APHIS Agreement No. 19-97XX-XXXX-MU

(Agreements Team will add the MOU number upon review)

Instructions (delete upon drafting): Verbiage in red/highlighted font should be completed in drafting.

MEMORANDUM OF UNDERSTANDING

BETWEEN

Insert Official Facility Name / Official Facility Owner (COOPERATOR)

AND THE

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)

VETERINARY SERVICES (VS)

ARTICLE 1 – PURPOSE

The purpose of this MOU is to specify the responsibilities of each party in regards to the 

importation of equines that remain under federal Contagious Equine Metritis (CEM) restrictions, 

while they compete in an authorized special event, until the equines are subsequently re-exported 

from the United States or transferred to an approved state CEM quarantine facility. This MOU is 

only valid for equines participating in Event Name to be held in CEM Isolation Facility 

Name/ID, located at Physical Address (Street, City, State, Zip Code) for the time period 

extending from Month day, year to Month day, year.

This MOU is entered into between Official Facility Name / Official Facility Operator and Title

hereinafter referred to as the Cooperator, and the United States Department of Agriculture

(USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS), 

hereinafter referred to as APHIS/VS, with respect to CEM Isolation Facility Name/ID at Physical 

Address (Street, City, State, Zip Code). 

Though this MOU, APHIS/VS conditionally approves the CEM Isolation Facility Name/ID at 

Physical Address (Street, City, State, Zip Code), to be used as a temporary CEM isolation 

facility from Month day, year through Month day, year, provided the facility meets the 

requirements for USDA approval and the Cooperator continues to meet all responsibilities and 

other criteria listed in Articles 2, 4, 6 and 7 below. The Cooperator also acknowledges that 

APHIS/VS will, on an as-needed basis, conduct any site inspections, perform laboratory 

procedures, complete animal examinations, and/or otherwise supervise the isolation, care and/or

handling of equidae, to ensure that the Cooperator and its delegates are meeting the Agency’s

requirements, in order to remain in compliance with this MOU.

It is the intention of the two parties that such cooperation shall be for their mutual benefit and the 

benefit of the people of the United States.

ARTICLE 2 – BACKGROUND

The Cooperator has submitted an application seeking APHIS/VS’ approval of a temporary CEM 

isolation facility to take place at Physical Address (Street, City, State, Zip Code) for the Event 

Name occurring between Month day, year to Month day, year. This temporary CEM isolation is 

being established so that equines originating from countries affected with Contagious Equine 
APHIS Agreement No. 19-97XX-XXXX-MU

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Metritis (CEM), a sexually transmitted disease, may compete in the Event Name with minimal risk 

of CEM becoming established and/or transmitted to equines residing within the United States, or 

approved to enter the United States without further restrictions following the aforementioned 

event. At the signing of this MOU, APHIS/VS is providing a conditional waiver to authorize

equines from countries affected by CEM, to be stabled and isolated in the approved CEM isolation 

facility that has been inspected by APHIS/VS, and found to meet all current regulatory 

requirements. The approved facility was inspected on Month day, year and determined to have

sufficient mitigations in place to reduce the risk of CEM becoming established in the United States 

and/or transmitted within, or out of, the facility.

 

APHIS/VS personnel responsible for APHIS operations in the area, have reviewed the application 

and determined that sufficient APHIS/VS resources will be available, or may be detailed into the 

location, to provide adequate oversight of the proposed facility during the specified event and time 

period. APHIS/VS has also determined that the facility design sufficiently meets the requirements 

of the United States, Title 9 Code of Federal Regulations (9 CFR) 93.301-93.313 and APHIS/VS 

Memorandum 591.59.

ARTICLE 3 – AUTHORITIES

Under the Farm Security and Rural Investment Act of 2002, PL 107-171, Subtitle E, Animal 

Health Protection, Section 10401-10418, the Secretary of Agriculture, in order to protect the 

agriculture, environment, economy, and health and welfare of the people of the United States by 

preventing, detecting, controlling, and eradicating diseases and pests of animals, is authorized to 

cooperate with foreign countries, States, and other jurisdictions, or other persons, to prevent and 

eliminate burdens on interstate commerce and foreign commerce, and to regulate effectively 

interstate commerce and foreign commerce.

APHIS/VS is authorized pursuant to the Animal Health Protection Act (7 U.S.C. 8301 et seq.) to 

regulate the general introduction, importation and/or entry of livestock, avians, and various other 

species of animals into the United States, in order to prevent the introduction of animal and poultry 

livestock diseases in the United States (9 CFR Parts 91, 93.301-93.325, and 130).

ARTICLE 4 – COOPERATOR RESPONSIBILITIES

The Cooperator agrees to/that:

1. Designate Mr./Ms./Dr.--Insert full name as its authorized representative who shall be 

responsible for collaboratively administering the activities conducted under this MOU.

2. Operate the temporary CEM isolation facility in accordance with all Federal Laws and 

regulations, including 9 CFR 93.301 through 93.313 and APHIS/VS Memorandum No. 

591.59, dated January 7, 2003.

3. Maintain the facility in good repair following the initial APHIS/VS inspection, until released 

from the requirements of this MOU.
APHIS Agreement No. 19-97XX-XXXX-MU

(Agreements Team will add the MOU number upon review)

4. Maintain a security perimeter that can be locked and encompasses the entire isolation facility. 

The perimeter must be of sufficient height (8 feet or more) and design, as determined by 

APHIS/VS to prevent the unpermitted entry of people and animals from outside the facility, in 

addition to preventing the escape and/or unauthorized removal of equines still under CEM 

restrictions. The security perimeter must be kept locked and secure at all times, except when

bonded security is posted at the pre-approved entry/exit point. If a distinct security perimeter 

is not possible, equines will be sealed by APHIS/VS into individually approved stalls. In the 

event that the security perimeter or individual stalls are breeched, or otherwise found to be 

inadequate, the Cooperator must provide corrective actions, including proposed modifications 

to ensure adherence to APHIS/VS requirements.

5. Ensure equines segregated within the facility are kept biologically separate, and to prevent the 

spread of disease to other equines stabled nearby or within the facility, by controlling surface 

drainage and the flow of effluence into, within, and/or from the facility.

6. Provide stalls that can be cleaned and disinfected and are of structurally sound and sturdy 

design to safely contain equines. The individual stalls may be permanent or temporary, must

be securable to prevent unauthorized entry or escape, and need to be within the security 

perimeter that delineates the CEM isolation facility. If a self-contained building is used, it 

must be lockable, and access to equine holding areas (such as stalls, pens, etc.) must be from 

within the building only.

7. Ensure the isolation area is clearly identified by posted signs at all entrances, which 

clearly identifies the prohibited entry of unauthorized personnel. An inventory of all 

equines in isolation, and a log of authorized personnel must be maintained by the

operator.

8. Ensure equines under isolation restrictions, if removed from their designated stall are 

monitored at all times. Direct supervision and monitoring may be performed by any 

APHIS/VS employee, an approved USDA level II accredited veterinarian, or a team of 

technicians/assistants under the direct authority and supervision of the accredited 

veterinarian.

9. Permit APHIS/VS unfettered and unobstructed access to the designated facility and 

associated event grounds before and during the event. If required, the Cooperator must 

also provide any necessary security clearance or access credentials. The event grounds 

encompasses all areas where the restricted equines will be competing, exercised, walked, 

rested, and/or stabled. While the memorandum of understanding is in effect, APHIS/VS 

will perform random inspections of the facility and associated event grounds, to ensure 

compliance with the requirements established herein.

10. Ensure, at the expense of the Cooperator, that the facility is maintained under continuous

24-hour security measures. Contin u ous security measures may be provided through

the placement of official seals and/or locks on all entrances/exits, by positing a bonded 

security service answerable to APHIS, or by other methods deemed acceptable after 

review by APHIS/VS.

11. Immediately report any breaks or suspected breaks in security to the designated APHIS/VS 

representative.

12. Ensure only approved equines are held together in the CEM isolation facility. All equines held 

within the facility must have visible identification, such as colored halter stickers/tags, to 

facilitate application of appropriate monitoring/movement restrictions while inside and/or 
APHIS Agreement No. 19-97XX-XXXX-MU

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outside of the facility. The accredited veterinarian, or Cooperator may implement their own 

tracking protocol, which must be approved by APHIS/VS. 

13. Completely clean and disinfect the facility after each use, and prior to each new approval for a 

different lot of equines. If the facility is temporary in construction, it must be cleaned and 

disinfected prior to disassembly, with additional cleaning and disinfection conducted postdisassembly as necessary. Cleaning and disinfection will be completed under direct 

APHIS/VS oversight.

14. Provide and use a separate isolation area, with stalls available for equines exhibiting signs of 

illness.

15. Provide adequate storage within the facility for supplies and equipment needed for the 

isolation, with separate secure storage for pesticides, medical, and/or other biological supplies

if they are held on-site.

16. Provide sufficient feed and bedding for the equines, maintain adequate feed and watering 

equipment for all animals, and store feed and bedding in a separate area to prevent 

contamination. Feed and bedding must be vermin-proof, fresh, and unspoiled. Feed and 

bedding must not originate from a region affected with fever ticks, as identified in 9 CFR 72, 

or otherwise further amended by APHIS.

17. Ensure the facility contains and uses designated work areas for repairing and/or cleaning and 

disinfecting equipment within the isolation area.

18. Ensure all floors and walls that have contact with equines and their excrement, or discharges,

are resistant to moisture, and able to withstand repeated cleaning and disinfecting without 

deteriorating. Floor and wall surfaces must be free of sharp edges that could injure equines. 

Flooring must be skid resistant and provide adequate drainage.

19. Provide stalls of sufficient size to allow each animal to make normal postural adjustments and 

provide adequate freedom of movement.

20. Maintain aisles for moving equines, which are wide enough to prevent equines in facing stalls 

from physically contacting equines in access aisles, and allow safe movement, including 

adequate space for equines to turn around.

21. Provide adequate lighting throughout the facility to visually inspect equines.

22. In the event an equine dies or must be euthanized while in isolation, the owner/operator of the 

facility must make arrangements for the proper disposal of the carcass (incineration, autodigestion, burial, etc.). The owner/operator may elect to have the equine sent to a state or 

national veterinary diagnostic laboratory for the necropsy. For off-site necropsy arrangements, 

the Cooperator is responsible for the costs, monitoring, and logistical arrangements, associated 

with the bio-secure movement of the carcass, after obtaining permission from the designated 

APHIS/VS representative(s). The Cooperator is also responsible for the costs, and logistical

arrangements, associated with APHIS/VS oversight of the necropsy, and eventual disposal, at 

the destination facility.

23. Use equipment and supplies to adequately maintain the facility in a clean and sanitary 

condition, including the control of pests. There must be a stock of disinfectant authorized in 9 

CFR 71.10 (or otherwise authorized by APHIS/VS) sufficient to disinfect the entire facility.

24. Ensure the facility has an adequate supply of potable water for all watering and cleaning needs; 

an emergency supply of potable water must be maintained or readily available.

25. Ensure the facility appropriately disposes of waste (including manure, urine, and bedding). 

Waste may be disposed of as domestic waste, and the facility must handle waste materials 

adequately to minimize spoilage and attracting pests.
APHIS Agreement No. 19-97XX-XXXX-MU

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26. Provide a telephone number that APHIS/VS can use for contact at any time.

27. Provide adequate personnel to maintain the facility and provide for proper care and feeding of 

the equines.

28. Maintain and provide APHIS/VS with an updated list of all individuals granted access to the 

facility, prior to the arrival of the equine(s). While the facility is operational, it must maintain 

a visitor’s log documenting the name, time in/out, and reason that individuals were in the 

facility. The Facility Operator, or their designee(s), may only grant access to the facility to 

APHIS/VS representatives and others specifically authorized to enter, or work at the facility.

29. Dedicate equipment to the isolation facility or to a specific area within the facility. All 

equipment in the facility must be cleaned and disinfected before use, and prior to removal from 

the facility.

30. Ensure all vehicles conveying equines under CEM isolation restrictions are cleaned and 

disinfected before leaving the area.

31. Immediately report any suspected illness or death of isolated equine to APHIS/VS and notify 

APHIS/VS as soon as possible regarding any other emergency.

32. Keep all records related to the CEM isolation for at least three (3) years after the release of the 

animals and make these records available to APHIS/VS upon request.

33. Suspend (and/or discharge, as applicable) access to any individual determined by APHIS/VS 

under Article 5, Section 9 to merit suspension or discharge.

34. Directly apply, or remind the importer of record for the equine to apply, for an import permit 

no less than 7 - 10 days before the proposed date of entry of the equine into the isolation

facility. The import permit will not be issued unless the facility has been inspected and 

determined to meet the requirements of this MOU. Applications must be submitted 

electronically via ePermit at https://epermits.aphis.usda.gov/epermits or via email to APHIS, 

Veterinary Services Port Office Name and Email Address. APHIS/VS is not responsible for 

ensuring duplicate permits are not filed by the Cooperator, and importer of record, resulting in 

the forfeiture of the permitting user fees.

35. Submit to APHIS/VS, at least by Month Day, Year, a tentative list of times and dates of all 

importations scheduled for the Event Name. 

36. Submit to APHIS/VS, no later than Month Day, Year, a list of the times and dates of all exports 

scheduled out of Event Location (Street, City, State, Zip Code). Have all export certificates 

prepared, signed by accredited veterinarians, and delivered to APHIS/VS for endorsement. 

Certificates must be ready for APHIS/VS review and signature no later than 48 hours prior to 

export.

37. Ensure that international equines are stabled and inspected as required by the country of origin

or destination CEM facility, thereby ensuring the prompt re-export to the country of origin, or 

immediate transfer to a state approved CEM quarantine facility.

38. Establish a User Fee Credit Account with APHIS/VS for the Event Name to be held in CEM 

Isolation Facility Name/ID. User fees for any services rendered by APHIS/VS will be 

calculated at the user fee rate listed in 9 CFR Part 130. The Cooperator is liable for payment 

of these fees in accordance with 9 CFR 130.50 and 130.51 (User Fee Credit Account, money 

order, or credit card). Upon receipt of the monthly statement from APHIS/VS the Cooperator

will send payment to defray all costs incurred by APHIS/VS in providing services.

ARTICLE 5 –APHIS/VS RESPONSIBILITIES
APHIS Agreement No. 19-97XX-XXXX-MU

(Agreements Team will add the MOU number upon review)

APHIS/VS agrees to:

1. Designate Mr./Ms./Dr.--Insert full name as its Authorized Departmental Officer’s Designated

Representative who shall be responsible for collaboratively administering the activities

conducted under this MOU.

2. Furnish the services of technical and/or professional personnel needed to conduct inspections, 

perform laboratory procedures, complete examinations, and supervise the isolation, care 

and/or handling of equines at the facility until termination of this MOU.

3. Issue import permits within 5-7 business days (7-10 calendar days) after completed 

applications have been received and all requirements are met.

4. Physically monitor all CEM isolation operations. This includes, but is not limited to,

inspecting and identifying arriving equines, reviewing accompanying import documentation, 

and if determined as necessary, obtaining any diagnostic samples. 

5. Verify the operator has cleaned and disinfected the affected area(s) adequately to ensure 

compliance with isolation guidelines. In the case of permanent facilities, direct APHIS/VS 

supervision of cleaning and disinfection is not required, if the operator has demonstrated how 

the procedures will be carried out and APHIS/VS has verified strict adherence to those 

procedures. 

6. Place seals on entrances or exits as a safeguard, in the event of any security or biosecurity 

breaches, of which APHIS/VS becomes aware, and the corrective action or preventative 

measures provided by the facility are deemed unacceptable by APHIS/VS. [Note: If anyone 

other than an APHIS/VS representative breaks the seals, the Cooperator must notify 

APHIS/VS immediately. An APHIS/VS representative must then immediately account for all 

equines in the facility.]

7. Inform the Cooperator when a diagnosis of disease of concern has been made in the facility. 

If a communicable disease is diagnosed in the isolated equines, APHIS/VS may require 

additional security measures, to ensure the security of the facility.

8. Review log books and operating procedures on an as-needed basis to verify compliance with 

the provisions of this MOU.

9. Notify, in writing, the Cooperator of any designated individual which APHIS/VS believes 

should be suspended or discharged from the isolation facility and the basis for such action.

10. Provide the services of APHIS/VS technical and/or professional personnel needed to carry 

out all activities related to the export of importer equines, or subsequent transfer to a state 

approved CEM quarantine facility (e.g. export health certificate endorsement, pre-export 

inspection, sealing of trailers, and review of associated documentation).

11. Provide the Cooperator with a consolidated monthly billing statement that will summarize all 

APHIS/VS Form 81 “Statement of Services” charges incurred by the Cooperator. The 

monthly statement will also include all collections received during the month.

ARTICLE 6 – MUTUAL RESPONSIBILITIES

It is mutually understood and agreed:

1. The facility must be inspected by U.S. Department of Agriculture (USDA), Animal and Plant 

Health Inspection Service (APHIS), Veterinary Services (VS) personnel for compliance with 
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the standards contained in Part 93, Title 9, Code of Federal Regulations (CFR), and other 

applicable Federal laws and regulations.

2. The issuance of import permits is contingent upon APHIS/VS approval of the facility and 

APHIS/VS having resources available to supervise the isolation.

3. Equines may only enter the facility after completion of initial import quarantine requirements 

at a federal animal import center, or an authorized private permanent/temporary quarantine 

facility.

4. If tack and accompanying equipment is not traveling with the equines to an approved import 

quarantine (federal or private), it will be subjected to APHIS/VS inspection upon arrival at 

the port of entry, and subjected to any mitigation needed, as a precautionary measure against 

the introduction of Foot and Mouth Disease (FMD) or any other disease exotic to the United 

States.

5. The Facility Operator, or their designee, will provide equipment and personnel to clean and 

disinfect vehicles used to transport restricted equines to the approved isolation facility, in 

addition to the stalls/barns used to stable the equines at the facility. The cleaning and 

disinfection of vehicles must be completed under the supervision of APHIS/VS, using an 

approved disinfectant before the vehicle is moved from the place where the equines are 

unloaded. Cleaning and disinfection of equipment, supplies, and stalls, will be done under 

supervision of APHIS/VS personnel.

6. A list of equines to be isolated at the facility must be furnished to APHIS/VS prior to the 

event. The list should include identifying information (age, color, sex, RFID, etc.), the 

country of origin, and date(s) of arrival/departure for each of the equines to be isolated.

7. Equines must be uniquely identified, as needed, to ensure that only those equines listed 

together on the import permit, or otherwise authorized by APHIS/VS, are held inside the 

approved facility and are appropriately monitored when outside of their designated stall for 

competition, exercise, or any other reason.

8. While in isolation, equines must be inspected at least daily by an APHIS/VS representative. 

APHIS/VS will conduct frequent, unannounced spot checks at the facility to ensure the 

requirements of 9 CFR 93.301 are being met.

9. Except when competing or being exercised, equines must be kept in individual stalls that are 

separated from other stalls containing equines. This separation may be maintained by

employing an empty stall, an open area across which equines cannot touch each other, or by 

a solid wall that is at least 8 feet high. If turn-out areas or walkers are used, equines must be 

confined so that they cannot touch each other.

10. Equines may only be removed from their approved stabling arrangement, for exercise or 

competition, under the direct supervision of an APHIS/VS representative, an authorized

USDA level II accredited veterinarian, or a team of technicians/assistants under the direct 

authority and supervision of the authorized accredited veterinarian. Exercise or 

competition may only be completed at a pre-determined/approved location(s), and the 

Cooperator must provide a schedule of any planned exercise or competition, to APHIS/VS.

11. An entry/exit log must be maintained at the isolation facility noting the time in, time out, 

reason for removal, and the name of the authorized individual supervising the equines.

12. While in transit, whether before or after the event, equines must be moved in a sealed vehicle 

or under direct supervision of APHIS/VS. Upon arrival at the approved destination (CEM 

isolation facility, CEM quarantine, port of embarkation, etc.) the vehicle seals must be broken 
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by APHIS/VS personnel, or an approved State Animal Health Official, except in lifethreatening emergencies.

13. At the completion of the competition, all isolated equines must travel directly to the port of 

embarkation for re-exportation, or be shipped to an approved State CEM quarantine facility, 

as indicated on their import permit. 

14. No equines may be bred during quarantine and the collection of germplasm during quarantine 

is prohibited.

15. If any equines must be treated for an injury or illness, APHIS/VS personnel must be notified 

of the proposed treatment plan. Isolated equines requiring specialized medical attention may 

be moved under seal to an approved clinical facility. The Facility Operator, or their designee,

must make provisions for the emergency transport of the equine, and is responsible for all 

associated costs and subsequent monitoring.

16. The number of equines isolated at the facility will not exceed the maximum capacity of #

equines. The quarantine facility currently has # bays, of # stalls each. When emergencies 

such as power outages or natural disasters occur, isolated animals may not be removed from 

the facility during an isolation period unless specifically approved by APHIS/VS.

ARTICLE 7 – STATEMENT OF NO FINANCIAL OBLIGATION

Signature of this MOU does not constitute a financial obligation on the part of APHIS. Each 

signatory party is to use and manage its own funds in carrying out the purpose of this MOU. 

Transfers of funds or items of value are not authorized under this MOU. 

ARTICLE 8 – LIMITATIONS OF COMMITMENT

This MOU and any continuation thereof shall be contingent upon the availability of funds 

appropriated by the Congress of the United States. It is understood and agreed that any monies 

allocated for purposes covered by this MOU shall be expended in accordance with its terms and 

the manner prescribed by the fiscal regulations and/or administrative policies of the party making 

the funds available. If fiscal resources are to transfer, a separate agreement must be developed by 

the parties.

ARTICLE 9 – CONGRESSIONAL RESTRICTION

Under 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part 

of this MOU or to any benefit to arise there from; but this provision shall not be construed to 

extend to this MOU if made with a corporation of its general benefit.

ARTICLE 10 – NON-DISCRIMINATION CLAUSE

The United States Department of Agriculture prohibits discrimination in all its programs and 

activities on the basis of race, color, national origin, age, disability, and where applicable, sex, 
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marital status, familial status, parental status, religion, sexual orientation, genetic information, 

political beliefs, reprisal, or because all or a part of an individual’s income is derived from any 

public assistance program. Not all prohibited bases apply to all programs.

ARTICLE 11 – LIABILITIES

APHIS assumes no liability for any actions or activities conducted under this MOU except to the 

extent the recourse or remedies are provided by Congress under the Federal Tort Claims Act (28 

U.S.C. 1346(b), 2401(b), 2671-2680). 

ARTICLE 12 – LAWS, RULES, AND REGULATIONS

All activities will be conducted in accordance with applicable Federal statutes, rules and 

regulations.

ARTICLE 13 – AMENDMENTS

This MOU may be amended at any time by agreement of the parties in writing.

ARTICLE 14 – TERMINATION

This MOU may be terminated at any time by mutual agreement of the parties in writing, or by 

either party with thirty (30) days notice in writing to the other party.

ARTICLE 15 – EFFECTIVE DATE AND DURATION

OPTION 1:

This MOU will become effective upon date of final signature and will continue in effect for five 

years.

OPTION 2:

This MOU will become effective upon date of final signature and will continue in effect through 

(insert month, day, and year--ending date must not exceed 5 years from date of final signature).

A new MOU will need to be filed at or prior to the expiration of the previous MOU. 

Insert Cooperator’s Organizational Name

___________________________________________ ________________________

Facility Owner/Corporate Officer's Signature Date
APHIS Agreement No. 19-97XX-XXXX-MU

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___________________________________________ 

Please Print Name 

___________________________________________ ________________________

Facility Owner/Corporate Officer's Official Title 

Name of Quarantine Facility:

Official Facility Name / Official Facility Operator and Title 

Physical Address (Street, City, State, Zip Code)

UNITED STATES DEPARTMENT OF AGRICULTURE

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

VETERINARY SERVICES

 

 

___________________________________________________________________

Port Services Director Date