Agreements

Memorandum of Understanding between the FAPESP and the Ministry of Science, Technology and Innovation (Minciencias), Colombia Versão em português

The SÃO PAULO RESEARCH FOUNDATION, established by Law nº 5.918, of October 18th, 1960, with headquarters at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, enrolled in CNPJ/MF under nº 43.828.151/0001-45, herein represented according to Article 11, “a” of Law nº 5.918, combined with its General Rule approved by Decree n° 40.132, of May 23, 1962, represented by its President, MARCO ANTONIO ZAGO, in the exercise of the powers delegated by the Act of the Governor of the State of São Paulo, published in the Official Gazette of the State of September 29th , 2018, hereinafter referred to as FAPESP, and the MINISTRY OF SCIENCE, TECHNOLOGY AND INNOVATION, Colombia, principal body of the Public Administration of the Administrative Sector of Science, Technology and Innovation, created through the Law 1951 of 2019 and structured through Decree 2226 of 2019, represented by SONIA ESPERANZA MONROY VARELA, identified with citizenship card No. 35.498.777, appointed as Vice Minister of Talent and Social Ownership of Knowledge, commissioned through Decree No. 2314 of 2019 and held by Act No. 02 of December 23, 2019, Faculty of Resolutions No. 0012 of January 7, 2020; hereinafter Minciencias.

CONSIDERING FAPESP and Minciencias both hereinafter referred to as “Parties”.

CONSIDERING the Agreement between the Government of the Republic of Colombia and the Government of the Federative Republic of Brazil on scientific and technological cooperation, signed at Bogotá on March 12, 1981;

CONSIDERING the importance of promoting cooperation in scientific and technological research between Colombia and the State of São Paulo, Brazil, wishing to strengthen this cooperation based on equality and mutual benefit;

CONSIDERING the need to strengthen the links between the scientific communities of both countries and to encourage new forms of collaboration between their research centers;

WISHING to promote collaboration initiatives in scientific research and technological development in priority areas of interest to both parties, fostering bilateral cooperation;

Agree as follows:

1. Purpose

To join efforts which strengthen binational cooperation relations, through scientific, technological and innovation activities between Colombia and the state of São Paulo in Brazil, in areas of joint interest.

2. Methods of Collaboration

The Parties will promote such collaboration, observing their international obligations and domestic laws and other existing regulations through mechanisms such as:

a) Implementation of joint research projects on issues of common concern, exchanging knowledge and results;

b) Organization of scientific and technological seminars, specialized workshops, symposia and other scientific meetings of mutual interest, to promote interactions between institutions and research groups relevant to both Parties, with the goal of identifying future areas for cooperation;

c) Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between research groups from the state of São Paulo and from Colombia, including, but not limited to, scientific exchange visits, workshops and bilateral scientific seminars.

(i) In case of scientific exchange, the Parties will appreciate proposals that contribute to prepare the basis for a joint research proposal.

(ii) Cooperation between scientific and technological communities that reinforce synergies in research.

3. Scientific Areas

a) The activities mentioned in the second clause could be developed, in principle, in all areas of knowledge.

b) Areas of interest can be specified jointly by the appointed Steering Committee, in the calls for research proposals.

4. Implementation

a) The Parties will establish one or more actions according to Clause 2 and in accordance with the scientific relevance, considering the national legislation in each country of the Parties and their own budget availability.

b) The Parties will appoint two representatives, one from each Institution, who will form a Joint Steering Committee responsible for the continuation of this Memorandum of Understanding and for drafting the call for joint proposals. The Steering Committee meetings can be accompanied by members of the Parties’ technical and administrative staff.

c) For the elaboration of the actions, the Parties may provide, by agreement, the most appropriate procedures including mechanisms such as delegation meetings, workshops, correspondence and other procedures.

d) Each Party will receive and review the proposals according to its own criteria and rules. After the revision of the proposals, the Parties will decide in a meeting, which proposals will be supported.

e) The Parties may establish joint procedures for the submission and review of the proposals in case of mutual interest and decision of the Joint Steering Committee.

5. Funding

a) For each of the research projects that are approved, Minciencias will assume the funding of Colombian research groups, and FAPESP of the research groups from the state of São Paulo, Brazil. In all cases according to their national rules and regulations and budget availability.

b) The amount for funding necessary to support Collaborative Research Projects will be defined by the Joint Steering Committee in each Call for Proposals.

6. Intellectual Property

a) The Parties agree that when the actions taken by virtue of this Memorandum of Understanding result in products of commercial value and intellectual property rights, they will be regulated by national legislation and international conventions in force. Participants should also observe the Intellectual Property Policy of the Party responsible for the funding of their team.

b) In the case of joint ownership of Intellectual Property, the relevant parties will in good faith endeavor to establish a joint ownership agreement regarding the allocation and terms of exercising that joint ownership, taking into account the relevant contributions of the Parties.

7. Term

a) This Memorandum of Understanding shall be valid for a period of 5 (five) years from the date of its signing and may be extended by mutual agreement between the Parties in a written amendment to this MoU.

8. Communications

Any notice to be served to either of the Parties by the other shall be made in writing and shall be sent to the following addresses:

(a) FAPESP:

Rua Pio XI, 1500 – Alto da Lapa
CEP 05468-901 – São Paulo / SP – Brasil

e-mail: dc@fapesp.br
Att.: Scientific Director

(b) Minciencias:

Avenida Calle 26 No. 57 - 83
Torre 8 – Piso 2
Postal code: 111321

e-mail: memejia@minciencias.gov.co
Dirección de capacidades y divulgación de la CTeI

9. Modifications

This Memorandum of Understanding may be amended by mutual consent of the Parties and made official by Addenda.

10. Miscellaneous

a) Each Party covers its own administration costs regarding its contribution to the Call for Proposals, unless otherwise jointly decided.

b) This Memorandum of Understanding is subject to the availability of funds in the budget of the Parties and the applicable laws and regulations of their respective countries.

c) The Parties shall maintain the highest ethical and legal standards in funding research under this Memorandum of Understanding.

d) Any dispute between the Parties in relation to its implementation, interpretation or term of the Memorandum of Understanding, and in general, of its rights and obligations, will be resolved jointly and in good faith.

The parties agree to sign two copies of this Cooperation Agreement in three versions, one in Portuguese, one in Spanish, and one in English, all three versions are considered identical and equally valid.

The parties manifest that they have proceeded to read fully and carefully the text of this Cooperation Agreement, in consequence they agree on all hereby stated and consigned.

Memorandum of Understanding signed on February 13, 2020