While the use of a title such as „Memorandum of Understanding“ is common for non-binding documents, we caution that simply labeling a document as a „Memorandum of Understanding“ does not automatically mean to the United States that the document is not binding under international law. The United States has signed memoranda of understanding that are considered binding international agreements. Mutual assistance agreements and other types of aid agreements facilitate the rapid sharing of emergency aid and resources among governments and organizations at all levels. These may include existing arrangements such as the Emergency Management Assistance Compact (EMAC) or require the creation of new tools to deal with emerging events or parties outside existing pacts. Depending on the nature and scope of an agreement, the laws of a State may govern the formation and operation of the reciprocal aid scheme. (Download a printable PDF file.) Mutual assistance agreements, according to FEMA, do not require agencies, organizations, or jurisdictions to provide provisions or relief supplies, but mutual assistance agreements and support agreements provide a needs-based tool in case the incident dictates the requirement. These agreements ensure the effective use of standardized and interoperable equipment and other services or resources in the event of an incident during incident operations. However, emergency managers should consult with their company`s legal representative before entering into an agreement. Expanding the scope of response skills can be very beneficial for businesses in the event of an emergency or disaster.
Interoperability and related agreements with local, state, and federal agencies can provide additional resources based on specific experience, research, or professional training in a particular field, which can reduce response time in a dire situation. Emergency managers should meet regularly with government agencies, community agencies and specialized response organizations to discuss likely emergencies and their ability to provide resources. Mutual assistance agreements should facilitate the rapid and short-term deployment of emergency assistance before, during and after a security incident. However, the National Incident Management System (NIMS) Planning Guide states that a response from state or federal resources can take up to 72 hours or more. According to FEMA, „Mutual Assistance Agreements and Support Agreements are agreements between agencies, organizations, and jurisdictions that provide a mechanism for rapid emergency assistance in the form of personnel, equipment, materials, and other related services.“ Aid agreements accelerate emergency measures by establishing protocols for requesting and providing assistance in advance, as well as policies and procedures for reimbursement and compensation, thereby eliminating or reducing the extent to which these issues must be negotiated with each new event. Assistance agreements formalized prior to the event can also expedite FEMA`s reimbursement of services, equipment, and supplies provided as part of mutual assistance. FEMA reimburses the costs of mutual assistance if the assistance was requested (i.e., not spontaneous assistance), the assistance requested is directly related to a disaster eligible for fema assistance and was made under a signed written mutual assistance agreement.2 The assistance agreement must apply in all situations, not just in cases that trigger a declaration of emergency or disaster under the Stafford Act or that are eligible for federal assistance. Only the organization requesting mutual assistance is authorized to apply for a grant directly from FEMA; Entities granting aid must apply to the applicant organisation for reimbursement. FEMA will reimburse oral assistance agreements, but these must be documented in writing after the event and signed by an official from each company as a condition of receiving reimbursement from FEMA. In addition to EMAC, other mutual aid pacts and agreements have been established in some regions. These include, for example, the Pacific Northwest Emergency Management Agreement and chempack sharing procedures in California, Nevada and Oregon.
7 Other cooperation agreements related to public health activities in general, but also to support emergency preparedness and response, include the Great Lakes Border Health Initiative Public Health Data Sharing Agreement and the Guidelines for U.S.-Mexico Coordination on Epidemiological Events of Mutual Interest. 7 The model intra-State legislation on mutual aid was developed by NEMA to facilitate national mutual assistance between the jurisdictions of a State.4 The purpose of marketing authorisations related to public health and emergency response may include emergency management and emergency management in the field of public health in general, addressing issues such as public health data exchange, pandemic influenza preparedness, influenza surveillance, sharing of laboratory resources, tuberculosis treatment and control, and animal health emergency management […].