Science and Technology Cooperation Agreement between FAPESP and National University of Moquegua (Unam) 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 UNIVERSIDAD NACIONAL DE MOQUEGUA, PERU, represented by Prof. Dr. Washington Zeballos Gamez, domiciled at Calle Áncash s/n cercado, Moquegua (Peru), hereinafter referred to as UNAM and both hereinafter referred to as Parties:

CONSIDERING the importance of promoting cooperation in scientific and technological research between Peru and the state of Sao 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 and innovation communities of both countries and also to encourage new forms of collaboration between their research institutions;

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 implement scientific and technological cooperation between researchers from Peru and from the state of São Paulo, Brazil, through the joint funding of research projects.

2. Methods of Collaboration

The Parties will promote said 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 help prepare the ground for the development of cooperative research projects between teams from the state of São Paulo and from UNAM, 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 proposals.

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 and 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 Agreement and for drafting the call for joint proposals.

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 together 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, through a decision by the Joint Steering Committee.

5. Funding

a) For each of the research projects that are approved, UNAM will assume the funding of research teams from UNAM, and FAPESP of the research teams from the state of Sao 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 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 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 Agreement 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 Agreement.

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

c) The termination or expiration of this Agreement shall not prevent 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 preserve 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
Att.: Scientific Director

(b) UNAM:
Presidencia de la Comisión Organizadora de la Universidad Nacional de Moquegua
Calle Áncash s/n cercado de Moquegua, Moquegua – Perú

9. Modifications

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

10. Of free adhesion and separation

UNAM and FAPESP expressly declare that this agreement is of free adhesion and separation for THE PARTIES. However, if during its term either of the Parties does not wish to continue with its execution, without giving any reason, it shall notify the other party in writing no less than 6 (six) months in advance, stating its decision to withdraw without prejudice to the completion of the activities and obligations that are being executed, except for force majeure causes that make it impossible to continue in accordance with the provisions of paragraph 86.3 of Article 86 of the TUO of Law No. 27444

11. Miscellaneous

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

b) This Agreement 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 Agreement.

d) The Parties agree that this Agreement is produced in good faith, so that any dispute or divergent interpretation in relation to its implementation, execution and compliance will be resolved jointly by them and shall be in writing. If no agreement is reached between the Parties, this document will be terminated without liability to the Parties that should agree how to conclude the actions in progress to date of notification of termination by either party.

Once this instrument has been signed the Parties shall conclude the agreement with the effective date indicated herein in two original copies, in English, Spanish and Portuguese, texts having the same effect, in accordance with their respective national legislation.

Agreement signed on June 14, 2023.