MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES FOR THE PROVISION OF HUMANITARIAN ASSISTANCE
The Government of the Federative Republic of Brazil and The Office of the United Nations High Commissioner for Refugees (hereinafter referred to as the “Parties”),
Whereas the mandate of the Office of the United Nations High Commissioner for Refugees (hereinafter referred to as “UNHCR”) is to protect and assist refugees and other persons of its concern world-wide, and to seek durable solutions to their plight;
Whereas UNHCR is firmly committed to support and contribute to the humanitarian reform initiative and in this context to become the lead agency for Protection, Emergency Shelter, Camp Coordination and Camp Management and provide a more predictable and consistent response to the needs of conflict-generated Internally Displaced Persons;
Whereas the Government of the Federative Republic of Brazil has an interest in promoting and contributing to offer humanitarian assistance to persons in need of international protection and to other persons falling within UNHCR’s mandate;
Whereas the Government of the Federative Republic of Brazil and UNHCR are convinced of the importance of a joint co-operation to pursue this common objective by establishing mechanisms to contribute to its achievement;
Whereas the Government of the Federative Republic of Brazil has decided to make emergency voluntary funding contributions to UNHCR’s humanitarian assistance programmes and activities to specific countries affected by disasters, conflicts and food and nutrition insecurity;
Bearing in mind their humanitarian interest in the world and the reciprocal advantages which would result from their joint co-operation to pursue these objectives;
Have reached the following understanding:
Article I – Purpose
(a) The purpose of this Memorandum of Understanding is to describe and confirm the relations between the Government of the Federative Republic of Brazil and UNHCR with regard to UNHCR’s humanitarian assistance programmes financed by the Government of the Federative Republic of Brazil through emergency voluntary contributions.
(b) When they deem it necessary to do so, the Parties may reach additional agreements on co-operation in the field of protection and assistance to refugees and other persons of concern and in the field of durable solutions.
Article II – Meetings
The Parties agree to meet regularly to review their co-operation and the implementation of this Memorandum of Understanding. Ad-hoc meetings may be called by either Party as the need arises to review matters of mutual interest.
Article III – Financing
(a) The Government of the Federative Republic of Brazil is committed to provide funding to UNHCR in support of its annual programme budget, guided by UNHCR’s Global Strategic Objectives, as approved by UNHCR’s Executive Committee of the High Commissioner’s Programme (hereinafter referred to as the “Executive Committee”) and highlighted in UNHCR’s Global Appeal, and subsequent Supplementary Appeals.
(b) The Government of the Federative Republic of Brazil is committed to support UNHCR’s Junior Professional Officer Programme in order to allow Brazilian nationals to gain working experience in UNHCR Headquarters and field offices, in the fields of protection and the provision of humanitarian assistance in various emergency and special programmes.
(c) The funds that will be donated are authorized by the Federal Government Budgetary Law 2010 from the budget of the Brazilian Ministry of External Relations under the Programme 07.211.1264.2D28.0001 item 3380.4100.
(d) The Government of the Federative Republic of Brazil will advise UNHCR at the annual UN Pledging Conference of its initial pledge to be contributed to UNHCR’s Programme, as approved by the Executive Committee, in the following year. The Government of the Federative Republic of Brazil and UNHCR will consult on the activities to be funded.
(e) The Government of the Federative Republic of Brazil will provide UNHCR with the date of the transfer of funds to facilitate UNHCR’s cash flow planning.
(f) Expenditure of contributions made by the Government of the Federative Republic of Brazil to UNHCR shall be governed by the financial rules applicable to UNHCR, including the Financial Regulations and Rules of the United Nations and the Financial Rules for Voluntary Funds administered by the High Commissioner for Refugees (hereinafter jointly referred to as the “UNHCR Financial Rules”).
(g) Any interest accruing from cash balances will be recorded in accordance with the UNHCR Financial Rules and used for humanitarian assistance activities approved by the Executive Committee.
Article IV – Monitoring
UNHCR will provide to the Government of the Federative Republic of Brazil the opportunity to participate in annual donor missions to visit UNHCR’s field operations relating to humanitarian aid activities. Any costs relating to visits by the staff of the Government of the Federative Republic of Brazil shall be covered by the Brazilian Party.
Article V – Reporting
UNHCR will report on the implementation of programmes funded by the Government of the Federative Republic of Brazil as follows:
a) within 3 months of the transfer of the funds, UNHCR’s country office will provide the Brazilian embassy in the receiving country with a brief inception report on the operation, including the number of beneficiaries and initial progress of implementation.
b) within 6 months of the end of the programme, UNHCR will submit to the Government of the Federative Republic of Brazil its annual Global Report, which shall report on the operation supported by Brazil. For emergency voluntary contributions of USD 500,000 or higher, a specific report will be submitted with information on the number of beneficiaries, implemented activities and their impact, and an assessment of the operation.
Article VI – Audit
(a) UNHCR will account for the use of all contributions received from the Government of the Federative Republic of Brazil at the annual session of the Executive Committee through the documentation presented at the Executive Committee.
(b) Financial transactions relating to this Memorandum of Understanding will be subject exclusively to internal and external audit as provided in the UNHCR Financial Rules.
Article VII – Settlement of disputes
Any dispute arising out of or relating to the implementation or application of this Memorandum of Understanding shall be settled amicably by direct negotiation between the Parties.
Article VIII – Amendments
If applicable, this Memorandum of Understanding may be amended at the request of either Party with the written consent of the Parties through the exchange of diplomatic notes.
Article IX – Termination
(a) Either Party may give notice in writing to the other Party that it wishes to terminate this Memorandum of Understanding.
(b) The termination shall take effect six months after the date on which the other Party has received the notice of termination. The termination will not affect the commitments made by either Party at the time when this Memorandum of Understanding was still in force.
Article X – Liaison and Correspondence
(a) The Parties’ respective offices responsible for co-ordinating all matters relating to this Memorandum of Understanding are:
For the Government of the Federative Republic of Brazil: Permanent Mission of Brazil to the United Nations in Geneva
For UNHCR: Donor Relations and Resource Mobilization Service (DRRM)
(b) All correspondence relating to this Memorandum of Understanding shall be forwarded through the Permanent Mission of the Government of the Federative Republic of Brazil in Geneva.
Article XI – Effective Date and Duration
This Memorandum of Understanding will enter into force upon its signature and shall remain in force for a period of two years.
Done in Geneva, Switzerland, on 13th September 2010, in duplicate, in the Portuguese and English languages. In case of differences in translation, the English language version shall prevail.
The Government of The Federative Republic of Brazil
Celso Amorim – Minister of External Relations
The Office of The United Nations High Commissioner for Refugees
United Nations High Commissioner for Refugees