This Memorandum of Understanding (hereinafter referred to as “Memorandum” concluded between the Organization for Democracy and Economic Development – GUAM (hereinafter referred to as “ODED-GUAM”) established in 2006 as an international regional organization, with the main aim of promoting security, developing good neighbourly and friendly relations among the states based on universally recognized norms and principles of international law, and headquartered in Kyiv (Ukraine) and the Organisation for Co-Operation between Railways (hereinafter referred to as “OSJD”), established in 1956 as an International Organisation, which the main purpose is to develop and improve the international carriage of passengers and goods by rail with its headquarters in Warsaw (the Republic of Poland). ODED-GUAM and OSJD are hereinafter referred to individually as a “Party” and jointly as the “Parties”.
TAKING ACCOUNT OF the fact that the OSJD acts on the basis of the OSJD Regulation and is committed to universally recognized principles and norms of international law, is an international organisation and depository of international agreements and treaties in international rail transport law, the main activity of which is aimed at developing and improving the international transportation of passengers and goods by rail Europe – Asia – Europe;
WHEREAS, ODED-GUAM is an international organization whose mission is promoting democratic values, ensuring the supremacy of law and respect for human rights, strengthening international and regional security and stability as well as deepening socio-economic, transport, energy, scientific, technical and humanitarian potential;
WHEREAS, ODED-GUAM operates under the Charter and is committed to the purposes and principle of the United Nations Charter and other universally recognized principles and norms of international law;
DESIRING to ensure further development of economic and trade relations in Eurasia aimed at facilitating trade procedures by improving rail as well as other types of transport;
TAKING INTO ACCOUNT the desire of the Parties to further develop cooperation in order to improve rail transportation in Eurasia;
REAFFIRMING the principles of mutual respect and mutually beneficial cooperation,
the Parties have agreed to cooperate as follows:
- The purpose of this Memorandum is to provide a framework of cooperation and facilitate and strengthen collaboration between the Parties, in areas of common interest.
- The Cooperation between ODED-GUAM and OSJD shall be implemented in compliance with their prescriptions and internal rulers of procedure and in accordance with their rights and international obligations.
- The cooperation between the Parties shall be implemented by the executive bodies of the Parties, Secretariat of the ODED-GUAM and Committee of OSJD.
AREAS OF COOPERATION
- The Parties agree to cooperate within their remit in the field of rail transportation as well as in the domain of combined, intermodal and multimodal transportation in the following areas of activity:
- cooperation for the development and improvement of international rail transportation as well as of transport corridors in Eurasia;
- cooperation in the field of professional education and vocational training for the exchange of experiences and best practices;
- cooperation in the field of border crossing procedures facilitation for international passenger and freight rail traffic;
- supporting of share and dissemination of joint useful experience of the Member-States of the Parties and establishment of new forms of partnership for a more balanced strengthening of cooperation;
- organization of joint events, preparation of joint publications, elaboration of proposals and recommendations on matters of mutual interest;
- further improvement of information exchange between Member-States of the Parties for a better mutual understanding of common problems and development of new targeted solutions as well as for the improvement of access to existing information and knowledge;
- facilitation of the exchange of experiences between the Member-States of the Parties for the strengthening of regional and international cooperation;
- The Parties may propose new topics and issues for the cooperation that should be looked at, as well as define the suitable form of cooperation and determine railway undertakings from the Member-States of the Parties and interested international organizations, which may become project participants. The decision concerning inclusion of new topics in the programme on cooperation shall be taken by the governing bodies of the Parties.
- The areas of cooperation mentioned in point 1of this Article can be amended in compliance with proposals of the Parties and by mutual agreement on the basis of Article 9 of this Memorandum.
FORMS OF COOPERATION
ODED-GUAM and OSJD agree to implement the following forms of cooperation:
- exchange of documents (programmes and annual work plans, an annual schedule of meetings, protocols and publications);
- participation in the meetings and joint events;
- establishment of the joint working groups of ODED-GUAM and OSJD;
- organization of joint conferences and workshops;
- preparation of joint events, elaboration of recommendations and solutions, control over the implementation of cooperation.
PARTICIPATION IN THE MEETINGS/SESSIONS
- The representatives of the Parties may participate mutually at the invitation in the meetings of working bodies of both Organizations.
- The Parties are interested in the cooperation at the level of working bodies of both Organizations. The conditions for participation in the meeting/sessions of working bodies of both Organizations shall be determined for every calendar year after consultations based on programmes and annual work plans to be exchanged.
- A delegation of one organisation participates in meetings of another organisation with an advisory vote.
- All costs arising from the meetings/sessions shall be borne by the Party sending their delegations to these meetings/sessions.
COOPERATION BETWEEN ODED-GUAM AND OSJD
- Competent bodies of the Parties may establish joint working groups (expert groups) of ODED-GUAM and OSJD on matters of mutual interest in order to realize goals mentioned in point 1 of Article 2 of this Memorandum.
- The joint working group (expert group) of ODED-GUAM and OSJD shall carry out its activity in compliance with rules of procedures to be approved at the moment of its establishment, in which the goals and forms of its activity shall be defined. The rules of procedures are approved by the competent bodies of the Parties.
- Composition, structure, joint programme and work plan of the joint working group of ODED-GUAM and OSJD shall be determined additionally after the mutual approval of its rules of procedures.
CONSULTATION AND EXCHANGE OF INFORMATION
- The Parties shall, on a regular basis, keep each other informed of and consult on matters of mutual interest, which in their opinion are likely to lead to mutual cooperation.
- Consultation and exchange of information and documents under this Memorandum shall be without prejudice to arrangements, which may be required to safeguard the confidential and restricted character of certain information and documents or information to be made public by the Parties.
Such arrangements will survive the termination of this Memorandum.
- The Parties shall submit to each other the new versions of documents as well as amendments and modifications to the published documents. The Parties shall also submit to each other documents (minutes of protocols, aide-memoires) to be published by both Organizations, which are of relevance for cooperation.
- The Parties shall submit to each other the working programmes, annual work plans and annual schedule of meetings for current year as a rule before the end of the previous year.
- The oral (simultaneous) interpretation shall be provided by host of the meeting/session in one of the working languages of the invited Party if so agreed.
- The Parties shall submit to each other the working papers, mentioned in the Articles 5 and 6 of this Memorandum in one of the official languages of the Organization.
NOTICES AND ADDRESSES
Any notice or request required or permitted to be given or made under this Memorandum shall be in writing. Such notice or request shall be deemed to have been duly given or made when it shall have been delivered by hand, certified mail, overnight courier, telex, or e-mail to the Party to which it is required to be given or made at the address specified below or such other address as shall be hereafter notified.
Mr. Altai Efendiev, Secretary General of the Organization
for Democracy and Economic Development – GUAM
2A Sofiivska Street, 01001, Kyiv, Ukraine
For the OSJD Committee:
Mr. Tadeusz Szozda, Chairman of the OSJD Committee
ul. Hoza 63/67, 00-681, Warszawa, Polska
- This Memorandum does not create an international treaty and is in no way binding under international law. This Memorandum imposes also no financial obligations on Parties.
- This Memorandum may be amended or modified by mutual consent between the parties of this Memorandum in order to enlarge or change the scope of cooperation between the ODED-GUAM and OSJD.
- The amendments and modifications shall be inserted in an additional protocol to this Memorandum, which forms its inseparable part.
- Any disputes and disagreements regarding the interpretation or application of the provisions of this Memorandum are resolved through negotiations and consultations between the Parties.
- This Memorandum has been concluded for an unlimited period. It may be terminated by either Party upon six (6) months prior written notice to the other.
- This Memorandum shall enter into force on the date of its signing by both Parties. The Parties shall be duly authorized to sign this Memorandum.
- This Memorandum has been drawn in two original copies, one in Russian and one in English, which are equally valid.