Memorandum of Understanding between the Government of Australia, as Represented by the National Emergency Management Agency and the Government of Canada, as Represented by Public Safety Canada for Cooperation on Emergency Management and Disaster Risk Reduction

The parties to this Memorandum of Understanding are the National Emergency Management Agency (NEMA), an executive agency under the Australian Government Home Affairs portfolio, and the Public Safety Canada (PS), as represented by the Emergency Management and Programs Branch (EMPB) (hereinafter referred to singularly as the ‘the Participant’ and collectively as ‘the Participants’). The Participants both recognise that Australia and Canada face significant risk from natural and human-induced hazards and intend to build upon the existing and substantial cooperation in emergency management and risk reduction between the Participants, including between individual states and agencies and collaborative efforts in multilateral forums, seeking to deepen that cooperation to strengthen the capability of the Participants to plan for and respond to disasters in their respective territory.

The participants have reached the following understandings:

Paragraph 1

Objectives

The Participants intend to strengthen, promote and enhance bilateral cooperation on emergency management and risk reduction between the two countries, subject to the laws, rules, regulations, policies and international obligations in force governing the subject matter in each country and within the limits of their available resources.

Paragraph 2

Areas of Cooperation

1. Each Participant intends to take the necessary steps to strengthen, encourage and promote cooperation and understanding in the following areas of emergency management and disaster risk reduction:
   1. Crisis coordination and the management of all hazards,
   2. Policy and planning, including emerging trends in disaster risk reduction, impact assessment, capability development, resilience, recovery, education and community engagement in public awareness of disasters, and social inclusion; and
   3. Administration and evaluation of national recovery and resilience programs to deliver effective outcomes for government and the community.
2. The Participants acknowledge that this Memorandum of Understanding (Memorandum) does not affect the continuation of any existing or ongoing arrangements between Australia and Canada, which may include arrangements on the specific areas listed in Paragraph 2 (1 (a) – (c)) above.

Paragraph 3

Scope of Cooperation

1. The forms of cooperation under this Memorandum may include:
   1. Subject to domestic law and policy, exchange of information, including but not limited to:
      1. changes to policies and arrangements and latest trends, disaster events, including real-time, data, technology solutions and platforms including early warning systems to assist response to events as necessary and lessons identified from the response to events;
   2. Jointly led initiatives of mutual interest through multilateral forums (such as but not limited to the Asia Pacific Economic Cooperation (APEC), the Organisation for Economic Co-operation and Development (OECD), the Five Country Ministerial (FCM) and United Nations Office for Disaster Risk Reduction (UNDRR)) to strengthen collective outcomes;
   3. Information exchange on best practices, including education and professional development, awareness raising, resilience and risk assessments, community engagement, social inclusion including gender and diversity, engagement with Indigenous groups, people with a disability and those vulnerable in disasters;
   4. Discuss arrangements to support staff-exchange, particularly to build capability and awareness of the policy settings and operational environments of respective Participants;
   5. Facilitate the development of a framework that establishes formal arrangements for requests for assistance and facilitates the entry of observers, technical support personnel (if feasible) and the sharing of resources, following a disaster event in either country;
   6. Bring together external subject matter experts in disaster management from other government agencies, industry, academia and non-government organisations, to support further discussion on disaster recovery and response activities; and
   7. Any other scope of cooperation related to emergency management, risk reduction and resilience building as mutually determined by both Participants.
2. The Participants may enter into specific or supplemental arrangements for the purpose of the implementation of this Memorandum.

Paragraph 4

Implementation

The Participants intend to hold an annual senior-level meeting, to strengthen institutional linkages between Participants, identify priority areas for cooperation, and to discuss progress under the Memorandum.

Paragraph 5

Financial Arrangements

The Participants will be responsible for their own expenses incurred in implementing this Memorandum, unless otherwise mutually determined.

Paragraph 6

Exchange of Information

The Participants may exchange information for the purposes of giving effect to this Memorandum. The Participants understand and concur that this Memorandum does not authorize the sharing of classified or protected information. For clarity, classified or protected information refers to information that is subject to a security classification assigned by the Participants or their respective governments, the unauthorized disclosure of which could cause varying degrees of harm to the interests of either Participant or their respective governments.

The exchange of information between the Participants will be in accordance with all applicable domestic laws, regulations, policy, and obligations under international law, including those relating to the protection and disclosure of such information.

Paragraph 7

Confidentiality

The Participants will not use or further disclose information (particularly information that has not been made publicly available) provided under this Memorandum, except:

1. in accordance with this Memorandum for the purposes specified in paragraph 1 and paragraph 2; or
2. otherwise as required by law; or
3. with the prior approval of the other Participant.

Paragraph 8

Effect of Memorandum of Understanding

This Memorandum serves only as a record of the Participants’ intentions and does not constitute or create, and is not intended to constitute or create, obligations under domestic or international law and will not give rise to any legal process and will not be deemed to constitute or create any legally binding or enforceable obligations or rights, express or implied.

Paragraph 9

Entry Into Effect, Duration, Modification and Termination

1. This Memorandum becomes effective on the date of signature by both Participants.
2. This Memorandum is to remain in effect for five (5) years unless discontinued earlier or extended in accordance with the provisions of this Memorandum.
3. The Participants may modify (including any extension of) this Memorandum by mutual decision in writing.
4. Differences arising over the interpretation or application of the terms of this Memorandum will be settled by consultation and negotiation between the Participants and will not be referred to any tribunal or third party for resolution.
5. Notwithstanding Paragraph 9 (3), either participant may terminate this Memorandum by giving the other Participant at least ninety days’ written notice of its intention to do so or at any time with the written mutual consent of the Participants;
6. Paragraph 7 concerning confidentiality will remain in effect notwithstanding the termination of this Memorandum.
7. Each Participant may, for reasons of national security, national interest, public order, or public health, suspend temporarily, either in whole or in part, the implementation of this Memorandum. Such suspension will take effect immediately, and be notified to the other Participant.

Signed in duplicate on 17 May 2023 in New York, United States of America:

Date modified:

2023-06-07