Agreement for Scientific Cooperation between FAPESP and the National Research Foundation (NRF) Versão em português

The SÃO PAULO RESEARCH FOUNDATION, hereinafter referred to as FAPESP, established by the Law nº 5.918, of October 18th, 1960, with headquarters at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, Brazil, 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, by its President, Professor Marco Antonio Zago; and

The NATIONAL RESEARCH FOUNDATION, South Africa, hereinafter referred to as NRF, an independent statutory body established through the National Research Foundation Act (Act No 23 of 1998) with headquarters at Meiring Naude Road, Brummeria, Pretoria, herein represented by its Deputy Chief Executive Officer, Dr Eugene Lottering.

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

CONSIDERING the importance of promoting cooperation in scientific and technological research between NRF, South Africa, and FAPESP, State of São Paulo, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;

CONSIDERING the need to strengthen the links between the scientific communities of both countries and also 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

Through this Cooperation Agreement, the Parties will support scientific and technological cooperation between South African researchers and researchers based in the State of São Paulo in Brazil, through the joint funding of research projects.

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) Organisation of scientific and technological seminars, specialised 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;

b) Activities of scientific exchange that prepare the ground for the development of cooperative research projects between South African research teams and research teams based in the State of São Paulo in Brazil, including, but not limited to, scientific exchange visits, workshops and bilateral scientific seminars; and

c) Implementation of joint research projects on issues of common interest, exchanging knowledge and knowledge outputs.

3. Scientific Areas of Collaboration

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

b) Areas of interest will be specified jointly by the Steering Committee (according to clause 4b), which will be appointed to guide the development and monitoring of calls for research proposals.

4. Implementation Procedure

a) The Parties will establish one or more methods of collaboration in line with Clause 2 and in accordance with the scientific relevance and the national legislation in each country of the Parties and their own budget availability.

b) The Parties shall appoint two (2) representatives from each Institution, who will form part of the Joint Steering Committee responsible for the implementation of this Agreement, developing relevant documents such as calls for joint proposals, and monitoring funded activities.

c) The Parties will together define the most appropriate procedures regarding the implementation of specific deliverables, including technical exchange visits, joint workshops, evaluation procedures and others that they deem necessary.

d) The Parties will establish joint procedures for the submission and review of the proposals of mutual interest, through a decision by the Joint Steering Committee.

e) Each Party will receive and review eligible proposals in accordance with both the agreed joint procedures and own national criteria and rules.

f) After the parallel review of joint proposals, the Parties will, during the Joint Technical Committee (JTC) meeting, decide on joint proposals to fund.

5. Funding Modalities

a) For each of the research projects that are approved, NRF will assume the funding of research teams from South Africa, and FAPESP of the research teams 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 the actions established in each call for proposals will be defined by the Joint Steering Committee, subject to the approval of each Party.

6. Intellectual Property

a) The ownership of any Intellectual Property owned by either Party prior to the commencement of this Agreement (“Background Intellectual Property”) shall be and remain vested with that Party.

b) The Parties agree that when the actions taken by virtue of this Agreement 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 its team.

c) 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. Duration and Termination

a) This Agreement shall be valid for a period of five (5) years from the date of last signature and may be extended for the same period by mutual written agreement between the Parties.

b) Either Party may terminate this Agreement by providing six (6) months written notice.

c) The termination or expiration of this Agreement shall not hinder the execution of the projects and programs that have been approved or the completion of the projects and programs that have already started. In such cases, the Parties shall reserve the budgets of the projects and programs throughout their duration.

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:

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

(b) NRF
Meiring Naude Road, Brummeria, Pretoria, South Africa
PO Box 2600, Pretoria, 0001
Attention: Director

9. Modifications

This Agreement, including this clause 9, may be amended by mutual consent of the Parties and made official by Addenda.

10. Miscellaneous

a) Each Party covers its own administrative costs regarding its contribution to the calls for proposals, unless otherwise jointly agreed.

b) Deliverables arising from this Agreement shall be subject to the availability of funds, as well as the applicable laws and regulations of the respective countries.

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

11. Dispute Resolution

a) The Parties agree to act in good faith and to observe the purpose and spirit of the Agreement, any dispute in relation to its implementation, execution and compliance will be resolved jointly by them and shall be referred to nominated officials, within days in writing.

In witness whereof the undersigned, acting on behalf of their respective Party, have signed the agreement with the effective date indicated herein in two original copies, in English and Portuguese, both texts having the same effect, in accordance with their respective national legislation.

Agreement signed on April 25, 2023.