- 1.O presente Acordo vigorará por um período de 3 (três) anos e será automaticamente renovado por períodos sucessivos de 3 (três) anos.
- 2.Cada uma das Partes pode em qualquer momento denunciar o Acordo, através de notificação à outra Parte, por escrito, por via diplomática, com uma antecedência mínima de 6 (seis) meses em relação ao seu termo.
- 3.A denúncia do Acordo não prejudica a conclusão de qualquer programa de cooperação e/ou projeto em curso, salvo decisão em contrário das Partes.
EM FÉ DO QUE os abaixo-assinados, devidamente autorizados pelos seus Governos, assinaram este Acordo.
FEITO em duplicado em Jacarta, a 22 de maio de 2012, nas línguas portuguesa, indonésia e inglesa, sendo todos os textos igualmente autênticos. Em caso de divergência de interpretação prevalecerá a versão inglesa.
Pela República Portuguesa:
Paulo Sacadura Cabral Portas, Ministro de Estado e dos Negócios Estrangeiros.
Pela República da Indonésia:
R. M. Marty M. Natalegawa, Ministro dos Negócios Estrangeiros.
(ver documento original)
CO-OPERATION AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF INDONESIA IN THE FIELDS OF EDUCATION, SCIENCE AND TECHNOLOGY, CULTURE, TOURISM, YOUTH, SPORTS AND MASS MEDIA.
The Portuguese Republic and the Republic of Indonesia, hereinafter singularly referred to as "the Party" and hereinafter jointly referred to as "the Parties";
Desiring to strengthen the friendly relations between both countries and their peoples and to promote mutual understanding and knowledge through a cultural relationship;
Inspired by common desire to promote and develop co-operation in the fields of Education, Science and Technology, Culture, Tourism, Youth, Sports and Mass Media on a basis of equality, reciprocity, mutual respect and benefit;
Pursuant to the prevailing laws and regulations of their respective countries;
Have agreed as follows:
PURPOSES AND OBJECTIVES
Article 1
Purposes and Objectives
The Parties shall promote mutual knowledge, greater communication and co-operation between the two countries and their peoples and the development of reciprocal relations in the field of Education, Science and Technology, Culture, Tourism, Youth, Sports and Mass Media.
EDUCATION
Article 2
Basic and Secondary Education
- 1.The Parties shall encourage the establishment and development of the co-operation on the basic and secondary education between the competent government authorities of the respective countries.
- 2.The Parties shall promote and support reciprocal access to institutions that provide elementary and secondary education, in accordance with the prevailing laws and regulations in their respective countries.
Article 3
Higher Education
- 1.The Parties shall support direct co-operation between higher education institutions and encourage the exchange of academics, teaching/non-teaching staff and students, as well as the participation in congresses, conferences and seminars.
- 2.Both Parties shall promote an exchange of information on the respective higher education systems, in order to facilitate the recognition of academic degrees, diplomas and other certificates issued by the other Party, in compliance with the national regulations in force during the course of this Agreement.
Article 4
Languages
- 1.The Parties agree to promote the study of their national languages in the other Party's territory.
- 2.To promote the Portuguese language, the Portuguese Party shall cooperate in the development and teaching of Portuguese language as part of the curriculum at the higher education institutions in Indonesia.
- 3.The Indonesian Party shall promote and facilitate the study of the Indonesian language at universities and education learning institutions in Portugal.
Article 5
Scholarships
Either Party shall endeavour to provide scholarships to students and teachers, in a reciprocal basis, and shall promote their participation in specific courses and training, particularly in the field of language of either country.
SCIENCE AND TECHNOLOGY
Article 6
Science and Technology
The Parties shall co-operate in the fields of Science and Technology, particularly by:
a. encouraging the exchanges of academics, scientists and researchers;
b. encouraging participation in congresses, conferences, seminars;
c. promoting joint research project in the mutually agreed areas of scientific and technological co-operation; and
d. encouraging the development of direct contacts between scientific institutions of both Parties.
CULTURE AND TOURISM
Article 7
Cultural Co-operation
The Parties shall co-operate in the field of culture, particularly by encouraging:
a. The organization of mutual visits for writers, painters, musicians, dancers and other artists, as well as restoration experts and curators;
b. Co-operation between other bodies of a cultural nature;
c. The organization of art exhibition and other cultural events;
d. Cultural promotion:
e. Cultural dialogue;
f. Exchange of information;
g. Traditional culture;
h. Arts and Films;
i. Cultural and Creative Industries; and
j. Any other areas agreed by both Parties.
Article 8
Archaeology, History, Traditional Culture and Museums
The Parties shall encourage co-operation in the fields of Archaeology, History and Traditional Culture as well as between their respective museums, national archives and national libraries.
Article 9
Restoration and Conservation
The Parties shall endeavour to encourage, to the extent as possible, cultural co-operation by means of promotion of activities in the fields of Restoration and Conservation of culture creation, including archives and manuscripts.
Article 10
Establishment of cultural Institutions
- 1.Pursuant to the prevailing laws and regulations, either Party shall facilitate the establishment of cultural institutions of the other Party in their territory.
- 2.The term "cultural institutions" refers to cultural centres, language centres, and other organisations whose purpose is to promote culture.
Article 11
Import and Distribution of Non-commercial Material
The Parties shall facilitate, according to their prevailing laws and regulations, the import and subsequent re-export and free circulation, for non-commercial purposes, of all materials originating from the other Party.
Article 12
Safeguard of National Cultural Heritage
The Parties shall endeavour all necessary measures to prevent illegal import, export and circulation of property belonging to the Parties' national cultural heritage, in conformity with International law and the prevailing laws and regulations of the respective countries.
Article 13
Cultural and Creative Industries
The Parties shall promote cooperation in the field of cultural and creative industries between related government institutions, and organizations of both countries.
Article 14
Tourism
The Parties shall enhance and promote co-operation in the field of tourism through the following means:
a. encouraging and facilitating co-operation within the tourism sector including tourism promotion and tourism product development;
b. encouraging tourism authorities to strengthen the exchange of experience in the field of sustainable tourism development, favouring mutual knowledge of projects in this area, as well as practice and experience in the field of tourism marketing, in particular branding communication online and offline and market knowledge.
YOUTH AND SPORTS
Article 15
Youth
The Parties shall support and encourage co-operation between youth organizations or other entities working in the field of youth of both countries by means of exchange of information and documentation to give a better mutual understanding between the youth of both countries.
Article 16
Sports
- 1.The Parties shall promote co-operation in the field of sports between related government institutions, sports federations and organizations of both countries, by means of training and development of human resources as well as the exchange of experts, sport persons, and information on sport industry.
- 2.The Parties shall promote the exchange of experience and information in the management of sports, laws and regulations on sports, training theory and methodology, sports architecture and engineering, sports infra-structure management, sports medicine, doping control, sport violence control and scientific research programs and sports technique in general.
- 3.The Parties agree to conduct bilateral sports co-operation programs.
COMMUNICATION AND INFORMATION
Article 17
Mass Media
- 1.The Parties shall encourage co-operation between media companies in their countries such as printed media, radio, television, online media and news agency, particularly those whose purpose is for public service.
- 2.The Parties shall encourage activities of co-operation as follows:
a. exchange of experts, journalists, trainers and/or trainees in the field of (mass) media;
b. exchange of experience as well as best practices related to the broadcasting, media regulation, content industry promotion and public outreach activities among public information services and among agencies of the respective countries;
c. exchange of radio, TV, digital media programs covering the political, economic, social and cultural aspects of life of the respective countries;
d. exchange visits and trainings and internship for technical personnel and media people to enhance the development of media and broadcasting in the respective countries;
e. joint research and workshop on the development of media and information technology.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Article 18
Intellectual Property Rights
- 1.Each Party shall protect, within its territory, intellectual property rights of other Party in accordance with the domestic law in force in their respective country.
- 2.In case specific arrangement, programs or project may result in intellectual property, the Parties shall conclude separate arrangement in accordance with their respective regulations.
PROTECTION OF GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
Article 19
Genetic Resources, Traditional Knowledge and Folklore
- 1.The Parties shall recognize the existence and promote the effective protection of Genetic Resources, Traditional knowledge and Folklore as well as the Parties' exclusive rights to prevent any miss-exploitation, misappropriation and misuse of the Parties' Genetic Resources, Traditional Knowledge and Folklore.
- 2.Any use and/or development of Genetic Resources, Traditional Knowledge and Folklore under this Agreement shall be carried out through special arrangements.
Article 20
Material Transfer Agreement
Taking into account the applicable laws and regulations of the Parties, in the event that the research material used in the co-operation activities under this Agreement will be transferred to the other Party, the material shall be transferred using a Material Transfer Agreement.
IMPLEMENTATION
Article 21
Mechanisms of Co-operation
- 1.The implementation of this Agreement shall be defined in specific arrangements to be agreed by the Parties, which shall be subject to and in conformity with the Agreement.
- 2.The Parties, for the purpose of the present Agreement and in order to establish detailed co-operation and exchange methods, shall prepare co-operation programmes.
Article 22
Coordinating and Executing Entities
- 1.The Parties agree that the Ministry of Foreign Affairs of the Portuguese Republic and the Ministry of Foreign Affairs of the Republic of Indonesia are responsible as coordinator for the implementation of this Agreement, including coordination of the Joint Committee.
- 2.The executing entities of both Parties for the implementation of the Co-operation Programmes shall be indicated in each Co-operation Programme.
Article 23
Financial Arrangements
Activities, programs or projects implemented under this Agreement shall be subject to the availability of funds and personnel of the Parties.
Article 24
Limitation of Personnel Activities
The Parties ensure that their personnel engaged in the activities under this Co-operation Agreement shall, while visiting the other Party's territory, engage only in activities under the framework of this Co-operation Agreement and respect the national laws and regulations of the respective countries.
Article 25
Confidentiality
- 1.Each Party shall undertake to observe the confidentiality and secrecy of documents, information and other data received or supplied to the other Party during the period of the implementation of this Agreement or any other agreements made pursuant to the Agreement.
- 2.If either Party wishes to disclose any data and/or information resulted from and/or supplied by the other Party for the co-operation activities under this Agreement to any third party, the disclosing Party must obtain prior written consent from said other Party before any disclosure can be made.
- 3.The Parties agree that the provision of this Article shall continue to be binding between the Parties notwithstanding the termination of this Agreement.
- 4.The provision of this article shall not prejudice the prevailing laws and regulations of the Parties.
Article 26
Joint Committee
- 1.The Parties shall establish a Joint Committee which comprises of the representatives of the respective Parties and shall be co-chaired by the senior officials of both Parties.
- 2.The Joint Committee shall:
a. consider ways and means to achieve the objective of this Agreement;
b. consider and recommend to the Parties any project or program;
c. monitor and review co-operating activities implemented under this Agreement.
- 3.The Joint Committee shall meet whenever considered necessary by both Parties to review the implementation of this Agreement on the date and place mutually agreed upon alternately in Portugal and Indonesia.
GENERAL PROVISIONS
Article 27
Settlement of Disputes
Any disputes arising out of the interpretation or implementation of this Agreement shall be settled amicably through negotiations between the Parties, through diplomatic channels.
Article 28
Relations to other International Agreements
This Agreement shall not prejudice the rights and obligations of the Parties stemming from other International Agreements to which the Portuguese Republic and the Republic of Indonesia are Parties.
AMENDMENT, ENTRY INTO FORCE, DURATION AND TERMINATION
Article 29
Amendment
- 1.This Agreement may be amended by mutual written consent of the Parties through diplomatic channels.
- 2.Such amendment shall enter into force in accordance with article 30 of this Agreement.
Article 30
Entry Into Force
This Agreement shall enter into force 60 (sixty) days following the date of receipt of the latest notification made by either Party, in writing and through diplomatic channels, informing that the internal legal procedures required for the entry into force of the Agreement have been fulfilled.
Article 31
Duration and Termination
- 1.This Agreement shall remain in force for a period of 3 (three) years and shall be automatically renewed for every successive period of 3 (three) years.
- 2.Each Party may terminate this Agreement at any time by giving a written notification, through diplomatic channels, 6 (six) months prior to the intended date of termination to the other Party.
- 3.The termination of this Agreement shall not affect the completion of any on-going co-operation program and/or projects, unless otherwise decided by the Parties.
IN WITNESS WHEREOF the undersigned, being duly authorized by their Governments, have signed this Agreement.
DONE in duplicate, in Jakarta, on the 22nd day of May in the year two thousand and twelve, in the Portuguese, Indonesian and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.
For the Portuguese Republic:
Paulo Sacadura Cabral Portas, Minister of State and Foreign Affairs.
For the Republic of Indonesia:
R. M. Marty M. Natalegawa, Minister of Foreign Affairs.
Artigo 31.º — Vigência e denúncia
Vigente desde: 08/05/2014