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PROTOCOL BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE [1971] INTSer 3

PROTOCOL BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF THE GERMAN DEMOCRATIC REPUBLIC ON SCIENTIFIC AND TECHNICAL CO-OPERATION

New Delhi, 2 February 1971

The Government of INDIA
AND

The Government of the GERMAN DEMOCRATIC REPUBLIC
(Hereinafter called “the Parties”).

IN RECOGNITION of the existing friendly relations between and the German Democratic Republic,

AND INSPIRED by the Common intention to establish and promote closer relations in matters pertaining to scientific and technical co-operation both in commercial and non-commercial fields.

HAVE agreed as follows:

Article I

The two Parties shall, subject to the laws, rules and regulations in force from time to time in the respective countries, co-operate with each other in order to promote mutually beneficial forms of scientific and technical co-operation corresponding to the possibilities and requirements of both countries.

Article II
The objectives set forth in Article I shall be sought to be achieved by the two Parties by encouraging and assisting in :

(a) exchange of experts and advisers, scientists. Technicians and instructors (hereinafter called “experts”) in science and technology related to various fields of national economy:

(b) exchange of information and experience and mutual consultations in the fields of planning, industry, agriculture, commerce (such as market research, foreign trade) and technical training etc.

(c) conduct of joint investigations of mutual interest in the said fields;

(d) co-operation in the fields of research, design and development;

(e) establishment of mutual relations between scientific, technical and technology organizations of both countries in specific fields;

(f) making available to each other scientific equipment technical documentation, literature, books periodicals. Bibliographies, micro-films, photocopies and other necessary material for scientific research and in particular co-operation on a mutually reciprocal basis among the concerned libraries. Information and documentation centres and other scientific and technical institutions of the two countries;

(g) granting specialized professional or technical training or continuing training for citizens of one country (hereinafter called ‘trainees”) in enterprises and institutions of the other country, excepting those falling within the scope of cultural exchanges between the two countries;

(h) co-operation in the establishment of training and research centres by providing teaching and visual aids for the training institutions and by providing such items of equipment, which are required for the work of these centres; and

(i) organization of exhibitions, expositions and seminars on a mutually reciprocal basis on subjects connected with scientific, technical and commercial co-operation.

Article III

Both Parties agree to promote scientific and technical co-operation in such fields and projects as are conducive to the further growth of exchange of goods between the two countries as well as their exports to third countries, particularly through product, development and adaptation.

1. In furtherance of intentions contained in Article II (f) of the Protocol signed on 2 February, 1971 a second protocol was signed on 23 June 1971 at New Delhi regarding apparatus for measuring the ionosphere absorption of electromagnetic waves.

8 INDIA Bilateral Treaties and Agreements, Volume 7

Article IV

The details, scope, specific fields and the form of co-operation and mutual assistance as envisaged in Article II shall be discussed periodically by the two Parties and shall be laid down in supplementary protocols,

Both Parties shall also designate reciprocally the competent institutions that will be in charge of implementing the arrangements so finalized for specify fields concerning the,.

Article V
The detailed terms and conditions governing the assignment of individual experts and trainees from one country to the other shall in each case be agreed upon between the authorities designated by the two Parties under this Protocol and incorporated in relevant contracts or other documents. The two Parties agree that the model terms and conditions, To be negotiated separately, may serve as a pattern therefor.

Article VI

Each Party shall, with due regard to the laws and regulations in force in its territory, grand citizens of the other country to be delegated under this Protocol all the necessary facilities concerning participation in cultural and social activities.

Article VII

In respect of any damage to a third party caused by an expert in connection with the execution of a task assigned to him under the present Protocol, the Government of the receiving country shall be liable in his place,. Any claim against the expert shall to that extent be precluded.

Article VIII

Experts of either country delegated to the other country in terms of this Protocol, shall be exempted by the respective Governments from payment of income tax on the salaries and allowances paid to them by their respective Governments.

Article IX

Conditions governing exemption from payment of customs duties by experts on personal effects and professional equipment imported for use during their assignment in the receiving country will be in accordance with the model terms and conditions, referred to in Article V above

Article X

All payments under this Protocol shall be make according to the stipulations laid down in the valid Trade and Payments Agreement between the German Democratic Republic and India.

Article XI

Each Party guarantees that the results derived from co-operation under this Protocol as well as the documents and information exchanged for the implementation of this Protocol shall not be passed on or made known to third parties without the previous consent of the competent institutions of the country supplying the information.

Article XII

The persons of one country delegated to the other country shall be obliged to respect the laws and regulation of the receiving country and not to interfere in its internal affairs.

Article XIII

Alternations of or supplements to this Protocol may be agreed upon only in writing between the two Parties.

Article XIV

This Protocol shall come into force with effect from the date on which it is signed and shall be valid upto the 31ST December 1975. Thereafter, it shall be automatically extended for a period of one year at a time unless one of the Parties gives notice, in writing, of its intention to terminate the Protocol three months in advance

INDIA Bilateral Treaties and Agreements. Volume 7

DONE in New Delhi on 2nd February, 1971, in two originals, in the English language, both texts being equally authentic.

Sd /- Sd /-L.N.MISHRA HORST SOELLE
For the Government of the India For the Government of the
German Democratic Republic

SUPPLEMENTARY PROTOCOL
Berlin, 20 June 1972.

Guided by the desire to further deepen the friendly relations existing between India and the German Democratic Republic and with a view to developing and promoting scientific and technical cooperation between the two countries and in pursuance of Articles III and IV of the Protocol on Scientific and Technical Cooperation between the Government of India and the Government of the German Democratic Republic signed on the second of February nineteen hundred and seventy one, the Government of India and the Government of the German Democratic Republic (hereinafter called the Parties) agree to the following Supplementary Protocol:

Article I

The Government of India designates the Department of Science and Technology, Government of India and the Government of the German Democratic Republic designates the Ministry of Science and Technology as the competent institutions respectively in charge of implementing the programme of cooperation in the fields and projects mentioned in this Supplementary Protocol on agreed terms.

Article II

The Ministry of Science and Technology of the German Democratic Republic and the Department of Science and Technology, Government of India shall exchange information and experience on matters of management, planning and organization of scientific and technical research in both countries and on the way they are related to the needs of economic development, especially concerning questions relating to the transfer of scientific results into industrial practice and improvement of efficiency of production processes.

Article III

The Parties shall develop their scientific and technical cooperation further and assist in the direct cooperation of institutions of both countries in scientific and technical fields of mutual interest.

Article IV

For promoting the exchange of information in selected fields of science and technology, the Indian National Scientific Documentation Center (INSDOC) and the Central Institute for Information and Documentation of the German Democratic Republic (ZIID) shall enter into an arrangement on direct cooperation.

Article V

The scientific and technological cooperation between the two parties under this Supplementary Protocol shall be in the following specific fields :

Field of Cooperation Mode of Cooperation Agency GDR Responsible in India
(a) Metrology Advanced training for one or two Indian Scientists in the fields of metrological tests and metrological research and development German Board for Measuring and goods testing Council of Scientific and Industrial Research National physical Laboratory
(b) Mathematics Statistics (for solving special problems of mutual interest in the field of linear statistical methods (1) Deputation of one Indian scientist of the Indian Statistical Institute for 6 to 12 months in 1973; German Academy of Sciences at Berlin, Central Institute for Mathematics & Mechanics Indian Statistical Institute
(2) Visit of one GDR scientist for 3 to 6 months in 1974;
(3) Participation of scientists of Indian Statistical Institute in the Summer Courses of the Central Institute for Mathematics & Mechanics in 1974 to 1975.
(4) Exchange of preprints, manuscripts, periodicals etc.
(c) Chemistry (1) Advanced training for Indian scientists in GDR research institutions in selected fields of organic chemistry to be mutually identified and specified; German academy of Sciences at Berlin, Institute for Organic Chemistry Council of Scientific and Industrial Research
(2) Exchange of experiences and cooperation on the preparation and characterization of surface active substances and detergents from petroleum products and vegerable raw materials.
(3) Exchange of information material and publications on special questions and problems in selected fields of organic chemistry.
(d) Cosmic Physics (1) Methodical and technical consultations and data exchange regarding absorption measurements in the short wave range in the ionosphere. German Academy of Sciences at Berlin Central Institute for Solar Terrestrial physics Gujrat University Physics Department
(2) Relativistic astrophysics and theory of gravitation and training of an Indian scientist
(3) Exchange of preprints and publications
(e) Sciences of nutrition Exchange of experience in the fields of toxicology of herbicides, insecticides and other agricultural chemicals food-borne toxins based on carcinogenic hydrocarbons German Academy of Sciences at Berlin Central Institute, Institute for Nutrition Industrial Toxicology Research Centre, Lucknow / Indian Cancer Research Centre, Bombay
(f) Medicine Exchange of experience on -investigation into the relationship between living habits and susceptibility to cancer
-tests carried out on strains of mice which are highly sensitive to weak carcinogenic substances
German Academy of Sciences at Berlin Central Institute for Nutrition Industrial Toxicology Research Centre, Lucknow / Indian Cancer Research Centre, Bombay

Article VI

(a) The Parties agree to the exchange of information, periodical publications, and any publications on special problem, and experts if necessary between the following institutions with the aim of exploring the possibility of further scientific and technical cooperation and for agreeing upon concrete measures at the appropriate time:

------- Central Building Research Institute, Roorkee and the Deutsche Bauinformation (German Building Information)

-------- Central Road Research Institute, New Delhi and the Ministry of Transport of the
German Democratic Republic, International Relations Department

--------Central Leather Research Institute, Madras and the Deutsches Institute for
Lederforschung (German Institute for Leather Research)

(b) The Ministry of Science and Technology of the German Democratic Republic will, at the request of the Department of Science and Technology, Government of India, examine the possibility of cooperation in the following fields:

___Research in food technology, such as meat, fish and fruit technologies and fermentation technology

___Geophysics

___Microbiology

___Electro-chemistry

___Petrochemical technologies and products and catalysts

___Utilisation of lignite for more valuable liquid fuels and chemicals

___Instruments to determine the degree of pollution of the environment

___Magnesia for high-temperature resistant refractories

___Technology for potassium salts

___Solid state physics

(c) Each Party shall inform the other on patents and processes which it considers to be of interest to the other Party and which can be acquired for practical utilisation. Each Party shall assist the other in acquiring the licences for such utilisation.

(d) Both Parties shall try to make available scientific instruments required fore research programs in the fields agreed upon in this Supplementary Protocol.

Article VII

(a) Both Parties agree that the detailed terms and provisions governing this supplementary Protocol shall be on the basis of the “model terms and conditions for the assignment of experts and acceptance of trainees within the scientific and technical cooperation between India and the German Democratic Republic” of 25 October 1971 and the “Protocol on Scientific and Technical Cooperation between the Government of India and the Government of the German Democratic Republic” of 2 February 1971.

(b) In case of short term assignments of experts up to six months the sending party shall bear the costs of international travel, and receiving party shall breathe costs of board and lodging inland travel. Medical care and pocket money.

(c) The procedure for the exchange of information, documentations. Services and material not covered under this Supplementary Protocol shall in each case be laid down separately by mutual agreement.

Article VIII

Both parties shall inform each other periodically on the status in regard to the fulfilment of this Supplementary Protocol.

Article IX

Amendments or modifications of this Supplementary Protocol be agreed upon in writing.

This Supplementary Protocol shall come into force upon signature and shall be valid for two years from the day of signature.

DONE and signed in Berlin on 20th June 1972 in two originals in the English language,
both texts being equally authentic.

For the Government of India For the Government for the
German Democratic Republic

Sd /- Sd /-

C.SUBRAMANIAM G.PREY


India Bilateral

Ministry of External Affairs, India


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