Australia / New Zealand / United States of America

Name of the Agreement and date

  • International Agreement between the US Department of the Interior, Bureau of Land Management, US Department of Agriculture, Forest Service for the National Multi-agency coordination group for and on behalf of the Government of the United States of America, and the Secretariat of the Department of Natural Resources and Environment for itself and as agent of the Crown in the right each Australian State and Territory and the Crown in the right of New Zealand. Signed on November, 2000.

Parties

  • United States of America
  • Australia / New Zealand

Purpose

  • To facilitate mutual assistance in wildland firefighting between Australia, New Zealand and the United States of America (Article I)

Definitions

  • N/A

Information and Coordination

Request for assistance will be channeled by the most expeditious means to the appropriate authorized official in accordance with the following:

  1. Request for assistance from the USA will be made from the relevant Australian and New Zealand agencies via NRE to the National Interagency Coordination Center (NICC) at the National Interagency Fire Center (NIFC) in Boise, Idaho. The authorized officials are the B.L.M. Director or the US Forest Service Director at NIFC. (Article III.1)
  2. Requests for assistance from participant Australian and New Zealand agencies will be made from NIFC to the Chief fire Officer of NRE. (Article III.2)
  3. NRE and NIFC will be responsible for providing the US and Australian and New Zealand officials with the names of the authorized Australian and New Zealand officials within fourteen days of request for assistance. (Article III.3)
  4. The recall of resources from the receiving agency shall be communicated through NICC and the NRE Emergency Coordination Centre and the lending agency will attempt to give 24 hours notice. (Article VIII)

Personnel and Equipment

  • The parties to this Agreement may request overhead personnel with specialized expertise for fire assignments. (Article IV.2)
  • Personnel assigned as part of a resource order will receive an adequate orientation and health and safety session prior to deployment and should be debriefed prior to demobilization. (Article IV.3)
  • Each agency assigning personnel to a resource order will certify that the personnel assigned will meet requirements of the position ordered. (Article IV.4)
  • The lending agency will attempt to provide all the safety equipment required to meet their regulations. Should additional equipment be requested by the receiving agency, the receiving agency will supply these at their expense. (Article IV.5)
  • When appropriate the lending agency and receiving agency will provide for adequate liaison. The liaison from the receiving agency will be responsible for the health, safety, welfare, and commissary needs of all personnel engaged. (Article IV.6)
  • All personnel should carry with them two examples of identification and any conviction may prohibit mobilization to the receiving country. (Article IV.9)
  • If an individual is deemed inadmissible due to minor criminal/felony offences, the individual will be required to undergo an interview process with Immigration. All costs associated with the process will be borne by the individual or the receiving agency. (Article IV.10)
  • Some specialized equipment may be accompanied by trained technicians and/pr operators to ensure safe and efficient set up and operation of equipment. (Article V.4)
  • It is recommended that all equipment be registered with the respective lending agencies' customs authority prior to mobilization. (Article V.5)

Expenses

  • Reimbursement for personnel will be on the following basis:
    a) All salaries, overtime and hazard pay submitted for payment by the sending agency will be reimbursed by the receiving agency, in accordance with salary schedules and/or union contracts in existence with the lending agency or at rates agreed in advance of engagement.
    b) The costs of travel, and daily personnel care costs shall in all cases be reimbursed by the receiving agency. Where daily rates are not in effect receipts are required for all expenses.
    c) All medical and associated compensation costs incurred in the course of the deployment to the requesting agency. (Article IV.1)
  • All transportation costs will be reimbursed by the receiving agency. (Article V.6)
  • Reimbursement will be made on the following basis:
    a) All direct flight costs will be reimbursed by the receiving agency.
    b) Minimum contract guarantees will be reimbursed by the receiving agency when the resource order is for aircraft services. Contract guarantees will not be assessed if the aircraft is used solely to transport personnel between countries.
    c) Unless otherwise agreed upon between parties to this Agreement, maintenance and/or damage to the aircraft is the responsibility of the contractor and/or owner, and is not reimbursable. Damage to an aircraft caused as a direct result of agency personnel actions are the receiving agency's responsibility and are reimbursable. (Article VI.1)
  • All contract aircraft mobilized to the USA will be reimbursed by the USA (Article VI.2)
  • All aircraft will meet the receiving agency's specifications for standards and pilot qualifications and will be inspired prior to being put into service. (Article VI.3)

Liabilities, Claims and Compensations

  • Costs for medical services will be covered by the requesting agency until the employee is returned to the fireline or sending agency, other than costs for ongoing rehabilitation which shall continue to be met by the requesting agency. (Article IV.7)
  • Death or long compensation claims will go through sending agencies workers compensation programme and billed for reimbursement to the receiving agency. (Article IV.8)
  • Expendable equipment and supplies shall be considered purchased on delivery, and full replacement costs will be reimbursed by the receiving agency. Items should be considered expendable if they are not reusable or cannot be recycled. (Article V.1)
  • Non-expendable and accountable equipment and supplies will be credited to the receiving agency upon return to the lending agency. The costs of refurbishing are reimbursable by the receiving agency unless the sending agency agrees that the receiving agency will perform the work. (Article V.2)
  • In the event that any equipment or supplies are damaged beyond repair or not returned, they will either be replaced by the receiving agency with new equipment or supplies of the same quantity and to the lending agency's standards, or full replacement cost will be reimbursed by the receiving agency. (Article V.3)
  • The Government of the United States of America hereby indemnifies and undertakes to keep indemnified the Secretary to the Department of Natural Resources and Environment of the State of Victoria, Australia and the State of Victoria and their offices, employees, servants and agents from and or against all actions, claims, demands, costs and expenses of whatever nature (including the costs of defending or setting any action, claim or demand) and howsoever arising either directly or indirectly from or in consequence of any act or omission of any Department of Natural Resources and Environment and or State or Victoria officer, employee, servant or agent as defined in Schedule 1 and Schedule 2 attending the United States to assist any entity or person within the United States National Interagency, Multi Agency, Coordination Group or any similar request made for and on behalf of the United States. Such indemnity will be extended to all agencies listed in schedules 1 & 2 of this agreement and to their associated governments officers, employees, servants and agents. (Article VII.1)
  • The receiving agency agrees to reimburse to a sending agency all extra worker's compensation insurance costs incurred by the sending agency as a result of worker's compensation claim being made in respect of any injury occurring during the term of this agreement. (Article VII.2)

Limited territorial application

  • N/A

Border crossing

  • N/A

Operating plans / Guidelines

  • N/A

Interpretation and Settlement of disputes

  • N/A

Entry into force, duration, termination and withdrawal

  • Any one of the parties, in writing, may terminate their portion of this instrument in whole, or in part, at any time. Full credit shall be allowed for each party's expenses and all non-cancellable obligations properly incurred up to the effective date of termination. (Article X.3)
  • This International Agreement is executed as of the date of the last signature and, unless terminated sooner, is effective through five years from that date at which time it will be received. (Article X.4)

Amendments

  • Modification within the scope of this International Agreement shall be made by mutual consent of all parties, by the issuance of a written modification, signed and dated by all parties, prior to any changes being performed. The Forest Service, BLM and NRE are not obliged to fund any changes not properly approved in advance. (Article X.2)

Other provisions

  • N/A

last updated:  Friday, June 28, 2002