Notícias
Documents signed on the occasion of the visit to Brazil of the President of Ukraine, Viktor Yanukovych – Brasília, October 25, 2011.
MEMORANDUM OF UNDERSTANDING ON THE PROMOTION OF BILATERAL DIRECT INVESTMENTS BETWEEN THE BRAZILIAN TRADE AND INVESTMENT PROMOTION AGENCY AND THE STATE AGENCY FOR INVESTMENT AND NATIONAL PROJECTS OF UKRAINE
The BRAZILIAN TRADE AND INVESTMENT PROMOTION AGENCY (Apex-Brasil) [Agência de Promoção de Exportações do Brasil], herein duly represented by its President, Mr. Maurício Borges; and THE STATE AGENCY FOR INVESTMENT AND NATIONAL PROJECTS OF UKRAINE, herein duly represented by its head of Agency, Vladyslav Kaskiv, jointly referred to as the “Parties” and individually as “Party”;
Desiring to strengthen bilateral investment relations and develop reciprocal business cooperation between Brazil and Ukraine,
Having determined that investment promotion contributes positively to the economic growth of both Ukraine and Brazil,
And aiming at promoting bilateral direct investments and exchanging relevant information about their respective investors and investment initiatives, which can enhance the implementation of reciprocal economic objectives,
Have come to the following understanding:
I. The Parties will employ their best efforts to promote the mutual exchange of information, within their respective areas of competence, on the following issues:
a. Investment policies, laws and regulations;
b. Investment environment;
c. Investment promotion activities; and
d. Investment projects.
II. The Parties will employ their best efforts to cooperate on investment promotion activities, within their respective mandates, by:
a. Exchanging invitations to investment promotion seminars;
b. Exchanging invitations to trade and investment fairs;
c. Conducting other investment promotion activities.
III. The Parties may communicate via email, meeting, conference call or other channels to enhance mutual understanding and trust and to seek for cooperation opportunities on investment promotion.
IV. The intended activities under this MOU are subject to the laws and regulations of both countries and to the availability of appropriated funds.
V. Each Party shall bear the costs and expenses of its participation in the above mentioned activities under this MOU.
VI. This MOU is not intended to create any legal or financial obligations under domestic or international law between the countries or the Parties.
VII. This MOU will be in force from the date of its signature and will remain in effect for a period of two (2) years. It may be renewed and/or amended with the written consent of the Parties. Either Party is entitled to terminate the present MOU at any time by written notice to the other Party one month prior to the expected termination date.
VIII. The termination of this MOU shall not affect the validity or the duration of any specific agreements or projects or activities made under the present MOU until the completion of such specific agreements, projects or activities, unless the Parties agree on otherwise.
IX. This MoU is signed originally in two copies, in English, of equal content and effect, on October 25, 2011 in Brasilia.
AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF UKRAINE ON MILITARY-TECHNICAL COOPERATION
The Government of the Federative Republic of Brazil
and
The Cabinet of Ministers of Ukraine, (hereinafter referred to as “the Parties”),
Taking into account the mutual desire to develop and strengthen friendly relations between Ukraine and the Federative Republic of Brazil,
Seeking after mutually beneficial long-term cooperation based on mutual respect, confidence and consideration of each Party’s interests,
Taking into consideration the mutual interest in the development of bilateral cooperation in military-technical sphere,
Have agreed as follows:
Article 1
Cooperation
The present Agreement, guided by the principles of equality, reciprocity, and mutual interest, and in compliance with each Party’s national legislation, regulations, and assumed international obligations, is aimed at promoting military-technical cooperation between the Parties in the following areas:
a) production, modernization, repairs and acquisition of defense products and services;
b) transfers of technologies and licenses on production of armament and military equipment, providing the technical assistance in organizing of its production;
c) joint carrying out of scientific research and technological development activities in the sphere of armament and military equipment;
d) exchange of experience, technologies and information related to development, production and testing of armament and military equipment;
e) exchange of experts for the purpose of the implementation of joint programs of military-technical cooperation;
f) training of personnel according to needs and possibilities of the Parties;
g) other military-technical fields that may be of mutual interest to both Parties.
Article 2
Executive Authorities
The Executive Authorities of the Parties responsible for the implementation of this Agreement shall be:
a) for the Ukrainian Party - the Ministry of Economic Development and Trade of Ukraine and the Ministry of Defense of Ukraine;
b) for the Brazilian Party - the Ministry of Defense of the Federal Federative Republic of Brazil.
Article 3
Assurances
When carrying out cooperation activities under this Agreement, the Parties commit themselves to respect the principles and purposes of the Charter of the United Nations, which include sovereign equality of States, territorial integrity and inviolability, and non-intervention in the internal affairs of other States.
Article 4
Implementing Arrangements
1. For the implementation of the present Agreement, the Executive Authorities may conclude appropriate arrangements and programmes in specific fields of military-technical cooperation.
2. With the consent of both Parties, Supplementary Protocols to this Agreement can be signed on specific areas of military-technical cooperation and will be part of this Agreement.
3. Any contract, addendum, forms, documents or other instruments necessary to give effect to the cooperation under this Agreement shall be jointly agreed between the Parties or entities authorized by them and should be restricted to the limits of this Agreement.
4. Responsibility to meet obligations arising from contracts mentioned in this Article shall be borne by the concluding enterprises and organizations.
Article 5
Joint Commission
1. In order to coordinate the implementation of the provisions of this Agreement, the Parties agree shall establish a Joint Ukrainian-Brazilian Commission on Military-Technical Cooperation (hereinafter referred to as the “Commission”).
2. The “Commission” shall consist of representatives from the Ministry of Economic Development and Trade and the Ministry of Defense, for the Ukrainian Party, and representatives from the Ministry of Defense of Brazil, and, where appropriate, any other institutions that may be co-opted by the Parties.
3. The place and date for meetings of the “Commission” shall be defined by common agreement between the Parties, without detriment to other existing bilateral mechanisms.
Article 6
Third Parties
None of the Parties shall sell or hand over to a third party without preliminary written consent of the other Party military goods/equipment, technology and technical documentation obtained or received within the framework of this Agreement or during the fulfillment of contracts, projects and programs, concluded according to this Agreement.
Article 7
Protection of Classified Information
The protection of classified information, which may be transferred, received or generated in the course of implementation of the present Agreement, shall be established by the Parties in a separate agreement.
Article 8
Protection of Intellectual Property and Results of Intellectual Activity
The protection of intellectual property and results of intellectual activity in the course of implementation of the present Agreement shall be established by the Parties in a separate agreement.
Article 9
Dispute Settlement
1. Any dispute regarding the interpretation and implementation of the provisions of the present Agreement that may occur between the Parties or the competent bodies shall be settled, at a first instance, through direct negotiations and consultations between the competent bodies and, when necessary, through direct negotiations, via diplomatic channels.
2. During the dispute settlement both Parties shall continue to fulfill all their obligations in accordance with the present Agreement.
3. Any dispute settlement proceedings shall be conducted by the Parties on a confidential basis.
Article 10
Final Provisions
1. The present Agreement shall enter into force 30 (thirty) days upon the receipt of the last written notification, through diplomatic channels, of the fulfillment by the Parties of their respective internal procedures for the entry into force of the present Agreement.
2. The present Agreement shall remain in force for a five-year period and will be automatically extended for successive five-year periods, unless either of the Parties notifies in writing the other Party of its intention to terminate the present Agreement no later than six months before the expiration of the relevant period.
3. The termination of the present Agreement does not affect the obligations undertaken by the Parties under its articles 4, 5, 6 e 7 unless otherwise agreed upon by the Parties.
4. The termination of the present Agreement shall not affect any arrangements, programmes and contracts established under the present Agreement prior to its termination, unless otherwise agreed upon by the Parties.
5. The present Agreement may be amended or revised by written mutual consent of the Parties, through relevant Protocols, through diplomatic channels. These Protocols shall thereafter be considered as an integral part of the present Agreement.
Done at Brasília, on October 25, 2011, in two original copies in Portuguese, Ukrainian and English, each being equally authentic. In case of any divergence in the interpretation of the present Agreement, the English text shall be used.
MEMORANDUM OF UNDERSTANDING BETWEEN BRAZILIAN AGRICULTURAL RESEARCH CORPORATION AND
NATIONAL ACADEMY OF AGRARIAN SCIENCES OF UKRAINE
The Brazilian Agricultural Research Corporation, a public company within the scope of the federal government, under the Ministry of Agriculture, Livestock and Food Supply (MAPA) of the Federative Republic of Brazil, created by Law nº 5.851, of 12 February 1972, whose bylaws were approved by Decree nº 2.291, of 4 August 1997, registered in the National Corporate Register (CNPJ) under nº 00.348.003/0001-10, with headquarters in Brasília, DF, at Parque Estação Biológica – PqEB s/n, final da Avenida W/3 Norte, hereinafter called Embrapa, represented in this legal act by its Director-President Pedro Antonio Arraes Pereira, and the other party, The National Academy of Agrarian Sciences of Ukraine (NAAS) in the person of its President, academician of NAAS Mykola Bezugly, who is guided by NAAS Statute, on the other hand, hereinafter “the Parties” declare their mutual interest to cooperation and will to broaden their cooperative programs and exchange in the fields of agrarian researchers and technologies. Both Parties express their intention to strengthen their relations through cooperative activities.
Clause One – Objective
The Parties shall cooperate in the fields of agrarian science and technologies within the scope of the general joint programs for the purpose of broadening the existing knowledge base on sustainable agricultural development and institutional strengthening.
Clause Two – Areas of Cooperation
Cooperation directs at agrarian sphere development including livestock, natural resources researching and saving, and not to be limited by these directions.
Clause Three – Technical Cooperation Projects (TCPs)
Cooperation shall be implemented through the execution of Technical Cooperation Projects (TCP) approved by both parties, which shall clearly define the following, among other items:
objectives and rationale;
human, material and financial resources to be contributed by each party;
rights and duties of each party;
Intellectual property rights over processes or products, including new plant varieties, obtained within the scope of the cooperation and also respective conditions for effective commercial use of common products.
Paragraph One – After the TCPs signed by the Parties, Projects are legally part of this Memorandum.
Paragraph Two – For the students, post graduate students and scientists probation period at Embrapa's units and at NAAS institutions the Parties should elaborate, discuss and approve a brief TCP including "Probation Period Term" by the following items:
Project’s identification;
Probation Period goal;
Work plan;
Methodology of the probation period development;
Intellectual property of the product obtained by the results of probation period;
Obligations of the involved Parties (financial support and other required arrangements).
Clause Four – Implementation and Evaluation Committee
An implementation and evaluation committee is created with an equal number of representatives of the Parties, for the purpose of regularly determining the activities and/or work plans to be developed and subsequently evaluated.
Clause Five – Genetic Material
The Parties will exchange genetic material in accordance with the legislation of each country.
Clause Six – Involvement of Third parties
Cooperation in the scope of Memorandum is not prevent the Parties from carrying out individually or in cooperation with a third Party research in the areas covered in the TCPs of this Memorandum
Clause Seven – Dissemination of Results
The Parties agree to not proclamation any information that does not protect by intellectual property rights over any process or product obtained as a result of the cooperation contemplated in this Memorandum.
Paragraph One – Parties have the right to disseminate or publish any results obtained in the execution of a TCP implemented within the scope of this Memorandum, with the names of the other researchers are duly acknowledged in all papers and/or other publications.
Paragraph Two – Parties agree to submit to the other Party any information they wish to disseminate or publish, at least fifteen (15) days before dissemination and/or publication provided by received the written consent.
Paragraph Three – In the event no response is received within fifteen (15) days, the Party can automatically authorized to disseminate or publish said information.
Paragraph Four – At proclamation or publishing partial results of TCP activities implemented within the scope of this Memorandum by any Parties, the Party that has done is responsible for the applicability and assurance of the information. Direct or indirect cost, that were damaged by such actions, are juridical appreciating and juridically.
Clause Eight – Unforeseen Circumstances
Any Part that makes changes concerning the legal entity or ceases its activities as a result of government action, succession, transfer, or any other legally approved act shall duly formed the documents with information of incorporeal rights that were negotiated and that contained in the TCPs.
Paragraph One – Any accident resulting in unforeseeable losses or damages shall be reported in writing by the affected Party, to the other Party, for the purpose of revising the commitments previously made, but shall not exempt the affected Party from any scheduled payments.
Paragraph Two – Parties procure adequate insurance against losses and damages covering its participation in the TCPs according to the legislation of each country.
Clause Nine – Legal-Institutional Relations
Each Party is an independent administrative institution. No other relations of communication (incorporation, association or contracts) except foresee by this Memorandum are not legally.
Clause Ten – Representation and Contacts
The individuals named and qualified by the Parties, as contact persons between the institutions authorized to carry out the communication and to coordinate the joint actions:
For Embrapa:
Dr. Francisco Basilio Souza
Head of the International Relations Office
Edifício Embrapa Sede, 2º andar, Sala 220-C
Parque Estação Biológica – Avenida W3 Norte Final
Telefone: (55) (61) 3448 4491
chefia.sri@embrapa.br
CEP 70770-901, Brasília, Distrito Federal,Brazil
From the National Academy of Agrarian Sciences:
Shapoval Olga Sergiivna
Deputy Chief of Department of international scientific cooperation and scientific –analytical providing of NAAS
9, Suvorova Str., Kyiv-10, 01010, Ukraine
Telephone: (+38) (044) 281 0668
mishelleuaan@yandex.ru
Each party shall notify the other, in writing, about the substitution of its representative.
Clause Eleven – Duration
Memorandum valid for a period of five (5) years from the date of signature and can be renewable for additional five-year periods through subscription of Additional Terms not late as before part one hundred and eighty (180) days prior to the end Term of this Memorandum
Exception – Either Party may request in writing the cancellation and/or voidness of a TCP in the event the other Part fails to fulfill any clause of this Memorandum. The Party with not right execution of points of this Memorandum has to cover all damages that are resulting from the cancellation of TCP.
To confirm it, the Parties EMBRAPA and the National Academy of Agrarian Sciences of Ukraine in the person of their representatives, subscribed their signatures (names) to three identical copies of Memorandum in Portuguese, Ukrainian and English. In case of any divergence, the English version shall prevail.
Brasilia, 25 October, 2011.
MEMORANDUM ON ESTABLISHMENT OF THE UKRAINE-BRAZIL CONSULTATIVECOMMITTEE ON AGRICULTURE BETWEEN THE MINISTRY OF AGRICULTURE, LIVESTOCK AND FOOD SUPPLYOF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE MINISTRYOF AGRARIAN POLICY AND FOOD OF UKRAINE
The Ministry of Agriculture, Livestock and Food Supply of the Federative Republic of Brazil and the Ministry of Agrarian Policy and Food of Ukraine (hereinafter referred to as "the Parties") in order to initiate a continuous process with emphasis on efficient cooperation and coordination in agriculture matters, have agreed as follows:
Article 1
The Parties shall establish the Consultative Committee on Agriculture (CCA).
Article 2
Purposes
The purposes of CCA are:
1. To provide a high-level forum to facilitate agricultural bilateral relations between Ukraine and the Federative Republic of Brazil through cooperation and coordination.
2. To facilitate discussion and cooperation in matters related to agriculture between the two states within the competence of the Parties including, but not limited to:
- animal and animal products issues;
- phytosanitary issues;
- capacity-building issues;
- biofuel issues.
3. To formulate policy and program recommendations in the sphere of agriculture; and
4. With respect to agricultural matters, to encourage and facilitate the development of direct contacts and cooperation between private entities, universities, research centers, institutes, government agencies, cooperatives and associations and other entities in Ukraine and in the Federative Republic of Brazil.
Article 3
Composition
1. The Minister of Agrarian Policy and Food of Ukraine and the Minister of Agriculture, Livestock and Food Supply of the Federative Republic of Brazil (hereinafter referred to as "the Co-Chairs") will co-chair the CCA.
2. Each Co-Chair may appoint a Co-Vice Chair to act in the capacity as Co-Chair.
3. Each Co-Chair should designate a point of contact on its respective side for the purposes of communication and organization of administrative staff support for the CCA.
Article 4
Meetings of the CCA
1. The CCA will endeavor to meet no less than once a year, as appropriate.
2. The Co-Chairs will establish the dates, locations, procedures and agenda of meetings. The Co-Chair of the country hosting the meeting will conduct that meeting.
3. All recommendations or determinations of the CCA will be subjected to the concurrence of the Co-Chairs.
4. The host country for a meeting will provide administrative support for that meeting.
Article 5
Working Groups
1. The Co-Chair may establish working groups to conduct activities as Co-Chairs will decide in furtherance of purposes of the CCA. Each working group may include representatives from government agencies of both countries qualified as members of CCA.
2. Working groups may meet independently of the CCA.
3. Working groups are expected to report in written form according to the performed work to the CCA as the latter may decide.
4. Either Co-Chair may discontinue a working group upon written notification and by consent of the other Co-Chair.
Article 6
Records
1. The meetings of each CCA and working groups should be formed by protocols.
2. The minutes of each CCA meeting and of the meetings of each working group should be in the languages of both Parties and in the English language.
Article 7
Limitations
1. The functions and activities of the CCA and any working group established under Article 4 of this Memorandum are subject to the availability of funds and personnel of each country.
2. The present Memorandum does not create any binding obligations or commitments under any provision of international or domestic law and according to the national legislation of the Parties.
Article 8
Review
The amendments and additions may be inserted into the text of the Memorandum by mutual consent of the Parties. Amendments will be documented in separate protocols that will constitute an integral part of this Memorandum.
Article 9
Dispute settlement
All disputes regarding the interpretation and implementation of this Memorandum should be settled by negotiations and consultations between the Parties.
Article 10
Validity
This Memorandum is signed for undefined term and will come into effect 30 days after its signing.
The validity of this Memorandum may be terminated by written notification through diplomatic channels in 6 months before the denouncement date of this Memorandum.
Signed in Brasilia, on 25 October 2011, in two originals, each in the Portuguese, Ukrainian and English languages, all texts being authentic. In case of divergence in the interpretation, the English version will prevail.
MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF HEALTH OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE MINISTRY OF HEALTH OF UKRAINE ON CO-OPERATION IN THE FIELD OF HEALTH CARE AND MEDICAL SCIENCES
The Ministry of Health of the Federative Republic of Brazil
and
The Ministry of Health of Ukraine (hereinafter referred to as “Parties”),
Desiring to promote the co-operation between their countries in the field of health care and medical sciences,
Have reached the following understanding:
Article 1
The Parties will encourage of development of cooperation in the field of public health, medical science on the basis of the equality and mutual benefits.
Article 2
Specific areas of interest for co-operation will be defined by mutual consent of the Parties and may include:
a) primary health care and specialized medical assistance;
b) health education, diseases prevention and public health;
c) environmental health;
d) pharmaceutical policy;
e) epidemiological surveillance of transmissible diseases, with emphasis on HIV/AIDS and Sexually Transmitted Diseases;
f) nutrition policy.
Article 3
The Parties will facilitate the exchange of knowledge between Ukrainian and Brazilian research institutions and health care establishments in the areas of pharmaceutical products, new medical and pharmaceutical technologies, diagnosis kits and other medical equipment, for research, development, innovation, and production of these technologies.
Article 4
The Parties will endeavor to co-ordinate their policies in the field of health care with World Health Organization.
Article 5
All forms of co-operation under this Memorandum will be implemented in accordance with laws and regulations of both of Parties.
Article 6
1. The present Memorandum will come into effect on the day of its signature and will remain effective for a period of 5 years.
2. Any Party may notify the other, through diplomatic channels, of its intention to terminate this Memorandum. The termination will be effective six (6) months after the date of the notification, not affecting ongoing activities under this Memorandum, unless the Parties agree otherwise.
Done in Brasilia on 25 of October 2011, in two originals, in the Portuguese, Ukrainian and English languages, each text being equally authentic. In case of divergence in interpretation, the English text will prevail.