Memorandum of Understanding between the Environmental Protection Agency of the United States of America and the Department of the Environment of Canada concerning Cooperation in Research Development and Demonstrations in Science and Technology Related to Environmental Protection, Washington, DC, 1997
Done at Washington, DC 7 April 1997
Primary source citation: Copy of text provided by the U.S. Department of State
Article I (Objective)
1. The Environmental Protection Agency of the United States of America (EPA) and the Department of the Environment of Canada (DOE), hereinafter referred to as the “Parties”, pursuant to the terms of this Memorandum of Understanding (the “Memorandum”), intend to undertake a program of cooperation and information-sharing in research, development and demonstrations related to pollution prevention, monitoring and control.
2. The purpose of such cooperation is to improve methods, technologies and systems for pollution prevention, monitoring, assessment and control by pursuing, without duplication of effort, joint and parallel scientific and technological research, development and demonstration projects.
3. The Parties do not intend this Memorandum to create binding obligations under international law.
Article II (Scope)
The Parties intend to continue, as described herein, the program of cooperation for the protection of the environment provided for in the Memorandum of Understanding between EPA and DOE Concerning Research and Development Cooperation in Science and Technology, dated October 17, 1985 (the “1985 Memorandum”), in accordance with this Memorandum.
In particular, the Parties intend to:
1. Develop a program of cooperation in research, development and demonstrations relating to technologies, systems and methods for pollution prevention, monitoring, assessment and control through joint and parallel projects in the areas set forth in Article III; and
2. Increase ongoing cooperation among scientific and technical experts by providing for: cooperative work on projects; utilization by one Party of the facilities of the other Party as agreed; the sharing of information, technology and-techniques; workshops and conferences; temporary assignments of personnel from one Party to the other; or such other mechanisms for cooperation as may be agreed upon.
Article III (Project Activities)
The Parties may engage in cooperation related to the following project areas:
1. Field tests and demonstrations of pollution prevention, control and monitoring equipment;
2. Development of pollution prevention, control and monitoring equipment for destruction, treatment, control, and/or disposal of hazardous and other waste;
3. Development of programs in areas of increasing priority such as: global change and related emissions modeling and mitigation; pollution prevention and related clean technology programs; municipal solid waste disposal methodologies, including the disposal of sludges and other residues; biotechnology and bioengineering control; and contaminated sediment remediation; and
4. Such other areas of mutual interest relating to environmental protection, upon which the Parties may mutually concur.
Each Party may use the services of and enter into arrangements with appropriate institutions, such as universities and governmental and nongovernmental organizations, to develop and conduct activities under this Memorandum, consistent with applicable law.
Article IV (Funding)
1. Unless otherwise specified, each Party intends to bear the expense of its participation in activities under this Memorandum. However, a number of activities under this Memorandum may involve a transfer of funds by or through the Parties through appropriate funding mechanisms to the extent consistent with applicable law.
2. The ability of each Party to carry out activities under this Memorandum is subject to the availability of appropriated funds, personnel and other resources.
Article V (Management)
1. Each Party hereby designates a Program Coordinator to manage activities under this Memorandum. The EPA Program Coordinator is the Assistant Administrator for Research and Development. The DOE Program Coordinator is the Assistant Deputy Minister for Environmental Protection Service. The Program Coordinators intend to conduct annual evaluations of activities under this Memorandum and annual reviews of other matters concerning the Memorandum, such as future policy and programmatic direction.
2. An implementing arrangement for each project activity specified in Article III (“Implementing Arrangement”) should be concluded in writing by the Parties. Each Implementing Arrangement should specify: the scope of the activity; expected project period; responsibilities of the Parties, including those relating to funding; anticipated results; reporting procedures, if appropriate; and any other relevant matter.
3. Each Program Coordinator intends to designate a Project Officer for the management of each Implementing Arrangement.
4. Each Party may designate a replacement Program Coordinator or replacement Project Officers at any time upon written notice to the other Party.
5. The Parties intend to resolve any dispute arising from the implementation of this Memorandum through negotiations.
Article VI (Intellectual Property and Business Information)
1. This Memorandum is subject to the exchange of notes between the U.S. Embassy in Ottawa and the Canadian Department of Foreign Affairs and International Trade dated February 4, 1997, constituting an Agreement on the Allocation of Intellectual Property Rights, Interests and Royalties for Intellectual Property Created or Furnished under Certain Scientific and Technological Cooperative Research Activities (hereinafter referred to as “1997 IPR Agreement”).
2. Any intellectual property and confidential business information created subsequent to October 17, 1990, and not yet under
a regime of protection, is to the extent practicable subject to the 1997 IPR Agreement.
Article VII (Relationship to Other Instruments)
1. Uncompleted activities commenced under the 1985 Memorandum are to continue under this Memorandum.
2. Uncompleted activities commenced following the termination of the 1985 Memorandum are to likewise continue under the provisions of this Memorandum.
Article VIII (Applicability of Laws of the Parties)
All activities undertaken pursuant to this Memorandum are subject to the applicable law of the United States of America and of Canada.
Article IX (Signature, Amendment and Termination)
1. This Memorandum comes into effect upon signature. Either Party intending to terminate this Memorandum should provide 180 days notice in writing to the other Party. Unless otherwise determined in writing, the termination of the Memorandum does not affect the validity or duration of activities undertaken pursuant to the Memorandum that have been initiated prior to, but not completed at the time of, such termination.
2. The Memorandum may be amended at any time by the written concurrence of the Parties.
DONE at Washington, D.C., in duplicate, this day of April 7, 1997, in the English and French languages, each text being equally valid.
FOR THE ENVIRONMENTAL FOR THE DEPARTMENT OF THE
PROTECTION AGENCY OF ENVIRONMENT OF CANADA
UNITED STATES OF AMERICA:
Carol M. Browner Sergio Marchi