AGREEMENT

BETWEEN

THE GOVERNMENT OF 

THE  SLOVAK REPUBLIC 

AND THE GOVERNMENT 

OF THE REPUBLIC OF SOUTH AFRICA

ON

SCIENTIFIC AND TECHNOLOGICAL 

COOPERATION

The Government of the Slovak Republic and  the Government of South Africa  (hereinafter jointly referred to as the “Parties“and in the singular as a “Party”)  

Recognising the importance of international co-operation in science and technology for the development of the national economies and prosperity of both countries;

Desiring to encourage and promote the co-operation in the area of science and technology on the basis of equality and mutual benefit; 

Have agreed as follows:

ARTICLE 1

Objectives

(1)	The Parties shall develop and support co-operation in the fields of science and technology in accordance with the provisions of this Agreement and the domestic law in force in the Slovak Republic and the Republic of South Africa. 

(2)	The Parties shall encourage and support co-operation in science and technology through direct contact between scientific units, including units of higher education, research and development institutions and scientific associations of the public and private sectors of the two countries in conformity with the domestic law in force in respective countries.  

ARTICLE 2

Modalities of Cooperation

(1)	Under this Agreement co-operation in the field of science and technology shall comprise-

a)	joint scientific and technological, research and development projects in mutually agreed areas;
b)	exchange of scientists, specialists, researchers and experts;
c)	exchange of scientific and technological information, documentation, as well as laboratory samples and equipment in the context of co-operative activities;
d)	joint scientific conferences, symposiums, workshops, other meetings and exhibitions; and
e)	other forms of co-operation which can be mutually agreed upon by the Parties.

(2)	The Parties shall encourage contact and cooperation in the fields of science and technology between institutions of higher education in the two countries and shall encourage exchanges of academics and students for the promotion of science and technology which cooperation shall be in compliance with the domestic law in force in the two countries.

(3)	The Parties shall encourage collaboration in research and technical development between the respective Slovakian and  South African institutions. 

ARTICLE 3

Competent Authorities

The competent authorities responsible for the implementation of this Agreement shall be
 
a)	In the case of the Slovak Republic The Ministry of Education 
b)	In the case of the Republic of South Africa the Department of Science and Technology 

ARTICLE 4

Joint Committee on Scientific and Technological Cooperation

(1)	For the purpose of the implementation of this Agreement a  Joint Committee for Co-operation in the field of Science and Technology (hereinafter referred to as „the Joint Committee“) shall be established, consisting of an appropriate number of representatives from the competent authorities responsible for the implementation of this Agreement. 

(2)	The Joint Committee shall meet at least once in two years, unless otherwise agreed between the Parties alternately in the Slovak Republic or South Africa on mutually convenient dates.

(3)	The Joint Committee shall formulate its regulations for the implementation of this Agreement at its first meeting.

(4)	The Joint Committee shall

a)	agree on areas of co-operation;
b)	create favourable conditions for the implementation of this Agreement;
c)	facilitate and support the implementation of joint programmes and projects to achieve the objectives of this Agreement;
d)	exchange experiences arising from the bilateral scientific and technological co-operation and evaluation of proposals for further development of the co-operation between the Parties;
e)	negotiate and agree on programmes and the progress with regard to the implementation of this Agreement; 
f)	develop Protocols presenting results of scientific, technological and educational co-operation under this Agreement.

ARTICLE 5

Implementing Agreements and Protocols

(1)	The Parties shall promote in terms of the framework of this Agreement scientific and technological cooperation between their respective government agencies, enterprises, research institutions, universities and other research and development organisations (hereinafter referred to as “cooperating entities”) which may include the signing of implementing agreements or protocols 

(2)	The agreements and protocols referred to in sub-Article (1) shall be signed and implemented in accordance with the domestic law in force in their countries, as well as their international obligations.

(3)	The implementing agreements and protocols referred to in sub-Article (1) shall include programmes of cooperation, compiled biennially or in another agreed period, setting out the details of cooperative activities.

ARTICLE 6

Financial Matters

(1)	Unless the Parties otherwise agree, the expenses incurred in transferring personnel referred  to in Article 2 (1) (b) resulting from the implementation of programmes and projects contemplated in Article 2 shall be covered on the following basis:

a)	The Sending Party shall cover the round-trip international transportation costs between the capitals of the countries, or, if more convenient, between the sites of sending and hosting institutions. 

b)	The Receiving Party shall cover within its territory the costs of lodging, and local transportation or such costs as are mutually agreed upon in writing.  

ARTICLE 7

Assistance and Facilities

The personnel sent to the country of one Party by the other Party, as well as the personnel mentioned in the Article 12 shall be subject to the domestic law in force in the receiving country. 

ARTICLE 8

Equipment and Apparatus

(1)	The terms and conditions for the delivery of the equipment required for joint research instituted in furtherance of this Agreement shall be agreed upon, in writing, either between the Parties or between the co-operating entities, as applicable in each individual case. 

(2)	The delivery of equipment and apparatus from one country to the other in the course of the implementation of this Agreement shall be affected in accordance with the terms agreed upon between the Parties.  

ARTICLE 9

Exchange of Information

The Parties shall promote cooperation among scientific libraries, centres of scientific and technological information, universities and scientific institutions for the exchange of books, periodicals and bibliographies, including the exchange of information and fulltext documents by means of electronic information and communications networks.  

ARTICLE 10

Intellectual Property Rights

(1)	The treatment of intellectual property rights arising from the co-operative activities under this Agreement shall be regulated by the implementing arrangements between the co-operating organisations in which adequate and efficient intellectual property protection shall be guaranteed according to the international standards concerning intellectual property law, as well as the domestic law in force in the countries of the Parties.

(2)	Scientific, technological and educational information derived from the co-operation under this Agreement shall be the property of the co-operating entities and may be made available to a third party, unless otherwise agreed in writing by the co-operating entities.  

ARTICLE 11

Medical Matters

The Sending Party or cooperating entities shall ensure that all personnel visiting the country 
of the other contracting Party within the ambit of this Agreement have health insurance for 
covering of medical expenses concerning medical treatment.

ARTICLE 12

Third Parties

Scientists, experts and institutions of third countries or international organisations may be invited, upon consent of the co-operating entities, to participate in projects and programmes carried out under this Agreement. The cost of such participation shall normally be covered by the interested institutions of a third country unless the competent authorities responsible for the implementation of this Agreement agree otherwise in writing.

ARTICLE 13

Amendment of Agreement

This Agreement may be amended by mutual consent of the Parties through an Exchange of Notes between the Parties through the diplomatic channel.

ARTICLE 14

Other International Agreements 

This Agreement shall not affect the rights and obligations arising from other international agreements concluded by either Party.

ARTICLE 15

Entry into Force and Termination

(1)	Each Party shall notify the other in writing through the diplomatic channel of its compliance with t he constitutional requirements necessary for the implementation of this Agreement. The Agreement shall enter into force on the ninetieth (90) day after the last notification 

(2)	This Agreement shall remain in force for a period of five years after which it shall be evaluated and a recommendation shall be made with regard to the continuation of the cooperation for another period of five years by mutual agreement between the Parties. 

(3)	This  Agreement may be terminated by either Party giving six months written notice in advance through the diplomatic channel of its intention to terminate this Agreement.  

(4)	The termination of this Agreement shall not affect the projects or programmes undertaken under this Agreement, which have been not fully executed at the time of the termination of this Agreement.

ARTICLE 16

Settlement of Disputes

Any dispute arising out of interpretation or implementation of this Agreement shall be settled amicably through consultation or negotiation between the Parties.

IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed and sealed this Agreement in two originals in the Slovak and English languages, all texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.

Done  at    ........................... on this ........................... day of ……………..2006 

For the Government                       	                                                          For the Government  
of the Slovak Republic                                                               of the Republic of South Africa