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Memorandum of Understanding for Scientific Collaboration amd Personnel Training in Agriculture and Agri-food between the Ministry of Educution of the People’s Republic of China and the Department of Agriculture and Agri-food of Canada

THE MINISTRY OF EDUCATION OF THE PEOPLE’S REPUBLIC OF CHINA (MOE) AND THE DEPARTMENT OF AGRICULTURE AND AGRI-FOOD OF CANADA (AAFC), hereinafter referred to as “the Participants”,

Whereas the MOE is committed to the coordinated and sustainable development of the Chinese education, being closely connected with the socio-economic advancement and the scientific innovation and being geared to the needs of the modernization, the future and the world, and has interest in maintaining international relations with organizations involved in scientific cooperation, joint laboratories, scholar exchanges and student training;

Whereas AAFC, a Canada federal department, is applying through its Agricultural Policy Framework its science and innovation resources in order to achieve world leadership in environmentally responsible agricultural production, in food safety and food quality, in global consumer confidence and in increased profitability and growth through new economic opportunities and enhanced investor confidence;

And whereas the Participants have discussed of an enhanced scientific collaboration and exchange of personnel and expressed their intention to cooperate in the future;

Now therefore, based on principle of trust, equality and mutual benefits, the Participants have reached the following understanding:

1. OBJECTIVES
The Participants will collaborate under this Memorandum of Understanding (MOU) in sectors of agriculture and agri-food with the primary objectives to:
a) Facilitate exchanges of researchers and graduate students of Chinese Universities and Research Institutions affiliated to MOE with AAFC experts, and provide each of the Participants with opportunities to exchange scientific information.

b) Foster scientific collaboration and promote mutually beneficial joint projects among Chinese Universities and Research Institutions affiliated to MOE and agriculture and agri-food scientists of AAFC such as the publication of studies and reports.

2. FORMS OF COLLABORATION
The Participants envisage the following forms of collaboration under this MOU:
a) The promotion of the exchange and training of scientific and technical personnel and students. In addition, the Chinese Universities and Research Institutions affiliated to MOE will send researchers and graduate students to do research and pursue further training and studies with AAFC, and AAFC will send its experts to China to give lectures and do research at Chinese Universities and Research Institutions affiliated to MOE;

b) The co-supervision of graduate students in Chinese Universities and Research Institutions affiliated to MOE, by giving lectures and guidance on research and academic paper writing;

c) Assistance in establishing laboratories and research institutes programs in the Chinese Universities and Research Institutions affiliated to MOE focusing on the areas of food processing, dairy products, strategic development of oats as well as sustainable production including desertification and water management.

3. IMPLEMENTATION AND COORDINATION
This MOU will be managed through a management committee composed of one representative of each of the Participants. The management committee will consist of a representative of the Department of International Cooperation and Exchanges of MOE and of the Chief Scientist International at AAFC.

The Management Committee will meet periodically, at times and places of its choice, to review progress and recommend areas for collaboration and projects, identify possible sources of project funding, as appropriate, and coordinate administrative matters.

4. COLLABORATIVE CONTRACTS AND FINANCING
a) Prior to carrying out specific activities falling within the scope of this MOU, the relevant authorities of the relevant Chinese Universities and Research Institutions affiliated to MOE and of AAFC (hereinafter referred to as “the Executing agencies”) will sign collaborative contracts.

b) Unless otherwise provided in the collaborative contracts, each of the Executing agencies will bear the costs of its participation in all collaborative activities, each activity will be subject to the availability of funds, resources and personnel of each of the Executing agencies, and each activity will be conducted in accordance with the laws, statutes, regulations and policies of the Participants’ respective countries.

c) Each collaborative contract will be coordinated by the Management Committee and signed according to the respective policies of the Executing agencies. The signing authority for each of the Executing agencies will keep the Management Committee informed of the progress and results annually.

d) Each collaborative contract will include: (1) the name of the collaborative project and the participants to the project; (2) the objectives and time period; (3) the responsibility of the participants and the division of tasks between the Executing agencies; (4) the plan for the execution of the activities; (5) resources obligations and sources of funding of each of the Executing agencies; (6) provisions for the duration of the contract and amendments; (7) provisions concerning confidential information and the rights connected with the intellectual property, and identification of the laws and regulations applicable; (8) the determination of the applicable domestic law; (9) a termination clause; (10) the names of the points of contacts; and (11) any other necessary provision.

e) Each of the Executing agencies will allow a certain number of students and scientists to conduct research activities, give lectures, participate in training programs, or take part in academic and research activities with the other Executing agency. To that effect the collaborative contract governing these exchanges will mention that: (1) the Executing agency receiving visiting students or scientists will provide them a safe and healthy environment for the conduct of the activities; (2) the visiting students or scientists will conduct their activities in conformity with the laws, statutes, regulations and policies of the receiving Executing agency; and (3) the sending Executing agency will take the appropriate measures to cover the health and safety of the students or scientists it is sending by providing insurance coverage or any other indemnification measure acceptable to the receiving Executing agency.

5. INTELLECTUAL PROPERTY
Should activities within the scope of this MOU lead to the creation of commercial intellectual property, the Executing agencies will decide in advance in collaborative contracts as to the ownership and disposition of those rights.

6. COMING INTO EFFECT AND DURATION
This MOU will come into effect on the date of the signature and will remain in effect for a period of four (4) years. It may be extended upon mutual written consent of the Participants.

This MOU may be amended at any time by mutual written consent of the Participants.

Any Participant may terminate this MOU by giving the other Participant a written notice, ninety (90) days in advance, of its decision to terminate this MOU. Termination will not affect activities covered by a collaborative contract between the Executing agencies and already underway at the time of termination.

7. CONFLICT RESOLUTION
This MOU is a good will arrangement which reflects the current understanding of each of the Participants with respect to the matters described herein, and does not create legally binding obligations under international law or under the Participants’ domestic law.

Any conflict arising out of the interpretation or implementation of this MOU will be settled amicably by the Participants by consultation and will not be referred to any court or tribunal.

SIGNED in duplicate at Beijing on this 20th day of January 2005, in the Chinese, English and French languages, each version being equally valid.

FOR THE MINISTRY OF EDUCATION OF FOR AGRICULTURE AND AGRI-FOOD CANADA
THE PEOPLE’S REPUBLIC OF CHINA