Vous êtes sur la page 1sur 4

TECHNICAL COOPERATION AGREEMENT FOR THE FORMATION OF THE

INTERINSTITUTIONAL GROUP FOR FOREST AND LAND USE MONITORING

In the City of Guatemala, the 1st of September of 2015, we, A) OSCAR ERNESTO MEDINILLA
SÁNCHEZ, 46 years old, married, Guatemalan, Agricultural Engineer, domiciled in Guatemala,
identified with personal identification number 2179 76042 0101, extended by the National Registry of
Persons of the Republic of Guatemala, acting as MINISTER OF ENVIRONMENT AND NATURAL
RESOURCES -MARN-, certified with Gubernatorial Agreement number 42-2015, dated May 26th of
2015, issued by the President of the Republic of Guatemala; inauguration record of the position of
Minister of Environment and Natural Resources, number 95-2015, dated May 26th, 2015; B) JOSÉ
SEBASTIÁN MARCUCCI RUIZ, 55 years old, married, Guatemalan, Agricultural Engineer, domiciled
in Guatemala, identified with personal identification number 1954 91017 0101, extended by the
National Registry of Persons of the Republic of Guatemala, acting as MINISTER OF AGRICULTURE,
LIVESTOCK FARMING AND FOOD -MAGA-, certified with a) Gubernatorial Agreement of my
appointment, number 14, dated February 21th of 2015, issued by the President of the Republic of
Guatemala; and b) inauguration record of the position of Minister of Agriculture, Livestock Farming and
Food, number 27-2015, dated February 12th, 2015; C) JOSUÉ IVÁN MORALES DARDÓN, 55 years
old, single, Guatemalan, Agricultural Engineer, domiciled in Guatemala, identified with personal
identification number 1828 16710 0101, extended by the National Registry of Persons of the Republic
of Guatemala, acting as General Manager and Legal Guardian of the NATIONAL FOREST SERVICE
-INAB-, certified with a) minutes of the Board of Directors of the National Forest Service -INAB-
number JD.44.2008, dated December 17th, 2008, in which my appointment is recorded, issued by the
secretary to the Board of Directors of the National Forest Service -INAB-; b) minutes of the Board of
Directors of the National Forest Service -INAB- number JD.03.2009, dated January 28th, 2009, in
which my inauguration is recorded, issued by the secretary to the Board of Directors of the National
Forest Service -INAB-; c) certification of my inauguration, number 002-2009, issued by the Director of
Institutional Development and Human Resources of the National Forest Service -INAB-; and d) in
conformity with what is established on Article 16, section c, of the National Forestry Law, legislative
decree 101 of the Congress of the Republic; D) MANUEL BENEDICTO LUCAS LÓPEZ, 34 years old,
married, Guatemalan, Agricultural Engineer, domiciled in Guatemala, identified with personal
identification number 2611 89360 0101, extended by the National Registry of Persons of the Republic
of Guatemala, acting as Executive Secretary of the NATIONAL COUNCIL OF PROTECTED AREAS -
CONAP-, certified with Gubernatorial Agreement of my appointment, number 43, dated May 28th of
2013, and with certification of my inauguration, number 26-2013, as recorded in the proceedings book
authorised by the Comptroller’s Office, with registry number 49,517, I appoint as the place for
receiving notifications the address of 5th Avenue, 6-06, zone 01 of this city, IPM Building, 7th floor; the
institution which is to be called CONAP; E) EDUARDO VALDÉS BARRIA, 67 years old, Panamanian,
single, Catholic Priest, domiciled in Guatemala, identified with personal identification number 2498
13726 0101, extended by the National Registry of Persons of the Republic of Guatemala, acting as
Rector of RAFAEL LANDÍVAR UNIVERSITY -URL- which I certify with the notarial certificate which
contains my appointment, authorised in this city the 27th of February of 2014 by notary public Jorge
Alberto Pellecer Way; and F) ROBERTO MORENO GODOY, 54 years old, married, Guatemalan, with
a degree in Education, domiciled in Guatemala, identified with personal identification number 1936
23773 0101, extended by the National Registry of Persons of the Republic of Guatemala, acting as
Rector and Legal Guardian of the UNIVERSITY OF THE VALLEY OF GUATEMALA -UVG-, which I
certify with the notarial certificate which contains my appointment, authorised in this city the 29th of
May of 2014 by notary public Irma Yolanda Ruiz Tinti.
All of the interested parties mentioned above consider that the certifications presented are enough for
the signing of the present Agreement and we claim to be in free exercise of our civil rights, to be who
we say we are and we disclose that we celebrate the present TECHNICAL COOPERATION
AGREEMENT FOR THE FORMATION OF THE INTERINSTITUTIONAL GROUP FOR FOREST AND
LAND USE MONITORING, in accordance with the following stipulations:

FIRST: LEGAL BASE. The present agreement is supported by what is established in Articles 2, 4, 22,
27 section c) and f), 29 section a) and 29 of the Law of the Executive Branch, Legal Decree 114-97 of
the Congress of the Republic; Articles 5 and 6 of the National Forestry Law, Legal Decree 101-96;
Articles 59 , 70 and 72 of the National Law of Protected Areas, Legal Decree 4-89; as well as
Gubernatorial Agreement No. 338-2010 of the Organic Internal Regulation of MAGA; Gubernatorial
Agreement 50-2015 of the Organic Internal Regulation of MARN. And what is established in Article 20
of the National Law for the Regulation of the Reduction of Vulnerability, the Obligatory Adaptation to
the Effects of Climate Change, and the Mitigation of Greenhouse Gases, Legal Decree 7-2013 of the
Congress of the Republic.

SECOND: GENERAL OBJECTIVES OF THE AGREEMENT. The general objectives of the present
Technical Cooperation Agreement are:

a) Make up the Interinstitutional Group for the Monitoring of Forests and Land Use, from now on
referred to as GIMBUT, which is composed of the signing institutions.
b) Establish a an institutional coordination and technical framework for the generation and
harmonisation of digital information of forest coverage and other land uses on a National level.
c) Strenghten the public institutionalization in an effort coordinated by private and academic
entities to improve the follow-up and evaluation of public policies regarding forests and land
use with a technical base.

THIRD: COMMITMENTS UNDERTAKEN BY GIMBUT. GIMBUT will have the following commitments:

a) Generate and systematize the information produced by the signing institutions, having to do
with the monitoring of forests and land use and other related subjects, within the framework of
each institution’s competencies and capacities, harmonising the information between the
institutions that form GIMBUT.
b) Maintain a framework of actions and technical contributions under an integral vision for the
generation of information that allows the realisation of projects of forestal and land use
monitoring, and its dynamics.
c) Support national actions and projects related to the National Strategy for the Reduction of
Emissions by Avoided Deforestation and Forest Degradation in Guatemala, within the
framework of each institution’s competencies and capacities.
d) Coordinate actions with other national and international entities related to the monitoring of
forests and land use, and other related subjects.

FOURTH: ORGANIZATION. The structure for the direction, administration and functioning of GIMBUT
is established as follows:

I. MANAGING BOARD: GIMBUT’s Managing Board, is composed of the higher administrative


authorities of the signing institutions, who in their absence can name someone to represent
them in front of the Board. The Board has the following functions:

a) Evaluate and approve work proposals by the Technical Groups, which are to be revised on
a bi-annual basis or whenever it is esteemed necessary, and shall be amended to
convenience.
b) Make joint efforts for the management of external financing (local or international) for the
development of actions, projects, and programs for the monitoring of forests and land use.
c) Know, evaluate and resolve all proposals concerning the addition of new members.
d) Represent GIMBUT before all local national or international entities.
e) Define the mechanisms for the projection or dissemination of GIMBUT’s results.
f) Create the Technical Groups considered necessary, depending on the work subjects
addressed within GIMBUT’s operational framework.
g) Define and approve all the consulting, product and process supervision mechanisms,
internal and external, established in the Technical Group’s work proposals.
h) The signing institutions will contribute all the existing human and technical resources,
according to their possibilities and legal competencies, as needed by the approved work
proposals.
i) Define the mechanisms for their appropriate operation and performance.
j) Know and resolve issues that may come up during technical or administrative processes,
ensuring the compliance of all commitments undertaken in the execution of programs and
projects.

II. REGISTRY. For coordination and follow-up purposes of all GIMBUT commitments, it shall have
a Registry, which will have the following duties:

a) Coordinate, facilitate and summon meetings.


b) Write down the minutes of the meetings and follow-up on all agreements.

III. TECHNICAL GROUPS. These technical groups shall be composed of an incumbent and a
substitute from all the signing parties, named by the higher administrative authorities.

The duties of referred Technical Groups are to develop the mutually agreed projects, and
generate the pertinent information in the relevant areas that will contribute to the proposed
objectives. The executed activities shall be in agreement with the operational work plans of
each of the signing institutions, according to their established technical, administrative and
financial capacities and availability.

FIFTH: INTELLECTUAL PROPERTY RIGHTS. All signing parties may use all the exchanged
information to generate joint products, except in those cases in which an institution establishes
restrictions for their use, publication of dissemination. If the use of exchanged information is permitted,
all copyrights must be properly credited. All the information generated by the signing public institutions,
shall be subject to compliance with the Law of Public Access to Information and other specific laws
that govern the institutions.

SIXTH: ACKNOWLEDGMENTS. Each of the signing institutions shall be acknowledged according to


the extent of their involvement in the products that are generated and published in any of the
applicable media outlets, according to guidelines approved by the Managing Board.

SEVENTH: INSTITUTIONAL AUTONOMY. All parts maintain their institutional, technical and
administrative autonomy, according to all constitutional and legal standards.

EIGHTH: CONTROVERSIES. Any difference of opinion derived from the interpretation, administration,
execution, and any effects that may be derived from the application of the present and all subsequent
agreements, shall be resolved by mutual agreement of the involved parties pursuing a compromise
solution.
NINTH: VALIDITY AND TIME PERIOD. The present agreement is valid for five (5) years, counting
from the date it was signed, and it can be extended via an addendum.

TENTH: MODIFICATIONS. All modifications or extensions to the present agreement that may be
eventually needed, are realizable by mutual agreement with all the signing parties and appropriately
registered via an addendum to the present agreement.

ELEVENTH: ADDITION OF NEW MEMBERS. The addition of a new member to GIMBUT, shall be
performed via request approved by the Managing Board. The approved request by the Managing
Board shall be a part of the present agreement.

To be integrated into GIMBUT, it is necessary that the interested party, via a higher authority, presents
a written request declaring the following: a) an interest and disposition to contribute to the processes
developed by GIMBUT; b) competence in the objectives proposed in this agreement; c) a list of the
specific contributions to be made for the scope of the present agreement. Technical skills and
capacities must be certified.

TWELFTH: TERMINATION. The present agreement may end when one of the following happens:

a) Due date.
b) By mutual agreement of all parties involved.
c) By force majeure or fortuitous events.

THIRTEENTH: TERMINATION OF ONE OF THE PARTS. Contractual relationship with one of the
signing institutions may be terminated when one of the following happens:

a) By a unilateral decision by one of the signing parties, notifying it to the Managing Board, in
order to know and resolve the request, 30 days before their definitive retirement.
b) Non-compliance by one of the parts. The managing board shall know and resolve.

FOURTEENTH: APPROVAL. In the stipulated terms and conditions, the signing institutions, in each of
our qualities, accept the contents of the present agreement, which is read in full; and knowing its
contents, objectives, validity and other legal effects, we ratify, accept and sign in six originals,
composed of three sheets of letter-sized bond paper, the first two of which are printed on both sides,
and the last one printed only in the front, with the logos of all the involved institutions.

Vous aimerez peut-être aussi