MoU on Trade and investment, New Delhi 15 October 2008


MEMORANDUM OF UNDERSTANDING ON TRADE FACILITATION FOR STANDARDS, TECHNICAL REGULATIONS AND CONFORMITY ASSESSMENT AMONG THE GOVERNMENT OF THE REPUBLIC OF INDIA, THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA

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

NOTING the Action Plan among India, Brazil and South Africa (hereinafter referred to as "IBSA") on the Trade Facilitation for Standards, Technical Regulations and Conformity Assessment, adopted on September 13th, 2006;

RESPECTING the rights and obligations provided for in the Technical Barriers to Trade Agreement of the World Trade Organisation (hereinafter referred to as "TBT");

RECOGNIZING the importance of cooperation in the field of standards, technical regulations and conformity assessment for identifying, preventing, and eliminating technical barriers to trade with a view to increasing mutual trade flows;

CONFIRMING the Declaration of October 15, 2007, to facilitate implementation of the Action Plan resulting from the meeting of the Working Sub-Group of Trade Facilitation in Standards, Technical Regulations and Conformity Assessment;

RECALLING the objective set forth by the Heads of Government of the three countries to increase intra-IBSA trade;

DESIROUS to conclude a Memorandum of Understanding hereby agree as follows:

HEREBY AGREE as follows:

ARTICLE 1
Objectives

This Memorandum of Understanding is intended to establish a working mechanism and working agenda for the Parties to co-operate in the field of standards, technical regulations and conformity assessment procedures in order to facilitate and increase trade in goods, by identifying, preventing and eliminating unnecessary barriers to trade within the terms of the TBT Agreement.

ARTICLE 2
Exchange of Information and Experiences

The Parties shall, in accordance with the domestic law applicable in their respective countries exchange information and experiences by means of:

(a) making available information on the existing technical regulations and conformity assessment procedures and requirements on the IBSA web site;

(b) sharing experiences on the strengthening of TBT enquiry and notification points;

(c) establishing arrangements for the sharing of expertise, including appropriate training intended to enhance technical competence of the relevant standardization and conformity assessment bodies;

(d) adopting, where appropriate, common approaches on technical regulatory practices, including transparency, consultation, necessity and proportionality, the use of international standards, conformity assessment requirements, the use of impact and risk assessment, enforcement and market surveillance; and

(e) identifying and implementing appropriate mechanisms , in accordance with the TBT Agreement, for particular issues or sectors of interest to the Parties.

ARTICLE 3
Sector-specific Interventions

The Parties shall, in accordance with the domestic law applicable in their respective countries-

a) identify and organise sector-specific interventions on technical regulations and conformity assessment with a view to facilitate understanding of and access to their respective markets, taking into account key areas of trade, including priority products; and

b) involve the business community of IBSA countries to identify sectors of common interest and potential.

ARTICLE 4
Co-operation

The Parties shall, in accordance with the domestic law applicable in their respective countries-

(a) identify focal points in Indian, Brazilian, and South African accreditation, standards and metrology organizations and technical regulatory bodies;

(b) establish co-operation amongst Indian, Brazilian, and South African authorities that regulate trade in goods, and agree on a cooperation programme for strengthening the dialogue among these bodies; and

(c) establish and strengthen co-operation amongst Indian, Brazilian, and South African standards organisations, accreditation bodies and metrology organisations and agree on a cooperation programme for strengthening the dialogue among these bodies.

ARTICLE 5
Confidence-building for Mutually Acceptable Solutions

The Parties shall, in accordance with the domestic law applicable in their respective countries, build confidence for mutually acceptable solutions, by means of-

(a) intensifying collaboration, with a view to facilitating access to their respective markets, by increasing the mutual knowledge and understanding of their respective systems in the field of technical regulations, standards, metrology, accreditation and conformity assessment procedures;

(b) promoting collaboration between organizations responsible for testing, certification and inspection; and

(c) considering the negotiation of mutual recognition agreements in sectors of mutual economic interest

ARTICLE 6
Harmonization of Standards

The Parties shall, in accordance with the domestic law applicable in their respective countries-

(a) make efforts to adopt international standards and conformity assessment procedures in areas of mutual interest; and

(b) explore the possibility of formulating a common stand and assisting each other in international standards setting activities.

ARTICLE 7
lmplementation

The Parties shall in accordance with the domestic law applicable in their respective countries -

(a) endeavor to develop work plans for the fulfillment of the commitments agreed to in this Memorandum of Understanding ; and

(b) involve the representatives of the entities and authorities responsible for the implementation of this Memorandum of Understanding as provided in Annex I.

ARTICLE 8
Settlement of Disputes

Any dispute arising out of the interpretation and implementation of this Memorandum of Understanding shall be settled amicably through consultation or negotiations between the Parties.

ARTICLE 9
Amendment

This Memorandum of Understanding may be revised, amended or supplemented by mutual consent of the Parties through an Exchange of Notes between the Parties through the diplomatic channels. All amendments shall enter into force on the date the last official reply notice has been received.

ARTICLE 10
Entry into Force, Duration and Termination

(1) This Memorandum of Understanding shall enter into force on the date on which each Party has notified the other in writing through the diplomatic channel of its compliance with the constitutional requirements necessary for the implementation thereof. The date of entry into force shall be the date of last notification.

(2) This Memorandum of Understanding shall remain in force for a period of five (5) years, whereafter it shall automatically be extended for a successive five (5) year period.

(3) Any of the Parties may express its intention to terminate this Memorandum of Understanding, through the diplomatic channels. Termination shall be effective 90 days after the date of the notification to the other Parties.

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

DONE at New Delhi on this 15th day of October 2008

FOR THE GOVERNMENT OF 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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