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Você está aqui: Home Contact us Press Area Press Releases Signature of treaties on the occasion of the official visit of President Dilma Rousseff to India - New Delhi, March 30, 2012.
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Signature of treaties on the occasion of the official visit of President Dilma Rousseff to India - New Delhi, March 30, 2012.

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Published in Apr 02, 2012 08:34 PM Updated in Aug 20, 2015 02:31 PM

PROGRAMME OF COOPERATION ON SCIENCE AND TECHNOLOGY BETWEEN THE MINISTRY OF SCIENCE, TECHNOLOGY AND INNOVATION OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE DEPARTMENT OF SCIENCE AND TECHNOLOGY, MINISTRY OF SCIENCE & TECHNOLOGY
OF THE REPUBLIC OF INDIA (2012-14)

The Ministry of Science, Technology and Innovation of the Federative Republic of Brazil

and

The Department of Science and Technology, Ministry of Science and Technology of the Republic of India

(hereinafter referred to as the “Parties”),

Expressing their wish and joint interest in deepening cooperation in science, technology and innovation between the Parties;

Convinced that supporting the implementation of joint projects shall help to strengthen friendly relationships between the Parties;

Desirous of strengthening contacts established within cooperation pursuant to the Agreement on Scientific and Technological Co-operation between the Republic of India and the Federative Republic of Brazil signed in Brasilia, on 12 September 2006,

Have hereby agreed to cooperate as follows:

Article 1
Forms of Cooperation

1. In order to develop mutual cooperation the Parties shall exchange:

a) Publications of scientific nature;

b) Information pertaining to holding scientific workshops, seminars, symposia, conferences, congresses and other meetings that take place in the states of the Parties;

c) Information pertaining to national policies and strategies of supporting research, development and innovations in force and effect in the states of the Parties.

2. In order to develop mutual cooperation the Parties shall support:

a) Establishment of contacts and development of cooperation among institutions active in the field of science, technology, research, development and innovations in both countries;

b) Implementation of joint projects of fundamental research and applied research in areas of common interest;

c) Exchange of students, scientists, researchers, specialists and scholars for the development of programmes, projects and other scientific and technological cooperation actvities;

d) Other forms of cooperation on which they agree in writing.

Article 2
Areas of Cooperation

The Parties shall support the implementation of joint projects in the following areas of common interest:

a) Biotechnology;

b) Computers sciences and ICT;

c) Earth Systems Sciences including Ocean sciences and Climate change;

d) Engineering, Material sciences and Nanotechnology;

e) Health & Biomedical sciences;

f) Mathematics;

g) Natural sciences;

h) Renewable energy , Energy efficient and Low Carbon technologies;

i) Other areas that may be mutually agreed.

Article 3
Joint Projects

1. At least one (1) research team from the Republic of India and from the Federative Republic of Brazil shall participate in each joint project.

2. The aim of a joint project shall be to achieve its designated objectives in the agreed timeframe

3. A joint project may last for three (3) years and may be considered for next phase on the basis of joint review

Article 4
Implementation Mechanism

1. In order to provide for the evaluation and coordination of the implementation of objectives of this Programme of Cooperation, the Parties shall use Indo – Brazilian Joint Commission on S&T;, which shall:

a) Evaluate conditions for scientific and technological cooperation between the Parties, prepare recommendations to enhance its efficiency and identify its priority areas. In this role, the Joint commission will be periodically guided by the Indo-Brazil Science Council;

b) Announce calls to submit joint project proposals in the states of the Parties and determine their terms and conditions;

c) Identify joint projects that shall receive support from public funds in the states of the Parties based on the result of evaluation of joint project proposals.

2. Each Party shall be represented in the Commission, which shall comprise a Indian and Brazilian part, by the same number of representatives as the other Party.

3. Each Party shall appoint a Chairperson and a Member-Secretary of its part of the Commission from its representatives, who shall ensure exchange of information between its meetings and organise work of their respective part of the Commission.

4. Each Party shall inform the other Party of the composition of its part of the Commission in writing.

5. Representatives of institutions active in the field of science, technology, research, development and innovations in the states of the Parties may also become members of the Commission.

6. The Commission shall usually meet once every two (2) years, in turns in the Republic of India and in the Federative Republic of Brazil on dates on which the Parties agree in writing.

7. If necessary, the Parties may hold a meeting of the Commission even in between scheduled meetings on dates on which they agree in writing.

8. Conclusions from a meeting of the Commission shall be adopted in the form of minutes from the Commission meeting done in English and signed by the Chairpersons of both parts of the Commission.

9. Provided a meeting of the Commission cannot take place on a given date for any reason, deliberations may take the form of an exchange of correspondence between the Chairpersons of both parts of the Commission.

Article 5
Evaluation of Joint Project Proposals

1. The Parties shall periodically announce a call for joint project proposals always at least six (6) months before the date when the Commission meets in accordance with the terms and conditions agreed by the Commission.

2. A call for joint project proposals shall always last at least two (2) months from its announcement; the date of its announcement shall be agreed by the Commission.

3. A joint project proposal shall be submitted simultaneously by the Indian part of the proposed research team in the Republic of India and by the Brazilian part of the proposed research team in the Federative Republic of Brazil in accordance with the terms and conditions pertaining to calls for joint project proposals; otherwise a joint project proposal shall not be assessed.

4. A joint project proposal shall be evaluated separately in each state of the Parties in accordance with legal regulations in force and effect in the states of the Parties.

5. A joint project shall receive support from public funds only if it is granted this support simultaneously in both states of the Parties.

6. Joint projects that shall receive support from public funds in the states of the Parties shall be selected by the joint Commission based on evaluation of joint project proposals.

Article 6
Financial Provisions

1. The objectives of the Programme of Cooperation shall be implemented keeping in view the financial capacity of the Parties and in accordance with legal regulations in force and effect in their respective states.

2. The sending Party shall cover entire international travel expenses to the state of the receiving Party and back for persons sent pursuant to this Programme of Cooperation, including local travel and stay arrangemet (hotel expenses and perdiem etc.) in the country to be visited.

3. The sending Party shall also cover costs of medical insurance effected for persons sent pursuant to this Programme of Cooperation for the period of stay in the state of the receiving Party, including costs related to the repatriation of ill persons; health care shall be provided to the sent person in accordance with legal regulations in force and effect in the state of the receiving Party.

Article 7
Protection of Intellectual Property Rights

The protection of intellectual property rights shall follow legal regulations in force and effect in the states of the Parties as well as international treaties by which the states of the Parties are bound.

Article 8
Final Provisions

1. This Programme of Cooperation may be amended and supplemented only upon mutual agreement of the Parties. Amendments and additions shall be executed in writing.

2. Disputes that may arise during the implementation of this Programme of Cooperation shall be resolved by a negotiation between both Parties.

3. This Programme of Cooperation shall come into force and effect on the day when it is signed, shall remain in force and effect for a period of three (3) years and shall automatically get extended for a period of one (1) year unless one of the Parties shall withdraw from it through diplomatic channels at least six (6) months before its force and effect is to come to an end.

4. Activities launched pursuant to this Programme of Cooperation during its force and effect shall be completed regardless of the termination of its force and effect unless the Parties agree otherwise through diplomatic channels.

Done in New Delhi on March 30th, 2012 in two originals, in Portuguese and English languages, both texts being equally valid. In case of discrepancy in interpretation the English text shall prevail.

MEMORANDUM OF UNDERSTANDING ON TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF INDIA

The Government of the Federative Republic of Brazil

and

The Government of the Republic of India
(hereinafter referred to as “Parties”),

Recognizing the wish to strengthen the existing ties of friendship between the Parties;

Considering the mutual interest in the improvement and in the enhancement of the social and economic development of their respective countries;

Convinced of the necessity to lay emphasis on sustainable development;

Recognizing the reciprocal advantages of technical cooperation in the areas of common interest; and

Desiring to develop cooperation which stimulates technical progress,

Have come to the following understanding:

Article I

This Memorandum of Understanding aims to establish the political willingness of both Parties to join in bilateral technical cooperation activities in the future.

Article II

The Parties will, subject to the availability of funds and their respective national laws and regulations, jointly or separately contribute to implement initiatives under this Memorandum of Understanding.

Article III

Meetings between representatives of the Parties will be held to discuss issues related to this MoU, as agreed upon through diplomatic channels

Article IV

1. The Parties will provide the personnel sent from one country to the other under the terms of this Memorandum of Understanding all the logistical support related to their travel, accommodations and access to information required in order to carry out their specific duties and functions, as well as other facilities agreed upon by the Parties.

2. The personnel of each Party travelling to the country of the other Party in the course of the implementation of this Memorandum of Understanding will respect and comply with the terms of each cooperation initiative and the national laws, rules and regulations of the host country.

Article V

Any dispute arising out of the interpretation, application or implementation of this Memorandum of Understanding will be settled amicably by consultation or direct negotiations between the Parties, through diplomatic channels.

Article VI

1. The present MoU shall come into effect on the date of its signature.

2. Either Party may request in writing through diplomatic channels, a revision or amendment of this Memorandum of Understanding. Any revision or amendment agreed upon by the Parties will take effect on such date as may be determined by the Parties taking into account their respective domestic requirements and will form an integral part of this Memorandum of Understanding.

Article VII

1. This Memorandum of Understanding will remain in effect for a period of five (5) years and will be automatically renewed for equal and consecutive periods, unless one Party notifies the other Party through diplomatic channels, of its desire to suspend or terminate it at least six (6) months prior to the intended suspension or termination. In such a case, the suspension or termination will take effect six (6) months after the date a Party receives such official notice.

2. The termination of this Memorandum of Understanding will not affect initiatives being implemented under this Memorandum of Understanding until the completion of such initiative, unless the Parties agree otherwise in writing.

Done in New Delhi on the 30th day of March in two (2) originals, in the Portuguese and English languages, all texts being equally authentic. In the case of divergence of interpretation, the text in English will prevail.

MEMORANDUM OF UNDERSTANDING BETWEEN THE GENERAL ACCREDITATION COORDINATION OF THE NATIONAL INSTITUTE OF METROLOGY, QUALITY AND TECHNOLOGY- CGCRE/INMETRO AND THE NATIONAL ACCREDITATION BOARD FOR CERTIFICATION BODIES - NABCB

The General Accreditation Coordination - Cgcre, which has the responsibility for accreditation activities in The National Institute of Metrology, Quality and Technology -Inmetro, Federal Autarchy of The Ministry of Development, Industry and Foreign Trade, with headquarters in SEPN - Quadra 511 - Edifício Bittar III - 4º floor, Brasília, Federal District and offices in the Santa Alexandrina Street nº. 416, Rio Comprido, Rio de Janeiro, RJ, Brazil, here represented by its President João Alziro Herz da Jornada and its General Coordinator for Accreditation Marcos Aurélio Lima de Oliveira; and the National Accreditation Board for Certification Bodies - NABCB, National Accreditation Body of India, with headquarters in 2nd Floor, Institution of Engineers Building, 2, Bahadur Shah Zafar Marg, New Delhi 110002, here represented by its CEO, Mr. B. Venkataram; hereinafter referred to as the parties;

With the objective of precipitating the necessary actions that will render effective the mutual recognition of the accreditations granted by the accreditation bodies signatories of the present Memorandum of Understanding;

Emphasizing that both Cgcre and NABCB participate in accreditation forum, such as International Accreditation Forum – IAF;

Considering that both Cgcre, as well NABCB recognize as a basis for their procedures and criteria the standards and guides of the International Standardization Organization - ISO and the guidelines of IAF for the application of such standards; therefore,

The parties have decided to sign the present Memorandum of Understanding (MOU).

Article 1:This agreement applies to cross frontier accreditation of conformity assessment bodies (CAB). It is accepted as a basis for this understanding the respect to the dispositions each party establishes about cross frontier accreditation, based on IAF Guidance On Cross Frontier Accreditation (IAF GD3).

Article 2: The interested parties agree upon the mutual recognition of the results obtained in the assessments carried out by both bodies. The above-mentioned mutual recognition is conditioned upon:

• The accomplishment of IAF (IAF PL1) Code of Conduct for Accreditation Body and applicable requirements of ISO/IEC 17011;

• the use and implementation of the IAF Guidance On Cross Frontier Accreditation (IAF GD3);
• the use of ISO/IEC standards or equivalent standards in accreditation and the applicable IAF complementary documents, as well as other criteria agreed upon by the parties, in the assessments carried out by such parties;

• accomplishment with the terms of this Memorandum of Understanding and the maintenance of the status of the parties as signatories of IAF Multilateral Agreement (MLA), for the applicable accreditation scopes.

Article 3: The parties, in the event of mutual interest, will stimulate activities that promote or lead to the strengthening of the accreditation practices of each body, such as the exchanging of general information, development of new programs and criteria; training and qualification of assessors, joint assessments carried out at the offices of the conformity assessment body (CAB) as well as witnesses audits;

Article 4: The parties agree to supply all the information, documentation and/or training necessary for the carrying out of assessments, surveillance and reassessments, either jointly, or on behalf of the other party. They shall also be committed to provide their assessment schedules of the CAB that have agreed to participate in the Cross Frontier Accreditation. The exchange of information and communication will be in English, except when otherwise agreed.

Article 5: Both parties agree to make available documents as accreditation procedures, procedures for the qualification of personnel, models of reports, amongst others. The sole objective is to provide knowledge of the practices of the parties, thereby clarifying any possible doubts.

Article 6: It shall be decided, on a case by case basis the convenience of joint audits, acceptance of reports or use of the personnel of other party.

Article 7: Subcontracting of Assessment

In order to support cross frontier accreditation process, one party may decide to subcontract an assessment (or part of it) to the other party.

a) When one of the parties carries out assessments on behalf of the other party, the party that performs the assessment shall be responsible for:

• proposing the assessment team and submitting such team for the subcontracting party;
• proposing the assessment plan according to the scope defined by the subcontracting party;
• Implementing its assessment procedure, considering possible changes proposed and agreed with the subcontracting party;
• issuing the report in English, for the assessments performed in India, and in Portuguese, for the assessments performed in Brazil, within a maximum period of 1(one) month after carrying out the assessment and;
• reviewing the corrective actions presented for any eventual non-conformities, as well as carrying out the necessary activities for the verification of the efficacy of such actions, including possible follow-up assessments agreed with the subcontracting party;
• submit to the subcontracting party the assessment reports as well as the outcome of the corrective actions review and other relevant and convenient information.

b) The subcontracting party of the assessment shall have obtained previous consent from the CAB about the involvement of the other party.

Article 8: In the assessments carried out according to Article 7, the parties are hereby committed to assure that:

• the assignment to the assessments are clear and specific in relation to the criteria, requirements and scopes of accreditation to be assessed;
• any specific requirements, guidance on application of requirements adopted by the parties, either jointly or individually, shall be assessed;
• the results of the assessments carried out shall be sufficiently clear and detailed so as to facilitate discussions between parties that were not present at the assessment.

Article 9: The costs of the assessments carried out on behalf of the other party (article 7) shall be received directly from the assessed CAB, according to the prices usually charged by the party that carried out the assessment.

Article 10: Any eventual translation costs that may be incurred due to the application of Article 7 shall be covered by either the receiving body or by the CAB.

Article 11: Joint assessments – In order to support both accreditations, the parties may agree upon the carrying out of joint assessments, defined as those which both parties contribute with assessors or experts. When carrying out joint assessments, the parties shall be responsible for:

• Agreeing upon the indication of the lead assessor and other members of the assessment team, being the lead assessor preferably from the local accreditation body;
• Considering the cycles of accreditation of the CAB, for each accreditation body;
• Establishing a joint assessment plan;
• Preparing the assessment report and carrying out the post-assessment activities as a joint effort, including the assessment of the corrective actions proposed by the CAB.

Article 12: For the assessments carried out according to Article 11, each party shall define the costs for the work of their assessor separately, according to the prices that they usually charge, and they shall receive such values directly from the CAB.

Article 13: Each party shall be responsible for any eventual translation costs that may be incurred due to assessment report. Nevertheless, Cgcre will facilitate the translation of the mentioned report from Portuguese into English.

Article 14: Each party is responsible for the decisions taken on the accreditation of the CAB and for informing the other party of the decisions that affect the common accreditation scope.

Article 15: The parties are committed to jointly investigate and resolve any eventual appeals due to the implementation of this agreement.

Article 16: The parties are committed to assisting one another in the investigation and resolution of complaints made by third parties on the activities carried out by the CAB and its clients in that which applies to this agreement.

Article 17: The confidentiality of the information obtained about the CAB shall be maintained, unless it is information that belongs to the public domain; unless CAB gives its formal permission; or unless it is information required to be made available by a judicial, fiscal or regulatory authority, in which case, all interested parties shall be made aware of such eventuality. The confidentiality of the information obtained about the other party shall be maintained, unless it is information that belongs to the public domain; unless the other party gives its formal permission; or unless it is information required to be made available by a judicial, fiscal or regulatory authority, in which case, all interested parties shall be made aware of such eventuality.

Article 18: The parties can provide professionals to act as observers and interpreters in the activities covered by this Memorandum of Understanding.

Article 19: In the event of a dispute that cannot be resolved through discussion between the parties, one or both parties shall contact the IAF Board via its Secretary for mediation on the disputed issue.

Article 20: The present Memorandum of Understanding will enter into force on the last date of its signing and will remain in effect indeterminately. The parties recognize the dynamic nature of the present Memorandum of Understanding and it may be amended if mutually agreed upon, and may be terminated at any time by means of formal notification in writing. In case of termination, the effects of this memorandum shall remain for a period of 180 days.

The present Memorandum of Understanding is signed in (4) four copies, (2) two in Portuguese and (2) two in English. In case of doubts about its content, the English version will be applied.

BRAZIL - INDIA STATEMENT OF INTENT FOR PROMOTION OF GENDER EQUALITY AND ADVANCEMENT OF THE RIGHTS OF WOMEN AND CHILDREN

The Government of the Federative Republic of Brazil

And

The Government of the Republic of India

Referring to Ministry of Women and Child Development of the Republic of India (“MWCD India”) and, the Secretariat of Policies for Women of the Federative Republic of Brazil (“SPW Brazil”), as the “Parties”;

Reaffirming their common commitment to promote gender equality and to advance the rights of women and children, as well as the diplomatic ties between both the countries;

Highlighting the advancement of public policies in India and Brazil to promote gender equality, the rights of women and children;

Reaffirming the principles of dignity and value of human beings and of equal rights between men and women;

Reiterating their commitment to full implementation of the Declaration and Platform for Action adopted at the Fourth World Conference on Women held in Beijing in 1995;

Reiterating the obligations under the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child;

Stressing the importance of promoting and protecting women’s rights in their countries, their respective regions and in the world;

Expressing their conviction that the participation of women in society on equal terms with men is constitutive of democracy and essential to the development of full potential of the countries;

Reaffirming the intricate linkages between macroeconomic policy, gender equality and poverty eradication and need for coordinated policies responses to pursue the goal of holistic empowerment of women and child development in both the countries;

Expressing their decision to join their efforts in order to consolidate in both the countries the necessary measures to eliminate discrimination against women and to advance the rights of women and children;

Declare through this statement of their intention that the Parties would work towards formalization of a Memorandum of Understanding or Agreement (MoU/A) while taking into account the following, among other issues:

1. Promotion of information exchange between the Parties to eliminate discrimination against women and to achieve gender equality, as an essential step to achieve more inclusive societies, where women can participate on equal terms with men in political, social and economic spheres of both countries;

2. Taking steps to increase egalitarian, pluralistic and inclusive participation of women in positions of power and decision-making at national and regional levels;

3. Paying special attention to the inclusion of women in economic processes, promoting their economic empowerment and focusing on women who live in conditions of extreme poverty;

4. Promotion of the value of education as a fundamental tool to achieve empowerment, participation, inclusion, tolerance and respect for diversity by which they are characterized;

5. Continuing to work to achieve health for all women and children;

6. Condemning all acts of violence committed against women and children and join forces to fight gender based violence in any of its manifestations, within the framework of the international agreements and of the respective national legislations in force;

7. Continuing to promote gender equality through mainstreaming gender in all public policies taking into account especially the circumstances that characterize vulnerable groups of women;

8. Establishment of a bilateral Joint Working Group (JWG) headed by representatives of the respective Parties and comprising of representatives of other Ministries, Departments and Organizations as the Parties may co-opt;

9. Work out the details of JWG within ninety days from the Declaration of this Statement and its meeting alternatively in both the countries;

10. JWG to include, as its first activity, an Action Plan that includes the identification of actions at different levels, aimed to achieving the purposes enunciated in the Declaration of this Statement, considering, among others, the following:

a. Economic empowerment of women;

b. Inclusive education;

c. Advancement of the rights of children;

d. Egalitarian, pluralistic and inclusive participation of women in spaces of power and decision making including political leadership;

e. Equality of women in the workplace;

f. Skills development and skills up-gradation of women and adolescents;

g. Improvement of living conditions and overall health of women and children;

h. Women’s access to civil documentation, in rural and urban areas;

i. Eliminating discrimination and violence against women;

j. Such other goals within the purview of this Statement as the competent authorities may agree upon.

11. Subject to the domestic law in force in their respective countries, committing themselves, in a regime of reciprocity, and when so requested, the Parties, to provide mutual cooperation in terms of exchange of visits and sharing of information and experience through publications, workshops, seminars, conferences, trainings and video conferences; sharing of best practices; promotion of civil society co-operation; establishment of joint institutions, projects and other joint mechanisms, as the competent authorities may agree upon, including, but not limited to those mentioned in paragraph 10 a. to 10.j above.

12. The Parties will give priority to the formalization of MoU/A and to implementation of the present Statement of Intent, convinced that the incorporation of gender equality and child development will allow the achievement of more inclusive societies.

Issued in New Delhi on 30 March 2012, in two originals in Portuguese and English languages, both texts being equality authentic. In case of any divergence in interpretation, the English text shall prevail.

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