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Memorandum of understanding between the Government of Canada and the Government of the Kingdom of Sweden on science and technology cooperation

THE GOVERNMENT OF CANADA (Canada) and THE GOVERNMENT OF THE KINGDOM OF SWEDEN (Sweden), hereinafter referred to as "the Participants",

CONSIDERING the importance of science and technology for their economic and social development;

RECOGNIZING that they are pursuing research and technological activities in a number of areas of common interest, and that participation in each other’s research and development activities on a basis of reciprocity will provide mutual benefits;

DESIRING to establish a formal basis for cooperation in scientific and technological research which will extend and strengthen the conduct of cooperative activities in areas of common interest and encourage the application of the results of such cooperation to their economic and social benefit;

HAVE COME to the following understanding:

1. PURPOSE

The Participants will encourage, develop and facilitate cooperative activities in fields of common interest where they are pursuing research and development activities in science and technology.

2. DEFINITIONS

For the purposes of this MOU:

  1. “Cooperative activity” means any activity which the Participants carry out or support pursuant to this MOU;
  2. “Information” means scientific or technical data, results or methods of research and development stemming from cooperative activities, and any other data relating to cooperative activities;
  3. “Scientific or technological entity” means any individual or entity, including, inter alia, the Participants’ scientific and technological organizations and agencies, undertakings, research centres, universities and colleges, subsidiaries of Swedish and Canadian entities, or any other legal entity involved in cooperative activities; and
  4. “Science” will include all fields of research.

3. PRINCIPLES

The Participants will conduct cooperative activities on the basis of the following principles:

  1. Mutual benefit based on an overall balance of advantages;
  2. Reciprocal opportunities to engage in cooperative activities;
  3. Equitable and fair treatment for the scientific or technological entities; and
  4. Timely exchange of information which may affect cooperative activities.

4. AREAS OF COOPERATIVE ACTIVITIES

  1. The Participants will give priority to collaboration that can advance common goals in science and technological research.
  2. The Participants may jointly pursue cooperative activities with third parties.

5. FORMS OF COOPERATIVE ACTIVITIES

  1. Subject to applicable laws, regulations and policies, the Participants will foster, to the fullest extent practicable, the involvement of scientific or technological entities in cooperative activities under this MOU with a view to providing comparable opportunities for participation in their scientific and technological research and development activities.
  2. Cooperative Activities may take the following forms:
    1. coordinated research projects;
    2. joint task forces;
    3. joint studies;
    4. joint organization of scientific seminars, conferences, symposia and workshops;
    5. training of scientists and technical experts;
    6. exchanges or sharing of equipment and materials;
    7. visits and exchanges of scientists, engineers or other appropriate personnel;
    8. exchanges of scientific and technological information as well as information on practices, laws, regulations and programs relevant to cooperation under this MOU.

6. COORDINATION, FACILITATION AND IMPLEMENTATION OF COOPERATIVE ACTIVITIES

  1. The Government of the Kingdom of Sweden designates the Ministry of Education and Research to coordinate and facilitate the cooperative activities under this MOU on its behalf and the Government of Canada designates the Department for Foreign Affairs and International Trade to coordinate and facilitate the cooperative activities under this MOU on its behalf.
  2. The Participants or their duly authorized representatives will meet regularly to decide which common goals should be given priority and periodically review cooperative activities under this MOU.
  3. Upon request of either Participant, representatives of the Participants will meet to consider matters related to the implementation of this MOU. Groups of experts may be designated to discuss specific questions.
  4. Each Participant will designate a national contact person to maintain contacts between meetings.
  5. Each Participant will also designate a national contact person for the notification and approval of requests for authorization for access to the waters under national jurisdiction for the purpose of scientific research, and will treat those requests with diligence, taking into account the significance of these activities to the advancement of scientific knowledge.
  6. Implementing arrangements setting forth the details and procedures of specific cooperative activities under this MOU may be made between the two Participants. These arrangements will describe, as appropriate, the nature and the duration of cooperation for a specific area or purpose, funding, allocation of costs, and other relevant matters. The implementing arrangements should make a reference to this MOU. Any arrangements deviating from any of the provisions in this MOU, including the annex, will be concluded in writing.

7. FUNDING AND LEGAL CONSIDERATIONS

  1. Cooperative activities will be subject to the availability of appropriated funds, resources, and personnel and to the applicable laws and regulations, policies and programs of Sweden and Canada.
  2. Unless otherwise provided for in an implementing arrangement, each Participant will bear the costs of its participation and that of its personnel engaged in cooperative activities under this MOU.
  3. This MOU does not create legally binding commitments between the Participants in either domestic or international legislation.

8. ENTRY OF PERSONNEL AND EQUIPMENT

Each Participant will take all reasonable steps and use its best efforts, within applicable laws and regulations, to facilitate entry to and exit from its territory of persons, material, data and equipment involved in or used in cooperative activities under this MOU.

9. OTHER MOU’S AND TRANSITIONAL PROVISIONS

  1. The Participants will endeavour, where appropriate, to bring under the terms of this MOU new arrangements that facilitate scientific and technological cooperation between the Participants that fall under the scope of paragraph 4.
  2. This MOU is without prejudice to commitments under other MOU’s between the Participants and any MOU or arrangement between either of the Participants and any third parties.

10. DIFFERENCES

The Participants will resolve all questions or difference in the interpretation and the application of this MOU through negotiations.

11. ENTRY INTO EFFECT AND TERMINATION

  1. This MOU will enter into effect on the date of its signature by the Participants.
  2. Either Participant may terminate this MOU at any time by giving a six months’ written notice to the other Participant. The expiration or termination of this MOU will not affect the validity or duration of any arrangements made under it.
  3. The Participants may amend this MOU upon their written consent.

SIGNED in duplicate at Stockholm, this 3rd day of May 2010, in the English, French, and Swedish languages, each version being equally valid.

FOR THE GOVERNMENT OF CANADA

________________________________

FOR THE GOVERNMENT OF THE KINGDOM OF SWEDEN

_________________________________

ANNEX

Protection of Information

  1. (a) Unless otherwise decided in relevant implementing arrangements, the Participants will not provide under this MOU information or equipment requiring protection in the interests of national defense or foreign relations of either Participant and classified in accordance with the applicable national laws and regulations.
    (b) In the event that information or equipment which is known or believed to require such protection is identified in the course of cooperative activities carried out pursuant to this MOU, the Participants will bring it immediately to the attention of the appropriate officials of the other Participant and will consult with the other Participant concerning the need for and level of appropriate protection to be accorded such information or equipment.

Technology Transfer

  1. The Participants will transfer export-controlled information or equipment between the two countries in accordance with the relevant laws and regulations of each Participant to prevent the unauthorized transfer or retransfer of such information or equipment provided or produced under this MOU. If either Participant deems necessary, detailed provisions for the prevention of unauthorized transfer or retransfer of such information or equipment will be incorporated into the contracts or implementing arrangements.
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