State Administration of Foreign Experts Affairs, People's Republic of China

Flag: China

Cooperative Arrangement Between the Department of Agriculture and Agri-Food of Canada, the State Administration of Foreign Experts Affairs, People's Republic of China, the Baicheng Academy of Agricultural Sciences, Jilin Province, People's Republic of China, and The Jilin Provincial Oat Engineering Research Centre, Jilin Province, People's Republic of China, for the Development of a China-Canada Science and Innovation Centre on Oats

Whereas the Department of Agriculture and Agri-Food of Canada ("AAFC"), a Canadian federal department, is applying its science and innovation resources in order to achieve world leadership in environmentally responsible agricultural production, in food safety and food quality, in global consumer confidence and in increased profitability and growth through new economic opportunities and enhanced investor confidence;

Whereas the State Administration of Foreign Experts Affairs, People's Republic of China ("SAFEA"), which has been supporting the Canada-China oat cooperative project since 1997, is responsible for the administration of experts from abroad, and from the Hong Kong SAR, the Macao SAR, and the Taiwan region in various fields, and is also in charge of sending Chinese technical and managerial professionals from government departments and enterprises for overseas training;

Whereas the Baicheng Academy of Agricultural Sciences, Jilin Province, People's Republic of China ("BAAS"), a regional agricultural academy of China, works towards advancing science and technology for sustainable agricultural development of arid and semi-arid areas, and is seeking further scientific cooperation with Agriculture & Agri-Food Canada in oat research program;

Whereas the Jilin Provincial Oat Engineering Research Centre, Jilin Province, People's Republic of China ("JERCO") is an institute of the BAAS involved in oat development, and related areas including in dairy, livestock, grassland ecology and processing. It has the mandate to implement a Canada-China oat cooperative project;

Whereas AAFC and SAFEA signed an Memorandum of Cooperation for the exchange of scientific and technical personnel on October 12, 2005 to work together to develop joint projects in specific sectors of common interest through the exchange of personnel and professionals;

Whereas AAFC and BAAS signed an Academic Exchange Arrangement on November 5, 2006, to encourage further scientific and academic collaboration between them;

And whereas AAFC, SAFEA, BAAS and JERCO, hereinafter referred to as the "Participants", have a common interest in research, training, technology transfer and the future development of the agriculture and food industry for both countries;

Now therefore, based on principles of trust, equality and mutual benefits, the Participants have come to the following understanding:

1. Objective

The objective of this Cooperative Arrangement is to develop a platform for cooperation called the China-Canada Science and Innovation Centre on Oats, to facilitate the cooperation between the Participants in the sectors of agriculture and agri-food science and technology.

2. Priority Areas

The areas of activities will include the following:

  1. Breeding of new variety of oats;
  2. Breeding technologies and agronomic management of oats;
  3. Oat forage harvest, storage and animal feeding;
  4. Oat processing and food product development;
  5. Agricultural ecology and environmental protection;
  6. Related sustainable agriculture development.

3. Forms of Cooperation

The Participants of this Cooperative Arrangement envisage the following forms of cooperation on oats:

  1. Exchange of research personnel;
  2. Development of joint research projects;
  3. Organizations of joint scientific workshops;
  4. Promotion of field agricultural demonstration to develop and scale new agronomic technologies and sustainable agricultural practices.

4. Implementation and Coordination

  1. Prior to carrying out specific activities falling within the scope of this Cooperative Arrangement, the China-Canada Science and Innovation Centre on Oats along with the relevant authorities of the Participants, will prepare a project plan with regard to that specific activity.
  2. Unless otherwise provided in the project plan, each of the Participants will bear their costs of its participation. Each project plan will be subject to the availability of funds, resources and personnel of each of Participants and all activities will be conducted in accordance with the laws, statutes, regulations and policies of the Participants' respective countries.
  3. Each project plan will be coordinated by the China-Canada Science and Innovation Centre on Oats and signed according to the respective policies of the Participants. The signing authority for each of the Participants will keep the China-Canada Science and Innovation Centre on Oats informed of the progress and results of each cooperative activity.
  4. The China-Canada Science and Innovation Centre on Oats secretariat will develop work plans and prepare an annual report to the Participants. The responsibility of the Participants will be as follows: AAFC will provide expertise and encourage its researchers to participate in joint activities. The participation will be approved based on availability of funds and at the discretion of AAFC. SAFEA will provide funding for projects submitted by the China-Canada Science and Innovation Centre on Oats. Approval will be determined by SAFEA based on funding availability and after review of the proposals. BAAS will provide resources needed by JERCO according as per their authority and approval process. JERCO will provide a Director, the secretariat and the physical resources.

5. Intellectual Property

There will be no commercial intellectual property resulting from the cooperation under this Cooperative Arrangement. Should the Participants foresee that activities within the scope of this Cooperative Arrangement may lead to the creation of commercial intellectual property, the Participants will decide in advance, as to the ownership of any intellectual property rights and any other provisions relative to those rights. Ownership of those rights will be reflected in an intellectual property agreement signed by the relevant authorities of the Participants.

6. Coming into Effect and Duration

  1. This Cooperative Arrangement will come into effect on the date of the last signature and will remain in effect for a period of four (4) years. It may be extended upon mutual written consent of the Participants.
  2. This Cooperative Arrangement may be amended at any time by mutual written consent of the Participants.
  3. Any Participant may terminate this Cooperative Arrangement by giving the other Participants a written notice, ninety (90) days in advance, of its decision to terminate this Cooperative Arrangement. Termination will not affect activities already the subject of a written agreement between the Participants and already underway at the time of termination.

7. Interpretation and conflict resolution

It is the intention of the Participants that this Cooperative Arrangement should not create any legally binding obligations under international law or under the Participants' domestic law. Nothing in this Cooperative Arrangement modifies any arrangement or any other bilateral or reciprocal arrangement that the Participants may have. Any misunderstanding or difference arising out of the interpretation or application of this Cooperative Arrangement will be settled amicably by the Participants through consultation or negotiation and no court will have jurisdiction.

Signed in quadruplicate in Baicheng on the 20th day of June 2007, in the English, Chinese and French languages, each version being equally valid.

For the Department of Agriculture and Agri-Food of Canada

Dr. Yvon Martel
Chief Scientist, International

For the State Administration of Foreign Experts Affairs, People's Republic of China

Ms. Bing Li
Deputy General Director

For the Baicheng Academy of Agricultural Sciences, Jilin Province, People's Republic of China

Mr. Xianbo Gao
President

For the Jilin Provincial Oat Engineering Research Centre, Jilin Province, People's Republic of China

Mr. Changzhong Ren
Director