printable banner

U.S. Department of State - Great Seal

U.S. Department of State

Diplomacy in Action

12891 Mexico - Memorandum of Cooperation for the Promotion and Development of Civil Aviation


   
Share

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12891

 

AVIATION

Assistance

 

 

Memorandum of Cooperation
UNITED STATES OF AMERICA
and MEXICO

 

Signed at Washington and Mexico
September 17, October 14 and 16, 1997

with

Letter of Understanding

 

 

 




NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

MEXICO

Aviation: Assistance

Memorandum of Cooperation signed at Washington and Mexico
September 17, October 14 and 16, 1997;
Entered into force October 16, 1997.
With letter of understanding.

MEMORANDUM OF COOPERATION
NAT-I-3418
BETWEEN
FEDERAL AVIATION ADMINISTRATION
DEPARTMENT OF TRANSPORTATION
UNITED STATES OF AMERICA
AND THE
SECRETARIAT OF COMMUNICATIONS AND TRANSPORT
UNITED MEXICAN STATES
WHEREAS, the Federal Aviation Administration (FAA) of the Department of Transportation of the United States of America and the Secretariat of Communications and Transport (SCT) of the United Mexican States, have as a common purpose the promotion and development of technical cooperation in civil aviation between the two countries, and;
WHEREAS, the Administrator of the FAA is authorized to develop, modify, test, and evaluate systems, procedures, facilities and devices to meet the needs for safe and efficient systems in civil aviation, and to enter into cooperative agreements to achieve this objective; and
WHEREAS, such cooperation will encourage and promote the development of civil aeronautics and safety of air commerce in the U.S. and abroad;
NOW THEREFORE, the FAA and the SCT collectively referred to herein as the parties, agree to undertake joint programs in accordance with the following terms and conditions.
ARTICLE I—OBJECTIVE
A. This Memorandum of Cooperation (MOC) establishes the terms and conditions for mutual cooperation in the area of civil aviation research and development. For this purpose the parties may, subject to their availability and the availability of appropriated funds, provide personnel, resources, and related services to cooperate in the accomplishment of this objective.
NAT-I-3418 Page 2 of 7
B. This objective may be achieved by cooperation in any of the following areas:
1. The exchange of information regarding programs and projects, research results or publications.
2. The execution of joint analyses.
3. The coordination of research and development programs and projects, and their execution based on shared effort.
4. The exchange of scientific and technical staff.
5. The exchange of specific equipment and systems for research activities and compatibility studies.
6. The joint organization of symposia or conferences.
7. Reciprocal consultations with the aim of establishing concerted action in appropriate international bodies.
ARTICLE II—IMPLEMENTATION
A. This MOC shall be implemented through technical annexes and appendices which, when signed by the duly authorized representatives of the parties, shall form part of this MOC. For this purpose, the SCT designates the Directorate General of Civil Aeronautics (DGAC), the Air Navigation Services (SENEAM), and the Airports and Auxiliary Services (ASA) as its implementing authorities for areas under their respective jurisdiction. The parties agree that such annexes and appendices shall contain a description of the cooperative assistance to be performed, the personnel and other resources required to accomplish the tasks, the estimated costs, implementation plans, and duration.
B. Representatives from the FAA and the SCT will meet periodically to discuss proposals for new program activities. A joint review of the program status of ongoing activities, which are the subject of annexes and appendices to this MOC, will be conducted as mutually agreed by the parties.
C. The designated offices for the coordination and management of this MOC, and where all requests for services under this MOC should be made, are:
NAT-I-3418 Page 3 of 7
1. For the FAA:
Federal Aviation Administration
Office of International Aviation, AIA-200 800 Independence Ave., S.W. Washington, D.C. 20591
Telephone no. 202-267-3213 Fax no. 202-267-5032
2. For the SCT:
Directorate General of Civil Aeronautics Providencia No. 807 - Sexto Piso
Colonia del Valle
Código Postal 03100
Mexico, D.F., Mexico
Telephone no. 52-5-687-7660 Fax no. 52-5-523-7207
Air Navigation Services (SENEAM) Blvd. Aeropuerto No. 485
Código Postal 15620
Mexico, D.F., Mexico
Telephone no. 52-5-726-1505 Fax no. 52-5-726-1578
Airports and Auxiliary Services (ASA) Av. 620 No. 161 San Juan de Aragón 15620 Mexico, D.F., Mexico
Telephone no. 52-5-786-9526 Fax no. 52-5-726-9709
NAT-I-3418 Page 4 of 7
ARTICLE III—EXCHANGE OF PERSONNEL
A. The parties may exchange technical personnel as required to pursue the activities described in the annexes and appendices. All such exchanges shall be in accordance with the terms and conditions set forth in those annexes and appendices and this MOC. Such personnel will perform work as mutually agreed by the parties in the annexes or appendices. Such personnel may be from the FAA, the SCT, or supporting Government agencies or contractors, as mutually agreed.
B. Governmental personnel from either party assigned to any activity will retain their status as employees of their respective government. Their supervision and administration will be in accordance with the policies and procedures of their respective government, and they will perform at the high level of conduct and technical execution required by their government.
ARTICLE IV—EQUIPMENT AND LOAN ARRANGEMENTS
Equipment may be loaned by one party to the other under the annexes or appendices to this MOC. Such equipment will be identified in each appropriate annex or appendix. With respect to the exchange of equipment, the following general provisions apply unless otherwise specified in the annexes or appendices:
1. The lender will, at its own expense, transport any equipment to the borrower's designated location and identify its value.
2. The borrower will assume custody and possession of said equipment upon its delivery to the designated receiving point.
3. Upon completion of use or expiration or termination of the pertinent appendix, annex or this MOC, the borrower will return the equipment to the lender at the borrower's expense. The equipment will remain in the custody of the borrower until returned to the lender's designated receiving point.
4. The borrower assumes responsibility for installation of equipment at the borrower's location.
5. The lender and borrower will cooperate in securing any export licenses and other documents required for the shipment of the equipment.
NAT-I-3418 Page 5 of 7
6. The lender will assist the borrower in locating sources of supplies for common items and parts peculiar which are not readily available to the borrower.
7. The borrower will place and install equipment in accordance with the agreed program plan, as shown in the annex or appendix.
8. During the period of the loan, the borrower will operate and maintain equipment in proper condition, ensure the continued operability of the equipment, and permit inspection by the lender at any reasonable time.
9. In the event of loss or damage of any equipment loaned under this MOC and for which the borrower assumed custody and possession, the borrower agrees to compensate the lender for the value (as identified by the lender in paragraph 1 of this Article) of the lost or damaged equipment.
10. Any equipment exchanged under this MOC shall be solely for research or developmental purposes and shall not be used in any way whatsoever for active civil aviation or other operational use.
11. Any transfers of technology, equipment or other items pursuant to this MOC shall be subject to the applicable laws and policies of the parties.
ARTICLE V—FUNDING
Unless otherwise specified in the annexes or appendices to this MOC, each party will assume the cost of work to be done by it, in accordance with specific tasks identified in the annexes and appendices.
ARTICLE VI—RIGHTS
Except as required by applicable law, neither party will release any information or material pertinent to the tasks or related to the agreed program to third parties other than contractors or subcontractors engaged in the program.
NAT-I-3418 Page 6 of 7
ARTICLE VII—LIAISON
Technical program liaison for specific activities will be established as indicated in the annexes and appendices to this MOC.
ARTICLE VIII-LIABILITY
The SCT agrees to defend any suit brought against the Government of the United States, the FAA, or any instrumentality or officer of the United States arising out of work performed under this MOC or its annexes and appendices. The SCT further agrees to hold the United States, the FAA, or any instrumentality or officer of the United States harmless against any claim by the Government of the United Mexican States, or by any agency thereof, or by third persons for personal injury, death, or property damage arising out of work performed under this MOC or its annexes and appendices.
ARTICLE IX—AMENDMENTS
This Agreement or its annexes or appendices may be amended by mutual consent of the parties. The details of any such amendment shall be memorialized by written agreement signed by both parties.
ARTICLE X—RESOLUTION OF DISAGREEMENTS
Any disagreement regarding the interpretation or application of this MOC or its annexes and appendices will be resolved by consultations between the parties and will not be referred to any international tribunal or third party for settlement.
ARTICLE XI—ENTRY INTO FORCE AND TERMINATION
A. This MOC shall enter into force on the date of the last signature affixed hereto and shall remain in force until terminated.
B. This MOC or any of its annexes or appendices may be terminated at any time by either party by providing sixty (60) days notice in writing to the other party, provided, however, that the obligations of the SCT under Articles V, VI, VIII, and X shall survive a termination by either party. Any such termination will allow each party one hundred and twenty (120) days to close out its activities. Termination of this MOC shall also terminate all annexes and appendices subsequently concluded by the parties pursuant to this MOC.
NAT-I-3418 Page 7 of 7
ARTICLE XII—AUTHORITY
The FAA and the SCT agree to the provisions of this MOC as indicated by the signature of their duly authorized representatives.
Done in duplicate in the English and Spanish languages, both texts being equally authentic.
FEDERAL AVIATION ADMINISTRATION DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA
BY:
Joan W. Bauerlein
TITLE: Director, Office of International Aviation DATE: 17 September 1997
SECRETARIAT OF COMMUNICATIONS AND TRANSPORT
UNITED MEXICAN STATES
BY:
Dr. Aaron Dychter Poltolarek
TITLE: Undersecretary of Transport 16 Oct. 1997
DATE:
BY:
Antonio Barges Mestres
TITLE: Director General of Civil Aeronautics DATE:
BY:
Roberto Kobeh Gonzalez
TITLE: Director General of Air Navigation Services.
DATE: 14 Oct. 1997
BY:
Alfredo Elias Ayub
TITLE: Director General of Airports and Auxiliary Services
DATE: 14 Oct. 1997
LETTER OF UNDERSTANDING
This letter expresses the understanding of the Federal Aviation Administration (FAA) and the Secretariat of Communications and Transport (SCT), with regard to Article VIII of the Memorandum of Cooperation, NAT-I-3418, between the FAA and SCT.
It is understood that the SCT, as the only government organ of the United Mexican States responsible and authorized to enforce, control and settle events related to civil aviation, acts on behalf of the Government of the United Mexican States.
It is understood that grossly negligent, fraudulent, or criminal acts resulting in personal injury, death or property damage shall not be considered activities within the scope of "arising out of work performed under this MOC NAT-I-3418 or its annexes and appendices" for the purpose of the obligation of SCT to defend any suit brought against the United States, the FAA or any instrumentality or officer of the United States arising out of work performed under the MOC NAT-I-3418 or its annexes and appendices.
FEDERAL AVIATION ADMINISTRATION DEPARTMENT OF TRANSPORTATION UNITED STATES OF AMERICA
BY:
Joan W. Bauerlein
TITLE: Director, Office of International Aviation DATE: 17 September 1997
SECRETARIAT OF COMMUNICATIONS AND TRANSPORT
UNITED MEXICAN STATES
BY:
Dr. Aaron Dychter Poltolarek TITLE: Undersecretary of Transport
DATE: 16 Oct. 1997



Back to Top
Sign-in

Do you already have an account on one of these sites? Click the logo to sign in and create your own customized State Department page. Want to learn more? Check out our FAQ!

OpenID is a service that allows you to sign in to many different websites using a single identity. Find out more about OpenID and how to get an OpenID-enabled account.