A Parte em cujo território for assinado o presente Acordo, submetê-lo-á para registo junto do Secretariado das Nações Unidas, após a sua entrada em vigor, nos termos do artigo 102.º da Carta das Nações Unidas, devendo igualmente notificar a outra Parte da conclusão deste procedimento e indicar-lhe o número de registo atribuído.
Em testemunho de que os abaixo assinados, devidamente autorizados pelos respetivos Governos, assinaram e selaram este Acordo.
Assinado em Durban aos 28 dias do mês de agosto de 2015 em dois originais nas línguas Portuguesa e Inglesa, fazendo ambos os textos igualmente fé.
Pela República Portuguesa:
Nuno Crato, Ministro da Educação e Ciência.
Pela República da África do Sul:
Naledi Pandor, Ministra da Educação e Tecnologia.
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF SOUTH AFRICA ON SCIENTIFIC AND TECHNOLOGICAL COOPERATION
Preamble
The Portuguese Republic and the Republic of South Africa (hereinafter jointly referred to as the "Parties" and separately as the "Party"):
Recognising the importance of science and technology in the development of their national economies and in the improvement of their socio-economic standards of life;
Considering that the development of scientific and technological relations shall be of mutual benefit to the Parties;
Desiring to strengthen the cooperation between the two countries, particularly in the fields of science and technology for their mutual benefit;
Considering further that such cooperation will promote the development of existing friendly relations between the Parties;
hereby agree as follows:
Article 1
Objectives
The Parties shall promote and support the development of cooperation in the fields of science and technology between their countries on the basis of equality and mutual benefit.
Article 2
Modalities of cooperation
Cooperation between the Parties in the fields of science and technology shall be effected by means of:
(a) The exchange of scientists, research workers, technical experts and scholars;
(b) The exchange of scientific and technological information and documentation;
(c) The organisation of bilateral scientific and technological seminars, conferences and workshops in areas of mutual interest;
(d) The formulation and implementation of joint research and development programmes and exchange of knowledge resulting therefrom; and
(e) Other modalities of cooperation as agreed upon by the Parties.
Article 3
Competent Authorities
The competent authorities responsible for the implementation of this Agreement are:
(a) In the case of the Portuguese Republic, the Ministry of Education and Science;
(b) In the case of the Republic of South Africa, the Department of Science and Technology.
Article 4
Joint Committee
- 1 -For the purpose of the implementation of this Agreement, a Joint Committee on Science and Technology (hereinafter referred to as "the Joint Committee"), composed of representatives designated by the Parties, shall be established. The Parties shall notify each other about the composition of the Joint Committee.
- 2 -The tasks of the Joint Committee shall be to:
(a) Identify priority fields of cooperation;
(b) Facilitate the implementation of joint programmes and projects;
(c) Promote the exchange of information in order to further the development of cooperation; and
(d) Review progress regarding the implementation of this Agreement and guide future cooperative activities.
- 3 -The Joint Committee shall meet alternately in Portugal and in South Africa on agreed dates.
- 4 -The Joint Committee shall determine its own rules of procedure.
Article 5
Implementing Agreements and Protocols
- 1 -The Parties shall promote under the framework of this Agreement scientific and technological cooperation between their respective government agencies, enterprises, research institutions, universities and other research and development organisations (hereinafter referred to as "cooperating entities"), including the signing of implementing agreements or protocols.
- 2 -The implementing agreements and protocols referred to in sub-Article (1) shall:
(a) Be signed in accordance with the domestic law in force in their countries, as well as their international obligations;
(b) Include provisions on acquisition, protection, sharing, transfer and licensing of intellectual property, relevant financial arrangements and other pertinent matters, as applicable; and
(c) Include programmes of cooperation, compiled biennially or at other intervals agreed, setting out the details of cooperative activities.
Article 6
Intellectual Property Rights
The implementing agreements and protocols referred to in Article 5 (1) shall give due consideration to the protection of intellectual property rights resulting from the cooperative activities under this Agreement. The Parties shall consult with each other for this purpose when necessary.
Article 7
Exchange of information
The Parties shall promote cooperation among scientific libraries, centres of scientific and technological information, and scientific institutions for the exchange of books, periodicals and bibliographies, including the exchange of information and full-text documents by means of electronic information and communications networks.
Article 8
Application of results and participation of third parties
- 1 -Scientific and technological results as well as other information obtained from cooperation activities under this Agreement shall be announced, published or explored for profit with the written consent of the two cooperating entities and in accordance with the international provisions on intellectual property.
- 2 -Scientists, research workers, technical experts, scholars and institutions of third countries or from international organisations may be invited, upon consent of both cooperating entities, to participate in projects and programmes being carried out under this Agreement. The cost of such participation shall be borne by the third party, unless the Parties agree otherwise in writing.
Article 9
Financial matters
The sending Party or their Participants shall bear the cost associated with the exchange of specialists, and scientific and engineering personnel in accordance with the Agreement, unless there is an agreement in writing to the contrary.
Article 10
Medical Matters
A Party or cooperating entity sending visiting personnel to the other country shall ensure that the personnel has taken out medical insurance in their country for the duration of their stay in the other country.
Article 11
Amendment of Agreement
This Agreement may be amended by mutual consent of the Parties through an Exchange of Notes between the Parties, through diplomatic channels. The amendment of the Agreement shall enter into force in accordance with the provisions of the Exchange of Notes.
Article 12
Settlement of Disputes
Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled amicably through consultation or negotiations between the Parties.
Article 13
Entry into Force
This Agreement shall enter into force on the date of the last communication, through diplomatic channels, indicating that all internal procedures for that purpose of each Party have been fulfilled.
Article 14
Duration and Termination
- 1 -This Agreement shall remain in force for a period of five years and shall be automatically renewed for further periods of five years, unless terminated by either Party, by giving six months written notice in advance through the diplomatic channels.
- 2 -Termination of this Agreement shall not affect projects or programmes being implemented under this Agreement.
Article 15
Registration
Upon the entry into force of the present Agreement, the Party in whose territory it is signed shall transmit it to the Secretariat of the United Nations for registration, in accordance with Article 102 of the Charter of the United Nations, and shall notify the other Party of the completion of this procedure as well as of its registration number.
In witness whereof the undersigned, being duly authorised thereto by their respective Governments, have signed and sealed this Agreement.
Done at Durban on this 28th day of August of 2015 in two originals in the Portuguese and English languages, all texts being equally authentic.
For the Portuguese Republic:
Nuno Crato, H. E. the Minister of Science and Science.
For the Republic of South Africa:
Naledi Pandor, H. E. the Minister of Education and Technology.