Memorandum of the Understanding between the Federative Republic of Brazil and the Cooperative Republic of Guyana, which creates the "Brazil-Guyana Joint Commission to Develop Infrastructure Projects" – Montevideo, July 11, 2013

The Federative Republic of Brazil,

and

The Cooperative Republic of Guyana,
(hereinafter referred to as "the Parties"),

Recognizing the importance of constructing the Bridge over the Takutu River, symbolic milestone of the integration between the countries;

Considering the determination of both countries in proceeding with their efforts to deepen the bilateral relations;

Aware that sustainable economic and social development depends on the assured and reliable supply of power, in competitive and technologically adequate conditions;

Equally aware of the importance of the development of transportation and logistic infrastructure for their respective economies;

Convinced that the development of an effective cooperation in the areas mentioned above will lead to a deeper political dialogue and consultation between both countries, benefiting their people;

Referring to the Joint Declaration on Infrastructure Projects by the Minister of External Relations of the Federative Republic of Brazil, Antonio de Aguiar Patriota, and the Minister of Foreign Affairs of the Cooperative Republic of Guyana, Carolyn Rodrigues-Birkett, publicized during the Montevideo MERCOSUR Summit;

Decided:

Article I
To create the Guyana-Brazil Joint Commission for the Development of Infrastructure Projects with the objective of promoting the dialogue on transportation and energy infrastructure and foster the social and economic development of both countries.

Article II
1. Eight National Commissioners will constitute the Commission.

2. The Government of Guyana will communicate through diplomatic channels, the names of high-level governmental representatives to serve as Commissioners.

3. On the part of the Government of Brazil the following Ministries will designate through diplomatic channels, the high level representatives to serve as Commissioners:
- Ministry of External Relations, the Ministry of Mines and Energy, the Ministry of Transport and the Ministry of Planning, Budget and Management of the Federative Republic of Brazil.

4. The parties may agree on the designation of Commissioners of other entities through diplomatic channels.

Article III
The Commission will be constituted by the following Technical Committees:

a) Transportation;
b) Energy;
c) Finance;
d) Legal-regulatory;

Article IV
The Technical Committees will be made up of representatives of governmental institutions of each country, related to the areas of interest of the Commission, and also of the entities and authorities invited by the Parties, after agreement through diplomatic channels.

Article V
The Commission will meet every six months with the objective of guiding, evaluating and endorsing the works of the Technical Committees.

Article VI
The meetings of the Technical Committees will be held every two months;

Article VII
The Commission and/or the Technical Committees may carry out extraordinary meetings, whenever agreed through diplomatic channels, with a minimum of 15 calendar days.

Article VIII
The Technical Committees will have the following primary functions:

a) Analyse bilateral infrastructure projects;
b) Identify tools that allow enacting coordinated actions in the area of electric power;
c) Evaluate ways to fund projects aimed at facilitating bilateral infrastructure;
d) Legal and regulatory review required for the development of bilateral infrastructure projects, and
e) Examine commercial, migratory, environmental, labour, consular, and tax aspects and investment protection related to bilateral initiatives on infrastructure.

2. Other additional subjects that might be needed to achieve the projects will be agreed through diplomatic channels.

3. The Technical Committees recommendations will be brought to the consideration of the Commission.

Article IX
The work agenda of each meeting of the Commission and its Technical Committees will be agreed in advance between the Parties, through diplomatic channels.

Article X
Each Party will bear the possible costs of the activities under this MoU, according to their budgets.

Article XI
Nothing in this MOU shall be interpreted as requiring the Parties or their companies to cooperate in any activity that is not in accordance with their respective laws.

Article XII
The activities referred to in this MOU shall be carried out through consultations and by mutual agreement without prejudice to the rights and obligations of the Parties under international instruments to which either Party is signatory.

Article XIII
Any dispute that may arise concerning the implementation of the present Memorandum of Understanding will be settled by direct negotiation between the Parties through diplomatic channels.

Article XIV
The present Memorandum of Understanding will enter into force on the date of its signature and will be valid for one year and may be renewed for successive periods through diplomatic channels.

Article XV
This Memorandum of Understanding may be amended at any time by mutual consent of the Parties through diplomatic channels.

Article XVI
Either Party may, at any time, notify the other, through diplomatic channels, of its intention to terminate this Memorandum of Understanding with a minimum of three months prior notice. Termination will not affect the on-going projects within its scope.

Done in Montevideo on July 11, 2013, in two originals, in English and Portuguese languages, both texts being equally authentic.