Chile Memorandum Of Understanding On Aquatic Health Systems

APHIS Agreement No. 34-WT-01-5000-0827-MU

Memorandum of Understanding

Between

Ministry of Economic Development

National Fisheries Service (SERNAPESCA)

And

United States Department of Agriculture

Animal and Plant Health Inspection Service (APHIS)

Article 1 - Purpose

The purpose of this memorandum of understanding (MOU) is to establish the terms of the working relation for the recognition of aquatic animal health systems and the sharing of information on aquatic animal health between the United States Department of Agriculture, Animal and Plant Health Inspection Service (APHIS) and the National Fisheries Service (SERNAPESCA), Ministry of Economic Development, Republic of Chile.

Article 2 - Background

The signatory parties to this agreement have established a working relationship with regard to aquaculture, aquatic animal health activities and the certification of live fish and other aquaculture species, their larvae and eggs and/or other genetic material and consider it advantageous, opportune, and in the best interest of animal health of both countries to maintain this working relationship.

APHIS is responsible for aquatic animal and plant health and has full authority to make decisions and conduct programs pertinent to this area, and conducts aquatic animal health programs to fulfill that responsibility. APHIS certifies aquatic animal health for export of live fish and other species for aquaculture.

SERNAPESCA is responsible for aquatic animal health, has full authority to make decisions and conduct programs pertinent to this area, and conducts aquatic animal health programs to fulfill that responsibility. SERNAPESCA certifies aquatic animal health for export of live fish and other species for aquaculture.

Article 3 - Authorities

APHIS is authorized by the Agricultural Marketing Act of 1946, as amended, to carry out the activities in this memorandum. While this MOU reflects the authorization and activities of APHIS, it is recognized that several federal agencies within other departments of the United States Government also have jurisdiction over and do inspection of live aquatic animals.

SERNAPESCA is authorized to sign this memorandum in accordance with the following law: Decree No.5, 1983; and Decree No. 1, 1992, both of the Republic of Chile.

Article 4 - Objective

The objectives of this agreement are:

A. Ensure the safe international trade between the United States and Chile of aquatic animals and genetic material from aquaculture sources.

B. To contribute to aquatic animal health of both countries.

C. Strengthen aquatic animal health in the areas of which the signatory parties are mutually responsible.

D. Reduce disease risks to both animals and humans, and thereby improve standards of living.

Article 5 - Mutual Agreement

APHIS and SERNAPESCA mutually agree:

A. APHIS is the competent authority under the Organization International des Epizooties (OIE) for aquatic animal health issues and particularly the international trade of live aquatic animals and their products from aquaculture sources. APHIS can certify disease freedom of fish in cultured stock for the diseases notifiable to the OIE.

B. SERNAPESCA is the competent authority under the OIE for aquatic animal health issues and particularly the international trade of live aquatic animals and their products from aquaculture sources. SERNAPESCA can certify disease freedom of fish in cultured stock for the diseases notifiable to the OIE.

C. The APHIS National Aquaculture Program provides assurances to the Government of Chile that APHIS maintains a national program. Consisting of two major components: a National Animal Health Reporting System; and the National Aquatic Animal Health Certification and Inspection Program. These programs monitor for the presence of the OIE aquatic animal diseases, currently epizootic hematopoietic necrosis, oncorhynchus masou viruses disease, viral hemorrhagic septicemia, spring viremia of carp, infectious hematopoietic necrosis, and infectious salmon anemia.

D. It is of mutual benefit to APHIS and SERNAPESCA to recognize the aquatic animal health certification of the United States, thereby allowing Chile to reduce risks for the importation of seed stock without incurring unnecessary risk mitigation measures and costs associated with this measure and to improve the efficiency of producing aquiculture products for export.

E. APHIS will inform SERNAPESCA of changes in disease status relative to the OIE aquatic animal diseases.

F. Proposed changes to the sanitary requirements for international commerce will be addressed with sufficiently timely notification in advance of the pertinent spawning season so as not to disrupt trade..

G. SERNAPESCA recognizes APHIS' National Aquatic Animal Health Certification and Inspection Program as equivalent under S.P.S. and WTO rules.

H. APHIS and SERNAPESCA will initiate as soon as possible during 2001 the process for recognizing Chile's Aquatic Animal Health and Inspection Program as equivalent under the S.P.S. and WTO rules.

I. APHIS and SERNAPESCA will cooperate in the monitoring and surveillance of aquatic animal health issues of mutual concern.

J. APHIS and SERNAPESCA will cooperate on technical assistance for aquatic animal health activities, including monitoring and surveillance of aquatic animal health issues of mutual concern.

K. The United States and Chile are members of the OIE and the World Trade Organization (WTO). As such, the U.S and Chile may utilize these fora to settle any disputes related to these agreements.

Article 6 - Responsibilities

APHIS will inform SERNAPESCA on the aquatic animal health issues that may impact Chile, including especially, but not only the OIE listed aquatic animal diseases.

APHIS will certify compliance with international aquatic animal health norms.

APHIS and SERNAPESCA will report any changes to the responsible officer for accomplishment of this MOU. Current contacts are indicated in the accompanying work plan.

Article 7 - Statement of No Financial Obligation

Signature of this MOU does not constitute a financial obligation on the part of APHIS or SERNAPESCA. Each signatory party is to use and manage its own funds in carrying out the purpose of this MOU.

Article 8 - Limitation 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 funds allocated for purposes covered by this MOU shall be expended in accordance with its terms and in 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 Restrictions

Under 41 US.C. 22, no member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this MOU or to any benefit to arise therefrom.

Article 10 - Duration, Amendments and Termination

This agreement will be effective upon the signature of the administrator of APHIS and the director of SERNAPESCA, or their duly-appointed representatives (signatories), and will continue for one year, subject, thereafter, to renewal in whole-year increments. It may be amended by mutual written agreement of both signatories. Either signatory may request termination of this agreement and such termination will occur after 90 days following receipt of the termination notice to the other party.

___________________________________________ ___________

Director

SERNAPESCA DATE

______/s/____________________________________ 2/7/2001

Administrator

Animal and Plant Health Inspection Service DATE