TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13041 

________________________________________________________________________ 

AVIATION 

Cooperation

 Memorandum of Cooperation 

 Between the 

UNITED STATES OF AMERICA 

and GUATEMALA 

Signed at Washington and Guatemala May 26 

and June 11, 1999 

 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 GUATEMALA 

 Aviation: Cooperation 

Memorandum of cooperation signed at Washington 

 and Guatemala May 26 and June 11, 1999; 

Entered into force June 11, 1999. 
MEMORANDUM OF COOPERATION

NAT-I-9005

BETWEEN THE

FEDERAL AVIATION ADMINISTRATION

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

AND THE

DIRECCION GENERAL DE AERONAUTICA CIVIL

GUATEMALA

WHEREAS, the Federal Aviation Administration (FAA) of the Department of

Transportation of the United States of America and the Dirección General of Aeronáutica Civil

(DGAC) of Guatemala , have as a common purpose the promotion and development of technical

cooperation in civil aviation between the two countries, and;

WHEREAS, the Administrator of the FAA is authorized to develop, modify, test, and

evaluate systems, procedures, facilities and devices to meet the needs for safe and efficient

systems in civil aviation, and to enter into cooperative agreements to achieve this objective; and

WHEREAS, such cooperation will encourage the development of civil aeronautics and

safety of air commerce in the U.S. and abroad;

NOW THEREFORE, the FAA and the DGAC, collectively referred to herein as the

parties, agree to undertake joint programs in accordance with the following terms and conditions.

ARTICLE I—OBJECTIVE

A. This Memorandum of Cooperation (MOC) establishes the terms and conditions for

mutual cooperation in the promotion and development of civil aviation. For this purpose the

parties may, subject to the availability of appropriated funds and necessary resources, provide

personnel, resources, and related services to cooperate to the extent called for in the annexes and

appendices to this MOC.
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B. This objective may be achieved by cooperation in any of the following areas:

1. The exchange of information regarding programs and projects, research results

or publications.

2. The execution of joint analyses.

3. The coordination of research and development programs and projects, and

their execution based on shared effort.

4. The exchange of scientific and technical staff.

5. The exchange of specific equipment and systems for research activities and

compatibility studies.

6. The joint organization of symposia or conferences.

7. Reciprocal consultations with the aim of establishing concerted action in

appropriate international bodies.

ARTICLE II—IMPLEMENTATION

A. This MOC shall be implemented through technical annexes and appendices, which

shall form part of this MOC when mutually agreed by both parties.

B. Representatives from the FAA and the DGAC shall meet periodically to discuss

proposals for new cooperative activities. A joint review of the status of ongoing activities, which

are the subject of annexes and appendices to this MOC, shall be conducted at such intervals as

mutually agreed by the parties.

C. The designated offices for the coordination and management of this MOC and its

annexes and appendices, and where all requests for services under this MOC should be made,

are:

1. For the FAA:

Federal Aviation Administration

Office of International Aviation, AIA-200

800 Independence Ave., S.W.
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Washington, D.C. 20591

Telephone: 202-267-9775

Facsimile: 202-267-5032

2. For the DGAC:

Direccion General de Aeronáutica Civil

Aeropuerto International "La Aurora"

Zona 13

Guatemala City, Guatemala

Telephone: 011-502-332-0162

Facsimile:	011-502-331-4840

D. Technical program liaison for specific activities shall be established as indicated in

the annexes and appendices to this MOC.

ARTICLE III EXCHANGE OF PERSONNEL

The parties may exchange technical personnel as required. to pursue the activities

described in the annexes and appendices. All such exchanges shall be in accordance with the

terms and conditions set forth in those annexes and appendices and this MOC. Such personnel

shall perform work as mutually agreed by the parties in the annexes or appendices. Such

personnel may be from the FAA, the DGAC, or supporting Government agencies or contractors,

as mutually agreed.

ARTICLE IV—EOUIPMENT AND LOAN ARRANGEMENTS

Equipment may be loaned by one party to the other under the annexes or appendices to

this MOC. The following general provisions shall apply to all loans of equipment unless

otherwise specified in the annexes or appendices:

1. The borrower shall, at its own expense, transport any equipment to the borrower's

designated location and identify its value.
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2. The borrower shall assume custody and possession of said equipment upon its

delivery to the designated receiving point.

3. Upon completion of use or expiration or termination of the pertinent appendix,

annex or this MOC, the borrower shall return the equipment to the lender at the

borrower's expense. The equipment shall remain in the custody of the borrower

until returned to the lender's designated receiving point.

4. The borrower shall be responsible for installing the equipment at the borrower's

location.

5. The lender and borrower shall cooperate in securing any export licenses and other

documents required for the shipment of the equipment.

6. The lender shall assist the borrower in locating sources of supplies for common

items and parts peculiar which are not readily available to the borrower.

7. The borrower shall place and install equipment in accordance with the agreed

program plan, as shown in the annex or appendix.

8. During the period of the loan, the borrower shall operate and maintain equipment in

proper condition, ensure the continued operability of the equipment, and permit

inspection by the lender at any reasonable time.

9. In the event of loss or damage of any equipment loaned under this MOC and for

which the borrower assumed custody and possession, the borrower shall

compensate the lender for the value (as identified by the lender in paragraph 1 of

this Article) of the lost or damaged equipment.

10. Any equipment exchanged under this MOC shall be solely for research or

developmental purposes and shall not be used in any way whatsoever for active

civil aviation or other operational use.

11. Any transfers of technology, equipment or other items pursuant to this MOC shall

be subject to the applicable laws and policies of the parties.

ARTICLE V—FUNDING 
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A. Unless otherwise specified in the annexes or appendices to this MOC, each party shall

assume the cost of work to be done by it, in accordance with specific tasks identified in the

annexes and appendices.

B. MOC number NAT-I-9005 has been assigned by the FAA to identify this cooperative

program and shall be referenced in all correspondence related to this MOC.

ARTICLE VI—RIGHTS 

Except as required by applicable law, neither party shall release any information or

material pertinent to the tasks or related to the agreed program to third parties other than

contractors or subcontractors engaged in the program.

ARTICLE VII—LIABILITY

A. The FAA assumes no liability for any claim of loss arising out of advice or other

assistance provided or work performed by it under this Agreement, or arising out of any action or

decision by the DGAC, or its employees or contractors, in relation to such advice, assistance, or

work.

B. The DGAC, on behalf of the Government of Guatemala, agrees to defend any suit

brought against the Government of the United States, the FAA, or any instrumentality or officer

of the United States arising out of work performed under this MOC or its annexes and

appendices. The DGAC, on behalf of the Government of Guatemala, further agrees to hold the

United States, the FAA, or any instrumentality or officer of the United States harmless against

any claim by the Government of the Guatemala, or by any agency thereof, or by third persons for

personal injury, death, or property damage arising out of work performed under this MOC or its

annexes and appendices.
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ARTICLE VII—AMENDMENTS

This MOC or its annexes or appendices may be amended by mutual consent of the

parties. The details of any such amendment shall be memorialized by written agreement signed

by both parties.

ARTICLE IX—RESOLUTION OF DISAGREEMENTS

Any disagreement regarding the interpretation or application of this MOC or its annexes

and appendices shall be resolved by consultations between the parties and ball not be referred to

any international tribunal or third party for settlement.

ARTICLE X—ENTRY INTO FORCE AND TERMINATION

A. This MOC shall enter into force on the date of the last signature and shall remain in

force until terminated.

B. This MOC or its annexes or appendices may be terminated at any time by either party

by providing sixty (60) days notice in writing to the other party. Termination of this MOC shall

not affect existing obligations of the parties under Articles V, VI, VII, and IX. Each party shall

have one hundred and twenty (120) days to close out its activities following termination of this

MOC or its annexes or appendices. Termination of this MOC also shall terminate all annexes

and appendices subsequently concluded by the parties pursuant to this MOC.

ARTICLE XI—SIGNATURE IN COUNTERPARTS

To facilitate execution, this MOC or its annexes or appendices may be executed in as

many counterparts as may be required. It shall not be necessary that the signature of or on behalf

of each party appear on each counterpart, but it shall be sufficient that the signature of or on

behalf of each party appear on one or more of the counterparts. All counterparts shall

collectively constitute a single agreement.
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ARTICLE XII—AUTHORITY

The FAA and the DGAC agree to the provisions of this MOC as indicated by the

signature of their duly authorized representatives.

FEDERAL AVIATION ADMINISTRATION 	DIRECCION GENERAL DE

DEPARTMENT OF TRANSPORTATION	AERONAUTICA CIVIL

UNITED STATES OF AMERICA	GUATEMALA

BY:	

Joan W. Bauerlein 	BY: Lic. Peter Roland Zimeri Ubieto

TITLE: Director of International Aviation	TITLE: Director General

DATE: 26 May 1999	DATE:	11 June 1999