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1. REGULATION ON THE CUSTOMS COOPERATION COMMITTEE OF THE BRICS

2. MEMORANDUM OF UNDERSTANDING FOR ESTABLISHMENT OF BRICS AGRICULTURAL RESEARCH PLATFORM

3. MEMORANDUM OF UNDERSTANDING ON MUTUAL COOPERATION  BETWEEN
THE RIO BRANCO INSTITUTE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE  FEDERATIVE REPUBLIC OF BRAZIL,
THE DIPLOMATIC ACADEMY OF THE MINISTRY OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION,
THE FOREIGN SERVICE INSTITUTE OF MINISTRY OF EXTERNAL AFFAIRS OF THE REPUBLIC OF INDIA,
THE CHINA FOREIGN AFFAIRS UNIVERSITY AND THE CHINA DIPLOMATIC ACADEMY OF THE MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA AND THE DIPLOMATIC ACADEMY OF THE DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION OF THE  REPUBLIC OF SOUTH AFRICA

4. MEMORANDUM OF UNDERSTANDING AMONGST BANCO NACIONAL DE DESENVOLVIMENTO ECONÔMICO E SOCIAL - BNDES, STATE CORPORATION "BANK FOR DEVELOPMENT AND FOREIGN ECONOMIC AFFAIRS (VNESHECONOMBANK)", EXPORT-IMPORT BANK OF INDIA, CHINA DEVELOPMENT BANK CORPORATION, DEVELOPMENT BANK OF SOUTHERN AFRICA LIMITED AND NEW DEVELOPMENT BANK ON GENERAL COOPERATION


REGULATION ON THE CUSTOMS COOPERATION COMMITTEE OF THE BRICS

1. General Provisions        

1.1. In order to inherit and develop the BRICS Customs Administrator meeting cooperation mechanism developed at the first BRICS Customs Administrator Meeting in South Africa in 2013 and fulfil the cooperation outcomes of the meeting, the BRICS Member States establish the Customs Cooperation Committee of the BRICS.

1.2. The Сustoms Сooperation Сommittee of the BRICS (hereinafter –“Committee”) is a permanent cooperation body of the BRICS intended for ensuring cooperation of customs services of the BRICS Member States in the field of customs policy.  All the customs matters among the BRICS Member States should be discussed and decided by the Committee. 

1.3. In its activity the Committee is governed by the fundamental documents of the BRICS, the international agreements signed between the countries within the framework of the BRICS, and this Regulation.

2. Main Activities and Functions of the Committee 

2.1. The main activities of the Committee are: 

  • Determination of the priority directions in customs matters of the BRICS Member States;
  • Facilitation in the approximation of customs legislations of the BRICS Member States;
  • Coordination of the practical cooperation of customs and other relevant national authorities of the BRICS Member States regarding the main aspects of the customs policy;
  • Contribution to the implementation of the adopted interstate and intergovernmental decisions of the BRICS Member States in customs matters. 

2.2. The Committee has the following basic functions: 

  • Study and preparation of decisions and recommendations on all issues concerning customs cooperation;
  • Promote cooperation between intergovernmental organisations and integration associations on the issues within its competence.
  • Consultations on customs cooperation, technical assistance, trade facilitation, and mutual administrative assistance in customs matters;
  • Exchange of information and participation in consultations with a view to establishing, where possible, common positions in international organisations in the field of customs such as the World Trade Organization, the World Customs Organization and others;
  • Reviewing the course of implementation of the obligations undertaken by customs authorities of the BRICS Member States and implementation of recommendations according to the Committee decisions;
  • Consideration of other issues within its competence. 

3. Rights and Obligations of the Committee 

3.1. The Committee has the right to: 

  • Submit proposals for consideration of customs authorities and cooperation among relevant bodies of the BRICS in accordance with the established procedure;
  • Make decisions within its competence aimed at developing interaction among the customs authorities of the BRICS Member States;
  • Establish permanent or temporary Working Groups, which may be necessary for the consideration of matters in the field of customs in accordance with the established procedure;
  • Engage scientists and specialists for the implementation of some operations in accordance with the established procedure;
  • Resolve other issues within its competence. 

3.2. The member of the Committee shall have the right to: 

  • submit any issues for discussion within the competence of the Committee and receive necessary information about the matters under discussion and implementation of the decisions made by the Committee;
  • make proposals regarding the place and time of the Committee meetings;
  • receive necessary information about the activity of the Working Groups of the Committee. 

3.3. The member of the Committee shall: 

  • inform the Committee on the policy of its state regarding the customs cooperation matters;
  • inform the relevant bodies of the BRICS about the decisions undertaken by the Committee, and facilitate their implementation;
  • exercise control over the full and timely implementation of the decisions.

4. Organisation of Activity of the Committee 

4.1. Members of the Committee are the Heads of Customs Administrations of the BRICS Member States (the customs administrator/deputy customs administrator or the designated customs senior officer of the BRICS Member States). Each State shall have one vote in the Committee. Each Head of Customs Administration shall have the right to appoint the representative with the appropriate powers to make decisions at the Committee meetings.

 4.2. The Committee shall be headed by the Chairperson who is the Head of Customs Administrations of the BRICS Member State in charge of the BRICS Forum presidency.

 4.3. The Chairperson of the Committee shall: 

  • hold Committee meetings;
  • sign and send documents to the Customs Administrations of the BRICS Member States on behalf of the Committee;
  • represent the Committee in cooperation bodies of the BRICS in accordance with the established procedure;
  • maintain and develop contacts with other organisations at the level of their working (executive) authorities and within his competence;
  • promote the interaction between Customs Administrations of the BRICS Member States;
  • perform other actions connected with a view to ensuring the activity of the Committee.

 4.4. The Committee shall approve its Terms of Reference. 

4.5. Committee meetings shall be held as required, but at least once in a year. 

4.6. The Customs Administrations of the BRICS Member States shall prepare proposals for the Committee meeting. 

  • Proposals shall be submitted in the form of preliminary draft documents or their concepts.
  • The final decision to include a specific issue in the agenda shall be taken by the Committee.

 4.7. The Committee meetings shall be valid, if all the Committee Members are participating in them. 

4.8. Decision making order. 

  • The Committee shall make decisions within its competence by following the principle of reaching consensus through consultations.
  • Customs Administrations of the BRICS Member States within their competence shall adopt, if necessary, appropriate acts to provide implementation of the decisions made by the Committee. 

4.9. According to the Committee decision, representatives of other cooperation bodies of the BRICS, involved states and international organisations may participate in the Committee meeting as observers. Specialists and experts of the involved cooperation bodies of the BRICS, authorities of the BRICS Member States and international organisations operating in the customs area may be invited to take part at the Committee meetings.

5. Administration of the Committee and its Functions 

5.1. For the Administration of the Committee there shall be a Committee Secretariat. Functions of the Committee Secretariat shall be performed by the Customs Administration of the state which representative is the Chairperson of the Committee.

5.2. The Committee Secretariat shall: 

  • organise and hold the Committee meetings in the order provided by  the Regulation;
  • prepare the materials which are submitted for consideration at the Committee meetings;
  • send the preliminary agenda and the draft documents submitted for consideration during forthcoming Committee meetings to the Customs Administrations of the BRICS Member States in accordance with the established procedure;
  • timely send the decision made by the Committee to Customs Administrations of the BRICS Member States;
  • according to the decisions of the Committee organise expert meetings in order to prepare draft documents for consideration during the Committee meetings;
  • keep minutes of the Committee’s meetings, of the Committee Working Groups’ meetings, Committee Expert groups’ meetings;
  • remain custodian of the protocols, minutes, decisions, documents and other materials from the meetings of the Committee, Working and Expert Groups;
  • cooperate with the Customs Administrations of the BRICS Member States regarding the timely determination of participants of the Committee meeting and discussion of the matters on the agenda during the experts meetings preceding the next Committee meeting; 
  • control the implementation of the Committee decisions made together with Customs Administrations of the BRICS Member States and inform the Chairperson and the members of the Committee on the results;
  • cooperate within the competence with other cooperation bodies of the BRICS regarding the coordination and preparation of the draft documents discussed at the Committee meetings and submitted for consideration.

 

5.3. The Secretary of the Committee is assigned by the Chairperson of the Committee for a one year term. 

Secretary of the Committee shall: 

  • manage the activities of the Secretariat of the Committee;
  • organize the work of the Committee between the sessions.

6. Financing

Financial provision of the Committee meetings, permanent and temporary Working Groups on the directions of its activity is performed at the expense of Customs Administrations of the host BRICS Member State. 

Expenses on business trips of members and experts of the Committee are covered by the Customs Administration of the sending country.

All types of work and joint programs performed according to the decisions made are financed at the expense of the interested Customs Administrations of the BRICS Member States. 

7. Final provisions 

The Committee shall cease its activity upon the consensual decision of the Heads of Customs Administrations of the BRICS Member States. 

Changes can be made to this Regulation by a relevant decision of the Committee. 

Signed at Goa on the 16th Day of October 2016, in five originals in the English language. 


MEMORANDUM OF UNDERSTANDING FOR ESTABLISHMENT OF
BRICS AGRICULTURAL RESEARCH PLATFORM

 

The Ministry of Agriculture, Livestock and Food Supply Federative Republic of Brazil; the Ministry of Agriculture, the Russian Federation, the Ministry of Agriculture and Farmers Welfare, Republic of India; the Ministry of Agriculture, People’s Republic of China, and the Department of Agriculture, Forestry and Fisheries, Republic of South Africa (hereinafter jointly referred to as the ‘Participants’, and in the singular ‘Participant’)    

Realising the need to provide a platform where the Participants’ academicians, scholars, researchers and students can work together for the cause of agricultural development to help promote understanding, peace and security of the people of the BRICS Member Countries;

Desirous of establishing a platform that will advance a sense of BRICS community by bringing together the current and future generations of BRICS Member Countries in a common pursuit of agricultural excellence and prepare them for the future challenges;

Recognising the need to intensify cooperation in the areas of agricultural research, technology, policy,   innovations and capacity building including technologies for smallholder farming and to sustainably  increase yields and farmers’ income;

Realising the need to create and share knowledge and to promote education and leadership for agricultural development in the Member Countries;

 

Have reached the following understanding:

1. Establishment of the BRICS Agricultural Research Platform

1.1 The Participants hereby agree to establish a virtual network to be known as the BRICS Agricultural Research Platform (hereinafter referred to as the BRICS-ARP), which will be a non-profit, international research platform under management and supervision of the Participants for the purposes set forth in this Memorandum and will have full academic flexibility for the attainment of its objectives.

2. Vision, Mission, Mandate and Objectives

2.1 Vision: ‘BRICS-ARP as the natural global platform for science-led agriculture-based sustainable development for addressing the issues of world hunger, under-nutrition, poverty and inequality, particularly between farmers' and non-farmers' income, and enhancing agricultural trade, bio-security and climate resilient agriculture.

2.2 Mission: ‘To promote sustainable agricultural development and poverty alleviation through strategic cooperation in agriculture to provide food security in the BRICS member countries’.

2.3 Mandate: ‘To intensify cooperation in the areas of agricultural research, technology, policy, innovations and capacity building including technologies for smallholder farming and to sustainably  increase yields and farmers’ income in the BRICS member countries’.

2.4 Objectives:

a. To enhance understanding of common challenges and opportunities through exchange of knowledge, collaborative capacity building, exchange of professionals and development of collaborative projects;

b. To act as a platform to provide inputs for developing policies, strategies and projects for sustainability and competitiveness of agricultural sector in the BRICS Member Countries;

c. To strengthen agricultural research and education to accelerate technology development and transfer through establishing networks on agriculture and allied disciplines, among agricultural research, higher education and extension institutions, professionals, policy planners and other stakeholders; and

d. To facilitate collaborative studies, inter alia, on agricultural marketing and distribution systems, harmonisation of agricultural related standards, promotion of agricultural trade, and bio-security, risks and disaster management in agriculture.

3. Nature of Co-operation

The cooperation will focus on agricultural research, technology, policy, innovations, extension and technology transfer, training and capacity building and information sharing.

4. Intellectual Property Rights

4.1 The Participants will retain their respective intellectual property rights and all other patent, plant variety protection, reproduction and trademark rights with respect to all documents which might be disclosed during fulfillment of this Memorandum, in accordance with the applicable domestic laws of the BRICS Member Countries.

4.2 Use of such documents, if required, will be agreed between/amongst the Participants and fixed under separate agreements, comprising obligatory provisions regarding protection of confidentiality and intellectual property.

5. Confidentiality

5.1 Each Participant will treat and will ensure that its employees and partner treat as strictly confidential all information and documents related to this Memorandum and the services stipulated herein, of which they become aware during course of implementation of this Memorandum.

5.2 Each Participant will ensure that its employees do not disclose any such information and documents to third participants except for a prior written approval of the other BRICS Member Countries.

5.3 This obligation will be maintained for a period of 5 (five) years after expiration or termination of this Memorandum.

6. Resources

Co-operation projects and activities/services will be carried out as per the Memorandum amongst Participants in accordance with their national laws, taking into account the restriction of resources on each Participant.

7. Settlement of Disputes

7.1 Any dispute/disagreement between/among the Participants arising out of the interpretation, application or implementation of this Memorandum will be settled amicably by the Participants through consultations/negotiations.

7.2 In case a Participant fails to settle the dispute through negotiations it will be referred to a duly constituted Board with one representative each to be nominated by the Member Countries.

8. Governance Structure

8.1 Each Participant to Identify Institution(s)/Individual(s) to act as Focal Points.

8.2 BRICS-ARP Coordinating Centre to be located in New Delhi, India. The Coordinating Centre will operate under the Department of Agricultural Research and Education (DARE), Government of India.

8.3 The details of the location and contact details of the Focal Points and the Coordinating Centre will be decided and communicated by the respective Participants at the earliest.

9. Mode of Operation

9.1 The BRICS-ARP Coordinating Centre will dialogue and interact with the Focal Points, creating conditions for formulation of proposals coherent with the vision, mission and the objectives of the BRICS-ARP.

9.2 Any Participant can initiate discussion and formulation of proposals that would be discussed with the Coordinating Centre by the respective Focal Point.

9.3 Analysis and decisions on proposals to be implemented would be done by consensus among the Participants. A communication/facilitation process would be put in place and managed by the Coordinating Centre to ensure transparency and participation in the governance process.

9.4 Terms of Reference for the Coordinating Centre:

  • To coordinate the activities of common interest in desirable member countries through respective focal points
  • To develop country level consensus in BRICS Agricultural Research Platform activities;
  • To create and maintain BRICS Agricultural Portal for data banking, data mining and data analysis; and
  • To enable expert interaction between/amongst BRICS Member Countries and also with every other country interested in the Participants activities alike

 9.5 Functions of Focal Points

  • To liaise with relevant government departments/agencies/institutions/ functionaries of their respective BRICS Member Countries to identify areas of interest/activity of common interest within the scope of the Memorandum;
  • To facilitate implementation of the activities that would be defined to achieve the objectives outlined in the Memorandum;
  • To collect relevant information on the areas identified from respective countries and pass on to Coordination Centre; and
  • To facilitate government clearance for any technical/administrative actions as it would be required for implementation.

9.6 Funding 

  • The Coordinating Centre to be established in India will be funded by India, whereas any expenditure on the Focal Point activities will be borne by the respective Member Countries.
  • The focal point and/or any delegation visiting the Coordination Centre or any other Member Country in connection with the BRICS-ARP activities will meet their expenses.

10. Amendment 

10.1 This MoU may be amended by consensus amongst the Participants.

10.2 Any Participant proposing amendment(s) will notify the other Participants through diplomatic channels.

11. Entry into Force and Termination

11.1 This MoU will be effective from the date of its signature and will remain in force indefinitely.

11.2 Any participant may, at any time, notify the others, through diplomatic channels, of its intention to terminate this MoU.

11.3 Termination will be effective six months after the date of the notification and will not affect the completion of any ongoing program or project under this MoU, unless otherwise, agreed upon by the Participants.

Signed at Goa on the 16th Day of October, 2016 in five originals in the English language.


MEMORANDUM OF UNDERSTANDING ON MUTUAL COOPERATION  BETWEEN
THE RIO BRANCO INSTITUTE OF THE MINISTRY OF FOREIGN AFFAIRS OF THE  FEDERATIVE REPUBLIC OF BRAZIL,
THE DIPLOMATIC ACADEMY OF THE MINISTRY OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION,
THE FOREIGN SERVICE INSTITUTE OF MINISTRY OF EXTERNAL AFFAIRS OF THE REPUBLIC OF INDIA,

THE CHINA FOREIGN AFFAIRS UNIVERSITY AND THE CHINA DIPLOMATIC ACADEMY OF THE MINISTRY OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBLIC OF CHINA AND
THE DIPLOMATIC ACADEMY OF THE DEPARTMENT OF INTERNATIONAL RELATIONS AND COOPERATION OF THE  REPUBLIC OF SOUTH AFRICA

 

The Rio Branco Institute of the Ministry of Foreign Affairs of the Federative Republic of Brazil,

The Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation,

The Foreign Service Institute of Ministry of External Affairs of the Republic of India,

The China Foreign Affairs University and the China Diplomatic Academy of the Ministry of Foreign Affairs of the People’s Republic of China, and

The Diplomatic Academy of the Department of International Relations and Cooperation of South Africa (hereinafter referred to as the “Participants”),

 

RECOGNISING the spirit of cooperation that exists among their respective countries;

TAKING into consideration the importance of enhancing cooperation through the execution of multilateral activities among the Participants;

DESIRING to promote closer collaboration among the Participants;

And WISHING to further enhance cooperation among the Participants and develop mutually beneficial relationships between members of the BRICS countries through the exchange of information and the implementation of joint activities;

Have reached the following understanding:

CLAUSE I

1. The objective of the present Memorandum of Understanding is to create a framework for closer cooperation among the Participants and to facilitate collaboration among them to the fulfilment of the following objectives:

a) To carry out joint programmes and projects that may contribute to improving the quality of training and retraining, studies and projects serving the agreed common objectives, priorities and activities of the BRICS countries;

b) To increase the exchange of knowledge, experiences and achievements in application of new teaching methods among the BRICS countries; and

c) To ensure and achieve high-quality education and qualification in diplomatic training.

CLAUSE II

The Participants will cooperate in areas of mutual interests, which inter alia may include exchange of information on structure and content of training programmes, international trends and advances in training, training techniques and the use of technology in training, including design and content of e-learning; as well as identification of experts and joint research in mutually agreed areas.

CLAUSE III

The Participants will exchange experience, information and publications on subjects of common interest, including training programmes, curricula of studies, and other academic, educational and training activities undertaken by the Participants in the field of diplomacy and other activities of common interest.

CLAUSE IV

The Participants will promote the exchange of experts, scholars, lecturers and diplomatic trainees in fields of mutual interest.

CLAUSE V

The Participants will encourage coordinated research, joint studies and seminars on the subjects of mutual interest.

CLAUSE VI

The Participants may explore the possibilities of other forms of cooperation which can be mutually beneficial and are mutually agreed upon.

CLAUSE VII

1. The Participants will decide the specifics and logistics of every project they jointly undertake.

2. For this purpose, a protocol laying down the terms and conditions of the proposed exchanges will be concluded, if necessary.

3. Any dispute between the Participants concerning the interpretation and/or implementation of this Memorandum shall be settled amicably through consultations and negotiations. 

CLAUSE VIII

1. This Memorandum will come into effect on the date of its signature and will continue to have effect for a period of three years, thereafter automatically renewed for similar three year periods at a time, unless terminated by any of the Participants by giving a written notice to other Participants.

2. Any of the Participants may, at any time, notify the other, through diplomatic channels, of its intention to terminate the present Memorandum of Understanding. Termination will be effective ninety (90) days after the date of the notification and will not affect the ongoing projects, unless otherwise agreed upon by the Participants.

3. The Memorandum of Understanding may be amended at any time, by mutual consent of the Participants, through diplomatic channels. Such revisions or amendments shall enter into force on such date as may be determined by the Participants and shall form an integral part of this Memorandum.

IN WITNESS WHEREOF, the undersigned, have signed this Memorandum of Understanding at Goa on the 16th day of October 2016, in five originals in the English language.

                                                                                                                                                                              

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