MoU on Culture, Pretoria, 17 October 2007


MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDIA,
THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL
AND
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA
ON
CULTURAL COOPERATION
Preamble

The Government of the Republic of India, the Government of the Federative Republic of Brazil and the Government of the Republic of South Africa , (herein after jointly referred as "Parties" and in singular as a "Party";

DESIRING to strengthen the friendly relations between South Africa, Brazil and India the Parties in the field of culture; under the IBSA Dialogue forum (herein after referred to as "IBSA")

CONSIDERING the need to develop and foster cultural relations as a means to contribute to the achievement of sustainable social and economic development of the Parties;

EMPHASISING that cultural diversity is a characteristic present in the Parties, which are part of the UNESCO Convention on the Protection and Promotion of the Cultural Expressions;

RECOGNIZING the importance of establishing mechanisms that contribute to strengthening of cooperation amongst the Parties and the need to carry out specific programmes of collaboration and exchange in the field of arts and culture; and

PURSUANT to the prevailing domestic law in force in the territories of the Parties;

[HAVE REACHED THE FOLLOWING UNDERSTANDING]:-

ARTICLE 1
OBJECTIVES

The objectives of this Memorandum of Understanding are to: -

a) promote the exchange of cultural activities and expertise between the countries of the Parties;

b) develop cooperation in the areas of preservation of historic , artistic, cultural heritage and as well as the development of creative industries ;

c) encourage visits by the nationals and residents of the Parties ;

d) serve as a platform to foster and strengthen mutual understanding in the field of arts and culture as well as areas linked to the economy of culture in the countries of the Parties ; and

e) increase awareness amongst peoples of the concerned countries regarding India, Brazil and South Africa as a brand name through cultural exchanges .

ARTICLE 2
AREAS OF CO-OPERATION

1) The Parties shall encourage organizations, parastatals and institutions involved in the field of culture to establish links and cooperation in joint projects that contribute to the strengthening of cultural relations between the countries of the Parties.

2) The areas of co-operation under this Memorandum of Understanding shall include, but not be limited to:-

a) research and development in arts and culture;

b) education and training in arts and culture;

c) cultural promotion through festivals;

d) cultural heritage promotion through exchange of exhibitions experts, trade fairs and book fairs ;

e) cultural dialogue through conference and workshops ;

f) promotion of cultural diversity focusing on the exchange of best practices of measures to protect and promote the diversity of cultural expressions; and

g) any other forms of co-operation as may be agreed upon by the Parties .

ARTICLE 3
Competent Authorities

The Competent Authorities responsible for the implementation of this Memorandum of Understanding shall be: -

a) in the case of the Republic of India, the Indian Council of Cultural Relations;

b) in the case of the Federative Republic of Brazil, the Ministries of External Relations and Culture; and

c) in the case of the Republic of South Africa, the Department of Arts and Culture.

ARTICLE 4
Implementation

1) The Parties shall implement this Memorandum of Understanding through programmes and projects of co-operation.

2) The funding of a programme or project of co-operation shall be as agreed upon by the Parties through the Competent Authorities mentioned in Article 3.

ARTICLE 5
Joint Implementing Committee

1) The Parties shall establish a Joint Implementing Committee 'under the auspices of the IBSA Sectoral Working Group responsible for Cultural Cooperation] to facilitate the implementation of this Memorandum of understanding.

2) The Joint Implementing Committee shall set out the processes and plans and shall recommend programmes and projects of co-operation towards achieving the objectives of this Memorandum of Understanding to the Competent Authorities.

3) The composition of the Joint Implementing Committee shall be decided upon by the Parties concerned and they shall meet once a year to establish a program of activities for the following year.

4) Each Party shall be responsible for its expenses relating to its participation in the meetings of Joint Implementing Committee.

5) The Joint Implementing Committee shall review the implementation of this Memorandum of Understanding regularly and submit a report to the Competent Authorities.

ARTICLE 6
Intellectual Property Rights

Each Party shall protect, within its territory , the intellectual property rights of the other Parties in accordance with the international conventions ratified by the Parties, and the domestic law in force in the respective countries and to consult and cooperate with each other on intellectual property matters on cultural issues in various international fora.

ARTICLE 7
Settlement of Disputes

Any disputes between the Parties arising out of the interpretation, application or implementation of this Memorandum of Understanding shall be settled amicably through consultation or negotiations between the Parties through the diplomatic channels.

ARTICLE 8
Amendment

This Memorandum of Understanding may be amended by mutual consent of the Parties through Exchanges of Notes between the Parties through the diplomatic channels.

ARTICLE 9
Entry into Force, Duration and Termination

  1. This Memorandum of Understanding shall enter into force on the date of signature thereof.

  2. This Memorandum of Understanding shall remain in force for a period of five (5) years where after it shall be automatically renewed for further periods of five (5) years, unless terminated in accordance with subArticle

  3. This Memorandum of Understanding may be terminated by any of the Parties giving six (6) months' written notice in advance through the diplomatic channels to the other remaining Parties of its intention to terminate it.

  4. The termination of this Memorandum of Understanding shall not affect the completion of any programme or project undertaken by the Parties prior to the termination thereof, or the full execution of any cooperative activity that has not been fully executed at the time of termination, unless otherwise agreed upon in writing by the Parties.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Memorandum of Understanding in three originals each in the English, Hindi and Portuguese languages, all texts being equally authentic. In case of divergence the English text shall prevail.


Done at Pretoria on this 17th day of October 2007

FOR THE GOVERNMENTOF THE REPUBLIC OF INDIA

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL

FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA



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