Indo-US Science and Technology Agreement

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA ON THE INDO-US SCIENCE & TECHNOLOGY FORUM

The Government of the Republic of India and the Government of the United States of America recognize the significant historical contributions and future potential of Indo-US Collaboration in Science & Technology. Nearly forty years of bilateral cooperation in the pursuit of scientific excellence and research achievement have led to progress across a broad range of scientific fields addressing some of the most pressing global concerns and have contributed to human development and economic growth.

The Government of Republic of India and the Government of the United States of America (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.

ARTICLE I
The Purpose of the Forum

The two parties agree to establish the Indo-US Science and Technology Forum (the "Forum") which shall facilitate and promote the interaction, in India and the United States, of government, academia, and industry in science, technology and other areas addressed by its predecessor, the US-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 the USIF.

ARTICLE II
Forum Activities

• 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.
  

• The Forum shall provide a medium for reporting on the status of existing co-operative activities and for dissemination of Governing Body guidance and deliberations.
  

• The Forum shall commission studies, reports and papers and would assist in facilitating and promoting joint collaboration of projects.
  

• The Forum shall seek recognition and affiliation with other international scientific societies deemed beneficial to promoting the goals of the Forum.
  

• 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 regulation.
  

ARTICLE III
The Governing Body

• 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.
  

• 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 Indian and U.S. 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.
  

• The Governing Body shall meet at least once a year.
  

• 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.
  

• 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.
  

• Except as provided in paragraph 7 below, the terms of service for the Governing Body members shall be three years.
  

• The Governing Body shall be composed of seven members from India and seven from the United States. 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.
  

• 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.
  

ARTICLE IV
Administration of the Forum

• 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.
  

• The Executive Director shall be responsible for scientific, administrative, 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 of the Forum

• 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.
  

• The Forum shall manage this endowment and use the annual interest earnings to support its operations and activities.
  

• Each year, the Government of India shall provide the Forum with matching funds that are equal to the annual interest earnings from the endowment.
  

• 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

• 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.
  

• 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

• Activities under this Agreement shall subject to the laws and regulations in each country and the availability of funds.
  

• 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

• The Forum shall be established upon signature of this Agreement.
  

• 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.
  

• This Agreement may be amended by mutual written agreement by the Parties.
  

Done at New Delhi, March 21, 2000, in two originals, in the Hindi and English Languages. In the case of divergence between the two language texts, the English language text shall prevail.

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