VZCZCXRO3408
RR RUEHRG
DE RUEHBR #0361/01 0521102
ZNR UUUUU ZZH
R 211102Z FEB 06
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 4589
INFO RULSDMK/DEPT OF TRANSPORTATION WASHDC
RUEHRI/AMCONSUL RIO DE JANEIRO 1568
RUEHSO/AMCONSUL SAO PAULO 6415
RUEHRG/AMCONSUL RECIFE 4363

UNCLAS SECTION 01 OF 04 BRASILIA 000361 
 
SIPDIS 
 
USDOC WASHDC 
 
EB/TRA FOR JEFF HORWITZ 
TRANSPORTATION FOR MICHAEL AVERY 
USDOC FOR 3134/USFCS/OIO/WH/EOLSON 
USDOC FOR 4332/ITA/MAC/WH/OLAC/MWARD 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ELTN EWWT ECON BR
SUBJECT: BRAZIL RESPONSE TO HIGHWAY ADMINISTRATION MEMORANDUM OF 
COOPERATION 
 
¶1. (U) During their visit to Brazil in July of 2005, Federal Highway 
Administration (FHWA) representatives expressed interest in 
deepening ties between Brazilian and American transport authorities. 
The message was reinforced by Department of Transportation (DOT) 
Undersecretary for Policy Jeffrey N. Shane during the Western 
Hemisphere Transportation Initiative (WHTI) meeting in Brazil in 
August 2005.  Subsequently, at the request of the FHWA, post sent a 
draft Memorandum of Cooperation to the Brazilian Ministry of 
Transport on August 30, 2005.  On February 10, Emboffs met with 
Executive Secretary of the Ministry of Transport (MOT) Paulo Sergio 
Oliveira Passos and General Coordinator Jose Newton Barbosa Gama to 
discuss the MOT's written reactions to the Memorandum of Cooperation 
with the Federal Highway Administration. 
 
¶2. (U) Post's review of the MOT's counter-draft shows a number of 
small changes, primarily re-ordering of text.  The most substantive 
change is the MOT's deletion of language in the USG version of 
Paragraph 7 which specifically noted that separate memoranda of 
cooperation or plans could later be embodied in the Memorandum.  In 
discussing this edit with econoff, Gama said that Brazil had no 
specific objection to the language, but did not see any pending 
issues that necessitated its inclusion. 
 
¶3. (SBU) Our February 13 meeting came after months of pursuing a 
response from the Brazilians.  The MOT's renewed interest in the MOC 
appears to have been occasioned by the December 12 visit of a GOB 
technician to the U.S. Army Corps of Engineers Research and 
Development Center in Vicksburg, Mississippi (which apparently came 
about as a result of a Corps engineer's participation in a 
conference in Brazil circa August 2005).  MOT officials said that 
technical assistance on the integration and interoperability of 
waterways, roadways and rail systems is what interests them most, 
especially as it relates to emergency planning, drainage, and 
environmental protection.  The Ministry is interested in pursuing 
accords with the U.S. Army Corps of engineers in this area. 
 
Comment 
------- 
 
¶4. (SBU) The Ministry of Transportation is enthusiastic about the 
prospects of planning studies, technical training, and technician 
exchanges.  (We were not previously aware of these interactions 
between the GOB and the Army Corps of Engineers.)  While emboffs 
explained that such assistance would come at a price and not form 
part of the FHWA umbrella agreement, Passos' and Gama's interest was 
primarily motivated specifically by potential cooperation with the 
Corps.  However, we reiterated that the FHWA memorandum is only the 
starting point for initiating the more technical areas of 
cooperation with FHWA.  We all agreed that it would be best to move 
forward on two parallel tracks rather than combine the two areas of 
cooperation, though this could be a sticking point in moving forward 
on the FHWA umbrella agreement.   End Comment. 
 
¶5. The text of the original document sent from the Federal Highway 
Administration to the Brazilian Ministry of Transportation is below. 
 
 
Begin Text: 
 
MEMORANDUM OF COOPERATION BETWEEN FEDERAL 
HIGHWAY ADMINISTRATION,DEPARTMENT OF TRANSPORTATION OF THE UNITED 
STATES OF AMERICA AND REPUBLIC OF BRAZIL, MINISTRY OF TRANSPORTATION 
 
 
Whereas the Federal Highway Administration (FHWA), United States of 
America Department of Transportation (USDOT), and the Republic of 
Brazil, Ministry of Transportation (MDT), (hereinafter referred to 
as "the Participants"); 
 
Recognizing that new developments in the field of highway 
transportation can make important contributions toward promoting, 
encouraging, and advancing safe, secure, efficient highway 
transportation systems; and 
 
Desiring to promote technology exchange and information sharing and 
cooperation and collaboration in the field of highway transportation 
set forth in this Memorandum of Cooperation as follows: 
 
      Article I 
The Participants intend to undertake cooperation and collaboration 
 
BRASILIA 00000361  002 OF 004 
 
 
in technology exchange and information sharing in the field of 
highway transportation on a mutually beneficial basis. 
 
      Article II 
The Participants intend to identify specific activities for 
cooperation and collaboration in highway transportation and 
establish communication links between our highway experts to develop 
a framework for technology exchange and information sharing in the 
following areas as well as others of mutual interest: 
 
1.Sharing of information such as infrastructure financing, road 
safety and the use of Intelligent Transportation Systems; 
 
2.Sharing of scanning reports which includes information learned by 
the FHWA in conjunction with the American Association of State 
Highway Transportation Officials in response to high priority 
transportation needs in the United States; 
 
3.Share experiences in developing transportation solutions in 
Brazil; 
 
4.Offer training courses with the FHWA National Highway Institute 
according to an established fee schedule; and 
 
5.Facilitate the formation of ongoing cooperative relationships 
resulting in technology exchange and information sharing between the 
U.S. and Brazil. 
 
      Article III 
The Participants may pursue cooperation and collaboration through 
exchange of technical information on subjects of mutual interest and 
other fora of cooperation and collaboration as mutually agreed. 
 
      Article IV 
The Participants may allow, as appropriate, other transportation 
stakeholders to participate in activities resulting from this 
Memorandum.  These entities may include relevant governmental 
agencies, researchers, organizations, national laboratories, 
universities and the private sector. 
 
      Article V 
To coordinate the cooperative and collaborative activities, each 
Participant may designate a representative to be responsible for 
determining the particular directions of cooperation and for 
ensuring the effectiveness of exchange. The representatives of the 
Participants or their designated coordinator should consult with 
each other and define the cooperative activities and other related 
matters. When necessary, they may meet to consider matters related 
to the implementation of this Memorandum. 
 
      Article VI 
The cooperation is subject to the availability of funds and 
personnel. 
 
      Article VII 
Specific cooperative and collaborative projects and activities may 
be embodied in separate memoranda or plans, between the 
Participants, which may cover the subject, procedures and terms of 
cooperation to be undertaken, the entities involved, funding, and 
other appropriate matters related to the conditions of such 
cooperation. 
 
      Article VIII 
Technical information of a non-proprietary nature derived from the 
cooperative and collaborative activities conducted under the 
Memorandum may be made available to the public through customary 
channels and in accordance with the normal procedures of the 
Participants and other government entities involved in the 
activities. 
 
      Article IX 
Information transmitted by one Participant to the other under this 
Memorandum should be accurate to the best knowledge and belief of 
the transmitting Participant but the transmitting Participant does 
not intend to warrant the suitability of such information for any 
particular use or application by the receiving Participant. 
 
      Article X 
The activities under this Memorandum should commence on the date of 
signature below. Either Participant may end its cooperation under 
this Memorandum at any time, but should attempt to provide sixty 
 
BRASILIA 00000361  003 OF 004 
 
 
(60) days prior written notification to the other Participant. The 
Participants should endeavor to complete or continue specific 
activities then underway if they so choose. 
 
FOR THE FEDERAL HIGHWAY ADMINISTRATION, THE DEPARTMENT OF 
TRANSPORTATION OF THE UNITED STATES OF AMERICA 
Signed 
 
FOR THE REPUBLIC OF BRAZIL MINISTRY OF TRANSPORTATION 
Signed 
 
End Text. 
 
¶6. An informal translation of the Brazilian response to the Federal 
Highway Administration is provided below: 
 
Begin Text. 
 
      MEMORANDUM OF COOPERATION BETWEEN THE FEDERAL 
HIGHWAY ADMINISTRATION OF THE U.S. TRANSPORTATION DEPARTMENT AND THE 
MINISTRY OF TRANSPORTATION OF THE FEDERATIVE REPUBLIC OF BRAZIL FOR 
COOPERATION IN THE AREA OF HIGHWAY TRANSPORTATION 
 
The Federal Highway Administration of the Transportation Department 
of the United States of America and The Ministry of Transportation 
of the Federative Republic of Brazil (hereafter denominated "the 
Participants") 
 
Recognizing that new developments in the area of highway 
transportation can bring important contributions for the promotion, 
incentive and advance of safe, secure and efficient transportation 
systems; and 
 
Desiring to promote an interchange of technology and information 
sharing, as well as collaboration and cooperation in the area of 
highway transportation, 
 
      Agree to the following: 
 
      ARTICLE I 
 
The participants will promote cooperation in the area of highway 
transportation, with regard to its technological aspects, based on 
the principle of mutual benefits, equality and reciprocity. 
 
      ARTICLE II 
 
This Memorandum of Understanding , hereafter denominated 
"Memorandum", is for the purpose of sharing experiences and 
information in the following areas: 
 
a) Financing of Infrastructure, Constructive Technology, Highway 
Cooperation and Safety, Terminology, Environment and Intelligent 
Transportation Systems; 
 
b) Other matters mutually agreed between the Participants. 
 
      ARTICLE III 
 
The forms of cooperation covered in this Memorandum will be: 
 
a) Sharing of systematic reports including information collected by 
the Federal Highway Administration together with the U.S. 
Association of State Highway Transportation Employees, in answer to 
the needs of high priority transportation in the United States; 
 
b) Sharing of experiences in the development of solutions for 
transportation in Brazil; 
 
c) Certification and Training for Brazilian specialists at the 
National Highway Institute of the Federal Highway Administration, in 
accordance with an established schedule of costs; and 
 
d) Other forms of cooperation mutually agreed between the 
Participants. 
 
      ARTICLE IV 
 
The Participants may allow, when necessary, the involvement of 
transportation agents from other government agencies, researchers, 
national laboratories, universities and the private sector. 
 
BRASILIA 00000361  004 OF 004 
 
 
 
      ARTICLE V 
 
To coordinate cooperation activities, each Participant will 
designate a representative who shall determine the specific 
cooperation directives and assure the effectiveness of the 
interchange.  The representatives of the Participants, or 
coordinators named, will conduct reciprocal consultations and define 
the activities of cooperation and other pertinent subjects.  When 
necessary, they will meet to analyze subjects related to the 
implementation of this Memorandum. 
 
      ARTICLE VI 
 
Unless mutually decided otherwise, each Participant will finance his 
own expenses for the cooperation activities described in the present 
Memorandum. 
 
      ARTICLE VII 
 
Non-proprietary technical information resulting from the cooperation 
activities conducted under this Memorandum, can be made available to 
the public through the usual channels and according to normal 
procedures of the Participants and other government agencies 
involved. 
 
      ARTICLE VIII 
 
Information transmitted from one Participant to another under the 
scope of this Memorandum, should be precise, credible and 
unequivocal.  The Participant sending this information will not be 
obliged to guarantee that it is perfectly adequate for a specific 
use or application by the receiving Participant. 
 
      ARTICLE IX 
 
This Memorandum will enter into effect on the date of its signing 
and will continue in force unless one of the Participants decides to 
terminate it, notifying the other Participant of his decision, in 
writing, with sixty days notice. 
 
Done on _________, the ______ day of the month of _______, ______, 
in two equally authentic original copies, in the Portuguese and 
English languages. 
 
End Text. 
 
Chicola