Guyana and Trinidad and Tobago this morning signed a Memorandum of Understanding (MoU) which will cater for the establishment of a high-level bilateral commission and would address areas such as non-tariff barriers and dispute settlement.
The MoU comes after months of sniping by government and private sector officials in both countries over economic relations and prospects in Guyana’s oil and gas sector.
The MoU follows:
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA
AND
THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO
ON RENEWED AND ENHANCED COOPERATION
The Government of the Co-operative Republic of Guyana and the Government of the Republic of Trinidad and Tobago (hereinafter referred to individually as “the Party” and collectively as “the Parties”);
RECALLING the close and cooperative relations that have long existed between their peoples and countries;
RECALLING that their two countries have concluded the Framework Agreement on the Deepening of Bilateral Cooperation; a Trade Protocol on Fresh Agricultural Produce and Forest Products; a Memorandum of Understanding concerning Cooperation in the area of Food Security; and a Memorandum of Understanding on Energy Sector Cooperation;
DESIROUS of strengthening the ties of friendship between the two countries through a renewed framework for collaboration and practical cooperation;
ACKNOWLEDGING the mutual benefits that can result from collaboration and cooperation in areas of mutual interest including the commercial, economic, technical and cultural sectors;
TAKING into account the goals and objectives of the Revised Treaty of Chaguaramas Establishing the Caribbean Community including the CARICOM Single Market and Economy;
CONVINCED that closer cooperation between the countries will advance the objective of regional integration within the Caribbean Community;
NOW AGREE AS FOLLOWS:
Section I
Objective
1. By this Memorandum of Understanding (MOU) on Renewed and Enhanced Cooperation the Parties agree to work with each other in the areas of trade and investment, agriculture and food security, security, energy, and infrastructure, and other areas as may be determined, with the aim of developing a strategic cooperation partnership for the mutual benefit of their respective countries and the wider Caribbean Community.
2. The Parties may enter into complementary cooperation agreements in specific areas of common interest.
Section II
Areas of Cooperation
The Parties agree to cooperate in a number of areas including:
a) Encouraging cooperation and joint action between enterprises in their respective countries;
b) Pursuing enhanced cooperation in agriculture and food security, security, energy, infrastructure, trade and investment, including addressing non-tariff barriers and other impediments to the flow of goods and services between them, and any other areas, as may be determined, to contribute towards sustainable and resilient development of the two countries, and to the advancement of the CARICOM Single Market and Economy;
c) Promoting cooperation in the areas of sports and culture, tourism, and the strengthening of educational exchange.
Section III
Financing
1. The implementation of the programmes arranged under this MOU will, where possible, be undertaken through any modality as agreed by the Parties.
2. For the implementation of the specific programmes that are adopted, the Parties may seek, once agreed jointly and when it is considered feasible, the participation of third-Party sources of funding for the execution of the joint programmes and projects.
Section IV
High Level Bilateral Commission
1. For the purpose of implementing the present MOU, a High-Level Bilateral Commission (hereinafter referred to as “the Commission”) will be established, which will meet alternately in the Co-operative Republic of Guyana and in the Republic of Trinidad and Tobago, or virtually, as may be determined between the Parties.
2. The Commission will be coordinated by the Ministries of Foreign Affairs of the two Parties and will include experts from both Parties and representatives of the public and private sector organisations concerned.
3. The first meeting of the Commission will take place within three (3) months of the entry into force of the present MOU and thereafter, the Commission will meet annually, or as otherwise agreed by the Parties.
4. The functions of the Commission will include:
a) Formulation of specific proposals for cooperation and collaboration between the two states in identified areas;
b) Supervision and execution of the present MOU;
c) Examination and approval of specific projects to be undertaken by the Parties;
d) Review of the progress of cooperation activities between the two countries and formulation of recommendations to the Parties on activities and projects that may be undertaken;
e) Any other function that may be mutually agreed by the Parties.
5. The Commission will determine its own rules of procedure.
Section V
Confidentiality
1. Each Party accepts that all information provided directly or indirectly by the other Party will be treated as confidential information and will be held and protected in strict confidence, except as required by law and will 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 will 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 will ensure that all copies and reproductions thereof in its procession are destroyed.
4. The obligations contained in this Section will survive for a period of ten (10) years after the termination of this MOU, unless otherwise agreed by the Party.
Section VI
Dispute Settlement6
Any difference or dispute arising with respect to the interpretation or application of this MOU will be resolved in good faith through diplomatic channels.
Section VII
Entry into Force
This MOU will enter into force on the date after the Parties notify each other through diplomatic channels of the fulfillment of domestic legal requirements in their respective countries for the MOU to enter into force.
Section VIII
Modification
This MOU may be modified by mutual consent of the Parties in writing and the modifications will take effect in accordance with the provisions of Section VII.
Section IX
Duration
This MOU will be effective for a period of five (5) years and automatically renewed for successive equal periods, unless one of the Parties notifies the other Party in writing of its intention not to renew the validity of the MOU, at least three (3) months before the date of expiration of the validity of the MOU.
Section X
Termination
1. This MOU may be terminated at any time by either Party informing the other of its intention to terminate this MOU and the termination will take effect three (3) months after the date of notification to the other Party.
2. Unless otherwise agreed, the termination of this MOU will not affect the implementation of the programmes and projects which are ongoing under this Memorandum or complementary agreements.
3. In the event of this MOU being terminated, each Party will be solely responsible for the payment of any expenses it has incurred pursuant to the termination.
Section XI
Legal Status
1. The foregoing represents the understanding reached between the Government of the Co-operative Republic of Guyana and the Government of the Republic of Trinidad and Tobago in the matters referred to in this MOU.
2. This MOU constitutes a statement of mutual undertakings by the Participants freely entered into in good faith. It does not create rights or obligations under International Law.
In witness whereof the undersigned, being duly authorised by their respective Governments, have signed this MOU.
Signed in the city of Georgetown on this..…. day of May, 2022 in duplicate.
FOR THE GOVERNMENT OF THE CO-OPERATIVE REPUBLIC OF GUYANA
FOR THE GOVERNMENT OF THE REPUBLIC OF TRINIDAD AND TOBAGO