MEMORANDUM OF UNDERSTANDING BETWEEN THE MINISTRY
OF SCIENCE AND TECHNOLOGY OF THE PEOPLES REPUBLIC OF CHINA AND
THE DEPARTMENT OF TRADE AND INDUSTRY OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND ON SCIENTIFIC AND TECHNOLOGICAL
COLLABORATION IN ENERGY RESEARCH AND DEVELOPMENT
The Government of the People's Republic of China
and the Government of the United Kingdom of Great Britain and
Northern Ireland have decided to encourage and develop cooperation
in the fields of science and technology on the basis of equality
and mutual benefit, for the purpose of advancing friendly relations
and scientific and technological cooperation between the countries.
Subject to their respective laws and regulations,
the Government of the People's Republic of China and the Government
of the United Kingdom of Great Britain and Northern Ireland, or
the organisations or representatives designated by them, have
enjoyed many years of mutually rewarding cooperation in the fields
of fundamental and applied science and technology.
Most recently, on the 10th day of October 2001,
a Memorandum of Understanding (MOU) was signed to encourage cooperation
in the fields of cleaner coal technologies and renewable energy
The Department of Trade and Industry of the
United Kingdom `of Great Britain and Northern Ireland (UK DTI)
and the Ministry of Science and Technology of the People's Republic
of China (PRC MOST), hereinafter referred to as "the Participants",
wish to continue and build on the successful cooperation between
their respective countries in respect of matters relating to energy,
and to maximise the effectiveness of their programmes of energy
research and development.
The Participants recognise that sharing tasks,
facilities, scientific and technical information, costs and human
resources can enhance accomplishment of their objectives more
efficiently and cost-effectively.
The Participants have reached the following
The objective of the collaboration under this
MOU will be to continue, expand, and maximise cooperation in energy
research and development between the Participants. Collaboration
under this MOU will not preclude other bilateral or multilateral
cooperation activities in energy research and development in which
each Participant may take part.
1. Collaboration under this MOU may include,
but is not limited to, the following fields:
(c) hydrogen and fuel cells;
(d) waste-related management and the environment
(e) energy end-use technologies and techniques;
(f) research related to energy technologies,
systems, services, and policies.
2. Other collaborative fields may be added
by written arrangement of the Participants.
Forms of Collaborative Activities
1. Collaboration in accordance with this
MOU may include, but is not limited to, the following forms:
(a) Exchange of all forms of unclassified
scientific and technical information and results of research development;
(b) Exchange of scientists, engineers and
other specialists, including those from industry, for participation
in research, development, analysis, design and experimental activities
conducted in research centres, laboratories, engineering offices
and other facilities and enterprises of each Participant;
(c) Participation of facilities from each
Participant in the cooperative programmes and projects jointly
decided by the Participants;
(d) Cooperative programmes and projects in
which the Participants decide to share the work and costs.
(e) Organisation of seminars, workshops,
and other meetings on specific topics.
2. Other specific forms of cooperation may
be added by written arrangement of the Participants.
Understandings between the Collaborative Partners
When the Collaborative Partners (hereinafter
referred to as "the Partners") from the Participants
decide to undertake a form of cooperation set forth in Items a,
b, c and d of Section 3, the Partners will approve a separate
written understanding . Each understanding will be subject to
the provisions of this MOU, and will include detailed provisions
for carrying out the specified forms of cooperation and will cover
such matters as technical scope, protection and allocation of
intellectual property, exchange of business-confidential information,
management, total costs, cost sharing and schedule. Those activities
set forth in Item e of Section 3 will be carried out coon the
written approval of coordinators from each Participant.
1. The Participants will encourage and facilitate,
where appropriate, the development of direct contacts and cooperation
between government agencies universities, science and research
centres, institutes and institutions, private sector firms and
other entities of the Participants' two countries.
2. Scientists, technical experts, governmental
agencies and institutions of third countries (or regions) or international
organisations may be invited, by agreement of the Participants,
to participate, at their own expense unless the Participants otherwise
decide, in cooperative projects and programmes carried out under
Exchange of Personnel
1. Whenever a personnel exchange is contemplated
under this MOU, each Partner will ensure that qualified staff
are selected for assignment to the other Partner or its contractors.
2. Each such assignment will be the subject
of a separate written exchange arrangement between the Partners.
3. Each Partner will he responsible for
the salaries, insurance, and allowances to be paid its staff.
4. Each Partner will pay for the travel
and living expenses of its staff while on assignment to the host
Partner, unless otherwise decided in writing.
5. The host establishment will use its best
endeavours to arrange for comparable accommodation for the attached
staff and their families on a mutually acceptable reciprocal basis.
6. Each Partner will provide all necessary
assistance to the assigned staff (and their families) as regards
administrative formalities, such as travel arrangements and immigration
7. The attached staff of each Partner will
conform to the general and special rules of work and safety regulations
in force at the host establishment, or as decided in a separate
personnel exchange arrangement.
Intellectual Property; BusinessConfidential
The Participants do not anticipate the generation
of intellectual property from the activities under this MOU or
the exchange of business-confidential information. If the Partners
determine that a particular activity may lead to the creation
of intellectual property or the exchange of business-confidential
information, they will consult with each other and make appropriate
written arrangements for the protection and allocation of such
intellectual property and business- confidential information.
Each Partner decides that, unless jointly decided
in writing, in the event equipment is to be exchanged or supplied
by one Partner to the other, the following provisions will apply
covering the shipment and use of the equipment:
1. The sending Partner will supply as soon
as possible a detailed list of the equipment to be provided together
with the associated specifications and technical information documentation.
2. The equipment spare parts, and documentation
supplied by the sending Partner will remain the property of the
sending Partner and will be returned to the sending Partner upon
completion of the jointly decided activity unless otherwise agreed.
3. The host establishment will provide the
necessary premises and shelter for the equipment, and will provide
for electric power, water, gas and other utilities in accordance
with all technical requirements that will be jointly decided
4. Responsibility for expenses, safekeeping
and insurance during the transport of the material from the original
location in the country of the sending Partner to the place of
entry in the country of the receiving Partner will rest with the
sending Partner. If the sending Partner elects to have the material
returned, it will be responsible for expenses, safekeeping, and
insurance during the transport of the material from the original
point of entry in the country of the receiving Partner to the
final destination in the country of the sending Partner.
5. Responsibility for expenses, safekeeping
and insurance during the transport of the material from the place
of entry in the country of the receiving Partner to the final
destination in the country of the receiving Partner will rest
with he receiving Partner. If the sending Partner elects to have
the material returned, the receiving Partner will be responsible
for expenses, safekeeping and insurance during the transport of
the material from the final destination in the country of the
receiving Partner to the original point of entry in the country
of the receiving Partner.
6. The equipment provided by the sending
Partner for carrying out mutually arranged activities will be
considered to be scientific, not having a commercial character.
Samples and Materials
Unless otherwise decided in writing, the following
provisions will apply to the transportation and use of samples
and materials provided by one Partner to the other under this
1. Unless otherwise approved by the Partners,
all samples and materials provided by the sending Partner to the
receiving Partner will remain the property of the sending Partner,
and will be returned to the sending Partner upon completion of
the jointly approved activity.
2. Where one Partner requests that a sample
or material be provided by the other Partner, the Partner making
the request will bear all costs and expenses associated with the
transportation of the sample or material front the location of
the sending Partner to the final destination.
3. Subject to the provisions of Section
7, each Partner will promptly disclose to the other Partner all
information arising from the examination or testing of samples
or materials exchanged under this MOU.
Unless jointly approved in writing, any costs
arising from any direct collaboration between the Participants
will be borne by the Participant that incurs them.
1. To supervise the cooperation under this
MOU, each Participant will designate a Lead Coordinator. And each
Coordinator will designate an Executive Secretary. In addition,
where appropriate, the Participants will designate one or more
Experts responsible for collaboration in each of the fields listed
in Section 2 of this MOU.
2. The Lead Coordinators, Executive Secretaries
and relevant Experts will meet every other year, or as otherwise
jointly decided, for evaluation of the status of cooperation activities
within each of the fields listed in Section 2. The coordinating
meeting will be held alternately in the People's Republic of China
or the United Kingdom. The two Lead Coordinators will annually
exchange in written form a review of the past year's activities
and accomplishments and of the activities planned far the coming
year relating to the MOU. Where appropriate as jointly decided,
coordinating meetings will be held with participation of the Lead
Coordinators and the Executive Secretaries.
1. Cooperation under this MOU will he in
accordance with the laws and legislation of the Participants respective
2. Any disputes concerning the MOU will
be settled by arrangement of the Participants.
3. The MOU will come into operation upon
signature and will remain in effect for 10 (10) years. This MOU
supersedes the original Memorandum of Understanding signed on
the 10th day of October 2001, which is hereby terminated.
4. Either Participant may terminate this
MOU at anytime upon six (6) months advance written notice to the
other Participant. All joint efforts and experiments not completed
at the expiration of this MOU may be continued until their completion
under the terms of this MOU.
Signed in duplicate at the Department of Trade
and Industry, 1 Victoria Street, London, in the English and Chinese
languages, each Text having equal validity, this 15th day of November