Date: 2024-09-24Category: Not ApplicableState: Union GovernmentCountry: India
Memorandum of understanding between The Government of the Republic of Côte D'Ivoire and The Government of the Republic of India in the fields of Geology and Mineral Resources.
**Executive Summary**
This is a Memorandum of Understanding (MOU) between the Government of the Republic of Côte d'Ivoire and the Government of the Republic of India. The MOU aims to define the framework for cooperation in the fields of geology and mineral resources between the two Parties. The MOU was signed on February 5th, 2024, and is valid for five years, renewable by mutual written consent.
**Key Points / Main Content**
* **Objective:**
* Defines the framework for cooperation in geology and mineral resources.
* **Areas of Cooperation:**
* Training of personnel in geosciences.
* Sharing of experiences and exchanges between technical teams.
* Exchange of information on mining policies, laws, regulations, and projects.
* Development, enhancement, and transformation of mineral resources.
* Promotion of investment in the mining sector.
* Promotion of joint ventures in geology.
* **Terms of Cooperation:**
* Promotion of periodic exchanges between scientists and experts.
* Promotion of joint projects relating to the study and development of mineral deposits.
* Technology transfer in support of collaborative projects.
* Visits by geoscientific experts.
* Participation in workshops, conferences, and exhibitions.
* Exchange of information on research and development.
* Any other form of cooperation defined by mutual agreement.
* **Central Authority:**
* Ministry of Mines of the Government of the Republic of India.
* Ministry in charge of Mines of the Government of the Republic of Côte d'Ivoire.
* **Implementation and Joint Working Group:**
* Specific agreements to define terms and conditions for collaborative programs.
* Potential establishment of a joint working group for strengthening cooperation with meetings held twice a year, alternately in each country.
* Meeting place, agenda, and date to be determined by mutual agreement.
* **Financial Arrangements:**
* Each Party bears its own costs.
* Activities are subject to availability of funds and personnel.
* **Protection of Intellectual Property Rights (IPR):**
* Jointly share and publish scientific results or maintain confidentiality.
* Prior authorization is required for use of logos.
* Information is subject to the rules and regulations applicable to both Parties.
* Parties shall submit as co-applicants for protection of IPRs arising from joint activities.
* **Protection of Confidential Information:**
* Information remains confidential.
* Shall not be shared with third parties without consent.
* **Dispute Settlement:**
* Disputes settled amicably through consultations.
* Activities governed by the laws of the respective countries.
* **Revision and Amendment:**
* Amendments can be made by mutual written consent.
* **Entry into Force, Duration, and Termination:**
* Enters into force upon signature.
* Valid for five years, renewable by mutual consent.
* May be terminated with three months' written notification.
* Cooperative programs continue until completion unless otherwise agreed.
**Impact Analysis**
**Government of the Republic of Côte d'Ivoire**
* **Impact:** Enhanced collaboration in geology and mineral resource development, access to expertise and technology, potential for investment and growth in the mining sector.
* **Action Required:** Designate the Ministry in charge of Mines as the central authority, participate in the joint working group (if formed), ensure financial resources are available for cooperative activities.
**Government of the Republic of India**
* **Impact:** Enhanced collaboration in geology and mineral resource development, access to resources and expertise, potential for investment opportunities and technology transfer.
* **Action Required:** Designate the Ministry of Mines as the central authority, participate in the joint working group (if formed), ensure financial resources are available for cooperative activities.
Key Entities Referenced
Memorandum of Understanding: The main agreement document regarding cooperation in geology and mineral resources.
Republic of Côte d'Ivoire: One of the parties involved in the agreement.
Republic of India: One of the parties involved in the agreement.
Ministry of Mines of the Government of the Republic of India: The central authority from India responsible for the implementation of the MoU.
Ministry in charge of Mines of the Government of the Republic of Côte d'Ivoire: The central authority from Côte d'Ivoire responsible for the implementation of the MoU.
THE GOVERNMENT OF THE REPUBLIC OF
COTE D’IVOIRE
AND
THE GOVERNMENT OF THE REPUBLIC OF
INDIA
IN THE FIELDS OF GEOLOGY AND MINERAL
RESOURCESThe Government of the Republic of Céte d’lvoire on the one hand;
AND
The Government of the Republic of India on the other hand;
Hereinafter referred to collectively as "the Parties" and individually as “the Party”,
Confirming their mutual interest in developing and strengthening their cooperation
in the fields of geology and mineral resources, on the basis of this Memorandum of
Understanding;
Recognizing that this Memorandum of Understanding establishes the framework
for such cooperation in the fields of geology and mineral resources;
Desiring to develop cooperation in the fields of geology and mineral resources
between the Republic of Céte d'Ivoire and the Republic of India;
And,
Convinced that this cooperation will further strengthen friendly and fraternal
relations between the two Parties,
Have reached the following understanding:
ARTICLE 1
OBJECTIVE
The objective of this Memorandum of Understanding is to define the framework
for cooperation in the fields of geology and mineral resources between the Parties.
ARTICLE 2
AREAS OF COOPERATION
The Parties agree to cooperate in the following areas, without the list being
exhaustive:
a) The training of personnel in geosciences, in particular geological and
geophysical mapping, geochemistry applied to mineral resource development,
seismic microzoning, satellite imagery studies applied to geological research;
The sharing of experiences and exchanges between technical teams;
Lyc) The regular exchange of information relating to mining policies, laws and
regulations and projects identified within the framework of the cooperation;
d) The development, enhancement and_ transformation of mineral resources
on small and large scales;
e) The promotion of investment in the mining sector;
The promoting of joint ventures in the field of geology.
ARTICLE 3
TERMS OF THE COOPERATION
The Parties agree to cooperate in the following ways:
a) The promotion of periodic exchanges between scientists and experts and the
capacity building of mining administration personnel in geosciences;
b) The promotion of joint projects relating to the study and development of mineral
deposits in their respective territories of common interest:
c) Technology transfer in support of collaborative projects;
d) Visits by geoscientific experts engaged in research programs of common interest
or specific to a particular collaborative research program.
e) Participation in workshops, conferences and exhibitions aimed at attracting
investment in mineral exploration and development of mineral deposits in their
respective territories.
f) Exchange information on research and developmentin the mining sector, and,
g) Any other form of cooperation defined by mutual agreement between the Parties.
ARTICLE 4
CENTRAL AUTHORITY
The organisations responsible for the implementation of this Memorandum of
Understanding are:
a) The Ministry of Mines of the Government of the Republic of India; and,
b) The Ministry in charge of Mines of the Government of the Republic of Céte
d'Ivoire.
Ae_ ARTICLE 5
IMPLEMENTATION AND JOINT WORKING GROUP
a) The Parties shall conclude specific agreements defining the terms and conditions
for the implementation of each collaborative program initiated under this
Memorandum of Understanding.
b) Within the framework of this Memorandum of Understanding, and in order to
exchange views and develop a roadmap for strengthening cooperation, the two
Parties may set up a joint working group. This joint working group may organize
meetings and periodic reviews, preferably twice a year, alternately in each country in
order to effectively implement the Memorandum of Understanding.
c) The place, agenda and date of meetings of the working group shall be
determined by mutual agreement of the Parties.
ARTICLE 6
FINANCIAL ARRANGEMENT
Each Party shall bear the costs of the activities and programs it undertakes in
furtherance of the objectives of this Memorandum of Understanding, including
participation in the meetings of the joint working group. Activities undertaken
under this Memorandum of Understanding are subject to the availability of funds
and personnel.
ARTICLE 7
~ PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (IPR)
a) The Parties shall jointly share and publish the scientific and technical results
of the cooperation projects carried out within the framework of this Memorandum of
Understanding in French and English or maintain their confidentiality in accordance
with the specific provisions defined in the collaboration projects. The use of the
name, logo and/or the official emblem of the Parties on any publication, document
and/or paper requires the prior authorization of both Parties. However, each Party
shall ensure that the official emblem and logo are not misused.
b) Subject to the rules and regulations applicable to both Parties, information,
including derived data, maps and reports resulting from collaborative activities
4 ycarried out under this Memorandum of Understanding may not be disclosed to third
parties without the written consent of both Parties. All intellectual property rights
(IPRs) related to documents produced jointly by the two Parties shall respect the
original IPRs of the Parties’ contribution and the new IPRs shall be the common
property of both Parties, subject to mutual written agreements concerning the
distribution of jointly created Intellectual Property Rights.
c) The Intellectual Property Rights of all background IPRs, including, but not
limited to, information, maps, reports and all analogic or electronic data provided
by either Party for the purposes of this Memorandum of Understanding, shall vest
and shall remain vested with the Party which owns it.
d) Each Party shall grant the other Party, ona reciprocal basis, a non-exclusive
license to use the Intellectual Property Rights as reasonably required for the sole
purpose of this Memorandum of Understanding. Any other use of the Intellectual
Property Rights of one Party shall be subject to the conclusion of separate licensing
agreements with the other Party. No transfer of ownership of the original IPRs of
either Party is implicit in this Memorandum of Understanding.
e) Each Party shall ensure appropriate protection of Intellectual Property Rights
arising from cooperation under this Memorandum of Understanding, in accordance
with the respective laws and regulations and multilateral agreements to which
both Parties are signatories.
f) In the event of research results generated through joint activities pursuant to
this Memorandum of Understanding, both Parties shall submit, as co-applicant,
an application for protection of Intellectual Property Rights, subject to the exclusive
right of both Parties to commercialize the technology in their respective countries.
Marketing in any other country will be done jointly through another agreement.
ARTICLE 8
PROTECTION OF CONFIDENTIAL INFORMATION
a) All information and documents to be shared pursuant to this Memorandum of
Understanding shall remain confidential and shall be used subject to the conditions
specified by each Party. The Parties shall not share such information with third
parties or use it for purposes other than those specified without the prior written
consent of the other Party.
fk
hyb) All confidential information remains the exclusive property of the Party disclosing
it. The Parties agree that this Memorandum of Understanding and the disclosure
of confidential information shall not grant or imply any license, interest or right to the
Recipient with respect to the Intellectual Property Rights of the other Party.
c) Unpublished information, whether oral, written, discovered or designed by
scientists or technicians and exchanged in accordance with the provisions of this
Memorandum of Understanding shall not be transmitted to third parties, except
with the consent of the Parties.
ARTICLE 9
DISPUTE SETTLEMENT
a) Any dispute between the Parties arising out of the interpretation or
implementation of this Memorandum of Understanding shall be settled amicably
through consultations or negotiations between the Parties to the dispute.
b) The activities carried out under this Memorandum of Understanding shall be
governed and interpreted in accordance with the laws and regulations of the
respective countries of the Parties where such activities take place.
ARTICLE 10
REVISION AND AMENDMENT
The Memorandum of Understanding may be amended at any time by mutual
written consent of the Parties, through an exchange of notes between them through
diplomatic channels.
ARTICLE 11
ENTRY INTO FORCE, DURATION AND TERMINATION
a) This Memorandum of Understanding enters into force on the date of its
signature by the Parties.
b) The Memorandum of Understanding is valid for a period of five (05) years,
renewable by mutual written consent of the Parties, fora similar period.
c) The Memorandum of Understanding may be terminated at any time by either
Party within three (03) months after written notification to the other Party through
diplomatic channels.
Ae
AyIn the event of termination, the cooperative programs and any outstanding
obligations shall remain valid and shall be governed by the provisions of this
Memorandum of Understanding until their completion, unless the Parties agree
otherwise.
IN WITNESS HEREOF, the undersigned have signed this Memorandum of
Understanding.
Done at Cape Town on 5' day of February, 2024, in two originals, each in
French and English, all texts being equally authentic. In the event of a difference in
interpretation, the English version will prevail.
For the Government of the For the Government of the
Republic of Cote d’lvoire Republic of India
Mr. Mamadou SANGAFOWA COULIBALY Mr. Sanjay Lohiya
Minister of Mines, Petroleum and Energy Additional Secretary,
Ministry of Mines