Versão em português

Agreement between FAPESP and Smithsonian Instituiton

COOPERATION AGREEMENT FOR RESEARCH BETWEEN FUNDAÇÃO DE AMPARO À PESQUISA DO ESTADO DE SÃO PAULO AND SMITHSONIAN INSTITUITON

The SÃO PAULO RESEARCH FOUNDATION, established by Law nº 5.918, of October 18th, 1960, with headquarters at Rua Pio XI, 1500, Alto da Lapa, São Paulo, SP, 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, represented by its President, Prof. Dr. CELSO LAFER, in the exercise of the powers delegated by Act of the Governor of the State of São Paulo, published in the Official Gazette of the State, of July 30, 2013, hereinafter referred to as FAPESP, and the Smithsonian Institution (a trust instrumentality of the United States established under the U.S. law, 20 USC § 41 et seq), represented by Dr. W. John Kress, Interim Under Secretary for Science, hereinafter referred to as SMITHSONIAN and both hereinafter referred to as "Parties”:

CONSIDERING the importance of promoting cooperation in scientific and technological research between USA and the Sao Paulo State, Brazil, wishing to strengthen this cooperation on the basis of equality and mutual benefit;

CONSIDERING need to strengthen the links between the scientific communities of both countries and also to encourage new forms of collaboration between its research centers;

WISHING to promote initiatives of collaboration in scientific research and technological development in priority areas of interest to both Parties, fostering bilateral cooperation;

Agree as follow:

1. Purpose

Through this Cooperation Agreement, the Parties will implement scientific and technological cooperation between researchers from Smithsonian and from the State of Sao Paulo, through increased joint research projects, exchange of scientists, and interdisciplinary workshops, seminars, and symposia.

2. Methods of Collaboration

The Parties will promote such collaboration, observing its 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 interaction between institutions and research groups relevant to both countries, with the goal of identifying future areas for cooperation;

c) Activities of scientific exchange that will help prepare the ground for the development of cooperative research projects between teams from the State of São Paulo and SMITHSONIAN, including but not limited to, scientific exchange visits, workshops and bilateral scientific seminars;

a. In the case of scientific exchange, the Parties will encourage activities that contribute to the preparation of joint research proposals.

b. In addition all efforts will be made to facilitate the exchange and joint use of scientific materials and collections.

3. Scientific Areas

The activities mentioned in the first item will be developed, in principle, in all areas of knowledge. Areas of interest will focus on investigations in marine and terrestrial environments as well as extraterrestrial exploration, and will be specified by the Joint Steering Committee. Emphasis will be placed on the generation of new scientific and cultural information and knowledge.

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 of each country.

b) The Parties will appoint appropriate representatives from each party, who will form a Joint Steering Committee responsible for the continuation of this Agreement and for drafting cooperative activities.

c) For the elaboration of the actions, the Parties may provide, by agreement, the most appropriate procedures including: delegation meetings, workshops, correspondence and other procedures.

d) Each Party will receive and review the proposed activities according to its own criteria and rules. After the revision of the proposals, the Parties will decide in a meeting which activities will go forward.

5. Funding

The amount of funding to support collaborative research projects will be defined by the Joint Steering Committee in each Call for Proposals. Unless the Parties agree otherwise in writing, each Party will be responsible for its own expenses in connection with its activities pursuant to this Agreement. This Agreement does not obligate either Party to transfer funds to the other. All activities undertaken pursuant to this Agreement will be subject to the availability of appropriated funds. Nothing in this Agreement obligates the United States Government to appropriate funds for the activities contemplated under this Agreement.

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.

c) Each Party shall retain all rights in the intellectual property produced or contributed by its employees, agents, and contractors pursuant to this Agreement.

7. Term

a) This Agreement shall be valid for a period of 05 (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) The Party may terminate this Agreement by written notice, with a period of six months in advance.

c) The termination of this Agreement shall not bring harm to the implementation of projects and programs already approved or which had already started, in which case the Parties should keep their budget for the projects and programs during the term of its validity.

8. Communications

Any notice to be served on either of the Parties by the other shall be made in writing and shall be sent to the following addresses:

(a) FAPESP:
Rua Pio XI, 1500 - Alto da Lapa
CEP 05468-901 - São Paulo / SP - Brasil
e-mail: dc@fapesp.br
Att.: Scientific Director

(b) SMITHSONIAN:
Office of the Under Secretary for Science
The Castle Rm 320
1000 Jefferson Drive
Washington, DC 20560 USA

9. Modifications

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

10. Miscellaneous

a) Each Party covers its own administration costs regarding its contribution to the call, 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 and / or interpretation arising therefrom 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.

Signed in in two original copies in English and Portuguese, both texts being equally authentic.

Date of Signature: 

 

FAPESP

Celso Lafer
President

 

SMITHSONIAN INSTITUTION

W. John Kress 
Interim Under Secretary for Science