MEMORANDUM OF UNDERSTANDING BETWEEN
THE DEPARTMENT OF AGRICULTURE OF THE UNITED STATES OF AMERICA
THE MINISTRY OF AGRICULTURE OF THE PEOPLE’S REPUBLIC OF CHINA
COOPERATION IN AGRICULTURE AND RELATED FIELDS
The Department of Agriculture of the United States of America ("USDA) and the Ministry of Agriculture of the People’s Republic of China (MOA), hereinafter the "Parties":
Noting the long and significant history of agricultural science and technology cooperation between the Parties that has supported advances in agricultural trade, agricultural productivity, food security, and sustainable natural resource management over the last quarter century;
Considering the increasing economic globalization affecting agricultural and food production and trade, China’s accession to the World Trade Organization, and the growing emphasis on science-based standards related to agricultural trade and technology, including biotechnology;
Seeking to enhance long-term cooperation between the United States and China in the field of agriculture, build stronger institutions and policies to integrate into world markets and promote trade that is regulated according to the principles of sound science;
Desiring to propose a new partnership for the 21st Century on agricultural cooperation founded on mutual benefit and equality between the Parties, within the purview of both Parties and in accordance with and subject to the Agreement between the Government of the United States of America and the Government of the People's Republic of China on Cooperation in Science and Technology (the "S&T Agreement"), signed at Washington on January 31, 1979, as extended and amended, for the purpose of promoting cooperation and collaboration in the field of agriculture science and technology,
Have agreed as follows:
The purpose of this Memorandum of Understanding ("MOU") is to promote the further development of bilateral cooperation in agriculture between the two countries.
Areas of Cooperation
1. The Parties will endeavor to collaborate on mutually agreed upon activities, within their purview, in the fields of science, trade promotion, and capacity-building that will promote cooperation in agriculture. Selected priority areas may include, but are not limited to the following:
a. Science issues, within the purview of the Parties, related to agriculture trade regulations;
b. Issues, within the purview of the Parties, relating to the implementation of regulations governing trade in agricultural goods;
c. Agricultural biotechnology;
d. Agricultural crop research;
e. Livestock, poultry and aquaculture production;
f. Food processing, transportation and marketing;
g. Natural resources and environmental protection; and
h. Other fields within the purview of and as mutually agreed by the Parties.
2. The Parties will, as may be mutually agreed, encourage and facilitate direct contacts
between groups from each country to work toward long-term cooperation in programs to promote trade, research, extension and training, and to identify potential joint activities provided the specific topic is within the purview of the Parties.
3. To generate broad interest and increased activities, the Parties will, as may be mutually agreed, involve other interested government agencies with their consent and the scientific and business communities of both countries in cooperative programs, trade capacity-building activities, and scientific cooperation and exchanges in the implementation of this MOU.
This MOU will serve as the framework for the Parties to discuss and coordinate matters related to agriculture and food, and to facilitate collaborative activities between the Parties in matters of science, technology, and trade. These collaborative activities shall be subject to the mutual agreement of the Parties and shall be described in, and subject to, individual plans of work delineating arrangements between participants that are specific for each activity. In general, cooperation will be effected through exchange of materials and information; exchange of scientists, specialists, and trainees; organization of symposia and workshops; and joint publication of studies and reports.
Joint Committee and High-Level Biotechnology Joint Working Group
1. The Parties hereby establish a Joint Committee on Cooperation in Agriculture (JCCA) which shall coordinate cooperation between the Parties in agricultural matters under their respective purviews. The JCCA will be co-chaired by the Secretary or an Under Secretary of Agriculture from USDA and by the Minister or a Vice Minister of Agriculture from MOA, or their designees. The co-chairs of the JCCA may determine, by mutual agreement, the remaining composition of the JCCA and the entities that may attend JCCA meetings. They may also establish additional committees or working groups as deemed necessary to effectively implement this MOU.
2. All existing working groups pertaining to agriculture established under previous arrangements between the Parties will be guided by the JCCA, including the Joint Working Group (JWG) comprised of government representatives from USDA and MOA.
3. Each Party shall designate a Liaison Secretary from the USDA at the Administrator level and from the MOA at the Director General level. The Liaison Secretaries shall be the points of contact for the JCCA and will supply administrative support for meetings of the JCCA.
4. The JCCA will meet at least once every two years alternately in the United States and China. Prior to the meetings the Parties shall agree upon an agenda. The Parties will endeavor to place items on the agenda which cover a wide range of agricultural issues within the purview of both Parties, such as technical exchange, informational exchange, scientific research, agricultural policy, and agricultural trade.
5. With regard to collaboration on agricultural biotechnology, the Parties hereby establish a High-Level Biotechnology Joint Working Group which shall be governed by the provisions of this MOU and Annex A, attached hereto and made a part of this MOU.
All cooperative activities under this MOU shall be subject to the availability of funds and human and other resources, and to the applicable laws and regulations of the Parties. Subject to the availability of such funds, each Party will be responsible for the costs of its own participation, including the cost of providing any appropriate insurance. Cooperative activities will be financed in accordance with the manner set forth in the individual work plans described in Article III.
Treatment of Intellectual Property
Intellectual property created or furnished, and business-confidential information exchanged, in the course of activities under this MOU shall be governed by the provisions of Annex I - Intellectual Property of the S & T Agreement.
Protection of Sensitive Technology
The Parties agree that no information or equipment requiring protection in the interest of national defense or foreign relations and classified in accordance with its applicable national laws and regulations shall be provided under this MOU. In the event that information or equipment which is known or believed to require such protection is identified in the course of cooperative activities pursuant to this MOU, it shall be brought immediately to the attention of the appropriate officials and the Parties shall consult to identify appropriate security measures to be agreed upon by the Parties in writing and applied to this information and equipment and shall, if appropriate, amend this MOU to incorporate such measures.
The transfer of unclassified export-controlled information or equipment between the Parties shall be in accordance with the relevant laws and regulations of each Party. If either Party deems it necessary, detailed provisions for the prevention of unauthorized transfer or retransfer of such information or equipment shall be incorporated into any project contracts. Export controlled information shall be marked to identify it as export controlled and identify any restrictions on further use or transfer.
Entry into Force, Amendments, Validity and Termination
This MOU shall enter into force upon signature of both Parties for a period of five (5) years. It may be amended or extended by mutual written agreement of the Parties. This MOU shall remain in force until terminated by either Party giving six months written notification through diplomatic channels to the other Party. Unless otherwise agreed, the termination of this MOU shall not affect the implementation of ongoing programs and activities that have been agreed upon while the same was in force.
Done at USDA Headquarters, Washington, DC in duplicate, this 25th day of August, 2003, in the English and Chinese languages, each text being equally authentic.
FOR THE DEPARTMENT OF AGRICULTURE OF THE UNITED STATES OF
(signed) Ann M. Veneman, Secretary of Agriculture
FOR THE MINISTRY OF AGRICULTURE OF THE PEOPLE'S REPUBLIC
(signed) Du Qinglin, Minister of Agriculture
USDA and MOA Participation In
High-Level Biotechnology Joint Working Group
During the visit of the Secretary of Agriculture of the United States of America to the People’s Republic of China in July 2002, the United States and China agreed to form a High-Level Biotechnology Joint Working Group as a forum to expand discussions on agricultural biotechnology and work cooperatively to address issues of mutual concern.
In accordance with Article IV of this MOU:
The Parties hereby agree to work with the relevant agencies in the United States and the relevant Ministries in China to engage the United States and China in high-level discussions on agricultural biotechnology through the High-Level Biotechnology Joint Working Group.
The High-Level Biotechnology Joint Working Group, comprised of representatives of various government agencies, will be co-chaired by officials designated by the Secretary of Agriculture for the United States, and by the Minister of Agriculture for China.
The Parties agree to convene meetings of the High-Level Biotechnology Joint Working Group at least two (2) times each year at a time and place of mutual choosing. Each Party shall be responsible for the costs of its own participation.