TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-918.1 

________________________________________________________________________ 

ECONOMIC ASSISTANCE 

Americas Fund and 

Administering Board 

 Protocol Between the 

UNITED STATES OF AMERICA 

and PERU 

Amending the Agreement of 

December 24, 1997 

Signed at Washington September 18, 2008 
 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.” 
 PERU 

 Economic Assistance: Americas Fund and 

 Administering Board 

 Protocol amending the agreement 

 of December 24, 1997. 

 Signed at Washington September 18, 2008; 

 Entered into force September 18, 2008. 
PROTOCOL

BETWEEN

THE GOVERNMENT OF THE

UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE

REPUBLIC OF PERU

AMENDING

THE AGREEMENT CONCERNING THE ESTABLISHMENT OF

AN AMERICAS FUND AND ADMINISTERING BOARD

The Government of the United States of America and the Government of the

Republic of Peru ("the Parties"),

Recalling the Agreement between the Government of the United States of America

and the Government of the Republic of Peru Concerning the Establishment of an

Americas Fund and Administering Board (the "Americas Framework Agreement",

done in Lima, December 24, 1997;

Taking note of the Agreement between the Government of the United States of

America and the Government of the Republic of Peru Concerning the

Establishment of a Tropical Forest Fund and the Administering Board (the

"Tropical Forest Agreement"), signed this date;

Desiring to amend the Americas Framework Agreement to conform with the

Tropical Forest Agreement, which provides for utilization of the Americas Board

established under the Americas Framework Agreement;

Have agreed to amend the Americas Framework Agreement as follows:
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Preamble

The word "and" shall be inserted at the end of the last recital in the Preamble,

followed by the insertion of this new paragraph:

"Wishing to further the Agreement between the Government of the United States

of America and the Government of the Republic of Peru concerning the

Establishment of a Tropical Forest Conservation Fund and the Operation of a

Tropical Forest Conservation Board, signed at Washington September 18, 2008

(the "Tropical Forest Agreement")"

Article II

At the end of paragraph 2 insert: "Within six months of the signing of the

Tropical Forest Agreement, the Government of Peru shall establish, in accordance

with its own laws, two sub-accounts of the Fund, which shall not be co-mingled.

The first account, the "Americas Account" shall be used for implementation of the

Americas Framework Agreement including grants made under Article V. The

second account, the "Tropical Forest Account," shall be used for implementation

of the Tropical Forest Agreement and shall be constituted of the Tropical Forest

Conservation Fund established pursuant to Article II.1 of the Tropical Forest

Agreement."

Paragraphs 3-7: Change any reference to "Fund" to "Americas Account".

Article III

Paragraph 1: "Americas Board" shall be deleted and replaced with "Americas

and Tropical Forest Board".

Paragraph 2: In the first sentence, "eight" shall be deleted and replaced with

"ten" before "members".

Paragraph 2B: Delete and replace with "three representatives appointed by the

Government of the Republic of Peru, one each from the Economy and Finance

Ministry, the Environment Ministry, and the Agricultural Ministry."

Paragraph 2C: Delete "five" and replace with "four".

Paragraph 2C: Delete the final clause in the final sentence: "and shall constitute

a majority of the Board".
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Insert new paragraph 2D: "Two representatives of a broad range of nongovernmental forest-related interests within Peru, selected in accordance with

Article III.2 and 111.3 of the Tropical Forest Agreement."

Insert at the end of paragraph 3: "The representatives appointed pursuant to

Article III.2(C) and (D) shall constitute a majority of the members of the Board. In

selecting such representatives, Parties shall be mindful of Article 111.4 of the

Tropical Forest Agreement and the need to have a majority of members appointed

under Article III.2(C) and (D) for decisions with respect to the administration of

the Tropical Forest Account."

Article IV

Delete paragraph 7 and replace with: "The Board may draw sums from the

Americas Account necessary to pay for the Board's administrative expenses,

including technical assistance, expenses and fiscal audits. Board members

appointed under Article III.2(C). may be compensated only for travel expenses and

reasonable per diem. Annual administrative expenses may not exceed a ceiling to

be agreed between the Parties. To the extent that administrative expenses relate to

the shared operation of both the Tropical Forest Account and the Americas

Account, the Board shall determine an appropriate proportional rate to draw from

each account to pay for such administrative expenses."

Article V

Paragraph 1: Change "Americas Fund" to "Americas Account".

Paragraphs 2 and 4: Change "Fund" to "Americas Account".

Insert new paragraph 3 as follows and renumber paragraph "3" to "4" and

"4" to "5": "No grants shall be provided to any entity listed by the Government of

Peru, the U.S. Government (Office of Foreign Assets Control), or the United

Nations as a terrorist, narcotics trafficker or other specially-designated national.

Further, no grants shall be provided to those associated with such entities, as

determined by the Parties representatives on the Board."

Article VI 

Paragraph 1: Change "Fund" to "Americas Account".
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Article VII

Paragraph 2, last sentence: Delete "Vice Minister of Economy" and replace with

"Vice Minister of Finance".

Article VIII 

Paragraph 5: Change "Fund" to "Americas Account".

Article IX

Paragraphs 2 and 3: Change "Fund" to "Americas Account".

IN WITNESS WHEREOF the undersigned, being duly authorized by their

respective Governments, have signed this Protocol.

DONE at Washington this eighteenth day of September 2008, in duplicate in the

English language.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE

UNITED STATES OF AMERICA: REPUBLIC OF PERU:

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