MEMORANDUM

Law 26.922

Approve the “Memorandum of Understanding between the Government of the Argentine Republic and the Government of the Republic of Chile”.

Sanctioned: November 27, 2013

Promulgated: December 11, 2013


ARTICLE 1 — Approve the Memorandum of Understanding between the Government of the Argentine Republic and the Government of the Republic of Chile for the Medical Evacuation of Emergency in Humanitarian Demining Tasks, held in the city of Santiago, Republic of Chile, on 27 March 2012, which consists of nine (9) articles, and its Annex, which consists of four (4) articles, the authenticated copies of which form part of this law.

ARTICLE 2° — Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTSIETE DIAS OF THE MONTH OF NOVEMBRE DE DOS MIL TRECE.


LOVE BOUDOU. - JULIAN A. DOMINGUEZ. — Juan H. Estrada. - Gervasio Bozzano.


In the framework of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (“Antwerp Convention”), adopted on 18 September 1997; of the Agreement concerning Humanitarian Flights between the Republic of Argentina and the Republic of Chile, signed on 20 August 1999; of the Maipú Treaty on Integration and Cooperation between the Republic of Argentina and the Republic of Chile, signed on 30 October 2009

Highlighting the importance of demining actions for global peace and for the security of persons, and the relevant international cooperation in these matters;

Acknowledging the humanitarian value of demining cooperation by means of ways that allow for more effective and speedy action in the face of possible medical emergencies that occur in demining tasks, particularly in the cleaning process that the Republic of Chile has initiated in its southern territories, and committing Parties to consider the eventual expansion of this agreement to other areas of the common border, if necessary, agree to hold this memorandum:


The Parties, through their competent agencies, shall cooperate with each other in order to provide the necessary medical attention to any mine accident occurring during the clearance of minefields in the southern part of the Republic of Chile and resulting in wounds of any kind to the personnel involved in the task.


The Argentine Republic, through its Ministry of Defence, will provide assistance for the period of stabilization of the injured persons, through the Hospital of the Naval Base of Ushuaia or, if necessary, in other hospitals in the area with which there are prior agreements, in order to allow the continuity of evacuation to the territory of the Republic of Chile.

In accordance with the Emergency Evacuation Plan that deals with Article 3 of this measure, and as far as atmospheric conditions or specific medical circumstances impose it or allow, as the case may be, the Chilean emergency evacuation aircraft may fly over the Argentine territory on their way to Punta Arenas, without prejudice to the appropriate communications to the relevant aeronautical authorities.


The Parties undertake to develop as a whole an Emergency Evacuation Plan, the content of which should be primarily and without prejudice to other aggregates, the aspects mentioned in the ANNEX attached to this Measure as well as those identified in the previous knowledge and coordination visits.


They are designated as coordinating, drafting and implementing authorities of the Emergency Evacuation Plan, the Southern Naval Area Commander by the Ministry of Defence of the Argentine Republic and the Commander-in-Chief of the Third Naval Zone by the Ministry of Defence of the Republic of Chile.


The designated authorities shall submit the Emergency Evacuation Plan to be approved by the respective Ministries of Defence, as early as possible at the start of the minefield cleaning activities.

This plan will be updated whenever necessary. To that end, any of the authorities referred to in Article 4 may cite the other to participate in such coordination meetings as may be relevant.

At the beginning of the first period of implementation of this MdE, at the regular intervals defined in the Emergency Evacuation Plan and at least every time the Plan undergoes substantial modifications, the Parties undertake to carry out emergency evacuation simulation exercises in the area of operations, which will enable their staff to train and maintain an optimal level of preparedness for the aeromedical rescue of wounded.


The Parties agree that the financing of the activities, such as the costs of transfers, staff stay, costs associated with the operation of the technical media, medical inputs, etc., shall be assumed by the Party providing the services and subsequently reimbursed by the requesting Party in accordance with the mechanism established in the Emergency Evacuation Plan.


This MdE shall enter into force on the date of the last written notification by which one of the Parties informs the other of having complied with the requirements for that effect in its domestic legal order and shall terminate on the date on which the Government of the Republic of Chile notifies in writing to the Government of the Argentine Republic that has been completed with demining operations in the area provided for in Article 1 of this Memorandum.


Any divergence linked to the interpretation or implementation of this Memorandum shall be settled only through consultations between the Parties.


This MdE may be denounced by any Party at any time with prior notice of twelve (12) months. Signed in Santiago, Chile, on the twenty-seventh day of March of the year two thousand twelve, in two originals of the same tenor.



THE MEMORANDUM OF ENTENDANCE BETWEEN THE GOVERNMENT OF THE ARGENTINA REPUBLIC AND THE GOVERNMENT OF THE CHILE REPUBLIC FOR EMERGENCY EVACUATION IN HUMANITARIAN DEMINATE TAREAS CONTAINED BY THE EMERGENCY PLAN

1st. PROCEDURES.

(a) Communications procedure. Alert mechanisms. Estimated departure and arrival times.

(b) Transfer of the injured. Medical personnel/accompaniment health (exit from Chile and reception at the Ushuaia Naval Base). Types and conditions of the medium used in the transfer. Procedure for the reception and dispatch of helicopters in Ushuaia.

(c) State of the injured. Primary care report received in the field. Reporting opportunity on the general condition of the injured person.

(d) Description of the medical care protocols in Chile and Argentina. Type of attention in Argentina. Stabilization procedure.

(e) Time for the stay of the wounded in Argentine territory.

(f) Flight routes for emergency evacuation aircraft.

2°. TECHNICAL AND LOGISTIC MEASURES.

(a) Means of transport to be used. Identification of the same.

(b) Provision of food and medicine during your stay in Argentina.

(c) Documentation to be completed by Chile and Argentina related to the care of the wounded.

(d) Registration of related activities and notifications.

(e) Conditions of the Hospital for the care of the injured. Conditions and availability of clinical support. Availability of medical staff of the required specialties.

(f) Criteria for permitting further evacuation.

(g) Procedures and legal aspects relating to the repatriation of deceased personnel.

(h) Estimated costs for stays and medical supplies.

3°. AGAINST AND SALE OF THE CHILENARY PERSON IN ARGENTINE TERRITORY.

(a) Notification.

(b) Income procedures.

(c) Customs.

(d) Migration.

(e) Exemption of charges.

4°. MUTUAL RESPONSIBILITIES.

(a) Responsibilities of the Argentine authority.

(b) Responsibilities of the Chilean authority.