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13087 India - Agreement on the Indo-U.S Science and Technology Forum


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13087

 

SCIENTIC COOPERATION

 

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and INDIA

 

Signed at New Delhi March 21, 2000

 

 

 

 

 

 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

INDIA

Scientific Cooperation


Agreement signed at New Delhi March 21, 2000;
Entered into force March 21, 2000.

AGREEMENT BETWEEN THE
GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE
GOVERNMENT OF THE REPUBLIC OF INDIA
ON
THE INDO-U.S. SCIENCE AND TECHNOLOGY FORUM
The Government of the United States of America and the Government of the Republic
of India (hereinafter the "Parties"),
Desirous of promoting scientific and technological cooperation between the peoples of
their two countries and enhancing the ability of their peoples to contribute to the store of human
knowledge and achievement,
Have agreed as follows:
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Article I
The Purpose of the Forum
The two Parties agree to establish the Indo-U.S. Science and Technology Forum (the
"Forum") which shall facilitate and promote the interaction, in the United States and India, of
government, academia, and industry in science, technology and other areas addressed by its
predecessor, the U.S.-India Fund (USIF). The Forum shall focus on issues of common
concern and activities of mutual benefit while exploring trends in science and technology. The
Forum shall promote research and development, the transfer of technology, the creation of a
comprehensive electronic reference source for Indo-U.S. science and technology cooperation,
and the electronic exchange and dissemination of information on Indo-U.S. science and
technology cooperation, and other programs consistent with the previous practice of USIF.
Article II
Forum Activities
1. The Forum shall establish an electronic reference source in order to promote an
active electronic exchange of ideas and opportunities in Indo-U.S. science and technology
cooperation and other areas addressed by USIF. The dialogue fostered by this electronic
interchange would be available to support the deliberations of the Forum's Governing Body.
2. The Forum shall provide a medium for reporting on the status of existing cooperative
activities and for dissemination of Governing Body guidance and deliberations.
3. The Forum shall commission studies, reports and papers and would assist in
facilitating and promoting joint collaboration of projects.
4. The Forum shall seek recognition and affiliation with other international scientific
societies deemed beneficial to promoting the goals of the Forum.
5. Participation in all programs, events and activities sponsored by the Forum shall be
subject to the concurrence of both Parties. Nothing in this agreement shall require the Parties
to act contrary to their national laws or regulations.
Article III
The Governing Body
I. The Forum shall be registered as a non-profit Society under the Indian Societies Act
and shall have the ability to receive funds from public and private sources to carry out its
activities.
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2. To ensure that the activities undertaken by the Forum conform to the highest
standards of excellence, a Governing Body of eminent persons shall be established with equal
U.S. and Indian representation. Members of the Governing Body shall be highly respected
representatives from government, industry, academia, and private organizations with a genuine
interest in encouraging Indo-U.S. science and technology collaboration.
3. The Governing Body shall meet at least once a year.
4. In providing guidance and leadership to the Forum, the members of the Governing
Body shall monitor present activities and trends in bilateral science and technology cooperation
and make recommendations and identify priorities for future cooperation.
5. Unless otherwise specified in this Agreement, the Governing Body shall have
ultimate authority for all decisions implementing this Agreement. The Governing Body may
vote to delegate in writing its decision-making authority to the Executive Director, consistent
with the Director's responsibilities as defined in Article IV below. The Governing Body may
also establish advisory groups or committees for specific purposes as required.
6. Except as provided in paragraph 7 below, the term of service for the Governing
Body members shall be three years.
7. The Governing Body shall be composed of seven members from the United States
and seven from India. Of the seven members from each Party, four members shall come from
government and the remaining members from industry, academia and private organizations. To
provide official linkage to the GOI, the Secretary of the Department of Science and
Technology, Ministry of Science and Technology, shall be one of the seven Indian members of
the Governing Body. The Secretary shall serve on the Governing Body as long as he/she holds
his/her appointment as Secretary of the Department of Science and Technology. The other
representatives shall be nominated by the respective Parties.
8. The Governing Body shall to the extent possible operate on the basis of consensus.
When it is necessary to vote on an issue, policy matters shall be decided by a simple majority
vote and budgetary matters shall be decided by a two-thirds majority. For all votes, the
majority vote shall include the votes of all the government representatives of both Parties to
this Agreement.
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Article IV
Administration of the Forum
1. The Forum shall employ a full time Executive Director, who shall be a non-member
convener of the Governing Body, and minimal support staff (preferably no more than two).
The Executive Director shall be selected and supervised by the Forum Governing Body.
2. The Executive Director shall be responsible for scientific administration, fiscal
oversight, coordination of Forum activities, support of Forum fund raising and providing
services to the Forum. The Executive Director shall submit a report annually to the Governing
Body on the activities of the Forum.
Article V
Financing the Forum
1. The Parties shall use funds allocated from the so-called "Regular Fund," established
upon conclusion of the Agreement Between the Government of the Republic of India and the
Government of the United States of America on Educational, Cultural and Scientific
Cooperation, signed at New Delhi, January 7, 1987, to create an endowment to support the
operations of the Forum.
2. The Forum shall manage this endowment and use the annual interest earnings to
support its operations and activities.
3. Each year, the Government of India shall provide the Forum with matching funds
that are equal to the annual interest earnings from the endowment.
4. The Forum, in its capacity as an Indian Society, may also seek to raise funds from
industry and private sources, in India and the United States, to support its activities, in
accordance with the laws, regulations, and policies of the country in which the funds are being
raised.
Article VI
Facilitation of Cooperation
1. Each Party shall use its best efforts to facilitate financial contributions to the Forum
from industry and private sources, in accordance with its national laws and regulations.
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2. The Parties shall use their best efforts to facilitate cooperation under this Agreement,
including taking appropriate measures with respect to the prompt entry into and exit from their
territory of personnel, supplies, research materials and equipment of the other side and with
respect to exemptions from taxes and other fees of personnel and equipment connected with the
Forum or activities under this Agreement in accordance with the applicable laws and
regulations of each country.
Article VII
Qualifications and Restrictions
1. Activities under this Agreement shall be subject to the laws and regulations in each
country and the availability of funds.
2. Nothing in this Agreement shall be construed to prejudice other arrangements for
cooperation between the two countries. The Parties shall use their best efforts to ensure
compatibility between the operation of this Agreement and other such agreements. The Forum
shall neither sponsor, nor permit under its auspices, any activity that would be proscribed by
either Party's national laws or regulations.
Article VIII
Entry into Force, Termination and Amendments
1. The Forum shall be established upon signature of this Agreement.
2. The Agreement shall remain in force until terminated by either Party giving six
months advance notification to the other Party in writing. Any remaining assets would be
disposed of in India as mutually agreed by the Parties.
3. The Agreement may be amended by mutual written agreement by the Parties.
DONE at New Delhi March 21, 2000, in two originals, in the English and Hindi languages. In
the case of divergence between the two language texts, the English language text shall prevail.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:
REPUBLIC OF INDIA:



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