Copyright 1997

InterAm Database

National Law Center for Inter-American Free Trade

April 29, 1994

MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF TRANSPORTATION OF THE UNITED STATES OF AMERICA AND THE SECRETARIA DE COMUNICACIONES Y TRANSPORTES OF THE UNITED MEXICAN STATES OF THE PLANNING PROCESS FOR THE LAND TRANSPORT ON EACH SIDE OF THE BORDER

The Department of Transportation of the United States of America and the Secretaria de Comunicaciones of Transportes of the United Mexican States, together hereinafter the "Parties,"

Considering the existing commercial relations between the two Parties which will continue to develop with the implementation of the North American Free Trade Agreement;

Recognizing the need for a well-coordinated transportation planning process along the border between their respective countries; and

Desiring to establish and implement procedures for coordination of border transportation planning;

Have agreed to the following:

ARTICLE I
PURPOSE

The Parties intend to cooperate on land transportation planning and to establish methods and procedures to analyze current and future highway transportation infrastructure needs to facilitate efficient, safe and economical crossborder transportation.

ARTICLE II
GOALS

The Parties agree:

1. To promote effective communication between the Parties and between the border states of both countries concerning land transportation planning;

2. To establish necessary coordination with respect to other border planning activities, as appropriate, including:

A. Existing planning processes and studies by Federal and state governments, including the United States-Mexico Bilateral Committee on Bridges and Border Crossings; and

B. Planning processes, studies, and initiatives that seek to identify broad transportation needs to accommodate current and future highway traffic volume between both Parties;

3. To coordinate with the United States-Mexico Bilateral Committee on Bridges and Border Crossings and other Federal and state agencies concerned with border crossing activities such as customs, immigration, foreign relations, agriculture, and law enforcement;

4. To develop and implement coordinated land transportation plans and programs between the two parties in two phases of action, short-range and long-range;

5. To evaluate transportation demand and infrastructure impacts resulting from future changes in land transportation traffic; to explore potential programs to facilitate technology transfer and personnel exchange and training; and to explore alternative funding mechanisms, including international and domestic sources, to complement the budget established in this Memorandum of Understanding.

6. To promote effective communication between the Parties concerning their respective national highway systems.

Article III
JOINT WORKING COMMITTEE

In accordance with Annex I of this Memorandum of Understanding, the Parties will establish a Joint Working Committee consisting of at least 20 members as follows:

1. Four representatives of the Department of Transportation;

2. One representative from each of the four border states of the United States;

3. One representative from the United States delegation to the United States-Mexico Bilateral Committee on Bridges and Border Crossings.

4. Four representatives of the Secretaria de Comunicaciones y Transportes;

5. One representative from the Mexican delegation to the Mexico-United States Bilateral Committee on bridges and Border Crossings; and

6. One representative from each of the six border states of Mexico.

One representative from the Department of transportation and one representative from the Secretaria de Comunicaciones y Transportes will serve as co-chairs for the Joint Working Committee. Other Federal and states transportation representatives may be included, as appropriate and as decided by the Parties, in the Joint Working Committee.

The participation of the representatives from the border states shall be governed by the constitutional precepts of their respective country.

ARTICLE IV
AUTHORITY OF JOINT WORKING COMMITTEE

The Joint Working Committee will Develop its own operating procedures.

Each Party may retain independently one or more consultants to develop border highway transportation plans and programs.

The Joint Working Committee shall not provide consensus advice on matters of national policy to the parties.

ARTICLE V
TRANSPORTATION PLAN AND PROGRAM

The Joint Working Committee will analyze, develop, and coordinate border transportation plans and programs reflecting the needs of both countries.

The U. S. Members of the Joint Working committee will be responsible for the U.S. portion of the Transportation Plan and Program and the Mexican members of the Joint Working Committee will be responsible for the Mexican portion of the Transportation Plan and Program.

ANNEX I
Composition of the Joint Working Committee

The Department of Transportation of the United States of America proposes:

1. To invite the states of California, Arizona, New Mexico, and Texas:

A. To designate one representative from each state to participate as a member of the Joint Working Committee;

B. To contribute funds for the U.S. portion of the Transportation Plan and
Program in relative proportion to their annual State Planning Research funds;
and

C. To designate one state to provide the administrative management of the project funding for the U.S. portion of the Transportation Plan and Program and to enter into an agreement, independent of the other Party, with the transportation planning consultant or consultants selected by the U.S. members of the Joint Working Committee;

2. To designate a maximum of four representative from the Department of Transportation to participate as members of the Joint Working Committee; and

3. To invite the Department of State to designate a representative from the United States delegation to the United States-Mexico Bilateral Committee on bridges and Border Crossings.

The Secretaria de Comunicaciones y Transportes of the United Mexican States purposes:

1. To invite one representative from each of the Mexican border states of Baja California, Sonora, Chihuahua, Coahuila, Nuevo Leon, and Tamaulipas:

A. To designate one representative from each state to participate as a member of the Joint Working Committee; and

B. To collaborate and facilitate the elaboration of the Transportation Plan and
Program;

2. To designate a maximum of four representatives from the Secretaria de
Comunicaciones y Transportes to participate as members of the Joint Working
Committee;

3. To invite the Secretaria de Relaciones Exteriores to designate a representative from the Mexican delegation to the Mexico-United States Bilateral Committee on Bridges and Border Crossings;

4. To contribute necessary funds for the Mexican portion of the Transportation Plan and Program; and

5. To provide the administrative management of the funding for the Mexican portion of the Transportation Plan and Program and to enter into an agreement, independent of the other party, with the transportation planning consultant or consultants selected by Mexican members of the Joint Working Committee.

The proposed work will be conducted in at least two phases, as indicated in Annex II of this Memorandum of Understanding.

ARTICLE VI
RESPONSIBILITIES OF THE PARTIES

Each Party will contribute towards the budget of the Joint Working Committee by paying its respective costs. The activities subject to the availability of funds.

ARTICLE VII
DISPUTE RESOLUTION

Any differences arising from the interpretation or application of this Memorandum of the Understanding will be resolved by agreement of the Parties. Any difference arising from the interpretation or application of the Annexes to this Memorandum of Understanding will be resolved by agreement of the Joint Working Committee.

ARTICLE VIII
EFFECT AND TERMINATION

This Memorandum of Understanding will go into effect on the date of signature.

Either Party may terminate this Memorandum of Understanding of any of its Annexes at any time by providing ninety days notice in writing to the other Party. The termination of this Memorandum of Understanding will not affect any cooperative activities taken pursuant to Annex II that are initiated prior to such termination unless the Parties agree otherwise in writing.

ARTICLE IX
MODIFICATIONS

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Memorandum of Understanding.

DONE at Washington D.C., in duplicate this 29th day of April, 1994 in the English and Spanish languages, each text being equally authentic.

Federico Peña [signed]
Secretary Frederico Peña
Department of Transportation
United States of America

Emilio Gamboa Patrón [signed]
Secretary Emilio Gamboa Patrón
Secretaría de Comunicaciones y Transportes
United Mexican States