MEMORANDUM OF UNDERSTANDING ON ENVIRONMENTAL PRINCIPLES GOVERNING THE TUMEN RIVER ECONOMIC DEVELOPMENT AREA AND NORTHEAST ASIA 1994

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Recommended Citation

giving a written notice of withdrawal to the other Contracting Parties six (6) months in, "MEMORANDUM OF UNDERSTANDING ON ENVIRONMENTAL PRINCIPLES GOVERNING THE TUMEN RIVER ECONOMIC DEVELOPMENT AREA AND NORTHEAST ASIA 1994", Aprenet, January 01, 1994, https://nautilus.org/aprenet/memorandum-of-understanding-on-environmental-principles-governing-the-tumen-river-economic-development-area-and-northeast-asia-1994/

Tumen River Area Development Issues

____________________________________________________________________

MEMORANDUM OF UNDERSTANDING ON ENVIRONMENTAL PRINCIPLES 
GOVERNING THE TUMEN RIVER ECONOMIC DEVELOPMENT AREA AND 
NORTHEAST ASIA

	The Governments of the Democratic People's Republic of Korea, Mongolia, the 
People's Republic of China, the Republic of Korea and the Russian Federation, hereinafter 
referred to as the "Contracting Parties" have agreed as follows:

OBJECTIVES

	The Contracting Parties affirm that an overall goal is to attain environmentally sound 
and sustainable development of Northeast Asia and the Tumen River Economic Development 
Area in particular (hereinafter "the Region") in accordance with:

(a) the obligations undertaken by such Contracting Parties in the Agreement on the 
Establishment of the Consultative Commission for the Development of the Tumen River 
Economic Development Area and Northeast Asia;

(b) the international consensus reached at the United Nations Conference on Environment and 
Development;

(c)  the requirements of national laws and regulations and of bilateral and multilateral 
environmental agreements; and

(d)  the environmental requirements of the multilateral development banks of which the 
Contracting Parties are members.

	For purposes of this Memorandum of Understanding, Northeast Asia means the Tumen 
River Economic Development Area (as delineated in Appendix 1) and other territories of the 
Contracting Parties in which projects and programmes of mutual interest to the Contracting 
Parties will be conducted.

	The Contracting Parties affirm their intention to cooperate and coordinate with 
each other to protect and enhance the environment of the Region and to conduct all 
development activities in the Region in a manner that does not damage the environment of any 
Contracting Party, of any other state or of areas beyond the limits of national jurisdiction.
The Contracting Parties will implement this Memorandum of Understanding on the basis of the 
principles of international laws governing relations between states, notably mutual respect of 
the sovereignty and independence of all state, equality, mutual benefit and good 
neighborliness.

ENVIRONMENTAL ASSESSMENT, MITIGATION AND MANAGEMENT


	1.1	The Contracting Parties agree to undertake national, coordinated and joint 
efforts to collect, collate, share make compatible and analyse pertinent environmental baseline 
and other data on the Region and to identify and fill in data gaps.

	1.2	The Contracting Parties will conduct jointly (and periodically update) a regional 
environmental assessment ("E.A.") evaluating the local, national, regional and global 
environmental implications of contemplated development plans for the Region as a whole, and 
will prepare jointly a regional environmental mitigation and management plan ("EMMP") for 
preventing and mitigating harm to, and promoting enhancement of, the environment, based on 
the results of the regional EA and other relevant data.

	1.3	The Contracting Parties will prepare and adopt appropriate national laws, 
regulations, bilateral and multilateral environment arrangements and/or policies, including 
regional, sub-regional and national institutional arrangements in case these laws, regulations, 
agreements or policies are required to attain environmentally sound and sustainable 
development of the Region.

	1.4	The regional EMMP will include appropriate measures, including but not 
limited to land use management planning, and a schedule for their implementation for:

protecting land resources, particularly wetlands, fragile coastal areas, forests 
and sensitive ecosystems;

preservation of biodiversity, including threatened or endangered species and 
their habitats;

establishing nature preserves, parks and conservation areas;

protection and improvement of air and water quality;

protection of the marine environment and marine living resources;

sound disposal, management, treatment and movement of hazardous and solid 
wastes;

contingency planning and release prevention;

sanitation;

toxic substances use/transport;

efficient generation/ use of, energy; and

monitoring of pollution and environmental conditions.


	1.5	The Contracting Parties will conduct ( or cause to be conducted)  project-
specific EA and prepare (or cause o be prepared ) a project-specific EMMP with respect to any 
proposal for a development project in the Region with potentially significant environmental 
impacts.  The preparation of such project-specific EAs and EMMPs will be led by the 
Contracting Parties on whose territories the project is located and will include participation by 
experts from other affected Contracting Parties.

	1.6	The Contracting Parties further agree to coordinate and cooperate with each 
other to ensure that the results of the regional an project-specific EAs are taken into account in 
development planning activities for the Region and to implement the regional and project-
specific EMMPs.

	1.7	All EAs and EMMPs will be conducted in accordance with internationally-
accepted procedures and guidelines.

OTHER ENVIRONMENTAL RESPONSIBILITIES OF CONTRACTING PARTIES


	2.1	The Contracting Parties will strive, both individually and in cooperation with 
each other, to meet the objectives of international environmental agreements and norms with 
respect to their activities in the Region.

	2.2	The Contracting Parties will coordinate with each other regarding 
implementation of their respective national environmental laws with respect to their activities 
in the Region and will consider proposals for progressive harmonisation of such laws.

	2.3	The Contracting Parties will cooperate with each other to strengthen capacity-
building for sustainable development through exchanges of scientific and technical knowledge, 
technology transfer, sharing of environmental management and legal and regulatory expertise 
and experience, and other appropriate means.

	2.4	The Contracting Parties will consult with,  give access to information to, and 
provide opportunities for involvement by affected citizens and interested NGOs at appropriate 
stages of the development and environmental planning processes for the Region.

	2.5	The Contracting Parties will provide or seek necessary funding for preparation 
of EAs and EMMPs and to carry out their other environmental responsibilities under this 
Memorandum of Understanding.

OTHER PROVISIONS


	3.1	The Contracting Parties will agree upon institutional arrangements to implement 
this Memorandum of Understanding.  Such institutional arrangements will be consistent with 
institutional arrangements specified in the Agreement on the Establishment of the Consultative 
Commission for the Development of the Tumen River Economic Development Area and 
Northeast Asia.

	3.2	This Memorandum of Understanding shall be subject to the legal procedures of 
each Member State's domestic law and shall enter into force on the date of deposit of the last 
instrument of such procedure by a Contracting Party with the Secretary General of the United 
Nations.  

	3.3	The Contracting Parties, acting through consensus, may invite other interested 
governments in Northeast Asia to become Contracting Parties under this Memorandum of 
Understanding.

	3.4	This Memorandum of Understanding will be valid for a period of ten (10) years 
from the date of entry into force and be renewed for successive periods of ten years, unless 
agreed otherwise by the Contracting Parties.

	3.5	Any Contracting Party may withdraw form this Memorandum of Understanding 
by giving a written notice of withdrawal to the other Contracting Parties six (6) months in 
advance.  At the end of such period, the withdrawal of such Contracting Party shall become 
effective.  

	This Memorandum of Understanding, done in the English language on                1995 
in                  will be deposited with the Secretary General of the United Nations, who will 
transmit a certified copy to each Contracting Party and will register this Memorandum of 
Understanding with the Secretariat of the United Nations.



For the Government of the Democratic 
People's Republic of Korea
Signature:


For the Government of Mongolia
Signature:


For the Government of the People's 
Republic of China
Signature:


For the Government of the Republic of 
Korea
Signature:


For the Government of the Russian 
Federation:
Signature:


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