This Memorandum of Understanding (“MOU”) is entered into by the United Nations Development Programme (“UNDP”), a subsidiary organ of the United Nations, an intergovernmental organization established by its Member States with its headquarters in New York, NY (USA), and Tourism Authority of Thailand (“TAT”) headquartered in Bangkok Thailand. UNDP and TAT are hereinafter jointly referred to as the “Parties”;
WHEREAS, UNDP serves in many respects as the operational arm of the United Nations at the country level and works with partners in numerous countries to promote among other things sustainable development, eradication of poverty, advancement of women, good governance and the rule of law;
WHEREAS, UNDP represented by UNDP Thailand Country Office is interested in enhancing its development activities in promoting sustainable development goals in tourism sector in Thailand;
WHEREAS, the Parties share similar missions and wish to cooperate in areas of mutual concern to enhance the effectiveness of their development efforts;
NOW, THEREFORE, the Parties wish to express their intention to cooperate as follows:
Article I
Purpose and Scope
The purpose of this MOU is to provide a framework of cooperation and facilitate and strengthen collaboration between the Parties, on a non-exclusive basis, in areas of common interest.
Article II
Areas of Cooperation
The Parties intend to cooperate in the following areas of activity:
i) Integrate the Sustainable Development Goals within the operation of TAT;
ii) Promote the Sustainable Development Goals in the tourism sector as a principle for sustainable tourism in Thailand; and
iii) Share Thailand’s experience in sustainable tourism with other countries, and
iv) Exchange knowledge and experts in the dissemination of knowledge of sustainable tourism; any actions concerning tourist information, both parties agree to comply with data security standards of their respective policies and procedures. Each Party shall take any action to protect confidential and/or classified information of the other Party
Article III
Consultation and Exchange of Information
3.1 The Parties will, on a regular basis, keep each other informed of and consult on matters of common interest, which in their opinion are likely to lead to mutual collaboration.
3.2 Consultation and exchange of information and documents under this MOU will be without prejudice to arrangements, which may be required to safeguard the confidential and restricted character of certain information and documents. Such arrangements will survive the termination of this MOU and of any agreements signed by the Parties within the scope of this collaboration.
3.3 The Parties will, at such intervals as deemed appropriate, convene meetings to review the progress of activities being carried out under the present MOU and to plan future activities.
3.4 The Parties may invite each other to send observers to meetings or conferences convened by them or under their auspices in which, in the opinion of either Party, the other may have an interest. Invitations will be subject to the procedures applicable to such meetings or conferences.
Article IV
Visibility
The Parties recognize that the cooperative arrangements should be publicized and therefore agree to acknowledge the role and contribution of each Party in all public information documentation relating to instances of such cooperation and use each Party’s name and emblem in documentation related to the cooperation in accordance with the current policies of one another and subject to prior written agreement of each Party.
Article V
Term, Termination, Renewal, Amendment
5.1 The proposed cooperation under this MOU is non-exclusive and will have an initial term of two years from the Effective Date, as defined in Article VII (“Effectiveness”), unless terminated earlier by either Party upon two months’ notice in writing to the other Party. The Parties may agree to extend this MOU in writing for subsequent periods of two years.
5.2 Termination of this MOU will not affect any other agreements relating to the subject matter of this MOU which will, unless terminated or expired, continue to regulate the relationship between the Parties in accordance with the terms thereof.
5.3 This MOU may be amended only by mutual written agreement of the Parties.
Article VI
Legal Provisions Relating to Implementation
6.1 Notwithstanding anything in this MOU to the contrary, (a) this MOU constitutes an expression of intent only and not a legally binding document; (b) nothing herein shall be construed as creating a legally binding commitment, financial or otherwise; (c) nothing herein shall be construed as creating a joint venture and neither Party shall be an agent, representative or joint partner of the other Party; (d) all of the activities under this MOU envisaged hereunder are subject to the availability of funding ; (e) any funds received by UNDP shall be used, and all UNDP activities further to this MOU will be carried out, in accordance with the project documents agreed between UNDP and the concerned programme government(s) where the activities will be implemented, and in accordance with the applicable UNDP regulations, rules, policies and procedures; and (f) each Party shall be responsible for its acts and omissions in connection with this MOU and its implementation.
6.2 TAT represents that it has all the necessary powers, authority, and legal capacity to enter into this MOU and perform its obligations hereunder.
6.3 In the event of inconsistency between any provision of this Article VI and a provision of another section of the MOU, this Article VI shall prevail.
Article VII
Privileges and Immunities
Nothing in or relating to this MOU shall be deemed a waiver, express, or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs.
Article VIII
Effectiveness
This MOU will become effective on the date in which it is duly signed by both Parties (“Effective Date”).
IN WITNESS WHEREOF, the duly authorized representatives of the Parties affix their signatures below.
