DRAFT AGREEMENT ACTO-SGCAN - Version 8 – 2012/07/13
PROPOSAL OF
"INSTITUTIONAL COOPERATION AGREEMENT TO DEVELOP A JOINT ACTION PLAN (JAP) UNDER THE Cooperation STRATEGIC AGENDA OF THE AMAZON COOPERATION TREATY ORGANIZATION AND THE ANDEAN STRATEGIC AGENDA OF THE ANDEAN COMMUNITY"
The Permanent Secretariat of the Amazon Cooperation Treaty Organization (hereinafter "PS / ACTO"), duly represented by its Secretary General, Ambassador Robby Ramlakhan, according to the provisions of Article 22 of the Amazon Cooperation Treaty, as amended by Protocol on December 14, 1998 and Articles 3 and 4 of the Regulations of the Permanent Secretariat of the ACTO; and the General Secretariat of the Andean Community (CAN) (hereinafter "SGCAN"), represented herein by its Secretary General a.i.Don Adalid Contreras Baspineiro, according to the provisions of Article 34 of the Cartagena Agreement and Decision 747.
CONSIDERING:
That the Cartagena Agreement and the Amazon Cooperation Treaty provide in its objectives, among others, to promote balanced and harmonious development of its Member Countries under equitable conditions through integration and economic and social cooperation, as well as efforts and joint action to promote the harmonious development of their respective territories, in a way that the joint actions produce equitable and mutually beneficial results,
That in the mandates of the Latin America and the Caribbean Summits on Integration and Development contained in the Declarations of Salvador de Bahia (2008) and Cancun (2010), as in the Action Plan of Montego Bay (2009) adopted by the Foreign Ministers for cooperation between regional and sub-regional integration mechanisms, clearly reflected the strong political will to strengthen dialogue, coordination, interaction, consensus, synergy and convergence of actions between regional and sub-regional integration mechanisms to deepen integration and accelerate regional development through the coordination of joint and complementary projects.
That in the mentioned Summit of Heads of State of Latin America and the Caribbean decided to convene the agencies and regional and sub-regional mechanisms to promote specific schemes for the exchange of experiences and to identify areas of cooperation and necessary synergies and convergence of actions between different processes.
That the current dynamics of international relations and the profound changes taking place in the sub-regional, regional and international agenda, and the transformation of regional and national reality of the Member Countries, advised to build a new work vision of the international organizations adapted to the challenges of the current context and within the framework of the mandates issued by the governments of the Member Countries.
That in the Ninth Meeting of Ministers of Foreign Affairs of the ACTO, held on November 15, 2005, the Ministers instructed the Permanent Secretariat of the ACTO to coordinate with the General Secretariat of the CAN and other organizations in order to assist in the consolidation of a South American union, in accordance with the mandates of the Presidential Declarations of Cusco (2004) and Brasilia (2005).
That the SGCAN and the PS / ACTO and GS / CAN maintain permanent working relations arising from the coincidence of priorities, geographical areas and common interests, as it is, among others, regional integration, sustainable development, biodiversity conservation and natural resources and implementation of necessary mechanisms for economic and social development of the region, so that the strengthening of this relationship can best contribute to accomplishing the common interests and objectives.
That the ACTO, according to the Amazon Cooperation Strategic Agenda for the short, medium and long term actions to be undertaken at the regional level to support national initiatives and the Andean Community has an Andean Strategic Agenda, which is set out its guiding principles, among which is to generate practical mechanisms for coordination and convergence between processes of integration.
That is conducive to coordinate actions between the two regional organizations to generate synergies and take advantage of complementarities, and to define a framework of mutual cooperation before the expiration of the Memorandum of Understanding between the Amazon Cooperation Treaty Organization and the General Secretariat of the Andean Community signed on September 29, 2004.
That the Protocol of Amendment of the Amazon Cooperation Treaty, signed in Caracas, Venezuela on December 14, 1998, the Parties agreed to create Amazon Cooperation Treaty Organization (ACTO), with legal personality, being competent to conclude agreements with Contracting Parties, with non-member States and with other international organizations and under the Regulations of the Secretariat of the ACTO, whose body has the capacity to enter into agreements and make commitments on behalf of the ACTO.
That the Andean Community is a sub-regional organization with international legal personality and it is up to the General Secretariat as the executive body of the Andean Community, to maintain permanent working relations with Member Countries and the executive bodies of other regional organizations of integration and cooperation as well as with international organizations or other entities, in order to strengthen relationships and mutual cooperation;
AGREE to conclude this Agreement:
Article 1. - Objective. - The Secretariats of the ACTO and the Andean Community will develop, within the framework of their respective competencies, a Joint Action Plan (hereinafter "JAP"), based on the topics covered by the Cooperation Strategic Agenda of the Amazon Cooperation Treaty Organization and in the Andean Community Strategic Agenda in order to contribute more effectively to achieving the common objectives of both institutions.
Article 2. - The JAP and its Working Bodies. - Both Secretariats will form their respective Ad-Hoc Working Groups for the formulation, development and evaluation of the JAP in the following common themes to the Strategic Agenda of the two organizations: 1) Conservation , protection and use of renewable natural resources, 2) Indigenous affairs, 3) Infrastructure and Transport, 4) Tourism; 5) Climate change and 6) Energy.
Each group will consist of a high-level official and specialized technicians.
These Groups will be responsible for the following tasks:
- They will decide on their terms and conditions of labor, goals and schedule of activities, the same shall be countersigned by the holders of the PS ACTO and the SGCAN.
- They will exchange and analyze the thematic proposals for the formulation of JAC in the face-to-face meetings or video conferences.
- They will hold technical consultations with specialized sectors of Member Countries, through the appropriate channels.
- They will recommend a draft of JAP with a structure and content as prescribed in Article 3 of this Agreement.
- They will conduct a regular monitoring and evaluations of the JAP, once approved by the respective bodies.
- They will propose adjustment measures and / or modifications for the normal development of the JAP.
Article 3. - Structure and Content of the JAP. - The structure of the JAP PAC shall consist of the following:
- THEMATIC OBJECTIVES
The identified thematic objectives for the JAP are:
1)Environment: Conservation, protection and use of the renewable natural resources;
2)Tourism;
3)Infraestructure;
4)Energy;and,
5)Indigenous affairs.
- PROGRAMS
Each Thematic Objective will be defined by the Programs that contain the development of the respective activities. Each Program may have different rates of execution.
- ACTIVITIES
The activities contained in the respective Programs will be adequately articulated among themselves and formulated together with the flexibility required for the development of the JAP.
Each Activity will be developed by the Terms of Reference (TOR) for, which shall include the following components:
1)Principle Objectives
2)Expected Results
3)Principle Actions
4)Performance Period and Stages
5)Institutional Sector Coordination
6)Necessary Resources and Funding Sources
Article 4. - Consideration and Form of the JAP. - The Working Groups will bring to account the holders of the PS / ACTO and the SGCAN the agreed draft of the JAP referred to in Article 2. d) of this present Agreement, who will make necessary contacts with their respective institutional bodies for approval and formalization.
The formalization of the agreement reached by such holders on the draft of the JAP will be attached in due course to this Agreement as "Specific Agreement.
Article 5. - Implementation of the JAP. - For the implementation of the JAP, the holders of the PS / ACTO and the SGCAN will make, according to the characteristics of programs and activities agreed in the JAP, contacts with their respective institutional bodies to formalize the planned actions .
Article 6. – Duration of the JAP. - The JAP will last two (s) years and shall be reviewed and updated at the end of each period.
For the start of the JAP, under the concept of “priority”, the Thematic Objectives will be determined that have great possibilities of reaching the necessary consensus to form the respective Programs and Activities, under existing political, institutional, economic, and very favorable operational conditions.
Article 7. - Reports of Working Groups. - The Working Groups will report periodically to the holders of the PS / ACTO and the SGCAN on the development and advancement of the Programs and Activities of the JAP, asking, if applicable, guidelines for the continuation of the same, and bringing recommendations to facilitate implementation.
When necessary, the holders of the PS / ACTO and SGCAN will hold meetings to discuss the reports received from the aforementioned groups and decide on the recommendations or operational issues that may put them.
Meetings are conducted in a virtual or in person.
Article 8. - Development and Implementation of the Agreement. - The holders of the PS / ACTO and SGCAN will maintain regular consultations on matters relating to the execution of this Agreement and may, by mutual agreement, establish new rules or modifications to improve efficiency.
The holders of the PS / ACTO and the SGCAN may agree working arrangements that facilitate compliance with the commitments of this Agreement by exchange of Notes.
Article 9. - Intellectual Property Rights. - The intellectual property rights on reports or any other document that is prepared under this Agreement shall be joint ownership between the PS / ACTO and the SGCAN.
Article 10. - Settlement of Disputes. - Any disputes or claims arising in the application, interpretation or enforcement of this Agreement shall be resolved through direct negotiation between the holders of two bodies or between those who delegated them.
Article 11. - Entry into Force. - The present Agreement will come into force from the date of signature and will last five years. It will be renewed automatically.
This Agreement may be terminated by either Party by written notice, which shall take effect six (6) months after the date of receipt by the other Party. The termination shall not affect the development and completion of existing activities.
Transitional Provisions. - Both Secretariats will conform, within a period not exceeding 30 days from the effective date of this Agreement, their respective Ad-Hoc Working Groups, whose names will be communicated to the holders of both agencies to comply with this deadline.
In witness whereof, the PS / ACTO and the SGCAN sign this Agreement in the city of ... the day ...... 2012 in two originals in Spanish and Portuguese, equally valid.
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