Health Conventions - Argentina - Peru - Full Text Of The Norm

Original Language Title: CONVENIOS MATERIA DE SALUD - ARGENTINA - PERU - Texto completo de la norma

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CONVENTIONS Law 26.041 Approve the Convention on Health Cooperation between the Argentine Republic and the Republic of Peru, signed in the city of Lima on 19 May 2003. Sanctioned: June 1, 2005 Promulgated of Fact: July 5, 2005

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress,

etc.

Law:

ARTICLE 1 Appropriate the Convention on Cooperation in the Protection of the Argentinian RePUBLIC and the RePUBLIC DEL PERU, subscribed in Lima PERREPUBLICA DEL PERU el on 19 May 2003, consisting of QUINCE (15) articles and UNA (1) fe de erratas, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.

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THE FIRST JUNE OF THE YEAR DOS MIL CINCO.

EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.

CONVENTION OF COOPERATION IN THE MATERIA OF HEALTH ARGENTINA AND THE REPUBLIC OF THE PERU

The Argentine Republic and the Republic of Peru, henceforth the Parties.

Encouraged by the desire to strengthen the links of cooperation and friendship between the two countries;

Considering that the Parties have been giving high priority to strengthening the links of cooperation for the development of their health systems, which constitute an important element in improving their operational capacities and contributing to the solution of the problems affecting them;

That this intention has been expressed by the health authorities of the respective Parties, which consider that inter-country cooperation is an important mechanism for development, strengthening regional solidarity, disease prevention and control and promoting health;

That on 31 May 1974 the Basic Convention on Scientific and Technological Cooperation between the Government of the Peruvian Republic and the Government of the Argentine Republic was signed in the city of Lima, in order to consolidate the relations between the two States and their peoples and the common interest in promoting scientific research and technological development.

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ARTICLE 1

OBJECT OF THE CONVENTION

The purpose of this Convention is to establish the terms of cooperation between the Parties for the joint search for appropriate solutions to health problems.

ARTICLE 2

COOPERATION OBJECTIVES

1. Bring together efforts to contribute to the achievement of national health goals, paying particular attention to the development of priority programmes that meet common needs and require complementary efforts;

2. Develop technical, scientific and technological exchange, which promotes timely, efficient and equal health care and promotes national self-reliance on health;

3. Provide legal framework and basis for future specific technical cooperation agreements between the two countries that originate from common concerns or that arise from the desire for collaboration of Parties on specific topics; and

4. Contribute to raising the standard of living of the populations of the two countries, prioritizing the highest-risk groups.

ARTICLE 3

COOPERATION AREAS

The Parties agree on the following areas of common interest.

1. Exchange of information and experiences in the scientific, technical and technological fields, through experts and specialists in health, reform, epidemiological surveillance, community participation, cross-sectoral integration and health of dispersed populations.

2. Exchange of experiences to strengthen the management and management capacity of health services, as well as international resources within the Ministries of Health.

3. Exchange of experiences in primary health care programmes and projects and in the fields of food, nutrition and essential medicines.

4. Exchange of Biological or other inputs, all related to the objectives of the current programmes, according to availability and in cases of emergency.

5. Cooperation in human resources training and training programmes on Biotechnology and Biosafety.

6. Development of coordinated actions in the prevention and control of prevalent, emerging and reemerging diseases.

ARTICLE 4

WORKING PLAN

The Parties shall jointly prepare an Annual Work Plan, within ninety days of the date of this Convention, which shall include specific projects and shall serve as the basis for cooperation established therein. Each project should include:

1. The definition of the problem, purpose, objectives, results and goals, clearly defined;

2. The methodology to be followed, strategies and measurement indicators;

3. The responsibility of each of the parties in each phase of development of the project,

4. The geographical location of the project and beneficiary population;

5. Schedule of activities and disbursements;

6. Budget with funding sources and input from each Party; and

7. Monitoring and evaluation mechanisms of the project.

Any modification or adjustment to the Work Plan shall be analysed and approved, in common agreement by the Parties.

ARTICLE 5

COMMITMENTS

The Parties, through their respective Ministries of Health, undertake:

1. Designate for each Party a Project Coordinator, who will work in collaboration with the areas responsible for implementing the projects. The General Coordinator of the Argentine Republic and of the Republic of Peru shall belong to the Ministry of Health.

2. Designate a representative for each State in every area of cooperation to be developed, to act as an adviser and provide technical support to the operational units. The representative will be part of the Technical Team that will formulate the Work Plan and follow up on programmed activities.

3. Determine national resources, derived from the budget of each State party, for the development of the Work Plan and follow-up on programmed activities.

4. Provide counterparts, office services, secretariat, reproduction of documents, telephone communications and E-MAIL, transportation in the respective country and any other means or resource necessary for the development, monitoring and evaluation of projects; and

5. Establish a technical team for the formulation of programmes and projects that implement the cooperation of each of the areas identified.

ARTICLE 6

FINANCING

1. The Parties undertake to jointly manage the financing necessary for the implementation of the activities, programmes and projects, as part of this convention, and,

2. The costs of the projects will be borne in a shared manner between the two parties, according to detail that is agreed in each specific activity.

ARTICLE 7

ADOPTION, FOLLOW-UP, EVALUATION AND REPORTS

The General Coordinating Group of the Convention will adopt and set priorities for the projects presented.

The General Coordinators of the Convention will refer the Annual Work Plan, as well as the assessments and adjustments for the Peruvian Agency for International Cooperation of the Republic of Peru and the General Directorate for International Cooperation of the Republic of Argentina, for corresponding knowledge and follow-up.

The annual evaluation of each project will consider at least the following:

. Proposed goals and targets.

Work done.

Results obtained and expenditure performance.

Restrictions and problems encountered and measures taken to resolve them.

Method of cooperation employed.

. Conclusions and recommendations for future actions.

ARTICLE 8

PERSONAL

The contracted staff of each Party shall continue under the direction and dependence thereof. In no case shall such personnel be deemed to be dependent on the other Party.

Staff sent by one of the Parties to the territory of the other shall be subject to the provisions of the National Legislation in force in the receiving State. Such staff may not engage in any activity other than their functions, nor may they receive any remuneration, outside the established, without prior authorization from the competent authorities.

In the event of an accident or domestic calamity in the host country, it will provide all the facilities for the care of the cooperating official, as well as provide the best conditions for the return to your country, if necessary.

In the event of accidents or catastrophe in the territory of the receiving State, the receiving State shall grant the necessary assistance to the personnel sent by the other Party in its territory, including the possibility of return to its country of origin if necessary.

ARTICLE 9

AUDITORY

The audit work will be carried out by the person or persons designated for this purpose by each Party and in accordance with the rules and regulations of each country and will only be appropriate for the funds provided by third parties. Copies of the reports will be delivered to the Ministers upon request.

ARTICLE 10

FORCE MAYOR

The Parties shall not be liable for full or partial non-compliance with the commitments made by this Convention, which derive from grounds of force majeure.

ARTICLE 11

CONTROVERS

Any dispute arising from the interpretation, application and implementation of this Convention shall be resolved through direct negotiations between the Parties within the framework of the General Coordinating Group of the Convention.

ARTICLE 12

VIGENCE AND DURATION

This Convention shall enter into force on the date of the last notification, by diplomatic means, by which the Parties communicate the compliance of their necessary internal requirements for entry into force and shall last for four years.

ARTICLE 13

UNITED NATIONS

This Convention may be denounced by any Party, through written communication addressed by diplomatic channels to the other Party. The complaint shall take effect sixty days after the date of receipt of the relevant notification.

The obligations assumed by the Parties under this Convention shall continue to terminate or report the Convention, in order to permit the fulfilment of the commitments previously made, unless otherwise provided by the Parties.

ARTICLE 14

PRORROGA

This Convention shall be automatically renewed every four years, unless one Party shall communicate the other, by diplomatic means, its intention to denounce it, in advance of six months at the date of expiry.

ARTICLE 15

MODIFICATION

This Convention may be amended by mutual consent of the Parties through diplomatic channels.

Made in Lima, May 19, 2003, in two originals in Spanish, both equally authentic.

Signatures

Ministry of Foreign Affairs, Trade, International and Worship

DITRA No. 186/03

The Ministry of Foreign Affairs, International Trade and Worship DiDirección de Tratados de presents its attentive greetings to the Embassy of the Republic of Peru and is pleased to refer to the CONVENTION OF COOPERATION IN MATERIA OF HEALTH ARGENTINA REPUBLIC AND REPUBLIC DEL PERU, signed in Lima on 19 May 2003.

In this regard, he points out that a material error has been detected in the Argentine original of the same article, Article 8, third paragraph, which refers to the same provision as that set out in paragraph 4 of the same Article, although with different wording, and therefore intends to eliminate the current third paragraph, the current fourth paragraph being third and last of that article. A copy of the Convention was accompanied by the deletion of the paragraph proposed.

In order to remedy such an error, the conformity of the Foreign Ministry of Peru in this regard is requested in accordance with the provisions of the Vienna Convention on the Law of Treaties (art. 79, 1 b and 4), thereby amending the Convention.

The Ministry of Foreign Affairs, International Trade and Worship DiDirección de Tratados. makes the opportunity to reiterate to the Embassy of the Republic of Peru the assurances of its highest consideration.

Buenos Aires, 7 August 2003

Note Nro. 5-1-F/370

The Embassy of Peru presents its compliments to the Honourable Ministry of Foreign Affairs, International Trade and Worship .Dirction of Treaties . on the occasion of its DITRA Nro Note. 186/03, dated 7 August last, by which he noted that in the original Argentine Convention on Health Cooperation between the Argentine Republic and the Republic of Peru, signed in Lima, on 19 May last, he has found that the third paragraph of Article 8 refers to the same provision as the fourth paragraph of the same Article, although with different wording; so he proposed to remove the current third paragraph, being the current fourth paragraph referred to as the third paragraph.

In this regard, the Embassy of Peru is honoured to inform that Honourable Ministry that the Ministry of Foreign Affairs of Peru fully agrees with the above-mentioned Note regarding the proposed solution to remedy the error raised in Article 8 of the said Convention, as the provisions of Article 79, paragraphs 1 (b) and 4, of the Vienna Convention on the Law of Treaties, which is incorporated into Peruvian law.

In this regard, in order to remedy the above-mentioned error, it is gratified to communicate the agreement of the Ministry of Foreign Affairs of Peru to initiate the above-mentioned procedure.

The Embassy of Peru makes this opportunity to renew the Honorable Ministry of Foreign Affairs, International Trade and Worship . Treaty Address las the assurances of its highest and most distinguished consideration.

Buenos Aires, September 3, 2003