Memorandum of Understanding between the Federative Republic of Brazil and the Kingdom of Norway on Maritime Transport

The Federative Republic of Brazil

and

The Kingdom of Norway,

hereinafter referred to as “the Parties”,

RECOGNIZING the importance and significant contribution of maritime transport to the social and economic development of the Parties,

ACKNOWLEDGING the mutual desire to strengthen and expand the cooperation in the field of maritime transport,

DESIRING to contribute to the development of international shipping on the basis of the principle of freedom of navigation,

DESIRING to establish an adequate framework to handle all cooperation initiatives between the two Parties toward the development of an efficient, safe and sustainable maritime transport sector,

HAVE AGREED as follows:

Section 1
Objectives of Cooperation

1.     The Parties intend to expand and deepen cooperation on matters related to maritime transport on the basis of understanding and mutual benefits.

2.     The Parties intend to facilitate the liaison between their respective bodies in order to develop mutually beneficial cooperation initiatives.

3.     The Parties also intend to increase private sector cooperation and awareness, creating mutual economic opportunities and promoting investments.

Section 2
Fields of Cooperation

4.     Subjects of joint interest under this Memorandum of Understanding may include:

a) International Maritime Transport;

b) Port Supporting Services;

c) Offshore Navigation Supporting Services;

d) Auxiliary Services to Maritime Transport;

e) Chartering of Vessels;

f) Other fields as mutually agreed upon.

5.     Bearing in mind the above mentioned fields, cooperation may include, but not be limited to:

a) Regulation and Public Policies;

b) Expert exchanges on best practices and information sharing;

c) Safety and Security Management;

d) Capacity Building and Training; and

e) Any other matters mutually agreed upon.

Section 3
Implementation and Coordination

6.     A Coordinating Committee will meet regularly in order to prioritize upcoming activities, assess progress and measure results achieved under this Memorandum of Understanding. On the Brazilian side, the Coordinating Committee is to be led by the Ministry of Foreign Affairs with participation of the Ministry of Transports, the Brazilian Navy, and the National Waterway Transportation Agency, among others; on the Norwegian side, the Coordinating Committee is to be led by Norwegian Ministry of Trade, Industry and Fisheries.

7.     "Ad hoc" working groups may be created to develop specific cooperation initiatives under this Memorandum of Understanding. The "ad hoc" working groups should in principle be created to accomplish a clear objective in a defined timeframe.

Section 4
Forms of Cooperation

8.     The two Parties will foster direct cooperation between the respective administrative agencies of both Parties in order to increase awareness of areas of mutual interest and to identify cooperation instruments to best advance the bilateral agenda, based on mutual understanding, respect and benefit.

9.     The above mentioned cooperation may take the form of, "inter alia", exchange of views and best practices, expertise and know-how; provision of technical and managerial cooperation; capacity building and training; and joint projects and facilitation of cooperation between enterprises and/or organizations of both Parties. Such cooperation is to be subject to their respective national laws and other sector specific rules, regulations and guidelines.

Section 5
Financing

10.     All activities under this Memorandum of Understanding are to be subject to the availability of funds and to further arrangements between appropriate institutions. This Memorandum of Understanding is not intended to entail a commitment or obligation of specific funds by either Party.

Section 6
Confidentiality of Information

11.     Information obtained as a result of the implementation of this Memorandum of Understanding will be protected in accordance with the domestic legislation of each Party.

Section 7
Modifications

12.     Modifications to this Memorandum of Understanding may be made at any time in writing by mutual consent of both Parties.

Section 8
Consultations

13.     Any issue arising out of the interpretations and/or implementation of this Memorandum of Understanding should be settled amicably by negotiation or consultation between the Parties.

Section 9
Commencement and Discontinuation

14.     This Memorandum of Understanding will come into force on the date of its signature.

15.     This Memorandum of Understanding may be discontinued at any time by notification in writing six (6) months in advance of the intended date of discontinuation. The discontinuation should not affect the implementation of on-going activities or projects which have been decided prior to the date of its termination, unless the Parties agree otherwise.

16.     This Memorandum of Understanding does not create any rights or obligations under international or domestic law. The Parties will however endeavor to complete the negotiations on a bilateral agreement on maritime transport.

Signed in duplicate in Brasília, on 16 of November 2015, in two originals, in the Portuguese and English languages, both texts being equally authentic.