Calexico East Port of Entry between Calexico, California and Mexicali, Baja California. (Source: FHWA)
The Department of Transportation of the United States of America and the Secretaría de Comunicaciones y Transportes of the United Mexican States, together hereinafter the "Parties,"
Considering the existing commercial relations between the two Parties which will continue to develop with the implementation of the North American Free Trade Agreement;
Recognizing the need for a well-coordinated transportation planning process along the border between their respective countries; and
Desiring to establish and implement procedures for coordination of border transportation planning;
Have agreed to the following:
ARTICLE I - PURPOSE
The Parties intend to cooperate on land transportation planning and to establish methods and procedures to analyze current and future highway transportation infrastructure needs to facilitate efficient, safe and economical cross-border transportation movements.
ARTICLE II - GOALS
The Parties agree.
ARTICLE III - JOINT WORKING COMMITTEE
In accordance with Appendix I of this Memorandum of Understanding, the Parties will establish a Joint Working Committee consisting of at least 20 members as follows:
One representative for the Department of Transportation and one representative form the Secretaría de Comunicaciones y Transportes will serve as co-chairs for the Joint Working Committee. Other Federal and State transportation representatives may be included, as appropriate and as decided by the parties, in the Joint Working Committee.
The participation of the representatives form the border States shall be governed by the constitutional precepts of their respective country.
ARTICLE IV - AUTHORITY OF JOINT WORKING COMMITTEE
The Joint Working Committee will develop its own operating procedures.
Each Party may retain independently one or more consultants to develop border highway transportation plans and programs.
The Joint Working Committee shall not provide consensus advice on matters of national policy to the Parties.
ARTICLE V - TRANSPORTATION PLAN AND PROGRAM
The Joint Working Committee will analyze, develop, and coordinate border transportation plans and programs reflecting the needs of both countries.
The U.S. members of the Joint Working Committee will be responsible for the U.S. portion of the Transportation Plan and Program and the Mexican members of the Joint Working Committee will be responsible for the Mexican portion of the Transportation Plan and Program.
The proposed work will be conducted in at least two phases, as indicated in Annex II [Appendix II] of the Memorandum of Understanding.
ARTICLE VI - RESPONSIBILITY OF THE PARTIES
Each Party will contribute towards the budget of the Joint Working Committee by paying its respective costs. The activities undertaken pursuant to this Memorandum of Understanding shall be subject to the availability of funds.
ARTICLE VII - DISPUTE RESOLUTION
Any differences arising from the interpretation or application of this Memorandum of Understanding will be resolved by agreement of the Parties. Any differences arising from the interpretation or application of the Appendices to this Memorandum of Understanding will be resolved by agreement of the Joint Working Committee.
ARTICLE VIII - EFFECT AND TERMINATION
This Memorandum of Understanding will go into effect on the data of signature.
Either Party may terminate the memorandum of Understanding or any of its Appendices at any time by providing ninety days notice in writing to the other Party. The termination of the Memorandum of Understanding will not affect any cooperative activities taken pursuant to Appendix II that are initiated prior to such termination unless the parties agree otherwise in writing.
ARTICLE IX - MODIFICATIONS
The parties may modify this Memorandum of Understanding by written, mutual agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Memorandum of Understanding.
DONE at Washington, D.C., in duplicate, this 29th day of April, 1994, in the English and Spanish languages, each text being equally authentic.
APPENDIX I - COMPOSITION OF THE JOINT WORKING COMMITTEE
The Department of Transportation of the United States of America proposes:
The Secretaría de Comunicaciones y Transportes of the United Mexican States proposes:
APPENDIX II - DEVELOPMENT OF TRANSPORTATION PLANS AND PROGRAMS
The Joint Working Committee will develop transportation plans and programs in at least two phases.
The Parties, through the Joint Working Committee, will take steps to achieve a smooth transition between Phase I and Phase II, including examining the possibility of retaining one consultant for both phases.
The Joint Working Committee will be responsible for planning activities that address long-term growth patterns, the creation of coordinated planning data sets, and other important border highway transportation planning information. Such activities will enable States on both sides of the border to better coordinate access and egress roads, potential border crossings, efforts to alleviate vehicular traffic congestion, and other border infrastructure needs.
For purposes of coordination and information, the Joint Working Committee will keep the United States-Mexico Bilateral Committee on Bridges and Border Crossings informed of its findings by formal presentations twice a year and interim reports as necessary.