Memorando de Cooperación Internacional - CIQUIME Argentina

MEMORANDUM OF COOPERATIVE UNDERSTANDINGS BETWEEN EMERGENCY CENTERS

Spanish Version

WHEREAS, the organizations signatory (SIGNATORIES) to this Memorandum of Cooperative Understandings (Memorandum) are established emergency response centers sharing a common goal to enhance the ability of emergency responders to effectively and efficiently deal with incidents involving dangerous goods;
WHEREAS, the SIGNATORIES recognize that, with the growth in the global dangerous goods market, there is increased interest in enhancing the information available to emergency responders globally, particularly where such capabilities may not be well established;
WHEREAS, each of the SIGNATORIES has unique capabilities that may serve as a useful resource to others in handling emergencies involving dangerous goods;
WHEREAS, each of the SIGNATORIES recognizes the benefits that may be derived from sharing information during an emergency involving dangerous goods; and
WHEREAS, this Memorandum of Cooperative Understandings is established to facilitate the sharing of dangerous goods information and cooperation in the event of a chemical spill, leak, fire or exposure where necessary information is quickly needed to protect personnel, property, and the environment;
NOW, THEREFORE, in consideration of the foregoing, the SIGNATORIES enter into this Memorandum as noted in the following paragraphs.

Those understandings are as follows:

1. Each SIGNATORY agrees to provide the others with contact information that will allow communication between SIGNATORY emergency centers at any time of the day or night and to notify the other SIGNATORIES of changes to that contact information.

2. In response to an incident involving dangerous goods, each SIGNATORY agrees to provide to the requesting SIGNATORY, the appropriate Material Safety Data Sheet(s), SDS(s), TREM Cards, Chemical Action Guides or other data available on the material, unless precluded by conditions beyond their control or prohibited under their respective operating requirements or guidelines. Information may be provided by telephone, fax, or email. No SIGNATORY will levy a fee for this information against another SIGNATORY provided the information is requested to mitigate an emergency involving dangerous goods.

3. Each SIGNATORY agrees to provide to emergency responders, regardless of their location, available emergency response information when the requesting responder is engaged in the response to a dangerous goods spill, fire, release, or personnel exposure provided the information is within the SIGNATORY’s capability to do so. No SIGNATORY will levy a fee for this information provided the information is needed to respond to or otherwise mitigate an emergency involving dangerous goods.

4. SIGNATORIES to this Memorandum will test this Memorandum among all SIGNATORIES, as a group or individually, within the first twelve (12) months following the effective date of the Memorandum. The Memorandum will be tested at least once each year thereafter as long as the Memorandum remains in effect. SIGNATORIES may conduct exercises more frequently. The initial and subsequent tests of the Memorandum will be prearranged with other SIGNATORIES expected to participate in the exercise.

5. None of the SIGNATORIES accept responsibility to provide direct access to their respective fire and rescue services or other authorities or direct access to their information databases.

6. SIGNATORIES will review and assess this Memorandum after twelve (12) months from the effective date of the Memorandum to determine if the cooperative understandings described in the Memorandum meet the expectations of the respective organizations. If all SIGNATORIES agree the Memorandum provides the expected value, the Memorandum will remain in effect and be reviewed annually thereafter. If it is determined that modifications to the Memorandum are required, the Memorandum will be amended and reissued to those SIGNATORIES agreeing to the modifications.

7. SIGNATORIES may invite additional organizations to participate, at the concurrence of the other SIGNATORIES and with the understanding that participation will be at their own expense and subject to the terms of this Memorandum, in the cooperative activities described in this Memorandum.

8. All SIGNATORIES agree that information provided under the terms of this Memorandum are done so in good faith in an effort to provide assistance to those needing information during emergencies involving dangerous goods. No SIGNATORY guarantees the accuracy or completeness of the information provided under the terms of this Memorandum, nor does any SIGNATORY accept responsibility or liability for any inaccuracies or omissions in the information provided to another SIGNATORY or any other party.

9. All SIGNATORIES agree that information provided under the terms of this Memorandum is to be used exclusively for the purpose of providing assistance during a dangerous goods emergency and should not be used for any other purpose. Any information, including information provided for the purpose of emergency response, obtained under the terms of this Memorandum, should be treated as confidential information and should not be provided to any other party except to the extent it is provided to those involved in responding to or otherwise mitigating an emergency involving dangerous goods.

10. Nothing in this Memorandum shall be legally binding nor shall anything in this Memorandum be construed as creating, modifying, or in any way affecting either the rights, duties, or obligations of any of the SIGNATORIES or, where applicable, their parent organizations, or any other person, or the liability of any of the SIGNATORIES as between themselves or to any other organization or person. Further, nothing in this Memorandum should be construed as a commitment of financial or other resources by the SIGNATORIES.

11. The effective term of this Memorandum shall be three years from its effective date. Any SIGNATORY may, at any time, terminate its organization’s involvement in this Memorandum upon 3 months written notice to all SIGNATORIES.

12. This Memorandum is made in Spanish, Portuguese and English versions, each of which is agreed is an equal and accurate translation, and constitutes an agreement among the following signing parties and is effective June 23, 2009