BILATERAL / AUSTRALIA
First Update; pages 543-546
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Done at Canberra 8 March 1994
Entered into effect 8 March 1994
Primary source citation: Copy of text provided by the U.S. Department of State
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MEMORANDUM OF UNDERSTANDING BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH ENVIRONMENT PROTECTION AGENCY OF AUSTRALIA FOR COOPERATION IN THE FIELD OF ENVIRONMENTAL PROTECTION
Recognizing that they have common concerns and similar responsibilities for protecting and improving human health in and the natural environments of their respective nations, and a common interest in advancing global environmental improvement and protection;
Noting that the United States and Australia face similar environmental challenges relating to expanding urban populations, concentrated industrial activity, preservation of the environment, and sustainable use of natural resources;
Noting also that cooperation in the field of environmental protection reinforces the two nations' existing economic and technical cooperation;
Have reached the following understandings to guide their cooperation:
"Article I: Purpose
The Agencies will cooperate in addressing environmental problems of mutual concern by undertaking specific activities which contribute to the protection of the environment. The purpose of this Memorandum of Understanding (hereinafter referred to as the "Memorandum") is to establish the terms under which such cooperation will be undertaken.
"Article II: Scope of Cooperative Activity
The Agencies will establish a program of cooperation on environmental protection. The areas of cooperation under the program may include, but not be limited to: the prevention, control and reduction of air pollution, water pollution, soil pollution, and marine pollution; waste management; advice concerning the management of chemical emergencies; environmental pollution issues relating to the preservation of human health and ecological systems; environmental pollution issues in urban environments; development of emissions inventories and other environmental inventories; product life cycle analyses; clean production processes; environmental monitoring and assessment; advice concerning the development of environmental legislation and regulations; environmental management; and environmental economics.
"Article III: Forms of Cooperation
The forms of cooperation under this Memorandum may consist of the following: temporary assignments of personnel from one Agency to another; study tours by delegations of scientists, scholars, research personnel, technicians and other specialists in the field of environmental protection; transfer of non¬proprietary information in the field of environmental protection; joint organization of scientific, technological and other symposia, seminars and lectures of mutual interest; cooperation in joint research and demonstration projects on subjects of mutual interest in the field of environmental protection; and such other forms of cooperation on which the Agencies may jointly decide, in accordance with the objectives and provisions of this Memorandum.
"Article IV: Management
1. Cooperative activities undertaken by the Agencies pursuant to this Memorandum will be jointly determined in writing by the Agencies as implementing arrangements to this Memorandum ("Implementing Arrangements"). Each Implementing Arrangement will be annexed to and form an integral part of this Memorandum, and will set forth the following information:
The title, duration, and objective of the activity;
The responsibility of each Agency with respect to the activity;
The contributions to the activity by each Agency, which may include:
1) Financial contributions; or
2) Contributions of materials, equipment or services;
The schedule for implementation of the activity;
Reporting procedures, if appropriate;
The effective date of the Implementing Arrangement; and
Other relevant matters.
2. Each Agency will designate in writing a Coordinating Officer to administer and coordinate cooperative activities undertaken by the Agencies pursuant to this Memorandum. The functions of the Coordinating Officers will include, but not be limited to:
Serving as the primary point of contact for the Agencies with regard to activities undertaken pursuant to this Memorandum;
Establishing priorities;
Monitoring, reviewing and reporting on the progress of activities to the Agencies, and to other national authorities of their respective countries, as appropriate; and
Recommending to the Agencies changes to activities undertaken pursuant to the Memorandum.
"Article V: Facilitation
The Agencies will endeavor to facilitate the implementation of cooperative activities pursuant to this Memorandum. In particular, the Agencies will endeavor to facilitate: (1) the temporary assignment of personnel from one Agency to another by expediting the issuance of all documentation required for such personnel to enter and exit their respective countries; and (2) the entry and exit of equipment and other materials required for activities under this Memorandum.
"Article VI: Participation
Participants in activities under this Memorandum may include representatives of governmental and non-governmental organizations and of the private sector, consistent with applicable law. Each Agency may use the services of and enter into assistance agreements with appropriate institutions (such as universities and governmental and non-governmental organizations) in undertaking activities pursuant to this Memorandum, subject to applicable law.
"Article VII: Consultation
The Agencies will consult promptly and in good faith on any matters that may arise in respect of the implementation of this Memorandum or activities undertaken pursuant to it.
"Article VIII: Funding
1. Unless otherwise specified in an Implementing Arrangement, each Agency will bear the expense of its participation in activities under this Memorandum.
2. The ability of each Agency to carry out activities under this Memorandum will be subject to the availability of appropriated funds, personnel and other resources.
"Article IX: Applicability of U.S. Law and of Australian Law
All activities undertaken pursuant to this Memorandum will be subject to the applicable law of the United States of America and of the Commonwealth of Australia.
"Article X: Relationship to Other Instruments
Nothing in this Memorandum will be construed to prejudice other existing instruments concluded between the United States of America and the Commonwealth of Australia, or between any agency of the United States of America and any agency of the Commonwealth of Australia.
"Article XI: Entry Into Effect, Duration, Amendment and Termination
This Memorandum will enter into effect upon signature and will remain in force for a period of five (5) years. Thereafter, it may be extended for successive five-year periods upon exchanges of letters between the Agencies.
This Memorandum and its Implementing Arrangements may be amended at any time upon an exchange of letters between the Agencies. The Memorandum may be terminated at any time by either Agency upon not less than ninety (90) days' prior written notice to the other Agency. Unless otherwise jointly determined in writing by the Agencies, the termination of this Memorandum will not affect the validity or duration of activities pursuant to the Memorandum initiated prior to, but not completed at the time of, such termination.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Memorandum of Understanding.
SIGNED at Canberra, this eighth day of March, 1994, in duplicate, in the English language.
FOR THE ENVIRONMENTAL PROTECTION AGENCY OF THE UNITED STATES OF AMERICA: Edward J. Perkins, Ambassador
FOR THE COMMONWEALTH ENVIRONMENT PROTECTION AGENCY OF AUSTRALIA: Barry Carbon, Executive Director