Memorandum of Understanding Concerning Communication and cooperation of training in the area of Capacity Building of Public Officials.
06/30/2014

With the support of the Department of Personnel and Training, Government of the Republic of India and Bureau of Senior Officials’ Training, The Organization Department of the Communist Party of China Central Committee, the Lal Bahadur Shastri National Academy of Administration of the Republic of India (hereinafter referred to as LBSNAA) and the China Executive Leadership Academy Pudong of the People’s Republic of China (hereinafter referred to as CELAP), both of them hereinafter singularly referred to as “the Party” and collectively referred to as “the Parties”;

DESIRING to enhance understanding and friendship by promoting exchange and cooperation in the area of capacity building of public officials; INTENDING to strengthen communication and cooperation of training between the Parties through sharing experiences, best practices and knowledge in the area of capacity building of public officials; RECOGNIZING the need to share value of international cooperation and have agreed to further continue their common interests in promoting the mutual cooperation in the area of capacity building of public officials; CONSIDERING the strong, solid and progressing relations between the Republic of India and the People’s Republic of China; PURSUANT to the prevailing laws and regulations in their respective countries, HAVE reached the following understanding:

Article 1 Objective

The objective of this Memorandum of Understanding hereinafter referred to as the “MoU” is to establish framework for cooperative institutional relations to encourage and promote cooperation in the area of the capacity building of the public officials.

Article 2 Areas of co-operation

The Parties will endeavor to carry out the following exchanges and cooperative activities under this MoU which consist of:

1. The exchange of working or study visits to share experiences and ideas;
2. The organization of customized capacity building programmes in the area of public governance and leadership, public administration, and public service development for public officials of the Republic of India and the People’s Republic of China;
3. The organization of joint courses, workshops, forums, seminars in areas of interest to both Parties;
4. Joint participation in research activities of common interest in the field of public administration;
5. Exchange of best practices in the area of training and development in the public service; and
6. Any other exchanges and cooperative activities that may be jointly decided upon by the Parties.

Article 3 Implementation

1. The Parties shall hold periodical consultations or onsite visits before establishment of programs as deemed necessary for implementing this MoU.
2. For the implementation of this MoU, the Parties shall designate nodal points within one month of the entry into force of this MoU to draw up the procedures, plan and recommended programmes of cooperation with a view to achieving the objective of the programmes.
3. Specific details of procedures and programmes for exchange and cooperative activities will be decided in a manner to be separately agreed upon by the Parties.

Article 4 Financial Arrangements

1. The financial arrangements of the above mentioned programmes and other mutually agreed programmes made under this MoU shall be determined by the Parties on a case-by-case basis subject to the availability of funds.
2. In specific cases, and according to the nature of the cooperation to be carried on, other financial measures can be implemented to ensure proper implementation subject to the agreement of the Parties.

Article 5 Intellectual Property Rights

1. Each Party shall protect, within its territory, intellectual property rights of the other party in accordance with national laws in force of their respective countries;
2. The Parties shall ensure appropriate and efficient protection of intellectual property rights obtained on the basis of this MoU, in accordance with national laws and regulations in force in their respective countries and in accordance with the international agreements to which they are Parties.

Article 6 Limitation of Activities

1. Each Party shall take reasonable measures to make sure that its personnel engages in the activities under this MoU respecting political independence, sovereignty, and territorial integrity of the host country and shall act within the scope of this MoU.
2. Each Party shall not reveal the contents of programs and activities under the framework of this MoU, unless mutually agreed by the Parties.

Article 7 Settlement of Differences

Any differences arising out of the interpretation, application or implementation of this MoU shall be settled amicably through consultations and negotiations between the Parties.

Article 8 Amendment

This MoU can be reviewed or amended at any time by mutual written consent of the Parties. Such reviews or amendments shall enter into force on such date as maybe determined by the Parties and shall form an integral part of this MoU.

Article 9 Entry into Force, Duration, and Termination

1. This MoU shall enter into force on the date of its signing;
2. This MoU shall remain into force for a period of 3 (three) years and thereafter it will be renewable with the mutual written consent of the Parties;
3. Either Party may terminate this MoU at any time by giving written notification at least 3 (three) months prior to the intended date of termination;
4. The Termination of this MoU shall not affect the validity and duration of any on-going programmes or activities made prior to the termination of this MoU until the completion of such programmes or activities.

IN WITNESS WHEREOF, the undersigned being duly authorized hereto, have signed this MoU.

Signed at Beijing on 30thJune 2014 in two originals, each in the Chinese, Hindi and English languages, all texts being equally authentic.