFIC RESEARCH ACTIVITIES OF THE R/V HERO

In Santiago on June 1, 1983, between the Hydrographic Institute of the Navy (IHA), represented by its Director, Captain Eduardo Barison Roberts; and on the other part, the National Science Foundation (NSF), represented by Mr. Wade H. B. Matthews, Charge d'Affaires of the Embassy of the United States of America at Santiago, Chile, the following has been agreed:

FIRST. The Government of the United States and the Government of Chile agree that the National Science Foundation (NSF) and the Hydrographic Institute (IHA) shall cooperate in the conduct of scientific and technological research by the R/V HERO in the 200 nautical-mile zone off the coast of Chile.

SECOND. The NSF will notify the IHA of proposed research through diplomatic channels six months in advance of the voyage. A copy of the notice will be sent simultaneously to the IHA. A detailed request will be submitted to the IHA in the manner detailed in Article 2 of Supreme Decree No. 711 of August 22, 1975, at least sixty days in advance of the voyage. This request will include plans for the involvement of Chilean scientists, as required in Supreme Decree No. 711. The form contained in Annex I of D.L. 711 will be completed and a navigation track of the scientific activities will be provided.

THIRD. IHA will forward the request to the Office of the Commander in Chief of the Navy for review. The NSF will be notified of approval, modification, or disapproval action through diplomatic channels.

FOURTH. All data and specimens collected, including film, fossils, minerals, and published materials must be shared between the NSF and IHA. The removal from the country of any material that has been collected, filmed, or recorded, and any minerals or fossil matter collected during research in Chilean canals or territorial waters, authorized in conformity with this agreement, may take place only with prior authorization from the IHA. The IHA shall inform the NSF of the terms of such authorization prior to the conduct of the research. The latter may request the advice of specialized agencies, but in any case the IHA may retain whatever research-related materials, data, or information it considers appropriate.

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