Memorandum of Understanding Between Ministry of Foreign Affairs - PDF by yqc43112

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									                          MEMORANDUM OF UNDERSTANDING

                                       between

               THE MINISTRY FOR FOREIGN AFFAIRS OF FINLAND

                                          and

            THE GENERAL SECRETARIAT OF THE ANDEAN COMMUNITY


                                      Introduction

This Memorandum of Understanding (MOU), which is not a legally binding document, has
been made by the Ministry for Foreign Affairs of Finland (MFA) and the General Secretariat
of the Andean Community (SGCA),

REAFFIRMING their commitment to promote sustainable development and regional
integration in order to alleviate poverty, and improve the quality of life of the people
living in the Andean Community Member Countries;

RECALLING that the objective of the Regional Biodiversity Strategy for Tropical Andean
Countries, approved by the Andean Community (CAN) Council of Foreign Affairs Ministers
(Decision 523, on July 7, 2002), is to contribute to the generation of viable sustainable
regional development alternatives based on the sub-region’s natural resources and the
coordination of joint positions at the various international negotiation forums;

CONSIDERING that the aim of the Andean Environmental Agenda 2006-2010, approved
by the Council of the Ministers of Environment and Sustainable Development of CAN in
August 2006 is to define, harmonise, coordinate and concretize policies and strategies for
the Community in environmental management and sustainable development, and
recognizing further that the objective of these policies and strategies is to advance the
process of integration and strengthen the Andean negotiation capacity in international
forum;

RECALLING the commitment of the Government of Finland and of the CAN Member
Countries to the Millennium Development Goals (MDGs) and to the objectives of the
Convention on Biological Diversity (CBD) both parties strive to promote national, regional
and international activities and projects for conservation and sustainable use of
biodiversity in order to reduce the potential loss of these resources;

REITERATING that prevention of international environmental threats is one of the main
goals of the Finnish development policy, which underlines the Finnish Government's
commitment to advocate for changed production and consumption patterns, to promote
the implementation of multilateral environmental agreements and to support the inclusion
of principles of environmentally sustainable development in the poverty reduction
strategies of its partner countries, as well as to support specific environmental projects
and programmes,



                                                                                        1
CONSIDERING that the Finnish Government mainly channels regional cooperation funds
through regional institutions to promote integration and stability or to contribute to
solving development problems that have regional dimensions, including environmental
threats, and that Finland supports regional cooperation with the Andean Community,

TAKING INTO CONSIDERATION that since the early 1980s Finnish academic community
has conducted extensive scientific research in the Andean Amazon, and, on the other
hand that the Government of Finland is financing a bilateral development programme
with Peru on the Conservation and Sustainable use of the Peruvian Amazon, the so called
BIODAMAZ project;

STATING WITH SATISFACTION that the relationship between the Ministry for Foreign
Affairs of Finland and the SGCA is based on the congruent priorities and interests such as
poverty alleviation, social cohesion, regional integration, biodiversity conservation and
sustainable use of natural resources,

THEREFORE, the MFA and the SGCA as Signatories to this Memorandum have decided as
follows:

                                           Paragraph I

                                           Participants

The participants to this Memorandum of Understanding are the Ministry for Foreign Affairs
of Finland and the General Secretariat of the Andean Community.

The Andean Community is a Subregional organization with an international legal status,
composed of the sovereign States of Bolivia, Colombia, Ecuador and Peru, and of the
bodies and institutions of the Andean Integration System –SAI-1.

The General Secretariat is the executive body of the Andean Community and, as such,
acts solely in accordance with the interests of the Subregion. The General Secretariat
shall give technical support, when appropriate, to the other bodies and institutions of the
Andean Integration System.

                                          Paragraph II
                                            Objectives


General Objective

The general objective of this Memorandum of Understanding is to express the mutual
interest of the participants in combining their institutional capacity to promote sustainable
development and strengthen regional integration for the benefit of the population in the
Andean Community Subregion.


1
 The Andean Integration System is made up of the following bodies and institutions: Andean Presidential
Council; Andean Council of Foreign Ministers; Andean Community Commission; Andean Community General
Secretariat; Andean Community Court of Justice; Andean Parliament;Business Advisory Council; Labor
Advisory Council;Andean Development Corporation;etc.



                                                                                                     2
Specific Objectives:

The participants strive to:

   •   Assist, through the General Secretariat, the Governments of the Member Countries
       (GMC) of CAN in their activities to strengthen their commitment and compliance to
       the MDGs and CBD,
   •   provide eventual support as needed by GMC in the implementation of Andean
       Environmental Agenda 2006-2010 and Regional Biodiversity Strategy,
   •   facilitate the processes needed by the GMC to achieve the MDGs, especially in
       regards to poverty, human rights, good governance and sustainable development,
   •   share experiences and information concerning cooperation and execution of
       programs and related to the activities of common interest.


                                     Paragraph III

                                      Coordination

The immediate and equal representatives of the participants in all coordination, if not
otherwise defined in specific agreements, are:

            the Ministry for Foreign Affairs of Finland represented by the
            Embassy of Finland in Peru

                                           and

            the General Secretariat of the Andean Community represented by its
            Secretary General based in Lima

The participants will organise an annual meeting or seminar during which the main lines
of an Action Plan, encompassing the promotion of common policies, activities and projects
to be carried out during the year, will be agreed upon. At the same time evaluation of
past experiences will be carried out. New modalities and activities to enhance the
achievement of common goals can be adopted on the basis of mutual understanding.

Other participants that share the common goal of the MoU can be invited to participate in
the projects or other activities defined in the Action Plan. Third participants, Andean,
Finnish, private or public, should be invited by mutual consent of the MFA and the CAN.
The modality of cooperation should be decided upon according to the internal rules and
procedures of each participant, that is to say in conformity of Finnish Law and the Norms
of the Andean Community.

Execution of specific projects that involve funding from the Ministry for Foreign Affairs of
Finland shall be governed by bilateral agreements. All the responsibilities and modalities
of action, management of funds and achievement of results will be specified in that
agreement.

In case that the issue to be solved implies negotiations or agreements with the Member
Countries Governments, such proceedings shall take place as appropriate.




                                                                                          3
                                             Paragraph IV

                                              Information

The participants will seek to maintain a transparent mechanism of exchange of
information in the areas of mutual interest. All activities initiated within the framework of
this MoU shall be implemented jointly and in a manner recognizing the equality of the
participants and reflecting the respective contributions of the participants. Public
documents produced on the basis of joint activities, as well as communications to the
media, will hold logos of the SGCA and MFA of equal size and visibility.



                                             Paragraph V

              Entry into Force, Termination and Amendments to the MoU


This MoU will come into effect upon the signature by the authorized representative of MFA
and the SGCA. It will remain valid four years, with a possibility of renewal if both
participants so decide. Either participant can terminate the MoU by giving a written notice
thereof to the other Participant three months prior to the proposed termination date.
Any amendment or modification to this MoU will be made upon exchange of letters
between the parties. The letters to this effect will become an integral part of the MoU.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed the
present Memorandum of Understanding in the English language in two copies2.



Signed in Lima, 23 day of January 2007




_____________________________                                   _____________________________
On behalf of the Ministry for                                    On behalf of the General Secretariat
 Foreign Affairs of Finland                                          of the Andean Community
    Kimmo Pulkkinen                                                 Alfredo Fuentes Hernández
  Ambassador of Finland                                               Secretary General (a.i.)




2
  Two copies of this Memorandum of Understanding will be signed by the participants in the Spanish
language.
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