MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (herein referred to as the Memorandum) is concluded between the:

Ministry of Agriculture

Veterinary and Food Department

Republikas sq. – 2

Riga, LV – 1981

Latvia

and

United Nations Environment Programme (UNEP)

P.O. Box 30552

Nairobi

Kenya

1. The purpose of this Memorandum of Understanding is to be the instrument for Latvia to participate in the project, “Building Capacity for Effective Participation in the Biosafety Clearing-House (BCH)” hereafter referred to as the BCH project.

2. This project is an add-on project of the GF/6010-01-01 “UNEP-GEF Project on Development of National Biosafety Frameworks” hereafter referred to as the development project.

Under the terms of this Memorandum, it is hereby agreed that:

3. The Ministry of Agriculture Veterinary and Food department hereafter referred to as the NEA, agrees to execute the national level activities of the BCH project as follows, including all benefits and responsibilities arising from this participation. As part of its obligations, the NEA agrees to ensure that the necessary national mechanisms for participation in the Biosafety Clearing-House are set to operate well beyond the scope and duration of the present MoU. The NEA will ensure continuity and sustainability of such mechanisms.

4. The NEA agrees to establish a Biosafety Clearing House (BCH) Task Force to assist in the implementation of the project at a national level. A list of the initial members is attached in Annex 2, Form1. Should the composition of the Task Force be altered at any point in the future, the NEA will communicate the contact details of the members and any other relevant information regarding the BCH Task Force to UNEP-GEF BCH Team within one month.

5. The Project Implementation Unit of the National Biosafety Development Project under the umbrella of Ministry of Agriculture will serve as the Project Implementation Unit for the project “Building Capacity for Effective Participation in the Biosafety Clearing-House (BCH)” hereafter referred to as Biosafety Project Unit.

6. The NEA will communicate to the UNEP-GEF BCH Team the current national situation relating to the staffing and equipment needs and the requirements to operate the BCH, as assessed by the BCH Task Force. Information on any support that has been received through Development project or any other relevant source of funding, national or external are included (attached in Annex 2 as Form 2 and 3).

7. A detailed cost estimate for the purchase of equipment and other related costs, as well as for the implementation of national-level workshop(s), have been prepared and reviewed by the UNEP-GEF Biosafety Team, in Geneva (attached in Annex 2, Form 4 and 5). Such cost information constitutes the basis of calculation for the value of this MoU.

8. Based on the above, the NEA, through the Biosafety Project Unit will procure, in line with national legislation of the NEA, equipment for a value up to USD 7,000 (attached in Annex 2 as Form 4 A), covering specific resource requirements for set up and maintenance in terms of Internet connectivity, personnel costs, security, maintenance costs, hardware and software for the BCH.

9. The Government contribution in-kind for the BCH Project will constitute the following: Technical and professional assistance, equipment maintenance, working space, personnel and consultations. The total amount of the Government contribution in-kind will constitute USD 15,398 (attached in Annex 2 as Form 4 D, E and F).

10. In order to ensure the National Building Capacity for Effective Participation in the Biosafety Clearing-House (BCH) Project implementation, training workshops and other activities will be held during the project. The training component cost of the project will constitute USD 9,461 (attached in Annex 2, as Form 4 B).
The NEA, under the leadership of the BCH Task Force, prepared a cost plan (attached Form 4), covering the organization and implementation of nBCH national level training workshops on the use of the BCH with the support of experts trained through the UNEP-GEF BCH project, and nBCH workshops on the BCH databases, and regulatory development, as well as nBCH Task Force meetings. This plan outlines the training strategy, content and resources to be used, and justifies the choices made as well as the number of workshops/training sessions organized. Participants will be selected among representatives from relevant government agencies and departments, who will have a key role in either (i) making policy decisions about the national BCH or (ii) using and administering the BCH to fulfill national obligations (e.g., certain members of the National Coordinating Committees formed under the National Biosafety Framework project or similar bodies).

11. The total cost of the National “Building Capacity for Effective Participation in the Biosafety Clearing-House (BCH)” is USD 31,859 inclusive: GEF Contribution – USD 16,461 and Government contribution in-kind – USD 15,398.

12. The NEA, through the BCH Task Force will also account to UNEP for the use of funds by providing the following upon completion of the procurement activities:

a. A complete inventory of equipment purchased with invoice details and confirmation that insurance contracts and guaranties are in place (use BCH Form 6 in Handbook).

b. Proof of BCH setup functionality, by providing the results of a test BCH communication (use BCH Form 7 in Handbook).

c. At the end of the Project a Request for Transfer of Equipment will be submitted to the UNEP-GEF BCH project management for approval, to ensure the sustainability of the equipment and service, taking into consideration the maintenance costs and the obligations of the recipient institution(s) for the equipment.

13. The BCH Task Force and the NEA will continuously ensure that the needs and requirements for equipment and staffing for the National BCH operation are fulfilled for the full participation of the country into the Protocol.

14. Upon completion of the (workshop/series of workshops), the BCH Task force will provide the UNEP-GEF BCH Project with a detailed report outlining the activities implemented, successes and lessons learned (use BCH Form 8 in Handbook).

15. Failure to comply with the UNEP procedures governing the use of the funds may lead to UNEP halting further funding under the current MoU as well as other UNEP funded biosafety related activities, and/or may lead to a request for the reimbursement of the funds allocated for this purpose to the NEA.

16. Upon completion of all activities under this MoU, the BCH task force will produce a revised BCH strategy document. This document will outline the choices made in setting up national access for the BCH in accordance with specific country needs. This analysis will take into account the need to commit to standard operating procedures in relation to the central portal of the BCH, the country’s needs and its ability to meet the corresponding commitments. The strategy will also address the need to ensure continuity and sustainability of fulfillment of obligations related to the Biosafety Clearing-House, once the project has ended. This will constitute a further elaboration on the initial formulation of this strategy made at the very beginning of the entry into force of this MoU, revisited and completed as activities are being implemented. A final document will be produced at the end of the operational period of this MoU.

17. The acceptance of this report by UNEP-GEF BCH project management will signal the operational closure of the present MoU.

18. In support to the national level activities, the UNEP-GEF BCH project will:

a. Provide funding for the national level activities, to the amount specified in the present MoU.

b. Provide advisory services both at the technical and strategic levels for the implementation of the national level activities, and monitor the progress of such activities in order to comply with Donor and UN rules and regulations.

c. Assist countries in implementing the initial equipment set-up, including, where required intranet and Internet connectivity.

d. Ensure access to trained regional experts able to assist the BCH Task Force and the NEA:

• In making a choice for national participation in the BCH

• In delivering training workshops with national counterparts to train up to 20 participants in the use and access of the BCH

• In assisting in setting-up and ensuring that the choice of national BCH access is operational.

Expertise will be made available through the use of a roster of consultants, which will be accessed within resource availability, based on written requests (use BCH Form 9 in Handbook).

19. In addition, as part of its global level responsibilities, the UNEP-GEF BCH project will:

a. In close collaboration with the CBD Secretariat, establish a roster of qualified consultants. Consultants will qualify based on their expertise relevant to information technology, training experience, the Cartagena Protocol and the BCH concept. The consultants will be available to support countries in their BCH training activities.

b. Develop and disseminate an interactive computer-based training package including the BCH toolkit. This training package will ensure that the materials and content of national BCH components are consistent with the central portal of the BCH, and the package will be used for training and distribution in participating countries. Components of this package may include an interactive guide to the central BCH-portal, a Biosafety Clearing House database template that could be used with existing software programs to store data at a national level in the BCH common formats, including a mechanism provi­ding functions to export data to the BCH central portal through the use of various media, including Internet and CD-ROMs, a
training package and a user-friendly computer based training manual.

20. In accordance with the implementation provisions set above, UNEP shall pay the NEA directly a sum not exceeding USD 16,461 based on the accepted cost plans identified above and the attached budget in Annex I. The funds shall be remitted under the following payment modality:

a) 75 % upon signature of this Memorandum, and

b) 25% upon receipt of the revised BCH strategy document, submission of the final financial statement and all supporting documents as outlines in clause 9 and 14 above.

to the following bank account: Banking details to be provided later (Please see attached e-mail correspondence)

Supporting Organization:	Ministry of Agriculture Republic of Latvia
Name & Address of Bank:	Treasury of Latvia, Smilsu iela 1
Bank Account Name:	Biosafety Clearing House
Bank Account Number:	LV37TREL049101000000A
Swift code:	TRELLV22
Correspondent Bank Name:	Parex Bank
Address:	Smilsu iela 3
Routing Code:	PARXLV22
Account No:	LV87PARX0000624870002

21. The NEA, through the Biosafety Project Unit will maintain a separate account for any disbursements pertaining to this Memorandum and shall submit to UNEP on or before the release of the final 25% payment a detailed breakdown of expenditures incurred, duly certified by an authorized official of the NEA. The expenditures will be reported by object of expenditure as per the attached budget (Annex I) of this Memorandum. Any portion of cash advances remaining unspent or uncommitted by the NEA on completion of the activities under this Memorandum will be reimbursed to UNEP within one month of the presentation of the expenditure report. In the event of any delay in such reimbursement NEA will be financially responsible for any adverse movement in exchange rates.

22. The NEA shall retain, for a period of three years, all supporting documentation relating to financial transactions under this Memorandum. If requested, the NEA shall facilitate an audit by the United Nations Board of Auditors and/or the Internal Audit Service of the accounts of the Memorandum.

23. The question of the title rights, copyright, royalties all other rights of whatsoever nature in any material produced under the provisions of this agreement shall be agreed upon by UNEP and the NEA.

24. All correspondence regarding this Memorandum between the NEA and UNEP should be addressed to:

At NEA:

Inese Aleksejeva

Deputy Head of Division of Biotechnology and Novel Food

Ministry of Agriculture

Republikas sq. – 2

Riga, LV – 1981

Email: Inese.Aleksejeva@zm.gov.lv

Phone: +371 67027069

Fax: +371 67027205

At UNEP:

Jyoti Mathur-Filipp

Task Manager

Biosafety Clearing House Project

UNEP-GEF Biosafety Unit

15 Chemin des Anemones

1219 Chatelaine

Geneva

Email: jyoti@unep.ch

Phone: +41 22 917 8405

Fax: +41 22 917 8070

All correspondence regarding administrative and financial matters should be addressed to:

David Hastie

Chief, Budget and Financial Management Service

United Nations Office at Nairobi

P. 0. Box 67578

00100 Nairobi, Kenya

Tel: +254-20-7623821

Fax: +254-20-7623755

With a copy to:

Lydia Eibl-Kamolleh

FMO Biosafety

P.O. Box 30552

UNEP/GEF Nairobi

00100 Nairobi/Kenya

Email: Lydia.Eibl-Kamolleh@unep.org

Tel: +254-20-762 41 46

Fax: +254-20-762 40 41 or 762 40 42

25. The NEA shall indemnify, hold and save harmless and defend at its own expense UNEP, its officers, agents and employees from and against all suits, claims, demands and liability of any nature or kind, including costs and expenses arising out of negligent misconduct of the NEA or its employees ‘in the performance of the terms of this Memorandum.

26. The NEA shall be considered as having the legal status of an independent contractor, Agents or employees of the NEA and shall not be considered in any respect as being officials or staff members of UNEP.

27. The NEA shall neither seek nor accept instructions from any authority external to UNEP in connection with the performance of its services under this Memorandum. The NEA shall refrain from any action which may adversely affect UNEP or the United Nations and shall fulfill its commitments with fullest regard for the interest of the United Nations.

28. Any controversy of claim arising out of, or in accordance with this Memorandum or breach thereof, shall, unless it is settled by direct negotiation be settled in accordance with UNCITRAL Arbitration Rules as at present in force. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy or claim.

29. Nothing in or relating to this Memorandum shall be deemed a waiver of any of the privileges and immunities of the United Nations.

30. This Memorandum shall be in effect from the date of signature to the release of the final payment, by which time the revised BCH strategy document, submission of the final financial statement and all supporting documents have been received and approved by the UNEP-GEF BCH project management, estimated to be completed within 18 months.

31. This Memorandum may be terminated by either party before the expiry date of the Contract by giving notice in writing to the other party. The period of notice shall be thirty days.

32. In the event of the Memorandum being terminated prior to its due expiry date in this way, the NEA shall be compensated on a pro rata basis for no more than the actual amount of work performed to the satisfaction of UNEP. Additional costs incurred by UNEP resulting from the termination of the Memorandum by the NEA may be withheld from any amount otherwise due to the NEA from UNEP.

33. No change in or modification of this Memorandum shall be made except by prior written agreement between UNEP and the NEA. The NEA shall not assign, transfer, pledge, sub-contract or make other disposition of this Memorandum or any part thereof, or of any of the NEA’s rights, claims or obligations under this Memorandum except with the prior written consent of UNEP.

Signatures
For Republic of Latvia Ministry of Agriculture ……………………………	For UNEP …………………………………………………
Mr. Martins Roze Minister of Agriculture Republic of Latvia	Mr. David Hastie, Deputy Director, Division of Administrative Services, and Chief, Budget and Financial Management Service (BFMS) United Nations Office at Nairobi
Date: 20.12.2007	Date: 28.12.2007

Annex I Budget

Annex II Forms

Form 1 Notification of the nomination of the bch task force

Form 2 Choice of national bch system

Form 3 National assessment of locally available bch assets and requirements

Form 4 Detailed costing of proposed national bch system

Form 5 Proposed bch training plan

 

Annex I

Memorandum of Understanding between UNEP and Ministry of Agriculture

Annex II

Form 1

Notification of the Nomination of the BCH Task Force

Form 2

Choice of National BCH System

Form 3

National Assessment of locally available BCH Assets and Requirements

 

Form 4

Detailed Costing of proposed national BCH System

Form 5

Proposed BCH Training Plan