Agreements
Agreement between FAPESP and The State Ministry of Sciences, Research and the Arts of the Free State of Bavaria (STMWFK) Versão em português
AGREEMENT FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION WITH INTERNATIONAL ORGANIZATIONS BETWEEN THE SÃO PAULO RESEARCH FOUNDATION (FAPESP) AND THE STATE MINISTRY OF SCIENCES, RESEARCH AND THE ARTS OF THE FREE STATE OF BAVARIA (STMWFK)
The São Paulo Research Foundation (FAPESP), a juridical person of public law, established under the authorization of State Law number 5.918 of 18 October, 1960, with Statutes approved by State Decree number 40.132 of May 23th, 1962, registered at the National Tax Payer Roll under number 43.828.151/0001-45, with head office at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, hereinafter designated as FAPESP and hereby represented by its President, Professor Celso Lafer, Ph.D., holder of identity card number 1.809.257 SSP-SP and registered at the National Tax Payer Roll under number 001.913.298/00, with special address as stated above for FAPESP,
and
The State Ministry of Sciences, Research and the Arts of the Free State of Bavaria, (StMWFK), Salvatorplatz 2, 80333 München, hereinafter designated as StMWFK, represented by State Minister Dr. Wolfgang Heubisch,
henceforth called the Parties.
Recognising the importance of fostering scientific co-operation between Brazil and the Free State of Bavaria and desiring to strengthen this co-operation on the basis of mutual benefit,
Have agreed as follows:
FIRST CLAUSE
ON THE OBJECT
The Parties commit themselves to developing and strengthening their collaboration in the field of scientific research, in accordance with their own programmes and those jointly approved. Such collaboration will be carried out through the development of projects and activities, which will integrate the scientific co-operation programme under this Agreement, as defined by the Parties and in conformity with their internal rules.
SECOND CLAUSE
ON THE FORMS OF CO-OPERATION
The Parties will promote such co-operation, in conformity with their international responsibilities and with the national legislation and other rules in force in their respective countries. Within this Agreement the parties will undertake actions as:
a) Supporting mobility of researchers and scientists (hereinafter called “specialists”);
b) Organizing visits of scientific delegations, scientific seminars, workshops, symposia and other meetings of mutual interest, so as to promote the interaction between relevant research groups of both countries for identifying the themes for joint calls for proposals. The Parties intend to hold at least one such event per year within the framework of this agreement, alternately in São Paulo and Bavaria.
c) Exchanging information on joint R&D policies and strategies.
d) Helping the necessary logistics for the organization of the visits of scientist to and from both States. For this purpose, the Free State of Bavaria has established the Bavarian University Centre for Latin America (BAYLAT) to coordinate and promote cooperation of higher educational institutions in Bavaria with partners in Latin American. BAYLAT invites students from the state of São Paulo to use the BAYLAT-marketplace for internships, where Bavarian companies advertise intern- and traineeships. FAPESP will find appropriate means to inform the science and research organizationsin São Paulo of the services offered by BAYLAT. The StMWFK will provide the required information on BAYLAT.
FIRST SUB-CLAUSE
Besides the above-mentioned provisions, the Parties can develop their co-operation by means of other existing instruments or programmes of their own.
SECOND SUB-CLAUSE
Opportunities of co-operation with other countries and regional blocs will be appreciated by the Parties.
THIRD CLAUSE
ON THE FORMALIZATION OF THE COOPERATION
In order to implement this Agreement, both Parties agree to establish a scientific co-operation programme by means of meetings of delegations of both Parties or through the exchange of correspondence.
FIRST SUB-CLAUSE The necessary mechanisms for the planning and implementation of a scientific co-operation programme, aiming at realizing the forms of cooperation mentioned under the SECOND CLAUSE, and carried out under this Agreement, will be established by means of exchange of correspondence between the Parties, in conformity with their internal rules. These mechanisms will be effective after the proponent has received a clear acceptance from the other Party.
SECOND SUB-CLAUSEThe scientific co-operation programme should be reviewed periodically and should state the preferential areas for the co-operation, as well as the actions to be developed and the necessary mechanisms for their planning and execution.
FOURTH CLAUSE
ON THE USE OF BIODIVERSITY
In the case of bilateral activities that involve the use of biodiversity the Parties agree to observe their respective national legislation.
FIFTH CLAUSE
ON INTELLECTUAL PROPERTY
The Parties agree that any intellectual property rights, accrued in the process of implementing this Agreement, will be subject to regulations and laws applicable in each country, as well as to international conventions on intellectual property rights to which both countries are parties and the clauses and conditions here established.
SIXTH CLAUSE
ON THE FINANCING OF PROGRAMMES AND PROJECTS
Each Party shall take the necessary measures to obtain the financial means to ensure the execution of the mutually approved programmes and projects. Each Party intends to support this Agreement with – up to – € 50.000,00 (fifty thousand Euros) per year as long as this Agreement remains in force. These financial means will be part of the mechanisms mentioned in the First Sub-Clause of the Third Clause.
SUB-CLAUSE Both Parties agree that each Party will fund costs of its own specialists, in accordance with the availability of its own financial resources. The host Party shall not be responsible for any reimbursement concerning medical assistance or any other costs for the specialists of the other Party.
SEVENTH CLAUSE
ON THE PROHIBITION OF LABOUR RELATIONSHIP
The visiting specialists must not develop any kind of activity, unless related to their mission, and no labour relation can be established between the visiting specialists and the host and funding institutions, neither can the host or funding institution substitute the original institution for labour and subordination effects.
EIGHTH CLAUSE
ON THE REPRESENTATIVES
The Parties shall nominate representatives, who will be responsible for the co-ordination, execution and follow-up of the activities related to this Agreement and for the negotiations and exchange of correspondence between the Parties. Both Parties will keep these representatives enabled to fulfil their responsibilities according to this Clause, and will communicate immediatelyto the other Party whenever a representative is changed or substituted.
FAPESP nominates:
Dr. Carlos Henrique de Brito Cruz, Scientific Director
Rua Pio XI, 1500 – Alto da Lapa
CEP 05468-901 – São Paulo / SP – Brazil
Phone: +55 11 3838-4010 – Fax: +55 11 3838-4111
e-mail: dc@fapesp.br
Website: www.fapesp.br
STMWFK nominates:
Dr. Irma de Melo-Reiners, Executive Director of the BavarianUniversityCenter for Latin America (BAYLAT)
Hugenottenplatz 1a, 91054 Erlangen, Germany
Phone ++49 (0)9131 85-25775, Fax: ++49 (0)9131 85-25778
e-mail: irma.demelo@baylat.org
Website: www.baylat.org, Facebook: www.facebook.com/baylat.lateinamerika
NINTH CLAUSE
ON THE VALIDITY AND DENOUNCEMENT
This Agreement shall become effective on the date of its signature and shall be valid for a period of 5 (five) years, unless one of the Parties informs the other in writing of its decision to denounce it. The denunciation will become effective six months after the date of receipt of its notification. After the period of 5 (five) years the Agreement may be renewed for another period of time, formalized by a new document.
SUB-CLAUSE
The denouncement of this Agreement shall not affect the programmes and projects undertaken in the scope of this Agreement and not totally concluded at the moment of its expiration. In this case, the Parties will provide, in their budgets, funds for the full completion of the projects not totally concluded.
TENTH CLAUSE
ON AMENDMENTS
This Agreement may be amended by mutual consent of the Parties by exchange of correspondence. The amendments agreed upon will be in force on the date that the reply letter to the amendments proposed is received.
ELEVENTH CLAUSE
ON CONTROVERSIES
Any controversy which may arise during the implementation of this Agreement shall be solved by means of negotiation or exchange of correspondence between the Parties.
Signed in São Paulo, Brazil on [month] [date]th, 2012, in two original copies in English and Portuguese, both texts being equally authentic.
FOR THE SÃO PAULO RESEARCH FOUNDATION – FAPESP:
Dr. Celso Lafer
President
FOR THE STATE MINISTRY OF SCIENCES, RESEARCH AND THE ARTS OF THE FREE STATE OF BAVARIA – STMWFK:
Dr. Wolfgang Heubisch
State Minister of Sciences, Research and the Arts