Maipu Treaties Integration And Cooperation - Argentina - Chile - Full Text Of The Norm

Original Language Title: TRATADOS TRATADO DE MAIPU DE INTEGRACION Y COOPERACION - ARGENTINA - CHILE - Texto completo de la norma

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TREATY Law 26.561 Approve the Maipú Treaty on Integration and Cooperation between the Argentine Republic and the Republic of Chile. Posted: November 18, 2009 promulgated: December 14, 2009

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 AND COOPERATION IN THE TREATY OF THE UNITED NATIONS

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL NEW.

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JOSE J. B. PAMPURO. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

Maipú Treaty on Integration and Cooperation between the Argentine Republic and the Republic of Chile

The Argentine Republic and the Republic of Chile, henceforth referred to as "the Parties",

INCLUDING the Treaty of Peace and Friendship between the Argentine Republic and the Republic of Chile, signed on 29 November 1984, a framework for the solid relationship between the two States.

RECOGNIZING also the importance of the other existing agreements, which constitute the legal basis for bilateral linkages.

CONSIDERING the bonds of brotherhood between Argentina and Chile, reinforced by the common historical feats, the legacy of shared values, the manifestations of one's own culture, the geographical neighbourhood and the affinity between its inhabitants, all of which lay the foundations for deepening and consolidating existing bilateral relations and its projection towards a promising future for the Parties.

The community of values that exist between the societies and the governments of both States in terms of the defence of the Democratic System; the Promotion and Protection of Human Rights; the consecration of Social Justice, as an appropriate tool for building a solidarity society with social and gender equity; the preservation of the environment and the search for sustainable development.

CONSIDERING that the development and dimension of bilateral relations over the past two decades have led to the creation of multiple mechanisms that have strengthened the historic bonds of friendship and brotherhood between the Parties.

CONSCIENTS of the need to perfect the existing institutional structure, giving a renewed impetus and reorientation to the work that develops within the framework of it.

INTENTION That in this way both States will achieve a more effective use of the mechanisms and their available human and material resources, in order to meet the growing demands and challenges posed by the social and cultural development of their inhabitants.

VALUEING the important progress made in the interconnection of their territories and in the mutual knowledge and understanding of their societies.

SUBRAYING the importance of bilateral economic and trade relations, whose continuing increase and deepening constitute primary instruments in the search for development and economic complementarity among Parties.

RECOGNIZING the relevant work carried out by the Economic Cooperation and Physical Integration Commission, as well as the other Commissions, Subcommissions and binational Working Groups, which have worked consistently for the purposes set out above.

RESALTANDO the important activity carried out over more than two decades by the Border Committees, today Integration Committees, in the area of cooperation and border integration and the gradual incorporation into them of various actors of civil society, which reflects the assessment of these forums by the communities involved.

REAFFIRMING that the international system presents opportunities and challenges for our States, which can be better addressed and exploited through joint work.

DECLARANDO that this Treaty constitutes an initiative to strengthen and continue to promote the process of cooperation and integration between Argentina and Chile, as well as an instrument to respond to the commitment to improving the quality of life and the dignity of its inhabitants.

ACUERDAN:

CHAPTER I

OBJECTIVES

Article 1

The primary objectives of this Treaty are:

a. Deepening the relationship, bilateral strategic;

b. Strengthen the shared democratic values of their societies;

c. Promote joint actions to provide renewed guidance to bilateral initiatives and projects, especially those with greater agreement or affinity with the respective social agendas;

d.. To promote actions, both of the national governments of the Parties, and of the Argentine provinces and the Chilean regions, aimed at deepening cooperation, integration and complementarity between the two States;

e. Working together for the consolidation of a culture of peace and integration, based on common cultural and social visions, which promotes a shared legacy for future generations, through joint work on educational systems, cultural, sports, social and media institutions;

f. Promote the confluence of investments, social, economic and trade interests aimed at strengthening, deepening integration and fostering employment creation, with a view to achieving a better quality of life in their societies;

g. Intensify actions aimed at improving and expanding the physical connection between the territories of each Party, through the promotion and joint or coordinated implementation of infrastructure works on energy, transport and communications;

h. Continue to promote cooperation and integration in the area of defence, intensifying bilateral dialogue on international security, disarmament and non-proliferation;

I. To strengthen the participation of the Chilean regions and the Argentine provinces in the binational integration process by supporting the institutions and forums that favor the confluence of interests and deepening the links between them;

j. Encouraging the participation of private sector and civil society organizations in the process of bilateral integration and cooperation;

k. To strengthen the coordination between the local authorities of both States in enlarged spaces that bring together Argentine provinces and Chilean regions linked by their vicinity and natural complementarity;

I. Take joint measures to promote the movement and residence of nationals in the territory of both Parties;

m. Establish measures and harmonize the respective laws for the benefit of migrants from both States, to ensure their forecasting situation satisfactorily.

COMPLEMENTARY PROTOCOLS

Article 2

In pursuit of the objectives set out in Article 1 and within the framework of this Treaty, Parties may conclude Additional Protocols on specific matters.

CHAPTER II

INSTITUTIONAL MECHANISMS

Article 3

To meet the objectives of this Treaty, the Parties shall have the following bilateral mechanisms:

a. Presidential meetings;

b. Binational Meeting of Ministers;

c. System of Permanent Consultations of the Ministries of Foreign Affairs;

d. Binational Commission for Economic Cooperation and Physical Integration;

e. Binational Commission on Trade, Investment and Economic Relations;

f. Joint Parliamentary Commission;

g. Integration Committees.

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Article 4

The Presidential Meetings, the highest political body of institutional mechanisms, will define the general guidelines of the bilateral relationship, with particular emphasis on binational integration. They shall have an annual periodicity and shall meet, alternately, in the territory of each Party.

BINACIONAL MEETING OF MINISTERS

Article 5

The Binational Meeting of Ministers of both Governments will be coordinated and chaired by the Ministers for Foreign Affairs. The periodicity of the meetings will be annual and will assess the development of the binational integration process and take the necessary measures to achieve the objectives set out in this Treaty and to comply with the guidelines of the presidential meetings.

SYSTEM OF PERMANENT CONSULTATIONS OF FOREIGN RELATIONS

Article 6

The Ministries of Foreign Affairs of the Parties shall maintain the system of permanent consultations, regardless of the meetings established in the previous Article, where they shall promote, among other matters of common interest, the coordination of common positions in international forums.

BINACIONAL COMMISSION ON ECONOMIC COOPERATION AND FISICA INTEGRATION

Article 7

The Binational Commission for Economic Cooperation and Physical Integration, by virtue of its powers in accordance with Article 12 of the Treaty of Peace and Friendship of 1984, will continue to promote, inter alia, bilateral political, social, educational, cultural, scientific, technological, environmental, cooperation, defence and infrastructure works relating to the physical interconnection between the two States parties; the courses of action adopted by the Chilean Integration Committees and the Civil Interconnections.

Article 8

The Binational Commission for Economic Cooperation and Physical Integration is chaired by the Secretary for Foreign Affairs of Argentina and the Under-Secretary for Foreign Affairs of Chile and composed of representatives of the ministries and public bodies of the Parties, related to the matters falling within the competence of the Commission, when the nature of the topics considered demand their participation.

The Parties shall, through an Agreement for the exchange of notes, update the Rules of Procedure of the Commission.

Article 9

The Binational Commission for Economic Cooperation and Physical Integration will meet annually, on an alternate basis, in the territory of the Parties, for the purposes of inter alia, to assess the dynamics of the integration process.

BINACIONAL COMMISSION ON TRADE, INVERSIONS AND ECONOMIC RELATIONS

Article 10

The Binational Commission on Trade, Investment and Economic Relations, established by the "Memorandum of Understanding between the Argentine Republic and the Republic of Chile for the Creation of the Binational Commission on Trade, Investment and Economic Relations", signed on 4 December 2008, is the highest-level bilateral agency in trade, investment and economic relations.

In addition to the powers provided for in the Memorandum of Understanding, it will monitor and evaluate bilateral relations in the economic, commercial, investment, automotive and aerocommercial transport, communications, tourism, free zones and exploitation of mineral resources and others that may arise from this Treaty. It will also consider the initiatives, proposals and recommendations of the Economic Integration Committees.

Article 11

The Binational Commission on Trade, Investment and Economic Relations is coordinated by the Secretary of Trade and International Economic Relations of the Ministry of Foreign Affairs, International Trade and Worship of the Argentine Republic and by the Director General for International Economic Relations of the Ministry of Foreign Affairs of Chile.

Article 12

The Binational Commission for Economic Cooperation and Physical Integration and the Binational Commission on Trade, Investment and Economic Relations, within their respective competences, may produce reports on special situations and submit them for consideration by the Presidential Meetings or the Binational Meeting of Ministers.

CONJUNTA PARLAMENTARY COMMISSION

Article 13

The Argentine-Chilean Joint Parliamentary Commission is a representative mechanism of the respective National Congresses aimed at contributing to the strengthening of the bilateral relationship in the context of its competence, taking into account the objectives of this Treaty.

Article 14

In accordance with the preceding Article, the Joint Parliamentary Commission may:

a. Help to consolidate integration among Parties through the promotion and strengthening of common actions aimed at preserving the democratic system of government, respect for human rights and the rule of law;

b. Support recommendations and plans developed by the Integration Committees;

c. To elect the respective legislative bodies, suggestions for the harmonization of domestic legislation of the Parties in areas relevant to bilateral integration;

d. Recommend initiatives aimed at strengthening binational cooperation for consideration by the Presidential Meetings, the Binational Cabinet for Integration, the Binational Commission for Economic Cooperation and Physical Integration and the Binational Commission on Trade, Investment and Economic Relations.

INTEGRATION COMMITTEES

Article 15

The Integration Committees constitute meeting and collaboration forums between the public and private sectors of the Argentine provinces and Chilean regions to promote integration in the subnational sphere, with the support of national, provincial, regional and municipal bodies.

They will be coordinated by the corresponding Ministries of Foreign Affairs through the relevant agencies, with the participation of the respective Consuls, in accordance with the functions assigned to them by the Rules of the Integration Committees, and by the specific officials in each Embassy.

Article 16

The Argentine provinces and the Chilean regions may participate voluntarily in the Integration Committees, in accordance with the compatibility of their aspirations and interests.

Article 17

The Integration Committees have as their main objectives, border facilitation; the development and coordination of infrastructure, communication and transport plans, especially those bioceanic integration projects that benefit the Argentine provinces and Chilean regions; the development of joint productive projects; the promotion of tourism projects; the promotion of linkage and academic cooperation; the promotion of shared activities for the promotion of exports and investments; cooperation and complementarity in the health and social equity policies;

Article 18

The Argentine provinces and the Chilean regions, through their representative bodies, acting together within the Integration Committees, may propose to the Binational Commission for Economic Cooperation and Physical Integration, and to the Binational Commission on Trade, Investment and Economic Relations, specific initiatives within the framework established by this Treaty and the Agreements in force between the Parties.

The Integration Committees may promote, among others, the following cooperation activities for the geographical area of their competence:

a. To promote dialogue among the representatives of the local entities of each of the Argentine provinces and Chilean regions in order to improve the quality of life of their inhabitants. In this regard, the Integration Committees constitute mechanisms that support and strengthen initiatives related to respect for and protection of cultural identity, human rights, migration, labour insertion, security, justice and education.

b. Propose agreements for the establishment of integrated tourist circuits, and their subsequent promotion at the national and international levels.

c. In the area of Justice and Security, recommend measures to facilitate the cooperation of the public security forces in the prevention and control of crime, coordinated with the national authorities of the Parties.

d. With regard to educational matters, the Integration Committees will be able to provide complementary agreements, especially with regard to curricula, joint training of educational resources, exchange of students, research and technological innovation plans, publications and artistic and cultural activities.

e. In the field of health, promote complementary agreements for the integration of regional health plans, the complementarity of health infrastructures and the use of resources and services, in order to improve the health care of its inhabitants.

f. In the economic area, they will promote actions of complementation and industrial development, and investments, in priority sectors for the development of the Argentine provinces and Chilean regions. In this perspective, local and binational business cameras may be convened, with special emphasis on the partnership between small and medium-sized enterprises of the two States.

g. With regard to border facilitation, the Integration Committees may recommend the execution of infrastructure works, the implementation of sanitary customs, migration and phyto-zoo measures to improve the functioning of border crossings between the territories of the Parties regarding the transit of persons, vehicles and goods.

h. Promote, in coordination with national authorities, the protection of the environment and shared natural resources.

Article 19

The Integration Committees may envisage the establishment of political dialogue commissions, composed of representatives of the Argentine provincial legislatures and the Chilean regional councils, for the strengthening of their local institutions, and help, within their specific competences, to consolidate a democratic society and the binational social and economic integration process.

Article 20

Integration committees may be constituted by one or more provinces or regions. Both parties shall agree within a period not exceeding one (1) year a new General Regulations for the functioning of the Integration Committees. These Regulations shall include the establishment of special commissions and groups with specific competence on specific topics at the regional level.

Article 21

In the first bimester of each year, the respective Ministries of Foreign Affairs will draw up the annual calendar and the agendas of the Integration Committees. They will also undertake, at the end of each year, an assessment of the status of progress of the recommendations adopted, on the basis of the reports of the Integration Committees, for consideration by the Institutional Mechanisms provided for in this Treaty.

SPECIAL PROVISIONS

Article 22

The Parties agree that the Bilateral Working Group of the Combined Joint Peace Force, created by the Memorandum of Understanding signed on 4 December 2006 by the Ministers of Defence of both States, will continue to play its coordinating role, and move towards the formalization of a binational political leadership mechanism of this entrepreneurship of military cooperation for peace. The Parties consider "Cruz del Sur" one of the most representative samples of the degree of depth that has acquired integration between the two States.

Rule 23

The Parties agree that the Standing Committee on Argentine-Chilean Security (COMPERSEG), created by the "Memorandum of Understanding between the Argentine Republic and the Republic of Chile for the Strengthening of Cooperation in the Field of Mutual Interest Security", signed on 8 November 1995 and the Mechanism for Consultations of the Ministers for Foreign Affairs and Defence of both States, will continue to strengthen their respective spheres of action.

Article 24

Under Article 1, subparagraph (g) and Article 2 of this Treaty, the Parties shall prioritise the holding of supplementary protocols specific to this Treaty, relating to the implementation of those road and/or rail infrastructure projects that they consider to be of strategic interest to the binational integration process.

To that end, the Parties may establish Binational Entities of a public nature. The Parties shall agree on the legal structure, composition and competencies of such Entities, which, among other matters, may carry out the necessary procedures for the conduct of technical studies, the development of documentation for the recruitment of work, the construction of works and their subsequent administration and operation.

Article 25

Bearing in mind that the free movement of persons constitutes a fundamental objective of the integration process, the Parties establish, through a Supplementary Protocol, in accordance with Article 2 of this Treaty, a Ad Hoc Working Group, composed of the competent national authorities and coordinated by the Ministries of Foreign Affairs of both Parties for the adoption of a draft General Agreement on Free Movement of Persons, with a view to the full operation of the objective provided for in Article 1, paragraph I.

Article 26

Without prejudice to the work of the Ad Hoc Working Group to achieve a draft General Agreement on Free Movement of Persons, the Parties shall advance through their competent bodies in the development of initiatives aimed at free movement, in such areas as migration cooperation, integrated border control, customs facilitation and improvement of border infrastructure, among others.

CHAPTER III

COMPLEMENTARY MECHANISMS FOR BINACIONAL INTEGRATION

Article 27

The Permanent Binational Business Council, established by the Inter-Agency Agreement of 17 October 2005, and integrated by an equitable national representation of the business organizations of the two States, may make recommendations to the Binational Commission on Trade, Investment and Economic Relations, aimed at promoting integration in the area of its competence.

Rule 28

The Parties agree to the creation of a Binational Forum on "Works, Employment and Social Security" consisting of representatives of the Ministries of Labour of both countries with a view to deepening the exchange, cooperation and integration in the matters mentioned. The forum will promote the consultative participation of workers ' and employers ' organizations in a comprehensive social dialogue framework.

Rule 29

The Parties will encourage the establishment of a civil society representative consultative council to promote its active participation in the binational integration process.

CHAPTER IV

BINACIONAL COOPERATION

Article 30

Binational Cooperation will be aimed at:

a. Define and promote bilateral cooperation programmes, projects and activities under the 1994 Basic Convention on Technical and Scientific Cooperation and other existing agreements.

b. Continue to promote cooperation with third countries as a mechanism to promote, coordinate and implement programmes and projects of cooperation of interest to both States in the field of South-South geographical cooperation and triangular cooperation.

c. To promote and monitor the decentralized cooperation bodies existing among Parties, in accordance with the internal political organization of each Party.

Rule 31

The Parties shall, in order to facilitate and consolidate the cooperation initiatives set out in the preceding Article, take progressively the following actions:

a. Promote and organize mutual visits by high-level officials from national Governments, the Argentine provinces and the Chilean regions to strengthen knowledge and dialogue on issues of common concern.

b. To promote the opening in their respective territories of centers that represent the Argentine provinces and the Chilean regions in order to promote tourism activity with emphasis on integrated social tourism, economic-commercial activities aimed at productive integration, cultural and sport exchange, the educational offer, among other objectives, that strengthen integration.

c. To promote the twinning between cities and localities of the two States, through the exchange of experiences of government, economy, education and culture or other issues of common interest to the municipal administration.

d. Promote policies to preserve and revitalize historical-cultural heritage, including immaterial heritage, promoting the harmonization of applicable standards and their effective implementation in the recovery of illicitly acquired and/or traded cultural property, as well as coordination between migration, customs and security authorities of the Parties, based on existing bilateral and multilateral agreements.

CHAPTER V

ACADEMIC COOPERATION

Rule 32

The Parties reiterate the importance of the participation of higher education institutions in the integration process, urging them to continue to promote agreements between public and private universities, with the aim of:

a. To encourage the exchange of experiences and information among university educational authorities that will enable the development and scientific and technological innovation projects of common interest.

b. Facilitate the exchange of specialists and existing bibliographic material.

c. Establish a system of internships and exchange of teachers and university students.

d. Offering shared postgraduate courses and organizing common seminars and conferences or other modalities that universities agree with each other, as well as within the framework of proposals made by the Integration Committees.

Rule 33

The Parties agree to gradually and progressively coordinate the cooperation and joint work of national academies in order to develop the foundations for global research and collaboration projects aimed at cultural and scientific consolidation.

CHAPTER VI

Cooperation in science and technology

Rule 34

The Parties will continue to work in the field of scientific and technological cooperation in priority areas on the basis of the following actions:

a. Creation of a joint network of research and technology transfer centres and the promotion of science and technology.

b. Implementation of joint research, development and scientific and technological innovation projects, including seminars and postgraduate courses for academic training.

c. Articulation of a common strategy for the creation of common science, technology and innovation policies and tools through the exchange of good practices and human resource training.

d. Establishment of joint actions on the dissemination and valuation of science and technology, through seminars, workshops, congresses, forums or other bodies that allow the dissemination and strengthening of scientific and technological networks.

CHAPTER VII

COOPERATION IN PRODUCTION FOR DEFENS

Rule 35

The Parties shall develop, within three (3) years, a Bilateral Programme of Cooperation in the Field of Production for Defence, from joint projects that include land, naval and aviation areas.

Article 36

The cooperation set out in the preceding chapters should be developed in accordance with the actions determined by the other Commissions, Subcommissions, Integration Committees and other binational joint groups, with specific competence in culture, education, science and technology, environment and sustainable development that support the binational integration process.

The Parties may establish other committees or working groups for the identification, collaboration, dialogue and development of projects in areas of mutual concern, such as agriculture, fisheries, aquaculture, forestry, agro-industry, agro-food, biofuels, peaceful use of nuclear energy and space cooperation.

CHAPTER VIII

COOPERATION CONSULAR

Rule 37

The Parties decide to incorporate into this Treaty the principle of mutual consular assistance and protection of their nationals in the territory of third States in which one of them has no consular representation. The Parties shall, within (1) one year, agree on a specific agreement for the operationalization of a cooperation mechanism that meets the objectives already stated.

CHAPTER IX

FINAL PROVISIONS

Rule 38

This Treaty shall enter into force thirty (30) days after the date of the last note by which the Parties communicate by diplomatic means the fulfilment of the necessary domestic requirements for its entry into force.

This Treaty shall have an indefinite duration and may be denounced by any Party. In the latter case, the complaint shall take effect six (6) months after the receipt of the note that communicates it through diplomatic channels.

TRANSITORY PROVISION

Rule 39

The Parties, through their respective Ministries of Foreign Affairs, shall, where appropriate, review and adapt the objectives and mechanisms of operation of the binational commissions, subcommittees and working groups in order to make them compatible with the provisions of this Treaty.

HECHO in Maipú, Republic of Chile, at thirty days, of October of the year two thousand nine, in two original copies, being both equally authentic.

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COMPLEMENTARY PROTOCOL TO THE MAIPU OF INTEGRATION AND COOPERATION AGAINST THE ARGENTIN REPUBLIC AND CHILE REPUBLIC ON THE CONSTITUTION OF BINACIONAL ENTITY FOR THE PROJECT "TUNEL INTERNATIONAL PASO DE AGUA NEGRAD"

The Argentine Republic and the Republic of Chile (hereinafter the "Parties"), within the framework of the Maipú Treaty on Integration and Cooperation between the Argentine Republic and the Republic of Chile and taking into consideration the provisions of Articles 1 (g) and 24, with regard to the objectives set forth by both States in the field of deepening and promoting infrastructure works of a railway and road character, aimed at increasing connectivity and ultimately the integration of both countries;

Reaffirming the desirability of agreeing on a set of conditions that serve as a suitable channel for determining the feasibility and eventual development of the project "International Tunnel Paso de Agua Negra";

Remember:

ARTICLE I

The Parties undertake to intensify, through their respective competent authorities, the consideration of issues related to the design, construction, maintenance, administration and exploitation of the project called "International Black Water Tunnel" henceforth the "Project".

ARTICLE II

The Parties establish a Binational Entity, which shall consist of at least six members, three of them appointed by the Argentine Republic, on the proposal of the Ministry of Foreign Affairs, International Trade and Worship, the Ministry of Federal Planning, Public Investment and Services and the Government of the Province of San Juan; and three appointed by the Republic of Chile, one on the proposal of the Ministry of Foreign Affairs and two by the Ministry of Public Works.

The Binational Entity may incorporate new members by consensus. It may also invite other authorities to participate.

ARTICLE III

It will be the responsibility of the Binational Entity:

(a) To review the technical studies necessary for the feasibility of the Project, and to carry out the additional and/or complementary studies and analyses that it deems appropriate in technical, economic, financial, environmental and legal terms of the Project;

(b) Require from the agencies of both Governments all the technical assistance and all the information it deems necessary for the fulfilment of its purposes.

ARTICLE IV

If based on the results of the technical studies, the Parties decide to perform the work, the Entity shall have the following competences:

(a) To collect the necessary backgrounds in order to develop the corresponding folds for the realization of the Project;

(b) Proceed to the public tender and award the project;

(c) Once the Project has been awarded, act as a control agency, per se or through third parties, assuming for that purpose the regulatory and supervisory functions necessary to verify the performance of the contract over its period of validity;

(d) Require from the agencies of both Governments all the technical assistance and all the information it deems necessary for the fulfilment of its purposes.

The powers enumerated in this Protocol are not taxative in nature, all those powers which are implicit and inherent in the fulfilment of the specific mission of the Binational Entity are included in the same.

ARTICLE V

The Parties shall agree through specific agreements on such facilitations as may be required for the implementation of the Project and/or to preserve and ensure the purposes provided for in this Protocol.

ARTICLE VI

In the event of differences in the interpretation and application of this Protocol, the Parties shall seek to resolve them through direct negotiations.

ARTICLE VII

The present Protocol shall enter into force thirty (30) days after the date of the last note by which the Parties shall communicate by diplomatic means the fulfilment of the necessary internal requirements for approval.

ARTICLE VIII

The Binational Entity shall be constituted within thirty (30) days of the entry into force of this Protocol. Once the Binational Entity has been established, it must issue its own Regulations.

Made in Maipú, Republic of Chile, on the thirty days of October of two thousand nine, in two copies, both equally authentic.

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COMPLEMENTARY PROTOCOL TO THE MAIPU OF INTEGRATION AND COOPERATION BETWEEN THE ARGENTIN REPUBLIC AND CHILE REPUBLIC ON THE CONSTITUTION OF BINACIONAL ENTITY FOR THE PROJECT "TUNEL DE BAJA ALTURA - FERROCARRIL TRASANDINO CENTRAL"

The Argentine Republic and the Republic of Chile (hereinafter the "Parties"), within the framework of the "Tratado de Maipú de Integración y Cooperación entre la República Argentina y la República de Chile" and taking into consideration the provisions of Articles 1 (g) and 24, with regard to the objectives set forth by both States regarding the deepening and promotion of infrastructure works of a railway and road character, aimed at increasing connectivity and ultimately the integration of both countries;

Reaffirming the desirability of agreeing on a set of conditions that serve as a suitable channel for determining the feasibility and eventual development of the Tunnel de Baja Altura - Ferrocarril Trasandino Central, a private initiative declared of public interest by both Parties;

ARTICLE I

The Parties undertake to intensify, through their respective competent authorities, the review of the issues related to the design, construction, maintenance, administration and exploitation of the Tunnel de Baja Altura - Ferrocarril Trasandino Central, henceforth the "Project".

ARTICLE II

The Parties create a Binational Entity that will be composed, at least six members, three of them appointed by the Argentine Republic .a proposal of the Ministry of Foreign Affairs, International Trade and Worship; of the Ministry of Federal Planning, Public Investment and Services and of the Government of the Province of Mendoza;; and three appointed by the Republic of Chile .a proposal of the Ministry of Foreign Affairs and the Ministry of Public Works..

The Binational Entity may incorporate new members by consensus. It may also invite other authorities to participate.

ARTICLE III

It will be the responsibility of the Binational Entity:

(a) To review the technical studies necessary for the feasibility of the Project, and to carry out the additional and/or complementary studies and analyses that it deems appropriate in technical, economic, financial, environmental and legal terms of the Project;

(b) Require from the agencies of both Governments all the technical assistance and all the information it deems necessary for the fulfilment of its purposes.

ARTICLE IV

If based on the results of the technical studies, the Parties decide to perform the works, the Entity shall have the following competences:

(a) To collect the necessary backgrounds in order to develop the corresponding folds for the realization of the Project;

(b) Proceed to the public tender and award the project;

(c) Once the Project has been awarded, act as a control agency deper is or through third parties a, assuming for that purpose the regulatory and supervisory functions necessary to verify the performance of the contract throughout its period of validity;

(d) Require from the agencies of both Governments all the technical assistance and all the information it deems necessary for the fulfilment of its purposes.

The powers enumerated in this Protocol are not taxative in nature, all those powers which are implicit and inherent in the fulfilment of the specific mission of the Binational Entity are included in the same.

ARTICLE V

The Parties shall agree through specific agreements on such facilitations as may be required for the implementation of the Project and/or to preserve and ensure the purposes provided for in this Protocol.

ARTICLE VI

In the event of differences in the interpretation and application of this Protocol, the Parties shall seek to resolve them through direct negotiations.

ARTICLE VII

The present Protocol shall enter into force thirty (30) days after the date of the last note by which the Parties shall communicate by diplomatic means the fulfilment of the necessary internal requirements for approval.

ARTICLE VIII

The Binational Entity shall be constituted within thirty (30) days of the entry into force of this Protocol. Once the Binational Entity has been established, it must issue its own Regulations.

Made in Maipú, Republic of Chile, on the thirty days of October of two thousand nine, in two original copies, both equally authentic.

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