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Notice to Research Vessel Operators No. 98
(this notice cancels NTRVO NO. 63)

Subject: Requirements for Conducting Marine Scientific Research in Mexican Waters.
Released by the Department of State, Bureau of Oceans and International Environmental and Scientific Affairs, August 5, 1991.

Enclosed is an official translation of Mexican Department of Foreign Relations Diplomatic Note No. 001187 dated June 19, 1990. This document provides written Mexican requirements relating to the processing of applications for permission to conduct scientific research in Mexican jurisdiction. The Department of State is only able to submit requests to Mexico that are in total compliance with the enclosed document, because the Mexican government will not initiate processing until it has the complete information. Also, because the processing is extremely time-consuming, late requests will only be forwarded if the scientist can demonstrate an extreme circumstance that precluded compliance.

The requirements stipulate the payment of a fee for any marine scientific research involving the collection of samples of living resources in areas under Mexican jurisdiction. The Department of State has objected to this requirement and we have discussed its removal with various Mexican officials without success. It is our position that the fee is not allowed by the UN Law of the Sea Convention and also, it is not in compliance with customary international practice. So as not to jeopardize U.S. research initiatives, we recommend that the fees be paid under protest as we continue to seek resolution. Non-payment of the fee will result in the refusal of the Mexican Government to process the request.

If research involving sampling of Mexican living resources is involved, the following procedure for payment of the collection fee must be followed:

1) Researchers must submit the fee payment for the current amount of the collection fee established by the corresponding Mexican Government Agency before consideration of the request by the Mexican Foreign Ministry will begin (due to Mexican currency fluctuation and variations in the peso/dollar, this amount is adjusted every three months). Researchers should contact this office to obtain the current fee rate (approx U.S. $ 700).

2) The payment must be made in the form of an international transfer of funds payable to "La Tesoreria de la Federacion" via any of the banking institutions in the Federal District of Mexico City. The check must also contain the following remarks: "Unidad de Asuntos Internacionales" and "Secretariate de Desarrollo Urbano y Ecologia".

3) A copy of the transfer receipt should be sent to the Embassy Science Office by mail or telefax for its corresponding processing. Address as follows:

Science Counselor
Science Office
Amembassy Mexico
C/o P.O. Drawer 3087
Laredo, TX 78044
Fax. No.: (52) (5)511-9980

If the transfer receipt is not included with the request, the process will be held up until the receipt is received. If a researcher chooses to submit the request and pay the fee later, the Mexican Government will require 180 days to process the request from the time the fee is received.

The same situation exists for provision of all other documentation, including passport photos, curriculum vita, and letters of support.

Although not stated in the enclosed requirements, we have been informed by the Mexican Department of Foreign Relations that four copies are required of all post cruise obligations.

The stated lead-time requirement for Mexico is 180 days. Therefore, it is required that all requests be submitted to the Department of State at least seven months prior to proposed research, and in compliance with Mexican requirements and the "UNOLS Handbook for International Operations of U.S. Scientific Research Vessels."

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DEPARTMENT OF STATE
DIVISION OF LANGUAGE SERVICES
(TRANSLATION)
LS NO. 132593
DHS/LM

Spanish

No. 001187

The Department of Foreign Relations presents its compliments to the Embassy of the United States of America and has the honor to refer to the meeting held at this department on March 27, 1990, to prepare for the Seventh Meeting of the Mixed Commission on Mexico-United States Scientific and Technical Cooperation.

In this regard, and as agreed at that meeting, we are transmitting herewith the guidelines that apply to the handling of applications for permits to conduct scientific research in Mexican jurisdictional waters and territory, based on the national and international legislation now in force on this subject.

The Department of Foreign Relations avails itself of this opportunity to renew to the Embassy of the United States of America the assurances of its high consideration.

Mexico, D.F., June 19, 1990

The Embassy of the United States of America,
Mexico City.

I. REQUIREMENTS FOR THE APPLICATION.

1. Any application by a foreigner must be sent through established diplomatic channels. 'The Department of State shall forward the application to its Embassy in Mexico and the Embassy will, in turn, submit it for consideration by the Department of Foreign Relations.

2. The application shall be submitted sufficiently in advance of the date proposed for the beginning of the activities contemplated in the research project, in light of the procedures to be discharged.

3. It must contain detailed information regarding the nature and objectives of the research project.

4. The specific dates and geographic zones in which the research project is intended to be conducted must be provided.

5. The name, domicile, and basic information regarding the institution and scientists in charge of the project, and, as necessary, detailed information on the vessel.

6. The source of funding.

7. A detailed description of the schedule planned for the field operation, with an explanation of the objectives and the equipment to be used.

8. Specimen collection must indicate the common and scientific names of the species, as well as the volume planned to be collected. Payment of the respective fees must be made by international transfer to the Mexican Treasury, in the amount to be determined by the appropriate Mexican authorities.

9. The researcher in charge must send the following documents: a letter from the institution where he is employed, in support of the proposed research; a letter of consent agreeing to bear the costs for Mexican participants during the field work; a letter from a Mexican institution or researcher in support of the application; and the curriculum vitae of the researcher and two passport-size photographs.

This list of requirements may vary depending on the type of research involved. Consultations are transmitted to the agencies and other relevant Mexican Government entities. The Department of Foreign Relations shall see that applicable international standards are observed and that Mexican technicians and scientists participate in the research projects.

Once all responses are received from the agencies involved and should no other formalities be necessary, the Department of Foreign Relations will send a note verbale to the Embassy indicating the conditions to which the various agencies and institutions consulted have subjected the authorization.

II. CONDITIONS TO BE MET BY THE RESEARCHERS.

If the requested research permit is authorized by the appropriate authorities of the Government of Mexico, the note will indicate the conditions to be met by the researchers. These are listed as follows:

1. The permit is issued in the name of the investigator in charge and is non-transferable;

2. The period of validity of the permit is indicated;

3. The permit indicates the purpose and objectives of the research;

4. The permit indicates the geographic area authorized for the research;

5. The permit gives the names of the Mexican participants.

6. The permit indicates the equipment that is authorized to be used.

III. OBLIGATIONS OF THE RESEARCHERS.

The researchers named on the permit have the following obligations:

1. The permit holder must guarantee Mexican participation in the research.

2. The permit holder is prohibited from using explosives, toxic substances, and any method of research that may damage the species or alter the ecology of the environment.

3. The permit holder shall be responsible for any significant impact on the populations of wild and aquatic flora and fauna, and must therefore consider the risk of disturbing the ecosystem prior to conducting the research. The project shall not be carried out if the risk is high.

4. If a permit for collection is granted, the researcher must deposit 40 percent of all specimens collected, duly preserved and with requested collection data indicated, with some Mexican scientific institution. The researcher shall request acknowledgement of receipt thereof.

5. The permit holder is strictly prohibited from collecting, transporting, and utilizing any of the species of rare wild and aquatic flora and species threatened with or in danger of extinction, and from conducting activities in protected natural areas of Mexico.

6. The permit holder may undertake no activity other than that detailed in the permit.

7. Should any unforeseen change occur, the Department of Foreign Relations should be so informed in due time.

8. When the research requires permission from the Department of Fisheries, this will be attached to the note verbale. The permit holder has an obligation to acknowledge receipt thereof through the diplomatic channel, and to notify the Department of Foreign Relations within no more than 15 days of the date of validity thereof in the event it was not used, returning the original for cancellation.

9. When the researcher has requested authorization from the Department of Urban Development and Ecology (SEDUE), this will be attached to the note verbal. When possible, the researcher in charge should visit the appropriate state delegations of SEDUE to deliver his activity program in writing.

10. The Embassy shall send to the Department of Foreign Relations copies of the preliminary report and the detailed final report, as well as any publications, photographs, and any other resulting document. The means of access to the collections and data centers where the information and materials obtained will be concentrated shall be specified. If the agencies involved request any additional explanation on the results of the research, the permit holder shall furnish the necessary assistance in interpreting and evaluating them.

IV. CLASSIFICATION OF THE RESEARCH WORK.

In order to assist in simplifying the obtaining of this kind of permit, scientific research activities will be classified in one of two groups:

1. Research in marine zones. Regardless of the type of vessel, aircraft, or equipment to be used, applications must be submitted at least 180 days in advance to allow time for the necessary consultations.

2. Research in Mexican air space and territory. The period required for processing of the application shall be at least 90 days prior to the start of the project.

The various regimes applicable in each of our maritime zones, on the basis of which the Government of Mexico is empowered to grant or deny the applications for permits in Mexican jurisdictional waters, are contained in the United Nations Convention on the Law of the Sea, approved at Montego Bay, Jamaica, on December 10, 1982.

[end of document]

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