MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF NATURAL RESOURCES OF CANADA AND THE SECRETARIAT OF ECONOMY OF THE UNITED MEXICAN STATES ON COLLABORATION IN SUSTAINABLE MINERAL RESOURCE DEVELOPMENT

The Department of Natural Resources of Canada and the Secretariat of Economy of the United Mexican States, hereafter referred to as the “Participants”,

Conscious of the importance of a global economy and enhanced market access, trade and investment opportunities for minerals and metals and mining-related goods, services, equipment and technologies;

Recognizing a renewed commitment to share information, foster multistakeholder dialogue and strengthen bilateral cooperation under the Mining Working Group of the Canada-Mexico Partnership;

Recalling the North American Leaders commitment to collaborate with Indigenous communities and leaders to incorporate traditional knowledge in decision‑making, including in natural resource management, where appropriate;

Sharing a commitment to sustainable mineral resource development which generates economic growth, brings prosperity for communities and ensures environmental stewardship;

Seeking to facilitate public-private collaboration and foster constructive multistakeholder dialogue on sustainable mineral resource development;

Considering the strategic importance of developing common approaches in international fora of mutual interest to facilitate market access and the sustainable development of minerals and metals, and building on existing cooperation under the Asia Pacific Economic Cooperation Mining Task Force;

Recognizing that mutual social and economic benefits can be realized by strengthening collaboration and exchanging information, regulatory frameworks, policies and best practices related to the sustainable governance of mineral resources,

Have reached the following understanding:

1. Objectives
   1. This Memorandum of Understanding (MOU) has as objective to promote cooperation between the Participants, through:
      1. the exchange of information, knowledge and technical expertise;
      2. meetings of officials;
      3. collaboration on projects of mutual interest;
      4. joint consultations with industry, academia and other stakeholder groups;
      5. public-private initiatives;
   2. The Participants may carry out cooperative activities for the mutual benefit and support of both countries in the promotion of sustainable mineral resource governance and the development of the minerals and metals sectors and related industries of their respective countries.
2. Areas of Cooperation
   In order to accomplish the purpose of this MOU, cooperation between the Participants may include activities in the following areas:
   1. governance of mineral resources;
   2. trade, investment, and market access;
   3. exchanging geological and mineral information, knowledge, methodologies, and technology related to exploration and development;
   4. corporate social responsibility and socio-environmental issues;
   5. technology and innovation;
   6. cooperation in multilateral fora;
   7. any other area of cooperation the Participants may mutually decide upon.
3. Contact Persons and Communications
   1. The Participants designate to the Minerals and Metals Sector of the Department of Natural Resources and the Undersecretariat of Mining of the Secretariat of Economy, to carry out the follow-up and ensure the execution of cooperation activities developed under this MOU.
   2. The Participants understand that their communications in relation to activities carried out within the framework of this MOU are in writing, through officials they respectively appoint for the purpose of coordinating such activities.
4. Personnel and Costs
   1. The Participants understand that all activities carried out according to this MOU are subject to the availability of their respective resources.
   2. Unless they mutually decide otherwise in writing, the Participants intend to pay for the costs they each incur in conducting activities under this MOU.
   3. The Participants understand that the personnel they designate for the execution of this MOU are intended to continue to work under their respective mandates. Their activities are not intended to create an employment relationship with any other organization or institution.
5. Compliance with Applicable Law
   The Participants are intended to carry out their activities under this MOU in accordance with the applicable laws of the receiving country. The Participants understand that personnel visiting the other Participant to participate in an activity under this MOU may not participate in any activity outside of their duties.
6. Confidentiality and Proprietary Information
   1. The Participants understand that by the nature of their respective operations, they may be involved not only with each other, but also with various third parties, either directly or indirectly, in research and development and technology transfer in various areas, and that as a result of such involvement confidential information may be either generated or obtained from such third parties, which are intended to be regulated in accordance with their respective national laws.
   2. The Participants understand that nothing in this MOU will be construed as requiring them to disclose to one another any confidential information that is proprietary to them or a third party.
7. Meetings and Work Program
   1. To plan and implement the activities to be carried out under this MOU, the Participants intend to jointly develop annual work plans, including objectives, deliverables, expected outcomes, time frames and an analysis of the necessary resources to accomplish them.
   2. The Participants intend to meet annually to review progress and to define elements of the future work program. These meetings will alternate between Canada and Mexico.
8. Interpretation and Application
   The Participants may consult each other, at any time, in order to address any issue regarding the interpretation or application of this MOU.
9. Legal Status
   This MOU is not legally binding.
10. Final Dispositions
    1. This MOU will come into effect on the date of the last signature by the Participants and will remain in effect for a period of five (5) years, which may be extended upon the mutual written consent of the Participants.
    2. The Participants may amend this MOU upon their mutual written consent. Any amendment will be made in writing, specifying its effective date.
    3. Either Participant may terminate this MOU by giving a thirty (30) days written notice to the other Participant.
    4. The Participants understand that, unless they mutually decide otherwise in writing, the termination of this MOU will not affect the conclusion of any activities under this MOU.

Signed in duplicate at Mexico City, on this 1st day of February 2017 in the English, French, and Spanish languages, each version being equally valid.