133 of July 12, 2002 from His Excellency Mr. John J. Danilovich, Ambassador of the United States of America, and Note No. 657-2002-OAT-PE of September 13, 2002 (Reply Note) from Mrs. Elayne Whyte Gómez, Acting Minister of Foreign Affairs and Worship, which amends the aforementioned Agreement on the Transboundary Movement of Hazardous Waste between the Government of the Republic of Costa Rica and the Government of the United States of America, the texts of which are as follows:
JORGE ARTURO AGUILAR CASTILLO CHIEF OF THE TREATY ADVISORY OFFICE OF THE GENERAL DIRECTORATE OF FOREIGN POLICY OF THE MINISTRY OF FOREIGN AFFAIRS AND WORSHIP, CERTIFIES:
That in accordance with our archives, the six attached photocopies, identified with the stamp of this Ministry, are faithful and exact copies of the original texts of Note No. 133 of July 12, 2002 from His Excellency Mr. John J. Danilovich, Ambassador of the United States of America, and Note No. 657-2002-OAT-PE (reply note) from Mrs. Elayne Whyte Gómez, Acting Minister of Foreign Affairs and Worship, which constitute the present Agreement under the modality of an exchange of notes that amends the Agreement on the Transboundary Movement of Hazardous Waste between the Government of the Republic of Costa Rica and the Government of the United States of America, formalized through Note No. 130 of September 30, 1997 from His Excellency Mr. Peter Jon de Vos, then Ambassador of the United States of America, and Note No. DM-560-97 of November 17, 1997 from Mr. Fernando E. Naranjo V., then Minister of Foreign Affairs of the Republic of Costa Rica.
This is issued for the corresponding legal purposes, at the Treaty Advisory Office of the General Directorate of Foreign Policy on the twenty-third of September, two thousand two.
The Vice Minister of Foreign Affairs and Worship San José, September 13, 2002 Note No. 657-2002-OAT-PE Excellency:
I have the honor to address Your Excellency on the occasion of acknowledging receipt of your courteous Note No. 133 dated July 12, 2002, which reads as follows:
"Your Excellency:
I have the honor to refer to the Agreement on the Transboundary Movement of Hazardous Waste between the Government of the United States of America and the Government of the Republic of Costa Rica of September 30 and November 17, 1997 (the Agreement).
Paragraph 11 of the Agreement establishes an expiration date of five years from the date of entry into force of the Agreement unless extended in writing by both parties. Accordingly, the Agreement shall expire on November 17, 2002.
I have the honor to propose, on behalf of the Government of the United States of America, that paragraph 11 of the Agreement be amended so that the Agreement terminates upon the entry into force of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) for the United States of America. All other provisions of the Agreement shall remain unchanged.
His Excellency John J. Danilovich Ambassador of the United States of America San José If this proposal is acceptable to the Government of Costa Rica, I have the honor to propose that this note and your Excellency’s note in reply of acceptance shall constitute an extension and amendment of the Agreement, which shall enter into force on the date of your Excellency’s note.
Accept, Excellency, the renewed assurances of my highest and most distinguished consideration." In this regard, I have the honor to inform Your Excellency that the foregoing proposal is acceptable to the Government of the Republic of Costa Rica, with the proviso that this Agreement, under the modality of an exchange of notes, shall enter into force on the date on which the Government of the Republic of Costa Rica communicates, through diplomatic channels, to the Government of the United States of America, the completion of the formalities of its legal system.
I take this opportunity to reiterate to Your Excellency the assurances of my highest and most distinguished consideration.
EMBASSY OF THE UNITED STATES OF AMERICA San Jose, July 12, 2002 Note No. 133 Excellency:
I have the honor to refer to the Agreement on the Transboundary Movement of Hazardous Waste between the Government of the United States of America and the Government of Costa Rica of September 30 and November 17, 1997 (Agreement).
Paragraph 11 of the Agreement establishes an force of the Agreement unless extended in writing by both parties. Accordingly, the Agreement shall expire on November 17, 2002.
His Excellency Roberto Tovar Faja Minister of Foreign Affairs Republic of Costa Rica I have the honor to propose, on behalf of the Government of the United States of America, that paragraph 11 of the Agreement be amended so that the Agreement terminates upon the entry into force of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) for the United States of America. All other provisions of the Agreement remain unchanged.
If this proposal is acceptable to the Government of Costa Rica, I have the honor to propose that this note and your Excellency’s favorable note in reply shall constitute an extension and amendment of the Agreement which shall enter into force on the date of your Excellency’s note.
Accept, Excellency, the renewed assurances of my highest consideration.
UNOFFICIAL TRANSLATION San José, July 12, 2002 Note No. 133 Your Excellency:
I have the honor to refer to the Agreement on the Transboundary Movement of Hazardous Waste between the Government of the United States of America and the Government of the Republic of Costa Rica, of September 30 and November 17, 1997 (the Agreement).
Paragraph 11 of the Agreement establishes an expiration date of five years from the date of entry into force of the Agreement unless extended in writing by both parties. Accordingly, the Agreement shall expire on November 17, 2002.
H.E. Mr.
Roberto Tovar Faja Minister of Foreign Affairs and Worship of the Republic of Costa Rica I have the honor to propose, on behalf of the Government of the United States of America, that paragraph 11 of the Agreement be amended so that the Agreement terminates upon the entry into force of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention) for the United States of America. All other provisions of the Agreement shall remain unchanged.
If this proposal is acceptable to the Government of Costa Rica, I have the honor to propose that this note and your Excellency’s note in reply of acceptance shall constitute an extension and amendment of the Agreement, which shall enter into force on the date of your Excellency’s note.
Accept, Excellency, the renewed assurances of my highest and most distinguished consideration.
John J. Danilovich Ambassador