Date: 2019-03-29Category: Not ApplicableState: Union GovernmentCountry: India
MoU on cooperation in the field of Geology and Mineral Resources between the Plurinational State of Bolivia, represented by the Ministry of Mining and Metallurgy and the Republic of India, represented by the Ministry of Mines.
**Executive Summary**
This document is a Memorandum of Understanding (MoU) signed on March 29, 2019, between the Ministry of Mines of the Government of the Republic of India and the Ministry of Mining and Metallurgy of the Plurinational State of Bolivia. The MoU aims to promote cooperation in the field of geology and mineral resources. The MoU is valid for five years and can be renewed for a further five years with mutual consent or terminated with six months' notice.
**Key Points / Main Content**
* **Definitions:**
* MoU: The present Memorandum of Understanding.
* IPR: Intellectual Property Rights.
* JWG: Joint Working Group.
* PERIOD: Five (5) year term from the commencement date of this MoU.
* PARTIES: The Republic of India and the Plurinational State of Bolivia.
* **Objective:**
* Promote cooperation for the development of geological and mineral resources.
* Promote mining investments and the transfer of technology.
* **Areas of Cooperation:**
* Geological mapping and research.
* Prospecting, exploration, and mining development.
* Beneficiation of ores and minerals.
* Training of personnel.
* Organization of seminars.
* Promotion of high-level and experts' visits.
* Regular exchange of information.
* Promotion of joint ventures.
* **Forms of Cooperation:**
* Exchange of scientists, experts, delegations, and training of personnel.
* Joint organization of workshops, conferences, and business seminars.
* Facilitate investments in the mining sector.
* Transfer of technology.
* Exchange of published scientific and technical information.
* Other forms as agreed by both parties.
* **Central Authorities:**
* Ministry of Mines, Government of the Republic of India.
* Ministry of Mining and Metallurgy, Plurinational State of Bolivia.
* **Implementation and Joint Working Group (JWG):**
* A JWG may be formed to exchange views and draw a roadmap for cooperation.
* JWG will have equal representation from both sides.
* JWG meetings will occur once a year, alternating between India and Bolivia.
* **Financial Arrangement:**
* Each party covers its own expenses.
* Activities are subject to the availability of funds and personnel.
* **Protection of Intellectual Property Rights (IPR):**
* Joint publication of scientific and technical results.
* Prior permission required for the use of logos/emblems.
* Information may only be released to a third party with written consent from both parties.
* Background IPR remains with the owning party.
* **Protection of Confidential Information:**
* Information exchanged is confidential.
* No sharing with third parties without prior written consent.
* **Settlement of Disputes:**
* Disputes will be settled amicably through consultation or negotiation.
* **Revision and Amendment:**
* The MoU may be amended by mutual written consent.
* **Entry into Force, Duration, and Termination:**
* Effective from the date of signature.
* Valid for five years, renewable for another five.
* Termination possible with six months' written notice.
**Impact Analysis**
**Ministry of Mines, Government of the Republic of India**
* **Impact:** Responsible for implementation and execution of the MoU. Expected to collaborate with Bolivia to enhance cooperation in geology and mineral resources.
* **Action Required:** Participate in JWG meetings, facilitate information exchange, and undertake collaborative activities within the scope of the MoU.
**Ministry of Mining and Metallurgy, Plurinational State of Bolivia**
* **Impact:** Responsible for implementation and execution of the MoU. Expected to collaborate with India to enhance cooperation in geology and mineral resources.
* **Action Required:** Participate in JWG meetings, facilitate information exchange, and undertake collaborative activities within the scope of the MoU.
Key Entities Referenced
Memorandum of Understanding: An agreement on cooperation in the field of geology and mineral resources.
Ministry of Mines: The representative of the Republic of India in the MoU.
Ministry of Mining and Metallurgy: The representative of the Plurinational State of Bolivia in the MoU.
India: One of the parties of the agreement.
Bolivia: One of the parties of the agreement.
BETWEEN
MINISTRY OF MINES,
THE GOVERNMENT OF THE REPUBLIC OF INDIA
AND
THE PLURINATIONAL STATE OF BOLIVIA, REPRESENTED BY
THE MINISTRY OF MINING AND METALLURGY
ON
ON COOPERATION IN THE FIELD OF GEOLOGY AND MINERAL
RESOURCES
March 29, 2019MEMORANDUM OF UNDERSTANDING ON COOPERATION IN THE FIELD OF
GEOLOGY AND MINERAL RESOURCES BETWEEN THE REPUBLIC OF
INDIA, REPRESENTED BY THE MINISTRY OF MINES AND THE
PLURINATIONAL STATE OF BOLIVIA, REPRESENTED BY
THE MINISTRY OF MINING AND METALLURGY
THE REPUBLIC OF INDIA, REPRESENTED BY THE MINISTRY OF MINES,
GOVERNMENT OF INDIA AND THE PLURINATIONAL STATE OF BOLIVIA,
REPRESENTED BY THE MINISTRY OF MINING AND METALLURGY, hereinafter
jointly referred to as “Parties” and individually as “Party”.
Desiring to promote and expand bilateral relations in the field of geology and
mineral resources between the two countries on principles of equality and mutual
benefit on a long and enduring basis;
And convinced that this Memorandum of Understanding would form the basis of
favorable conditions for development of bilateral relations;
Have reached the following understanding:
ARTICLE 1
DEFINITION
The following words and expansion should have the meanings set out below:
a) MoU: The present Memorandum of Understanding or MoU.
b) IPR: Intellectual Property Rights
c) JWG: Joint Working Group
d) PERIOD: Five (5) year term from the commencement date of this MoU
e) PARTIES: The Republic of India, represented by the Ministry of Mines and the
Plurinational State of Bolivia, represented by the Ministry of Mining and
Metallurgy.
ARTICLE 2
OBJECTIVEARTICLE 3
AREAS OF COOPERATION
The cooperation between Parties will be developed in the following areas:
a) Geological mapping and research;
b) Prospecting, exploration and mining development;
c) Beneficiation of ores and minerals;
d) Training of personnel;
e) Organization of seminars to exchange views on development strategies;
f) Promotion of high-level and experts’ visits to explore investment
opportunities;
g) Regular exchange of information related to mineral resources, policies,
mining laws/regulation and projects identified for cooperation.
Promotion of joint ventures in the area of geological studies and
development of mineral deposits.
ARTICLE 4
FORMS OF COOPERATION
Co-operation between the parties in the field of geology and mineral resources may
be effected by means of:
a) Exchange of scientists, experts, delegations and training of personnel;
b) Joint organization of workshops, conferences and Business seminars;
c) Facilitate investments in the mining sector,
d) Transfer of technology in support of collaborative projects.
e) Exchange of published scientific and technical information, geological
publications, specimen and standard samples; and
f) Other form of co-operation as agreed to by both the parties.
ARTICLE 5
CENTRAL AUTHORITY
The institutions responsible for implementation and execution of the present MoU
are
(a) The Ministry of Mines, the Government of the Republic of India and
(b) The Plurinational State of Bolivia, represented by the Ministry of Mining and
Metallurgy.
ARTICLE 6
IMPLEMENTATION AND JOINT WORKING GROUP~ Group (JWG) with equal number of representatives from each side. The join
working group shall meet once every year alternately in India and in Bolivia.
The terms and conditions of implementation of each collaborative programme |
undertaken under this MoU as part of the envisaged co-operation shall be
agreed to by the Parties in separate MoUs.
The composition, venue, agenda and date of the meetings of the Joint
Working Group shall be determined by mutual understanding by the Parties.
ARTICLE 7
FINANCIAL ARRANGEMENT
Each Party will cover their own expenses relating to collaborative activities
and programmes carried out by them towards the fulfilment of the objectives of
the MoU, including participation in the meetings of Joint Working Group.
Activities pursuant to this Memorandum are subject to the availability of funds
and personnel and to the laws and regulations of the respective countries of
the Parties.
ARTICLE 8
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS (IPR)
a) The Parties will share and jointly publish the scientific and technical results of
cooperative projects conducted under this MOU in Spanish and English
languages or hold in confidence in accordance with the specific provisions
identified in the associated collaborative projects. The use of the name, logo
and/ or official emblem of the participants on any publication, document and/or
paper will require prior permission of both the participants. It may however be |
ensured that the official emblem and logo is not misused.
b) Subject to the applicable rules and regulations of the two Parties, information,
including derived data, maps and reports arising from collaborative activities
undertaken under this MOU may only be released to third Party on the written
consent of both parties in a written MoU. Any intellectual property rights (IPR) |
brought to material jointly produced by both parties will respect the background
IPR of the parties contributing and the foreground IPR will be the joint property
of both Parties subject to mutual written MoUs regarding apportionment of |
jointly created IPR.
c) The Intellectual Property Rights of all background IPR including, but not limited
to, information, maps, reports and all data in analogue or electronic forms |
supplied by the either Party for the purposes of this MOU is and will remain
vested with the owning Party.d) Both parties grant the other party a license to use their background IPR as
reasonably required for the sole purpose of this MOU. Any other usage of either
Party's background IPR will be subject to separate license arrangements being
agreed with the other Party. No transfer of the ownership of either Party’s
background IPR arises from or is implied under this MOU.
Each party will ensure appropriate protection of Intellectual Property Rights
generated from cooperation pursuant to MOU, consistent with their respective
laws, rules and regulations and multilateral MoUs to which both Parties are
Party to.
f) In case of research results obtained through joint activities under this MOU both
parties will apply as co-applicant for the protection of intellectual property rights
subject to exclusive rights of both the Parties to commercialize the technology
in their respective countries. Commercialization in any other country shall be
done jointly through a separate MoU.
ARTICLE 9
PROTECTION OF CONFIDENTIAL INFORMATION
a) All information and documents to be exchanged pursuant to the MOU will be
kept confidential by the Parties and will be used subject to such terms as each
Party may specify. The Parties will not share such information with third Parties
or use the information for purposes other than that specified, without the prior
written consent of the other Party.
c) Unpublished information, whether oral, in writing or otherwise, discovered or
conceived by the scientists or technicians and exchanged under the provisions
of this MOU will not be transmitted to a third party, unless otherwise agreed by
the Parties.
ARTICLE 10
SETTLEMENT OF DISPUTES
a) Any dispute between the Parties arising out of the interpretation or
implementation of this MoU shall be settled amicably through consultation or
negotiation between the Parties to the dispute.b) Activities pursuant to this MoU shall be governed and construed in accordance
with laws and regulations of the respective countries of the Parties where
activities are taking place.
ARTICLE 11
REVISION AND AMENDMENT
This MoU may be amended at any time by mutual written consent of the Parties
through an Exchange of Notes between the Parties through the diplomatic
channel.
ARTICLE 12
ENTRY INTO FORCE, DURATION AND TERMINATION
a) This MoU shall enter into force on the date of its signature thereof by the
“Parties.”
b) The MoU shall remain in force for a period of five (5) years.
c) Thereafter, it will be renewed for further period of five (5) years by mutual written
consent of the “Parties” unless terminated by either Party by giving six (6)
months written notice in advance to the other Party of its intention to terminate
this MoU through diplomatic channels.
d) The Parties may terminate this MoU at any time, having to communicate their
decision with an anticipation of six (6) months period in which the instrument will
continue to have effect until the effective date of its termination. The termination
of this MoU will not affect activities that are ongoing until that date, unless the
Parties decide otherwise.
IN WITNESS WHEREOF the undersigned, being duly authorized by their
respective Governments, have signed this Memorandum of Understanding.
Done at Santa Cruz de la Sierra, Bolivia on 29 day of March, 2019 in two
originals, each in the Hindi, Spanish and the English languages, all texts being
equally authentic. In case of divergence in interpretation, the English text shall
prevail.
MANDARAPU SUBBARAYUDU DIEGO PARY RODRIGUEZ
Ambassador of India Minister of Foreign Affairs