D R A F T

Memorandum of Cooperation

between

 The Secretariat of the Convention on Biological Diversity

and

The Inter-American Biodiversity Information Network.

(date), Montreal, Canada

Recalling paragraph 3 of Article 18 of the Convention on Biological Diversity that provides for the establishment of a Clearing-House Mechanism;

Recognizing that the Second Meeting of the Conference of the Parties to the Convention on Biological Diversity (held in Jakarta, Indonesia, in November1995) adopted Decision II/3 on a “Clearing-House Mechanism,” under which the clearing house mechanism should be developed, making full use of existing facilities, in close cooperation with relevant international organizations and entities as active partners, and by enhancing networking between existing national, regional, sub-regional and international centers of relevant expertise, as well as governmental and non-governmental institutions and the private sector;

Further recognizing in Decision II/3, the Executive Secretary is requested to encourage the development of a network of active partners, provide information on and facilitate access to these operating active partners, and support the active partners to develop specific training for the effective participation of users in the clearing-house network;

Noting that the Summit of the Americas on Sustainable Development (held in Santa Cruz, Bolivia, in December 1996) adopted article 31 wherein the countries “seek to establish an Inter-American Biodiversity Information Network, primarily through the Internet, that will promote compatible means of collection, communication, and exchange of information relevant to decision-making and education on biodiversity conservation, and that builds upon such initiatives as the Clearing-House Mechanism provided for in the United Nations Convention on Biological Diversity, the Man and the Biosphere Network (MABNET Americas) and the Biodiversity Conservation Information System (BCIS), an initiative of nine IUCN programs and partner organizations”;

Aware that the Executive Committee of the Inter-American Biodiversity Information Network seeks to cooperate with the Secretariat of the Convention on Biological Diversity in order to promote coordination and collaboration towards the goal of enhancing global access to biodiversity information;

Therefore the Secretariat of the Convention on Biological Diversity and the Executive Committee of the Inter-American Biodiversity Information Network, hereafter referred to as “the Parties,”

Have agreed as follows:

Article 1
Objective

The objective of this Memorandum is to establish a framework for collaboration between IABIN and the Clearing-House Mechanism of the Convention on Biological Diversity to stimulate the development and implementation of technologies, protocols and practices necessary in order to share knowledge relevant to biodiversity conservation. The activities undertaken through this MOC will promote the exchange of scientific and technical knowledge and augment the scientific and technical capabilities of the Parties in developing, accessing, analyzing, managing, and communicating biodiversity data and information.

Article 2
Responsibilities of the IABIN

The IABIN will:

2.1              Work collaboratively with the Clearing-House Mechanism on the development of  plans for the implementation of IABIN as a regional initiative supporting the objectives of the Clearing-House Mechanism;

2.2              Collaborate with the Secretariat to promote development of interoperability standards for exchange of data and technical information;

2.3              Work closely with the Secretariat in the elaboration, development and implementation of capacity-building initiatives pertaining to information and database management;

2.4              Participate, as appropriate, in workshops, working groups, and other activities organized by the Clearing-House Mechanism to address capacity-building, technical approaches, policy issues and other concerns of mutual interest to IABIN and the CHM.

2.5              Promote cooperative research, training activities, technical exchange of specialists and other opportunities for professional interaction among participants;

2.6              Facilitate the effective participation of the Secretariat in IABIN activities by inviting a representative to sit on the IABIN Executive Committee with full voting powers;

2.7              Facilitate, as appropriate, the effective participation of the Secretariat in the management of joint activities developed under this Memorandum of Cooperation;

Article 3
Responsibilities of the Secretariat

The Secretariat will:

3.1              Collaborate with IABIN in the development and implementation of technologies, protocols and practices necessary in order to share knowledge relevant to biodiversity conservation under the Clearing-House Mechanism;

3.2              Collaborate, as appropriate, with IABIN in the elaboration, development and implementation of programs pertaining to the promotion and use of biodiversity information and management tools;

3.3              Share with IABIN, within the limits of available resources, expertise pertaining to distributed interoperable networks and metadata;

3.4              Promote the awareness among the Parties of the CBD of IABIN by making information about IABIN activities, technical approaches, and information resources available through Secretariat communication channels;

3.5              Participate, as appropriate, through mutually agreed representation, in IABIN activities, particularly those of the IABIN Council and the IABIN Executive Committee;

3.6              Facilitate the participation of IABIN in CHM activities by inviting the participation of an IABIN representative in the Informal Advisory Committee to the Clearing-House Mechanism.

Article 4
Settlement of Disputes

Any dispute between the Secretariat and the IABIN arising out of the interpretation or execution of this Memorandum shall be settled by negotiation. If the Parties are unable to reach agreement, the dispute shall be settled through arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL) as at present in force.

Article 5
Execution

5.1              The execution of this Memorandum will be effected through annexure relating to specific activities agreed upon by the Parties.

5.2              Such annexure will form an integral part of this Memorandum.

Article 6
Entry into Force, Amendment and Termination

6.1              The present Memorandum will enter into force upon signature by the Executive Secretary of the Convention on Biological Diversity and the Chair of the IABIN Council.

6.2              Any amendment to this Memorandum will be effected only on the basis of written consent of the Secretariat and IABIN.

6.3              This Memorandum may be terminated by either Party giving six-months written notice.

6.4              The termination of this MOC shall not affect the validity or duration of the projects under this MOC that are initiated prior to such notification.

Article 7
Funding

Cooperative activities under this MOC shall be subject to the availability of funds and personnel.  The Parties shall establish the financial arrangements for each activity in writing before the commencement thereof.

Article 8
Disclaimer

Information transmitted by one Party to the other Party under this MOC shall be as accurate as possible, but the transmitting Party does not warrant the suitability of the information transmitted for any particular use or application by the receiving Party or by any third party.

Article 9
Other International Agreements

This MOC does not affect the rights and obligations of the Parties under other agreements.

Article 10
Planning and Review of Activities

The Parties shall designate representatives who, at times mutually agreed upon by the Parties, shall review the activities being carried out under this MOC.

Signed this _________ day of  __________ 2001,

For and on behalf of the                                   For and on behalf of the
Convention on Biological Diversity                   Inter-American Biodiversity Information
                                                                       Network

__________________________________  __________________________________
Hamdallah Zedan                                            Gladys Cotter
Executive Secretary                                         IABIN Council Chair