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13041 Guatemala - Memorandum of Cooperation for Mutual Cooperation in the Promotion and Development of Civil Aviation


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13041

 

 

AVIATION

Cooperation

 

 


Memorandum of Cooperation
Between the
UNITED STATES OF AMERICA
and GUATEMALA

 

 

Signed at Washington and Guatemala May 26
and June 11, 1999

 

 

 

 


 

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.”

 

GUATEMALA

Aviation: Cooperation

Memorandum of cooperation signed at Washington
and Guatemala May 26 and June 11, 1999;
Entered into force June 11, 1999.

MEMORANDUM OF COOPERATION
NAT-I-9005
BETWEEN THE
FEDERAL AVIATION ADMINISTRATION
DEPARTMENT OF TRANSPORTATION
UNITED STATES OF AMERICA
AND THE
DIRECCION GENERAL DE AERONAUTICA CIVIL
GUATEMALA
WHEREAS, the Federal Aviation Administration (FAA) of the Department of
Transportation of the United States of America and the Dirección General of Aeronáutica Civil
(DGAC) of Guatemala , 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 the development of civil aeronautics and
safety of air commerce in the U.S. and abroad;
NOW THEREFORE, the FAA and the DGAC, 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 promotion and development of civil aviation. For this purpose the
parties may, subject to the availability of appropriated funds and necessary resources, provide
personnel, resources, and related services to cooperate to the extent called for in the annexes and
appendices to this MOC.
MOC NAT-I-9005
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
shall form part of this MOC when mutually agreed by both parties.
B. Representatives from the FAA and the DGAC shall meet periodically to discuss
proposals for new cooperative activities. A joint review of the status of ongoing activities, which
are the subject of annexes and appendices to this MOC, shall be conducted at such intervals as
mutually agreed by the parties.
C. The designated offices for the coordination and management of this MOC and its
annexes and appendices, and where all requests for services under this MOC should be made,
are:
1. For the FAA:
Federal Aviation Administration
Office of International Aviation, AIA-200
800 Independence Ave., S.W.
MOC NAT-I-9005
Page 3 of 7
Washington, D.C. 20591
Telephone: 202-267-9775
Facsimile: 202-267-5032
2. For the DGAC:
Direccion General de Aeronáutica Civil
Aeropuerto International "La Aurora"
Zona 13
Guatemala City, Guatemala
Telephone: 011-502-332-0162
Facsimile: 011-502-331-4840
D. Technical program liaison for specific activities shall be established as indicated in
the annexes and appendices to this MOC.
ARTICLE III EXCHANGE OF PERSONNEL
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
shall perform work as mutually agreed by the parties in the annexes or appendices. Such
personnel may be from the FAA, the DGAC, or supporting Government agencies or contractors,
as mutually agreed.
ARTICLE IV—EOUIPMENT AND LOAN ARRANGEMENTS
Equipment may be loaned by one party to the other under the annexes or appendices to
this MOC. The following general provisions shall apply to all loans of equipment unless
otherwise specified in the annexes or appendices:
1. The borrower shall, at its own expense, transport any equipment to the borrower's
designated location and identify its value.
MOC NAT-I-9005
Page 4 of 7
2. The borrower shall 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 shall return the equipment to the lender at the
borrower's expense. The equipment shall remain in the custody of the borrower
until returned to the lender's designated receiving point.
4. The borrower shall be responsible for installing the equipment at the borrower's
location.
5. The lender and borrower shall cooperate in securing any export licenses and other
documents required for the shipment of the equipment.
6. The lender shall 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 shall 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 shall 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 shall
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
MOC NAT-I-9005
Page 5 of 7
A. Unless otherwise specified in the annexes or appendices to this MOC, each party shall
assume the cost of work to be done by it, in accordance with specific tasks identified in the
annexes and appendices.
B. MOC number NAT-I-9005 has been assigned by the FAA to identify this cooperative
program and shall be referenced in all correspondence related to this MOC.
ARTICLE VI—RIGHTS
Except as required by applicable law, neither party shall 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.
ARTICLE VII—LIABILITY
A. The FAA assumes no liability for any claim of loss arising out of advice or other
assistance provided or work performed by it under this Agreement, or arising out of any action or
decision by the DGAC, or its employees or contractors, in relation to such advice, assistance, or
work.
B. The DGAC, on behalf of the Government of Guatemala, 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 DGAC, on behalf of the Government of Guatemala, 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 Guatemala, 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.
MOC NAT-I-9005
Page 6 of 7
ARTICLE VII—AMENDMENTS
This MOC 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 IX—RESOLUTION OF DISAGREEMENTS
Any disagreement regarding the interpretation or application of this MOC or its annexes
and appendices shall be resolved by consultations between the parties and ball not be referred to
any international tribunal or third party for settlement.
ARTICLE X—ENTRY INTO FORCE AND TERMINATION
A. This MOC shall enter into force on the date of the last signature and shall remain in
force until terminated.
B. This MOC or 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. Termination of this MOC shall
not affect existing obligations of the parties under Articles V, VI, VII, and IX. Each party shall
have one hundred and twenty (120) days to close out its activities following termination of this
MOC or its annexes or appendices. Termination of this MOC also shall terminate all annexes
and appendices subsequently concluded by the parties pursuant to this MOC.
ARTICLE XI—SIGNATURE IN COUNTERPARTS
To facilitate execution, this MOC or its annexes or appendices may be executed in as
many counterparts as may be required. It shall not be necessary that the signature of or on behalf
of each party appear on each counterpart, but it shall be sufficient that the signature of or on
behalf of each party appear on one or more of the counterparts. All counterparts shall
collectively constitute a single agreement.
MOC NAT-I-9005
Page 7 of 7
ARTICLE XII—AUTHORITY

The FAA and the DGAC agree to the provisions of this MOC as indicated by the
signature of their duly authorized representatives.
FEDERAL AVIATION ADMINISTRATION DIRECCION GENERAL DE
DEPARTMENT OF TRANSPORTATION AERONAUTICA CIVIL
UNITED STATES OF AMERICA GUATEMALA
BY:
Joan W. Bauerlein BY: Lic. Peter Roland Zimeri Ubieto
TITLE: Director of International Aviation TITLE: Director General
DATE: 26 May 1999 DATE: 11 June 1999



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