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13074 Ukraine - Agreement Concerning a Regional Environmental Center in Ukraine


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13074

 

 

ENVIRONMENTAL COOPERATION

Regional Environmental Center

 

 


Agreement Between the
UNITED STATES OF AMERICA
and UKRAINE

 

Signed at Washington December 8, 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.”

 

UKRAINE

Environmental Cooperation: Regional
Environmental Center

Agreement signed at Washington December 8, 1999;
Entered into force December 8, 1999.

AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND UKRAINE
CONCERNING A REGIONAL ENVIRONMENTAL CENTER IN UKRAINE
The United States of America and Ukraine (hereafter, "the Parties"),
Recognizing that Ukraine and other New Independent States have serious environmental
problems;
Acknowledging that solutions to these problems require the co-operative efforts of
governments, non-governmental public interest organizations (hereafter, NGOs) and
citizens from throughout Ukraine and the region of the New Independent States;
Appreciating the role of international cooperation in solving global and regional
environmental problems;
Taking into consideration the Agreement between the Government of the United States of
America and the Government of Ukraine on Humanitarian and Technical Economic
Cooperation which was signed on May 7, 1992 and the Agreement between the
Government of the United States of America and the Government of Ukraine on Science
and Technology Cooperation which was signed on March 4, 1994;
Recalling also that the Declaration of the Sofia Environment for Europe Ministerial
Conference in October 1995, as well as that of the parallel NGO Conference, called upon
interested countries and international organizations to support a network of independent
Regional Environmental Centers in the New Independent States;
Noting that the Declaration endorsed the establishment of such centers in Georgia, the
Republic of Moldova, the Russian Federation and Ukraine, and that such centers are to
operate democratically and with transparency and openness;
Welcoming other states and international organizations to accede as Parties to this
Agreement;
Supporting the establishment of the Regional Environmental Center in Kyiv, Ukraine
(hereafter, REC-Kyiv) and pledging their support to the activities of the REC-Kyiv;
Have agreed as follows:
Article 1
Establishment and Purpose
1. Ukraine shall establish the REC-Kyiv as an independent, non-governmental, non-
profit and non-political entity operating internationally.
2. The REC-Kyiv shall be a Ukrainian legal entity which shall possess all powers of a
non-profit organization under Ukrainian law, including the authority to acquire and
dispose of property, make contracts, and otherwise manage its affairs.
3. The purpose of the RBC-Kyiv is to assist in solving environmental problems in
Ukraine and in neighboring countries through the promotion of co-operation at national,
regional and local levels among governments, NGOs, businesses, scientific institutions,
communities and all other environmental stakeholders, in order. to develop a free
exchange of experience and information; to increase public participation in the making of
environmental policies and decisions that affect the environment; and to offer assistance
to environmental NGOs and other stakeholders, thereby assisting Ukraine and other New
Independent States in the further development of a democratic civil society and the
achievement of a safe environment.
Article 2
Basic Obligations of the Parties
1. The United States of America, as well as other Parties that may accede to this
Agreement pursuant to Article 12, shall:
(a) provide support to the REC-Kyiv, with support being subject to the availability of
resources and appropriated funds;
(b) assist the REC-Kyiv in broadening its international contacts, in obtaining necessary
information, and in disseminating the results of the REC-Kyiv's activities outside
Ukraine;
(c) assist, when necessary and appropriate, in selecting foreign experts and involving
them in the REC-Kyiv's activities; and
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2. Ukraine shall:
(a) ensure that the Regional Environmental Center in Kyiv (REC-Kyiv) is established as
a legal entity under the laws of Ukraine;
(b) create the appropriate organizational conditions for the effective functioning of the
REC-Kyiv, including providing the REC-Kyiv with office premises and communication
channels; ownership of REC-Kyiv's office premises and all of REC-Kyiv's assets shall be
vested in the REC-Kyiv;
(c) take all necessary measures to ensure the exemption from taxes, customs duties, and
other fees of the funds, goods, and services that, are provided to REC-Kyiv;
(d) provide the REC-Kyiv with relevant information necessary for its activity; in
accordance with the legislation of Ukraine;
(e) assist in the implementation of the proposals of the REC-Kyiv, and
(f) ensure that REC-Kyiv staff members who are not nationals or permanent residents of
Ukraine are provided with any necessary work permits or similar documents.
3. Each Party shall assign an executive agency responsible for fulfilling the terms of
this Agreement.
Article 3
Activities of the REC-Kyiv
Each Party shall provide support for REC-Kyiv activities, which may include:
1) supporting initiatives aimed at solving concrete environmental problems;
2) organizing, funding, and conducting studies, with the exception of basic research, of
the current environmental problems in Ukraine and other New Independent States;
3) providing venues for discussion of environmental issues and policy;
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4) promoting public participation in the decision-making process related to
environmental issues;
5) supporting education, training and capacity building of environmental institutions,
organizations and individuals and increasing environmental awareness;
6) providing grants, and participation with other RECs in developing a grants program
for regional and transboundary projects;
7) disseminating information on issues of the environment, sustainable development, and
the results of scientific research; facilitating access to existing national and international
databases and developing new data bases; producing newsletters and other publications;
8) strengthening regional government and non-government co-operation; and
9) assisting Ukrainian participation in international environmental co-operation.
Article 4
Organization of the REC-Kyiv
1. The REC-Kyiv shall have a governing Board, an Executive Director, an advisory
Forum, and shall have other officers and staff to perform such duties as may be necessary.
2. Each Party may only participate in the selection of the initial members of the
governing Board in accordance with the applicable laws of that Party.
Article 5
Financial Supervision of the REC-Kyiv
1. A Party may make its provision of funds and other assets or property to the REC-
Kyiv conditional upon the REC-Kyiv's supplying to that Party, upon request, information
about the use of funds, assets and property to that Party's satisfaction.
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2. To ensure continued support for the REC-Kyiv from the Parties and to encourage
contributions from others that are not party to this Agreement, the Parties shall encourage
the REC-Kyiv to publish annual reports, including an income and expenditure statement
for the previous year.
Article 6
Relations between the REC-Kyiv and Other Organizations
1. The Parties shall encourage the REC-Kyiv to co-operate with other Regional
Environmental Centers and with environmental institutions, organizations and individuals
in promoting environmental interests.
2. The Parties shall encourage the REC-Kyiv to co-operate with and participate in any
international co-ordinating committees or organizations that are created in connection
with the operation of the Regional Environmental Centers.
Article 7
Intellectual Property Rights
1. "Intellectual Property" shall have the meaning defined in Article 2 of the Convention
establishing the World Intellectual Property Organization, done at Stockholm, 14 July
1967.
2. Unless the Parties otherwise agree, scientific and technological information resulting
from activities undertaken or sponsored by the REC-Kyiv, other than confidential
business information, will be made available to the world scientific community through
customary channels and in accordance with the current procedures of the Parties.
Article 8
Applicable Laws
Activities undertaken pursuant to this Agreement on the territory of Ukraine shall be
carried out in accordance with the applicable laws of Ukraine. Activities and support
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from other Parties shall be in accordance with the applicable laws of that Party, and shall
be subject to the availability of resources and appropriated funds.
Article 9
Withdrawal and Temination
1. Any Party may cease to be party to this Agreement by giving six months' advance
written notification to the other Parties. If a Party provides such notification, the Parties
shall immediately hold consultations concerning the projects initiated prior to the
withdrawal of that Party from this Agreement and whether the Parties shall continue to
support the REC-Kyiv's activities.
2. Any Party that gives notice under this Agreement in accordance with paragraph 1
above shall immediately hold discussions with appropriate REC-Kyiv officials with a
view towards determining the disposition of any financial assistance which that Party has
provided to the REC-Kyiv pursuant to Article 2, and which the REC-Kyiv has not yet
disbursed.
Article 10
Dispute Resolution
Any disputes arising under this Agreement shall be resolved through consultations and
discussions between or among the concerned Parties.
Article 11
Entry into Force and Amendment of this Agreement
1. This Agreement shall enter into force on the date of signature by each of the United
States of America and Ukraine.
2. This Agreement may be amended at any time by the written agreement of the
Parties.
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Article 12
Accession to this Agreement
1. After the entry into force of this Agreement, a state or international organization that
is invited by the Parties to become party to this Agreement may deposit with Ukraine an
instrument accepting this Agreement in accordance with the terms and conditions
prescribed by the Parties. Such instrument shall affirm that the acceding Party has taken
all steps necessary to enable it to carry out its obligations under this Agreement. This
Agreement shall enter into force for such an acceding state or international organization
on the date of deposit of such instrument
2. Ukraine shall promptly notify all Parties when Ukraine receives an instrument from
a state or international organization acceding to this Agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this
Agreement.
Done at Washington, this eighth day of December, 1999, in duplicate in the English and
Ukrainian languages, each text being equally authentic.
FOR THE UNITED STATES OF AMERICA FOR UKRAINE
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