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MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF INDIA AND ON COOPERATION IN THE FIELD OF ENVIRONMENT

MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF EXTERNAL RELATIONS OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE MINISTRY OF EXTERNAL AFFAIRS OF THE REPUBLIC OF INDIA ON THE ESTABLISHMENT OF A CONSULTATION MECHANISM ON CONSULAR AND MOBILITY ISSUES

IMPLEMENTING ARRANGEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF INDIA ESTABLISHING COOPERATION IN AUGMENTATION OF A BRAZILIAN EARTH STATION FOR RECEIVING AND PROCESSING DATA FROM INDIAN REMOTE SENSING (IRS) SATELLITES

 


 

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF INDIA AND ON COOPERATION IN THE FIELD OF ENVIRONMENT

The Government of The Federative Republic of Brazil

and

The Government of the Republic of India
(hereinafter referred to as “the Parties”);

Taking into consideration the deep concern of both countries for the global environment and their shared interest in its conservation for the well-being of present and future generations;

Keeping in mind that sustainable development in Brazil and India requires effective measures for protection and improvement of the environment;

Recalling the importance of cooperation between developing countries towards the enhancement of sustainable development;

Considering the principles and documents adopted during the United Nations Conference on Environment and Development held at Rio de Janeiro in June 1992, at the United Nations World Summit on Sustainable Development held in Johannesburg in 2002 and at the United Nations Conference on Sustainable Development (Rio+20), held at Rio de Janeiro in June 2012; and

Desirous of promoting the establishment and development of closer and long term cooperation between both countries in the field of protection and improvement of the environment;

Have reached the following understanding:


ARTICLE I

The Parties shall cooperate in the field of environmental protection on the basis of equality, reciprocity and mutual benefit.


ARTICLE II

The Parties shall mutually extend their co-operation, inter alia, in the following priority areas:

a) Climate Change;

b) Biological Diversity, with attention to the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilization;

c) Afforestation in arid areas;

d) Water conservation and protection of wetlands;

e) Waste management including agricultural waste and electronic waste;

f) Waste water management and re-use of treated effluents;

g) Use of bio-fuels;

h) Use of medicinal plant products;

i) Air and water quality management; and

j) Environmental information systems.

2. The Parties shall carry out the above mentioned co-operative activities, in accordance with their national law and their obligations under international treaties in the field of environmental protection and conservation of natural resources.


ARTICLE III
Cooperation between the Parties under this Memorandum of Understanding may be conducted in the form of:
a) Exchange of information and documentation;
b) Exchange of visits by experts, scholars and delegations;
c) Jointly organized seminars, workshops and meetings involving experts, scientists, private companies and other relevant agencies;
d) Collaborative projects;
e) Other forms of cooperation as mutually agreed upon.

ARTICLE IV

1. Subject to national legislation and international agreements in force in both countries, the Parties shall adopt appropriate measures to protect the intellectual property rights arising under the implementation of this Memorandum of Understanding.

2. The conditions for the acquisition, maintenance and commercial exploitation of intellectual property rights over possible products and/or processes that might be obtained under this Memorandum of Understanding will be defined in the specific programs, contracts or working plans, which shall also set out the conditions regarding the confidentiality of information whose publication and/or disclosure might jeopardize the acquisition, maintenance and commercial exploitation of intellectual property rights obtained under this Memorandum of Understanding.


ARTICLE V

1. The Parties, proceeding from the objectives of the MoU, shall promote and facilitate the establishment and development of direct contact and cooperation between them and between public and private institutions and organizations of both countries.

2. The Parties shall encourage contacts between Government agencies, academic institutions and private economic enterprises of both countries interested in cooperation, including the signing of contracts and working agreements.

ARTICLE VI

The scientific and technical Information, not protected by the intellectual property rights, that may be accumulated as a result of cooperation under the present MoU, excluding information which may not be disclosed in view of national security, or commercial or industrial considerations, may be provided to the international scientific community and institutes unless otherwise agreed to by both Parties, through the usual channels and in accordance with the normal procedures of the participating institutions and organizations. In exchanging and disseminating it to third parties, both Parties shall take into account existing legal provisions, the rights of third parties and international obligations.


ARTICLE VII

1. For coordination and implementation of this MoU, an Indo-Brazil Joint Working Group on Environment shall be set up (hereinafter referred to as ‘the Working Group’).

2. The Working Group will meet, at intervals agreed upon by the Parties, alternately in Brazil and India. It will examine concrete activities and programmes of cooperation; coordinate with the participating organizations responsible for the implementation of these programmes; and shall make recommendations to Parties, through an accepted procedure. The composition, place of the meetings and procedure to be followed in the Working Group shall be mutually determined by the Parties, the sending side bear the cost of such visits.

3. The Ministry of Environment and Forests of the Republic of India and the Ministry of Environment of the Federative Republic of Brazil shall be the nodal agencies responsible for coordination and organization of cooperation under the present MoU.

4. The activities under the MoU will be conducted on the basis of a plan of action, formulated for period of five years, in accordance with the programmes of cooperation.


ARTICLE VIII

This MoU may not be interpreted so as to prejudice the rights and obligations of the Parties which result from other agreements in force concluded by each of the two Parties of their States under international law.


ARTICLE IX

Disputes arising out of interpretation in or application of this MoU which cannot be resolved between the agencies responsible for coordination and organization of cooperation shall be resolved amicably by negotiation and consultation between the Parties.


ARTICLE X

1. The present MoU shall continuously remain in force from the date of signature, unless either Party terminates it by giving a written notice to the other Party, through diplomatic channel, of its intention to terminate it. In such a case, the MoU shall be terminated six (6) months from the date of such notification.

2. The termination of this MoU shall not affect the completion of activities under agreements and contracts concluded on the basis of the present MoU, which may have not been completed on the date of its termination.

Signed in Brasília on the 16th day of July, 2014, in two originals, each in the Portuguese, Hindi and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

 


 

MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY OF EXTERNAL RELATIONS OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE MINISTRY OF EXTERNAL AFFAIRS OF THE REPUBLIC OF INDIA ON THE ESTABLISHMENT OF A CONSULTATION MECHANISM ON CONSULAR AND MOBILITY ISSUES

The Ministry of External Relations of the Federative Republic of Brazil

and

The Ministry of External Affairs of the Republic of India
(hereinafter referred to as “the Parties”),


Considering the historical links of friendship and cooperation that unite both countries;

In accordance with the rights and guarantees provided in their respective national legislations and in the relevant international treaties and conventions, to which they are Parties;

Convinced that the movement of people between two countries contributes to proximity between their nationals and may constitute a factor of economic, social and cultural development to their countries and populations;

Considering the knowledge accumulated by both countries and the expertise developed on the subject of consular assistance, support to overseas nationals and relations between their Governments and their respective diasporas;

Aware of the need for establishing a bilateral mechanism for information exchange and coordination in the areas of application of this Memorandum, as well as to address specific issues and exigencies related to the movement of people between the two countries;

Stressing the need to develop legal instruments for legal bilateral cooperation;

Bearing in mind the desire to deepen the bilateral dialogue with regard to international legal cooperation in civil and criminal matters,

Have reached the following understanding:


Article I
Establishment of a Bilateral Consultation Mechanism

The Parties decide to establish a bilateral mechanism for consultation on bilateral consular and mobility issues and on bilateral legal cooperation, including issues related to the movement of people between the two countries. The consultation mechanism will be operationalized by a Working Group which will ensure that dialogue and regular exchange of information are held between the Parties.


Article II
Objectives

The objectives of the mechanism will be to:

a) exchange information on the use of new technologies in the areas of consular service and assistance and issuance of travel documents;

b) exchange information on the experience of both countries with their overseas nationals, as well as on current initiatives to support their respective expatriate communities;

c) exchange information on forms of relation between Government and diaspora, representation of overseas nationals, dialogue and representation mechanisms for expatriate communities and use of new technologies and procedures to support them;

d) consider possibilities of joint actions or of bilateral cooperation in projects which are of interest to each country’s nationals in the other or in situations of consular emergency in third countries for the benefit of each country’s community;

e) discuss topics that may be the object of agreements for the benefit of their respective nationals in third countries;

f) analyze initiatives which aim at facilitating the movement of people between the two countries, including exchange of information on each other’s visa policies;

g) examine any issues related to movement of people that may be presented by a Party and serve as a means to forward such issues to the competent national authorities;

h) exchange and disseminate information as well as coordinate actions aimed at promoting legal migration and informing about the risks of human trafficking, irregular movement of people;

i) support police bilateral cooperation, notably through the exchange of best practices, and including occasional visits of officials of both countries;

j) identify ways of improving the bilateral relationship in the field of international legal cooperation.


Article III
Composition of the Working Group and frequency of meetings

1. The Working Group mentioned in Article I shall meet once a year, alternately in the territory of one or the other country, and, in addition, upon request of either Party.

2. The Working Group will be chaired jointly by a representative of each Party.

3. In addition to representatives of the Parties, the Working Group may include representatives of other Ministries and public agencies involved in items of the agenda.

Article IV
Final Provisions

1. This Memorandum of Understanding will take effect from the date of its signature and will remain valid indefinitely.

2. This Memorandum of Understanding may be amended at any time upon mutual written agreement of the Parties.

3. Either Party may at any time notify the other of its intention to terminate this Memorandum of Understanding. Termination shall take effect three (3) months after the date of notification.

4. Any differences related to the interpretation or application of this Memorandum of Understanding shall be solved by mutual agreement of the Parties, within the working Group mentioned in Article 1 or, if necessary, through diplomatic channels.

Signed in Brasília on July 16th, 2014, in two originals, in the Portuguese, Hindi and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

 



IMPLEMENTING ARRANGEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF INDIA ESTABLISHING COOPERATION IN AUGMENTATION OF A BRAZILIAN EARTH STATION FOR RECEIVING AND PROCESSING DATA FROM INDIAN REMOTE SENSING (IRS) SATELLITES

The Government of the Federative Republic of Brazil

and

The Government of the Republic of India
(hereinafter referred to as the "Parties"),


RECALLING the Framework Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of India on cooperation in the peaceful uses of outer space signed on January 25, 2004; and the Implementing Arrangement regarding cooperation in augmentation of a Brazilian Earth Station for receiving and processing data from Indian Remote Sensing (IRS) Satellites signed on June 04, 2007 and expired on June 04, 2010, in accordance with its paragraph 6.2;

CONSIDERING that Brazilian Space Agency (AEB) and the Indian Space Research Organisation (ISRO) have been named under the above Framework Agreement as Implementing Agencies responsible for the development, coordination and control of cooperation envisaged by the said Framework Agreement;

CONSIDERING FURTHER that the Framework Agreement contemplates in its Article 2 item 2 that the Parties or the Implementing Agencies may designate other institutions to develop cooperation programs in the areas agreed under Article 3 of the Framework Agreement, within the limits of their competences;

CONSIDERING ALSO that ISRO has developed and operationalised a series of Indian Remote Sensing Satellites (IRS) for natural resources and environmental management, and the data from these satellites are operationally received over many earth stations around the world;

CONSIDERING FURTHER that under the Brazilian remote sensing data policy, satellite remote sensing data are made available to the user community in Brazil and adjoining countries for various environmental applications;

ACKNOWLEDGING the interest of Brazil to receive the AWiFS and the LISS-III data from the Indian Resourcesat-2 satellite at the Cuiabá earth station in Brazil for natural resources management, on a basis similar to that agreed for Resourcesat-1 under the Cooperative Program signed on December 2008 between ISRO, AEB and National Institute for Space Research (INPE);

DESIRING to continue the effective bilateral cooperation between both countries in the field of space activities, with a view to promote social, economic and cultural development for the benefit of the peoples of their countries; and

AIMING to further encourage commercial and industrial cooperation between the private sectors of both countries in the space field.

HAVE reached the following arrangement:

Section 1
PURPOSE

The purpose of this Implementation Arrangement is to define the terms and conditions for augmentation of a Brazilian earth station to receive and process data from the Indian Remote Sensing (IRS) satellites.

Section 2
SCOPE
This Implementing Arrangement provides for the reception of data from AWiFS and LISS-III payloads of IRS satellites, including but not limited to the Resourcesat-2 at Cuiabá earth station in Brazil on a Government-to-Government cooperation basis.

Section 3
DESIGNATIONS

The AEB designates the National Institute for Space Research (INPE), the Brazilian executive agency for the subject of earth observation data reception, processing, archiving, and distribution to take responsibility and to work together with ISRO and its executive agency (National Remote Sensing Centre) in order to accomplish the actions in this Implementing Arrangement when nominally cited.

Section 4
RESPONSIBILITIES OF THE PARTIES

4.1- ISRO responsibilities:

4.1.1- ISRO shall arrange to make available to INPE remotely sensed data of areas within the acquisition radius of INPE´s earth station in Cuiabá acquired by AWiFS and LISS-III payloads of IRS satellites, as agreed by the Parties, including the Resourcesat-2;

4.1.2- ISRO shall provide INPE with the specific hardware required to augment the Cuiabá earth station to enable the reception of IRS satellite data, including the Resourcesat-2 AWiFS and LISS-III, to the extent possible, the hardware infrastructure already established for the reception of previous IRS satellite data;

4.1.3- ISRO shall provide the front-end hardware and software upgrades required, as appropriate, to process and generate products from the received data from IRS satellites, including Resourcesat-2 AWiFS and LISS-III;

4.1.4- ISRO shall assist INPE engineers in setting up the hardware and software mentioned in 4.1.2 and 4.1.3 above;

4.1.5- ISRO shall provide INPE with the IRS satellite orbital parameters, as appropriate, to enable INPE to point the Cuiabá earth station antenna to accurately receive the remotely sensed data;

4.1.6- ISRO shall provide INPE with the necessary information on the IRS satellites, including AWiFS and LISS-III camera systems necessary for INPE to process the data and use it for different applications;

4.1.7- ISRO shall provide the necessary training to INPE´s technical staff on IRS satellite data reception and processing, including for Resourcesat-2.


4.2- INPE responsibilities:

4.2.1- INPE shall set up the hardware and software systems provided by ISRO for Resourcesat-1 and augment the Cuiabá earth station to make it ready to receive the AWiFS and LISS-III data from ISRO’s Resourcesat-2 satellite, and other IRS satellites, as agreed by the Parties;

4.2.2- INPE shall carry out the tests of the earth station and announce readiness of the ground station for receiving and processing the data as given in 4.2.1;

4.2.3- INPE shall inform ISRO about the requirement of data to be received by the Cuiabá ground station two weeks in advance nominally so as to enable ISRO to programme the satellite for acquisition and transmission of the data;

4.2.4- INPE shall be responsible for distributing the remotely sensed data products to the users only over areas within the acquisition radius of INPE´s ground station in Cuiabá;

4.2.5 INPE will archive and make publicly available data from IRS satellites, as agreed by the Parties, from areas within the acquisition radius of INPE´s ground station in Cuiabá, respecting each other´s policy of data distribution and availability; and

4.2.6- INPE shall make available to ISRO copies of the data received over areas within the acquisition radius of INPE´s ground station in Cuiabá on a six monthly basis.

Section 5
FINANCIAL ARRANGEMENTS

5.1- INPE will, with its own regular budgetary resources, bear the cost for augmentation of the existing Resourcesat-1 hardware infrastructure at Cuiabá ground station for the purpose of receiving Resourcesat-2 data and for other IRS satellite data, as agreed by the Parties.

5.2- ISRO shall provide to INPE the front-end hardware and software
upgrades required to augment the Cuiabá earth station free-of-cost;

5.3- The costs for the non-exclusive rights to receive, process and use the data from AWiFS and LISS-III of Resourcesat-2 satellite and other IRS satellite data, as agreed by the Parties, shall be borne by AEB on a non-commercial and most favourable basis using its own approved budgetary resources; and

5.4- Apart from above, ISRO and AEB shall bear their own costs for carrying out their responsibilities under this Implementing Arrangement. AEB will bear its respective costs using its own approved budgetary resources.


Section 6
INTELLECTUAL PROPERTY, EXCHANGE OF INFORMATION, LIABILITY, CUSTOMS REGULATION, EXPORT CONTROL, ASSISTANCE TO ACTIVITIES OF PERSONNEL AND SETTLEMENT OF DISPUTES

With respect to use and application of laws relating to intellectual property, exchange of information, liability, customs regulation, export control, assistance to the activities of personnel and settlement of disputes, within the framework of this Arrangement, the relevant articles of the Framework Agreement between the Government of the Republic of India and the Government of the Federative Republic of Brazil on cooperation in the peaceful uses of outer space signed on January 25, 2004 shall apply for the activities carried out within the framework of this Arrangement.


Section 7
FINAL CLAUSES


7.1- The present Arrangement shall enter into force on the date of the last notification on the fulfillment by the Parties of their legal internal procedures necessary for this purpose;

7.2- This Arrangement shall remain in force for as long as the Parties agree to continue their cooperation regarding the reception of IRS satellite data, to be communicated every 3 years through exchange of notes;

7.3- For the reception of other IRS satellite data, as agreed by the Parties, specific terms and conditions under which ISRO will provide and INPE will receive, process, archive and distribute data will be developed in specific Cooperative Programs;

7.4- This Arrangement shall cease to exist in the event the Framework Agreement between the Government of the Republic of India and the Government of the Federative Republic of Brazil on cooperation in the peaceful uses of outer space signed on January 25, 2004 is terminated; and

7.5- This Arrangement may be amended by mutual consent through exchange of letters between the Parties. The amendments shall enter into force in accordance with the procedure set up in Section 7.1.

Done at Brasilia on July 16th 2014 in two originals, each in Hindi, Portuguese and English languages, all texts being equally authentic. In case of any divergence in interpretation of the provisions of this Arrangement the English text shall prevail.

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