MEMORANDUM OF UNDERSTANDING ON ENERGY SECTOR
COOPERATION
BETWEEN
THE CO-OPERATIVE REPUBLIC OF GUYANA
AND
THE REPUBLIC OF
TRINIDAD AND TOBAGO
The Co-operative Republic of Guyana and the Republic of Trinidad and
Tobago (hereinafter referred to individually as “the Party” and collectively as
“the Parties”);
CONSIDERING the commitment of both governments to continue the
development of cooperation mechanisms to foster the creation of an
environment conducive to energy integration on the basis of the principles of
reciprocity, solidarity and respect for sovereignty;
RECOGNIZING that the development of the energy sector contributes
significantly to the strengthening of economic and social development while
improving the quality of life of the citizens of both Parties;
The Parties have reached the following understanding:
Article 1
Objective
This Memorandum of Understanding on Energy Cooperation (hereinafter
referred to as MOU) establishes the process through which the Parties agree to
work with each other in the development of the energy and energy related
sectors of the Parties with the aim of developing and promoting joint projects
throughout the hydrocarbon value chain in accordance with the provisions
hereof and without prejudice to their respective national legal systems.
Article 2
Areas of Cooperation
1. The Parties may cooperate in the following areas:
(a) technical assistance in the areas of exploration and production of
hydrocarbon resources;
(b) the exchange of information on public policies in the area of the
regulation, administration and sovereign management of
hydrocarbon resources and technology transfer;
(c) the exchange of information on government programmes
throughout the hydrocarbon value chain and related
experiences;
(d) the promotion of training and capacity building of technical
personnel and the development of energy technologies through,
inter alia, technical visits, secondments, seminars and
presentations;
(e) the promotion of cooperation and exchange of experiences
between state-owned petroleum enterprises for the development
of joint projects utilising mechanisms convenient to the Parties;
(f) the development of policies, plans and protocols relating to
health, safety and the environment and the establishment of
procedures to prevent and respond to operational accidents
which may result in damage, environmental impacts and
personal injury;
(g) the development of policies relating to local content;
(h) the identification and development of projects throughout the
hydrocarbon value chain;
(i) the identification of projects in the area of construction and
maintenance of plants and infrastructure related to
transportation, storage and supply of hydrocarbons and
derivatives;
(j) the exploration of possibilities for synergy through exchange
arrangements and other delivery mechanisms for hydrocarbons
and derivatives; and
(k) any other means of cooperation agreed to by the Parties in the
areas related to the objective of this agreement in accordance
with the national legal system of each country.
2. The Parties may enter into specific agreements for the development
and implementation of the activities described above.
Article 3
The Executing Committee
1. The Parties will designate the Ministers responsible for energy and
energy related industries who shall comprise the Executing Committee for the
implementation this MOU.
2. The Executing Committee will establish a Joint Working Group
comprising a maximum of ten (10) representatives, of which each of the Parties
will designate five (5) members respectively.
3. The Executing Committee will develop the guidelines and the policies of
the Joint Working Group.
4. The Parties will provide written notice of its representatives of the Joint
Working Group to the other Party within thirty (30) days from the entry into force
of this MOU.
Article 4
Joint Working Group
1. The Joint Working Group will identify and evaluate the feasibility of the
projects and activities in pursuance of the objective of this MOU, and will advise
on potential areas of cooperation between Guyana and Trinidad and Tobago in
accordance with guidelines set by the Executing Committee.
2. In the performance of its functions under this MOU, the Joint Working
Group will:
(a) establish Joint Technical Teams comprising of representatives
from the Parties and such other persons as either Party may
appoint;
(b) establish the Terms of Reference of the Joint Technical
Teams to advance the achievement of cooperation activities in
accordance with the objective of MOU;
(c) determine the priority and specific content of the activities to be
undertaken in fulfilment of the objective of this MOU;
(d) require the Joint Technical Teams to report to Joint Working
Group within three (3) months of their creation, unless otherwise
agreed;
(e) receive, consider and make recommendations in writing with
supporting documentation to the Executing Committee on the
matters referred for its determination and advice pursuant to
Article 2 of this MOU;
(f) invite other persons to attend meetings at the request of either
Party, as required; and
(g) report to the Executing Committee established herein within sixty
(60) days of the receipt of a written report from Joint Technical
Teams.
3. The Joint Working Group may request the services of experts from the
hydrocarbon industries of the Co-operative Republic of Guyana and the
Republic of Trinidad and Tobago to advise on matters to be addressed in the
process of implementation of this MOU.
Article 5
Expenses
1. Each Party will bear its own internal expenses related to any activity
carried out under this MOU in accordance with its respective budgetary
allocations.
2. The Executing Committee will mutually agree in advance to the
contracting of third parties and the distribution of costs related to any activity
undertaken under this MOU.
Article 6
Labour Relations
All personnel or representatives designated by a Party to participate in
cooperation activities under this MOU shall be deemed to be under the
direction and supervision of such Party and shall continue to be governed by
and subject to the terms and conditions of employment of that Party. There
shall not be any implied labour or contractual relationship between the
personnel or representatives of a Party and the other Party or between
personnel and representatives of the Parties.
Article 7
Confidentiality
1. Each Party accepts that all information provided directly or indirectly by
the other Party shall be treated as confidential information and shall be held
and protected in strict confidence, except as required by law and shall not be
further disclosed by the receiving Party without prior consent of the disclosing
Party.
2. The term “confidential information” does not include information that is or
comes within the public domain other than through the fault of either Party.
3. The confidential information disclosed by one Party shall remain the
property of that Party, who may request the return thereof at any time. Upon
receipt of such request, the other Party will promptly return to the disclosing
party all original confidential information disclosed hereunder and shall ensure
that all copies and reproductions thereof in its possession are destroyed.
4. The obligations contained in this Article will survive for a period of ten
(10) years after the termination of this MOU, unless otherwise agreed by the
Parties.
Article 8
Non-Exclusivity
This MOU does not provide any exclusivity or prohibit either Party from
entering into agreements or instruments of this type with third parties.
Article 9
Existing Arrangements
Unless the Parties agree otherwise, this MOU will not affect existing
arrangements of either Party or existing discussions between the Parties as at
the date of entry into force of this MOU.
Article 10
Dispute Resolution
Any dispute between the Parties arising from the interpretation,
application, implementation, or compliance with this MOU will be resolved
through negotiations by the Joint Working Group in the first instance or by the
Executing Committee. Where the dispute has not been resolved within the
ninety (90) working days, the dispute shall be resolved amicably between the
Parties through diplomatic means.
Article 11
Sovereignty
Nothing provided in this MOU will affect the rights of the Parties over
their respective archipelagic waters, territories, maritime zones and air space
under their sovereignty and jurisdiction and all natural resources in respect
thereof, in accordance with the national laws and regulations of the respective
Party and the applicable rules and principles of international law.
Article 12
Amendment
This MOU may be amended by written agreement between the Parties
through diplomatic channels.
Article 13
Non-Binding Nature
The Parties acknowledge that this MOU shall not constitute a legally binding
agreement between the Parties in any respect, nor is it intended to create rights
or provide remedies enforceable by either Party
Article 14
Entry into Force and Duration
1. This MOU will be applicable upon the signature of both Signatories
and shall remain in effect for a term of five (5) years, and will automatically be
renewed for other periods of five years each, unless both Signatories mutually
agree otherwise, or either of them terminates it as hereunder.
2. Either Party may notify the other Party at any time through diplomatic
channels of its intention to terminate this MOU. Termination shall be effective
six (6) months after the date of the receipt of the notification.
3. The termination of this MOU shall not affect the development of
programmes and projects agreed to by the Parties as at the date of termination,
the implementation of which shall continue unless otherwise agreed by the
Parties.
Signed in the city of Georgetown on the 19th day of September, 2018 in
duplicate.
FOR THE GOVERNMENT OF
CO-OPERATIVE
REPUBLIC OF GUYANA
FOR THE GOVERNMENT OF THE
REPUBLIC OF TRINIDAD AND
TOBAGO
