Artigo 22.º — Resolução de litígios

Em fé do que os signatários, devidamente autorizados para o efeito, assinaram o presente Acordo,

Feito em 2 exemplares, em língua inglesa e em língua portuguesa, prevalecendo em caso de dúvidas a versão em língua inglesa, aos 9 de novembro de 2013.

Pelo Governo da República Portuguesa:

Nuno Crato, Ministro da Educação e Ciência.

Pela Organização das Nações Unidas para a Educação, a Ciência e a Cultura:

Irina Bokova, Diretor-Geral.

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO) CONCERNING THE ESTABLISHMENT OF AN INTERNATIONAL CENTRE FOR ADVANCED TRAINING OF SCIENTISTS FROM PORTUGUESE-SPEAKING COUNTRIES IN AREAS OF BASIC SCIENCES, AS A CATEGORY 2 CENTRE UNDER THE AUSPICES OF UNESCO.

The Portuguese Republic and the United Nations Educational, Scientific and Cultural Organization (UNESCO), hereinafter referred to as "Parties",

Having regard to UNESCO's Medium-Term Strategy (2008-2013) whereby the Organization proclaims its Strategic Programme Objective 4: Fostering policies and capacity-building in science, technology and innovation;

Further noting the constituent elements of the mandate set for the International Basic Sciences Programme (IBSP) (as presented in documents 165 EX/9 and 176 EX/11);

Emphasizing UNESCO's role in catalysing international cooperation for human and institutional capacity-building in Member States in its fields of competence;

Recognizing the need and opportunity for cooperation in science within the Comunidade dos Países de Língua Portuguesa - CPLP (Community of Portuguese-Speaking Countries) and between this community and other countries of the world;

Considering 36 C/Resolution___ whereby the UNESCO General Conference seeks to favour international cooperation in respect of the development of high-level scientific capabilities, while promoting social responsibility, the mobility of scientists, and the fight against scientific brain drain, as well as training in the basic sciences of doctoral and post-doctoral young scientists located in universities and research laboratories in all CPLP countries;

Considering that the Director-General has been authorized by the General Conference to conclude with the Portuguese Republic an Agreement in conformity with the draft that was submitted to the General Conference;

Desirous to define the terms and conditions governing the contribution that shall be granted to the said Centre in this Agreement;

Have agreed as follows:

Article 1

Definitions

For the purposes of the present Agreement the expressions:

(a) "UNESCO" refers to the United Nations Educational, Scientific and Cultural Organization.

(b) "Host Country" means the Portuguese Republic.

(c) "Foundation" means the Portuguese Foundation for Science and Technology.

(d) "Centre" means the proposed International Centre for Advanced Training of Scientists from Portuguese-Speaking Countries in Areas of Basic Sciences.

Article 2

Establishment

The Host Country shall agree to take, in the course of the year 2013, any measures that may be required for the setting up at the Foundation of a centre under the auspices of UNESCO (category 2 centre), as provided for under this Agreement.

Article 3

Purpose of the Agreement

The purpose of this Agreement is to define the terms and conditions governing collaboration between the Host Country and UNESCO and also the rights and obligations stemming therefrom for the Parties.

Article 4

Legal status

To contract;

To institute legal proceedings;

To acquire and dispose of movable and immovable property.

Article 5

Constitutive Act

The Constitutive Act of the Centre must include provisions describing precisely:

(a) the legal status granted to the Centre, within the national legal system, the autonomous legal capacity necessary to exercise its functions and to receive funds, obtain payments for services rendered, and acquire all means necessary for its functioning;

(b) a governing structure for the Centre allowing UNESCO representation within its governing body.

Article 6

Objectives and Functions

The objectives and functions of the Centre shall be:

(a) to develop high-level scientific capabilities in, and cooperation between, the Comunidade dos Países de Língua Portuguesa - CPLP in the basic sciences, as well as cooperation of CPLP countries with the international community in the North and South while promoting social responsibility, the mobility of scientists, and the fight against scientific brain drain regionally and internationally;

(b) allow knowledge transfer, the building of capacity and the promotion of scientific collaboration in the basic sciences both regionally and internationally by exploiting the advanced infrastructure and expertise of Portuguese universities and research centres in Portugal and using opportunities for collaboration with higher education institutions and research centres in CPLP countries;

(c) organize training courses and workshops in priority areas of the basic sciences using local and international experts, including both introductory and specialized sessions on research advancements and innovations, as well as their societal implications and use for development;

(d) provide an advanced training programme for doctoral and post-doctoral students from CPLP countries in cooperation with universities and research institutions in Portugal and other CPLP countries, including a programme of fellowships of up to four (4) years for doctoral students and up to two (2) years for post-doctoral students;

(e) foster the activities of science networks and collaborative projects in CPLP countries, and the provision of scientific expertise for these countries, in particular with a view to promoting the mobility of scientists and combating brain drain;

(f) allow, in the longer term, the development of outreach programmes targeting the international civil society.

Article 7

Governing Board

(a) a representative of the Host Country who will be the Chair of the Board;

(b) a representative of each of UNESCO's Member States, which has sent to the Centre notification for membership, in accordance with the stipulations of Article 14, paragraph 2 below, and has expressed interest in being represented on the Board;

(c) a representative of the Director-General of UNESCO.

(a) approve the long-term and medium-term programmes of the Centre;

(b) approve the annual work plan of the Centre, including the staffing table;

(c) examine the annual reports submitted by the Director of the Centre, including a biennial self-assessment of the Centre's contribution to UNESCO's programme objectives;

(d) adopt the rules and regulations and determine the financial, administrative and personnel management procedures of the Centre in accordance with the laws of the country;

(e) decide on the participation of regional intergovernmental organizations and international organizations in the work of the Centre.

Article 8

Executive Committee

In order to ensure the effective running of the Centre between sessions, the Governing Board may delegate to a Standing Executive Committee, whose membership it determines, such powers as it deems necessary.

Article 9

International Advisory Scientific Board

(a) provide scientific expertise on, and/or carry out evaluation as required of activities proposed for the Centre; and

(b) provide policy advice on development of the long- and medium- term scientific programme of the Centre, and on the preparation of it's annual work plan; and

(c) assist in the appraisal of activities carried out by the Centre; and

(d) make recommendations on the optimum choice of science institutions and/or experts that may provide services required for the Centre; and

(e) provide advice on the development of international scientific partnerships in the framework of the Centre's programme activity.

Article 10

Secretariat

(a) members of UNESCO's staff who may be temporarily seconded by the Director-General on an exceptional basis, as defined in Article 12 below;

(b) any person appointed by the Director, in accordance with the procedures laid down by the Governing Board;

(c) Host Country officials who are made available to the Centre, as provided by the applicable laws and regulations of Portugal.

Article 11

Duties of the Director

The Director shall discharge the following duties:

(a) direct the work of the Centre in conformity with the programmes and directives established by the Governing Board;

(b) propose the draft work plan and budget to be submitted to the Governing Board for approval;

(c) prepare the provisional agenda for the sessions of the Governing Board and submit to it any proposals that he or she may deem useful for the administration of the Centre;

(d) prepare reports on the Centre's activities to be submitted to the Governing Board and UNESCO;

(e) appoint the members of the International Advisory Scientific Board as laid down in Article 9 above;

(f) represent the Centre in law and in all civil acts.

Article 12

UNESCO's contribution

(a) providing the assistance of its experts in the specialized fields of the Centre; and

(b) seconding members of its staff temporarily, as may be decided by the Director-General on an exceptional basis if justified by the implementation of a joint activity/project within a strategic programme priority area.

Article 13

Contribution of the Host Country

(a) make available to the Centre the required teaching and lecture facilities; and

(b) provide (euro)1.5 million ((euro)1.2 million in cash and (euro)0.3 million in kind) annually for the first six years for the direct budget of the Centre to cover, inter alia, its fellowships programmes, the organization of workshops, training courses, and international meetings, secretariat costs, hosting of the Centre and the provision of a central computer server. This support will be given on the basis of a long-term financial arrangement between the Host Country and the Centre; and

(c) encourage Portuguese institutions collaborating with the Centre to make financial and in-kind contributions; and

(d) help the Centre to undertake various fund-raising activities including those aimed at obtaining support from relevant CPLP institutions participating in the Centre's activity or interested in this activity; and

(e) make available to the Centre the staff necessary for the performance of its functions, which shall comprise a Director and such staff as is necessary for the proper functioning of the Centre.

Article 14

Participation

Article 15

Responsibility

As the Centre is legally separate from UNESCO, the latter shall not be legally responsible for the acts or omissions of the Centre, and shall also not be subject to any legal process, and/or shall bear no liabilities of any kind, be they financial or otherwise, with the exception of the provisions expressly laid down in this Agreement.

Article 16

Evaluation

(a) whether the Centre makes a significant contribution to the strategic goals of UNESCO;

(b) whether the activities effectively pursued by the Centre are in conformity with those set out in this Agreement.

Article 17

Use of UNESCO name and logo

Article 18

Entry into force

This Agreement shall enter into force, following its signature by the Parties, when they have informed each other in writing that all the formalities required to that effect by the applicable laws and regulations of Portugal and by UNESCO's internal regulations have been completed. The date of receipt of the last notification shall be deemed to be the date of entry into force of this Agreement.

Article 19

Duration

This Agreement is concluded for a period of five years as from its entry into force, and shall be deemed renewed for successive periods of five years unless otherwise expressly denounced by either party as provided for in Article 20.

Article 20

Denunciation

Article 21

Revision

This Agreement may be revised by consent between the Portuguese Republic and UNESCO.

Article 22

Settlement of disputes

In witness whereof, the undersigned being duly authorized thereto, have signed this Agreement.

Done in 2 copies in English and Portuguese, the English version being the authoritative version, on 9(th) November 2013.

For the Portuguese Republic:

Nuno Crato, Minister of Education and Science.

For the United Nations Educational, Scientific and Cultural Organization:

Irina Bokova, Director-General.