Notícias
Atos assinados por ocasião da Visita de Estado da Presidenta da República da Coreia, Park Geun-hye – 24 e 25 de abril de 2015 [Inglês]
between
Ministry of Communications
of the Federative Republic of Brazil
and
Ministry of Science, ICT and Future Planning
Of the Republic of Korea
for
Establishment of Cooperation Framework for Joint Projects
The Ministry of Communications of the Federative Republic of Brazil (hereinafter referred to as “MC”) and the Ministry of Science, ICT and Future Planning of the Republic of Korea (hereinafter referred to as “MSIP”) (hereinafter referred to as "the Sides") confirm their intention to foster active collaboration to establish a cooperative framework to carry out joint projects, tentatively titled “Brazil-Korea Information Technology Cooperation Program” (hereinafter referred to as “ITCP”), without creating formal obligation for either Side and while complying with each Side’s policies and procedures.
This Letter of Intent (LOI) constitutes the framework of the cooperation activities for the establishment of the Brazil-Korea ITCC.
1. Cooperation Sides
2. MC has the mission to develop, in a transparent and participatory manner, public policies that promote access to communication services, contributing to economic growth, technological innovation and social inclusion in Brazil.
3. MSIP leads the nation’s informatization initiatives and works towards realizing the vision of a sustainable creative economy by fostering innovation in the public and private sector, and creating an ecosystem for creative economy through the convergence of science, technology and ICT.
Objective
4. MC and MSIP acknowledge that the collaboration they seek and the resulting establishment of the ITCP shall promote the development of the information societies in Brazil and Korea, through the exchange and complementation of their respective experiences, and by carrying out joint projects within the fields of information technologies of mutual interest.
Collaboration Activities
5. MC and MSIP will actively discuss and explore the possibility of jointly establishing the ITCP in Brazil, with a target launch year of2016, or 2017, if the budget is not available in 2016.
6. The Sides will designate working level contact points representing relevant stakeholders to discuss matters relating to the design and establishment of the ITCP, including the possible contributions of the Sides to facilitate the establishment of the ITCC and carry out joint projects, as referred to the attached concept note.
7. Agreements reached by the Sides may be further signed into agreements in the forms of a Memorandum of Understanding (MOU) and a Collaboration Arrangement (CA) between operating agencies if needed.
Signed in duplicate in Brasilia of the Federative Republic of Brazil on April 24, 2015, in the Portuguese and in the English language.
Ricardo Berzoini
Minister
For the Ministry of Communications of the Federative Republic of Brazil
Yanghee Choi
Minister
For the Ministry of Science, ICT and Future Planning,
Republic of Korea
Between
the Ministry of Science, ICT and Future Planning
of the Republic of Korea
AND
the Ministry of Communications of the Federative Republic of Brazil
in the field of
Information and Communication Technologies
The Ministry of Science, ICT and Future Planning of the Republic of Korea and the Ministry of Communications of the Federative Republic of Brazil (hereinafter referred to as the “Sides”),
CONSIDERING their desire to further strengthening mutually beneficial cooperation in the field of information and communication technologies (hereinafter “ICT”) with a view to facilitating the economic and social development of both countries,
RECOGNIZING the importance of ICT to all sectors of the economy and society, and
Have reached the following understanding:
Paragraph 1
Basic Principles
- The Sides will endeavor to promote cooperation in the field of ICT in accordance with the relevant laws and regulations of each Side and this Memorandum of Understanding (hereinafter referred to as the “MOU”) and on the basis of the principles of equality, reciprocity and mutual benefit.
- This MOU will be implemented subject to the respective laws and regulations and the availability of appropriate funds and personnel of the Sides.
Paragraph 2
Scope of cooperation
The priority areas of cooperation between the Sides include:
- information sharing and benchmarking on ICT policy, internet governance and best practices;
- 5G (next-generation) mobile communications in terms of technology research & development, standardization ;
- application of big data, M2M (Internet of Things), smart city in terms of technology research and development, standardization, pilot projects;
- other areas as jointly decided upon by the Sides.
Paragraph 3
Cooperative Activities
Cooperative activities may take the following forms:
- a) exchange of information, best practices, policy experiences;
- b) facilitation of joint projects such as co-funding, feasibility study, commercial & applied R&D;, wireline/wireless infrastructure pilot projects;
- c) exchange of experts/staff for education and training;
- d) participation of government officials, companies, academia and researchers in conventions, conferences, symposia, seminars, festivals, exhibitions and other meetings organized by the other Side;
- e) operation of co-funded ‘ICT cooperation program’ which carries out joint ICT projects mutually agreed by the Sides.
- f) encouraging companies, academia and researchers to seek business opportunities in the Sides or the third countries in association with the cooperative activities of this paragraph.
- g) any other forms of cooperation as may be jointly decided upon by the Sides.
Paragraph 4
Funding
The Sides will jointly decide, on a case-by-case basis, how cooperative activities under this MOU will be funded and resourced, subject to their budgetary limitations.
Paragraph 5
Cooperation within International Organizations
The Sides, based on their mutual interests, will cooperate within international organizations such as International Telecommunication Union, and the ASEAN Telecommunications and IT Ministers Meeting. Bilateral consultations and negotiations will be held if necessary.
Paragraph 6
Release of Information
The Sides may not disclose nor disseminate to any third party any information provided by the other Side in the process of cooperative activities under this MOU, except as and to the extent authorized in writing to do so by the other Side.
In case of the termination of this MOU, the provisions of this Paragraph will continue to be in effect.
Paragraph 7
Amendments
Amendments or additions to this MOU may be made by mutual written consent of the Sides. Any such amendments or additions will be considered as integral part of this MOU and will come into effect on a date jointly decided by the Sides.
Paragraph 8
Dispute Settlement
Any disputes or differences arising from the interpretation or implementation of this MOU will be settled amicably through consultations between the Sides.
Paragraph 9
Entry into Effect and Termination
- This MOU will come into effect on the date of its signature of the Sides and will continue to have effect for a period of three (3) years, unless terminated by either Side by giving three (3) months written notice to the other Side. The MOU may be renewed for successive periods of three (3) years.
- The termination of this MOU will not affect any cooperative activities under this MOU that are already in progress and not yet completed at the time of its termination, unless the Sides jointly decide otherwise.
Between
The Ministry of Development, Industry and Foreign Trade
And the Micro and small Business Secretariat
Of the federative Republic of Brazil
and
The Ministry of Trade, Industry and Energy and
The small and medium business administration
of the Republic of Korea
on promoting investment and cooperation among small and medium sized enterprises
The Ministry of Development, Industry and Foreign Trade (hereinafter referred to as “MDIC”) and the Micro and Small Business Secretariat (hereinafter referred to as “SMPE”) of the Federative Republic of Brazil (hereinafter referred to as “Brazil) and the Ministry of Trade, Industry and Energy (hereinafter referred to as “MOTIE”) and The Small and Medium Business Administration (hereinafter referred to as “SMBA”) of the Republic of Korea (hereinafter referred to as “Korea”), (hereinafter jointly referred to as “the Sides”),
DESIRING to cooperate in trade, services and industrial development of micro, small and medium sized enterprises (hereinafter referred to as “SMEs”) of the Sides and to exchange information about the promotion and development of SME´s international trade and to devise strategies, practices and procedures to facilitate trade by SMEs between the two countries
HOPING to exchange information, experiences and collaboration in the areas of entrepreneurial development and promotion;
BEARING in mind the mutual benefit to both Sides arising from building and maintaining their bonds of friendship and cooperation;
CONSIDERING micro, small and medium enterprises as defined by SMBA and MOTIE and micro, small and medium enterprises as defined by SMPE and MDIC, herein collectively referred to as SMEs;
CONSIDERING the importance of the principles of equality, mutual respect for each country’s sovereignty and the protection of mutual interests; and
ACKNOWLEDGING the principles and norms of international law;
Have reached the following understanding:
Paragraph 1
- The objectives of this Memorandum of Understanding (hereinafter referred to as the “Memorandum”), are:
a) to establish the basis for cooperation between the Sides in order to increase and strengthen commercial and investment ties between SMEs in Brazil and Korea with the aim of achieving mutually beneficial economic development and job creation,
b) to promote synergies between industrial, trade and services policies of the Sides, and
c) to share experiences and implement possible joint collaboration in fostering entrepreneurship and startups development in the two countries. - All activities under this Memorandum are subject to the availability of funds and to the domestic laws, regulations and policies of each Side.
- Detailed procedures for specific training or joint venture activities will be set out in separate arrangements to be jointly decided upon by the Sides.
Paragraph 2
- The Sides will establish a working group which will include representatives from both Sides and will be called the Brazil-Korea Joint Committee for SME Development. Meetings of the Joint Committee will be conducted periodically at mutually determined locations. The Sides will be responsible for funding their own participation in such meetings.
- The goals of the Joint Committee are to:
(a) formulate an annual action plan relating to the development of the SMEs of the two countries;
(b) cooperate in the establishment and operation of business development centers for promoting exports;
(c) encourage joint projects between Brazil SMEs and/or Korean SMEs to utilize the respective strengths of the enterprises and reinforce the readiness of SMEs to meet market demands; and
(d) plan the exchange of trade and investment missions and/or joint technology shows in which SMEs from both countries showcase their technologies and investment opportunities. As appropriate, the Korean Side will follow up with Korean businesses and the Brazilian Side will follow up with Brazilian businesses that participate in such missions.
Any other areas of cooperation may be jointly decided upon by the Sides.
Paragraph 3
The Sides will promote and facilitate the development of cooperative relationships between Brazilian and Korean services providers and resource partners, sharing information about the programs, products and services that each provides to its SMEs.
Paragraph 4
The Sides will cooperate to reinforce technology cooperation, the building of an inter-enterprises and entrepreneurs network, cooperation in the fields of strategic businesses and marketing, and restructuring of SMEs to enhance competitiveness.
Paragraph 5
The Sides will exchange information on mutual acknowledgement of standards for SMEs. The Sides may work together on one or more trade and investment promotion events.
Paragraph 6
The Sides will organize managerial meetings and commercial and investment missions that allow the facilitation of technology transfer, trade and investment between SMEs of both countries.
Paragraph 7
The Sides will share information on policies to promote the development of SMEs, including regulatory impact assessment and bureaucracy reduction.
Paragraph 8
The Sides will facilitate and promote cooperation to expedite SMEs’ trade utilizing online platforms and will bolster joint publicity and transactions of SME products of both countries using the SME online platform. The Sides will endeavor to jointly vitalize online commerce among Korean and Brazilian SMEs. The Sides will also endeavor to jointly develop and implement specific measures in order to make effective utilization of both the Brazilian E-Marketplace (sub-site of Portal Empresa Simples) and the Korean SME Online Export Hall of Brazil (sub-site of GobizKorea). Specific details are as follows:
(a) Brazil:
(i) Portal Empresa Simples: a virtual hub for business oriented public services (www.empresasimples.gov.br)
(ii) Brazilian E-Market Place: sub-site of Portal Empresa Simples focused on business matching and support services for SMEs
(b) Korea:
(i) GobizKorea: Korea's representative global SME business-to-business (B2B) market place (www.gobizkorea.com)
(ii) Korean SME Online Export Hall of Brazil: sub-site of GobizKorea for the Brazilian market
Paragraph 9
The Sides will promote business linkages between SMEs of the two Sides, including women-owned SMEs, and will encourage the provision of technical assistance to SMEs, including women-owned SMEs.
Paragraph 10
The Sides will collaborate in promoting entrepreneurship, especially regarding high-tech related startups and other projects through the exchange of information, experiences and any other type of support mutually agreed between the Sides. The Sides will endeavor to provide young entrepreneurs with superior business ideas and technical background with well-designed support to help them establish their business startups successfully in the other country.
Paragraph 11
Each Side may appoint an employee to act as a liaison to assist in implementing this Memorandum. The Sides will consult with the appropriate authority of each country in order to assign and dispatch their staff members to the other Side to act as coordinators whose duties are to ensure the successful execution of the SMEs’ activities. In such a case, each Side will bear the expenses associated with the dispatch of its coordinator.
Paragraph 12
The Sides will foster the development of human resources by means of training and specialized technical assistance in workshops and seminars.
Paragraph 13
The Sides may also cooperate to develop joint ventures and alliances between Brazilian and Korean investment funds and between private investors.
Paragraph 14
The Sides will jointly evaluate and share information in order to facilitate joint ventures, licensing, subcontracting and commercial alliances and distributorship opportunities between Brazilian and Korean SMEs. They will also encourage the sharing of experiences, information and methodology used to create and operate business incubators, to train entrepreneurs and to raise angel capital, seed capital and venture capital.
Paragraph 15
The Sides will cooperate in order to exchange general information, entrepreneur databases and specialized documents, in order to facilitate commercial and investment flows between the two countries. The Sides will also make available or coordinate the preparation of market studies by region, sector and product, in order to determine business opportunities and design programs and specific activities for the future.
Paragraph 16
Nothing in this Memorandum will affect existing or future arrangements between the Sides or their countries or prevent either Side or its SMEs from participating in similar activites or arrangements with third parties.
Paragraph 17
The Sides acknowledge that each will adhere to the laws of its own country and that all actions undertaken pursuant to this Memorandum are subject to each Side's domestic laws and policies as well as the availability of funds.
Paragraph 18
Any disputes arising from the interpretation or implementation of this Memorandum will be resolved through negotiations between the Sides.
Paragraph 19
- This Memorandum will come into effect on the date of signature by both Sides and will continue in effect for a period of three years. It will be automatically renewed thereafter for successive three-year periods, unless either Side notifies the other Side in writing of its desire not to renew this Memorandum.
- Either Side may terminate this Memorandum at any time by giving thirty (30) days advance written notice to the other Side.
- This Memorandum may be amended with the mutual written consent of the Sides.
Between the Ministry of Development, Industry and Foreign Trade of the Federative Republic of Brazil
And the Ministry of Trade, Industry and Energy of the Republic of Korea
Concerning collaboration on the establishment of Brazilian single window system and paperless trade promotion
The Ministry of Development, Industry and Foreign Trade (“MDIC”) of the Federative Republic of Brazil and the Ministry of Trade, Industry and Energy (“MOTIE”) of the Republic of Korea, hereinafter referred to as the “Participants” OR the “Sides”;
Acknowledging that electronic cross-border transactions involving electronic documents (hereinafter referred to as “Paperless Trade”), can facilitate “smart trade” within remote regions, increase efficiency in business, reduce trade-related costs, and thereby increase the competitiveness of private entities in both countries;
Reaffirming the commitment of both countries to the implementation of the WTO Trade Facilitation Agreement;
Considering that the Single Window System could contribute to the facilitation of exports and increase in export volume of the private sector, in particular micro, small and medium sized enterprises through the provision of a foreign trade-friendly environment via process automation; and
Considering the progress the Single Window System in Brazil (“Portal Único de Comércio Exterior”) and the experience acquired by Republic of Korea with respect to Paperless Trade promotion,
Have reached the following understanding:
Paragraph 1
The Participants will endeavor to establish and expand cooperation in the field of Single Window development and Paperless Trade promotion, in accordance with all applicable laws and regulations both in the Republic of Korea and the Federative Republic of Brazil.
Paragraph 2
The Participants intend to collaborate on Paperless Trade promotion and on the development of the Brazilian Portal Único de Comércio Exterior, as follows:
- MOTIE will share knowledge, technical expertise and experience with MDIC on Korea’s nation-wide Paperless Trade infrastructure, (“uTradeHub” System), as one of the reference models for Brazil.
- the Participants intend to make continuous efforts to exchange information related to trade facilitation, including laws and regulations concerning the Paperless Trade and Single Window systems
- the Participants also intend to make efforts to facilitate collaboration among trade-related government agencies, associations and companies in both countries in order to fulfill the objectives of this Memorandum of Understanding (MOU).
Paragraph 3
The Participants hereby designate appropriate executing authorities in their respective countries to carry out the cooperation measures mentioned above in Paragraph 2, as follows:
- MOTIE has designated the Korea Trade Network (“KTNET”), its paperless trade infrastructure provider, as the Korean executing authority in accordance with theAct on Paperless Trade Promotion of the Republic of Korea.
- MDIC has designated the Foreign Trade Secretariat (“SECEX”) as the Brazilian executing authority in the Federative Republic of Brazil.
Paragraph 4
If any intellectual property rights should arise as a result of cooperative activities carried out under this MOU, the Participants will conclude a separate written arrangement setting forth those rights.
Paragraph 5
Neither Participant will disclose any confidential or commercially sensitive information acquired in accordance with this MOU, to any natural or legal person without the prior written consent of the other Participant, with the exception of its own government, in confidence, should such a disclosure be deemed appropriate.
Paragraph 6
The Participants acknowledge that this MOU is not legally binding and it is not intended to give rise to any rights or obligations under either domestic or international law.
Paragraph 7
Any dispute arising from the interpretation and/or implementation of this MOU will be resolved amicably through negotiations or consultations between the Participants.
Paragraph 8
- This MOU will take effect on the date of signature, and will remain in effect for five (5) years, unless either Participant notifies the other, in writing, of its intention to terminate the MOU, such termination taking effect three (3) months after the date of notification.
- This MOU will be renewed automatically, if its content is still valid, and remain in effect for an additional five (5) years, unless either Participant notifies the other, in writing, of its intention to terminate the MOU, three (3) months before its termination date.
- This MOU, by mutual written consent, may be revised and modified through amendments, which will form an integral part of the MOU.
between
The Ministry of Health and Welfare of the Republic of Korea and
The Ministry of Health of the Federative Republic of Brazil
on cooperation in the field of health care and medical science
The Ministry of Health and Welfare of the Republic of Korea
and the
Ministry of Health of the Federative Republic of Brazil
(hereinafter referred to as "the Sides "),
Wishing to strengthen their bilateral cooperation in the field of health care and medical sciences,
Have reached the following understanding:
Paragraph 1
The Sides will encourage and develop cooperation in the field of health care and medical science on the basis of reciprocity and mutual benefit and in accordance with the national laws and regulations of each country.
Paragraph 2
The Sides will develop cooperation in the following areas of mutual interest:
- Health policy and health management;
- Hospital health care;
- Research in the development and evaluation of new technologies in health;
- Experience exchange between the National Evidence-based Healthcare Collaborating Agency (NECA) and the Department of Management and Incorporation of Health Technology (DGITS);
- e-Health;
- Medical and pharmaceutical policy and research;
- Medical device and research;
- Market approval of pharmaceuticals and medical devices;
- Research and development(R&D;) and industrialization of biotechnology;
- Clinical and translational research in health; and
- Other areas of mutual interest that may be jointly decided upon by the Sides.
Paragraph 3
The Sides will cooperate through:
- Exchange of information of mutual interest;
- Exchange of delegations and experts;
- Exchange of experience on priority issues for both countries;
- Participation in congresses, conferences and other events;
- Exchange of information regarding the scheduled congresses, conferences and other events;
- Joint projects and personnel training in the fields of health care and medical and pharmaceutical science; and
- Improving access to healthcare services between the two countries.
Paragraph 4
The Sides will strengthen and expand their partnership in the field of pharmaceuticals, medical devices and cosmetics in accordance with the national laws and regulations of each country. Cooperative activities may include, in particular:
- Exchange of information on the documentation requirements, quality assurance, safety and efficacy assessment in the marketing authorization process for medicinal products for human use;
- Exchange of information on pricing and reimbursement schemes for medicinal products;
- exchange of information concerning medicinal products, including traditional herbal medicines and raw pharmaceutical materials of medicinal products; and
- Exchange of information on the public and private procurement;
- Technology transfer projects and development; and
Paragraph 5
The Sides will exchange, upon request, information on their laws and regulations regulating activities in the field of health care and medical science as well as information and experience in the fields of health care, medical science, new technological developments and new medical equipment.
Paragraph 6
The Sides will make efforts to promote direct cooperation between the medical institutions, national health centers, hospitals and industries of the two countries in areas of mutual interests.
Paragraph 7
- The Sides will exchange experts and medical specialists in order to share knowledge and experience and improve their qualifications, as well as to carry out joint activities in the priority areas of the two
- All expenses arising from the exchange of specialists, including transportation, living and accommodation expenses, shall be borne by the Sending Side.
- The expenses of all other cooperative activities under this MOU will be borne in a manner to be jointly decided upon by the Sides.
- Each Side will develop a work program for their experts and specialists in the English language and send it to the other Sides at least one month before the travel by such experts and specialists to the other country.
Paragraph 8
- The Sides will appoint contact points or competent bodies to coordinate the activities under this Memorandum of Understanding as follows;
Korean side: Division of Global Healthcare, Bureau of Health Industry
Brazilian side: Office for International Affair, Ministry of Health
- The Sides will set up the working group to identify the priority areas of cooperation and coordinate and follow-up activities and projects decided by the both Sides. The meetings will be held once a year, alternately in the Republic of Korea and the Federative Republic of Brazil on reciprocal basis, or when necessary, as jointly decided by both Sides. The host Side will chair the meeting. Both Sides will notify the members of working group and do the same just in case change in members.
Paragraph 9
- This MOU is not intended to create any other legal obligations.
- This MOU will be carried out within the framework of the respective laws and regulations of the two countries and subject to the availability of appropriated funds and personnel of the Sides.
Paragraph 10
Any dispute arising from the interpretation, application or implementation of this MOU will be resolved amicably through consultations between the Sides.
Paragraph 11
This Memorandum of Understanding will come into effect on the date of signature. It will remain in effect for a period of five years and will be automatically extended for successive five-year periods, unless either Side terminates it by giving other Side with written notice no later than six months before the expiry of this Memorandum of Understanding. This Memorandum of Understanding may be amended with the mutual written consent of the Ministries.
Between
The Ministry of Science, Innovation and Technology
of Federative Republic of Brazil and the Ministry of Science, Ict and future planning
of the Republic of Korea
on creative economy and knowledge-based society
The Ministry of Science, ICT and Future Planning of the Republic of Korea and the Ministry of Science, Innovation and Technology of Federative Republic of Brazil. (hereinafter referred to as "the Sides")
Recognizing the importance of creativity, innovation, science and technology for the prosperity and development of national economy,
Being assured that bilateral cooperation in the fields of creative economy and knowledge based society leads to mutual understanding and social/economic development of the two countries,
Hoping to develop a partnership between the Sides in accordance with laws and regulations applicable in both countries,
Have agreed to the following:
Article 1
- Based on the principle of reciprocity, the purpose of this memorandum of understanding (hereinafter referred to as the "MOU") is to facilitate cooperation in the field of creative economy and knowledge based society in accordance with the related laws and regulations of each country.
- This MOU will be implemented in accordance with the respective laws and regulations of the two countries and subject to the availability of appropriate funds and personnel of the Sides. Also, this MOU is not intended to create any legally binding obligations under the International Law.
Article 2
The Sides shall cooperate in the following areas:
- sharing and benchmarking best practices, strategies and policies in the field of science, technology, innovation, creative economy and knowledge-based society at both regional and national levels
- facilitating joint research and cooperation between institutions and between businesses of both countries for the development of creative economy and knowledge based society
- technology commercialization including facilitation of startups and technology transfer among enterprises, academia and research institutes
- Fostering SW coding education projects using smart devices and applications including smart robots
- other areas of creative economy and knowledge based society as mutually agreed upon by the Sides
Article 3
The Sides shall promote cooperation on the following activities:
- exchanging visits between government officials, technicians, experts and business representatives
- holding seminars and workshops
- exchanging promising startups between accelerators in both countries in order to facilitate entry into both countries and the other countries
- proposing and promoting joint research projects including R&D; and regional innovation centers
- exchanging experts and researchers in terms of education and training programs
- encouraging cooperation among related organizations and businesses
- any other activities agreed upon by the Sides
Article 4
Each Side shall –as per available resources –bear its own expenses incurred under or as a result of this MOU, unless the Sides agree otherwise in advance.
Article 5
Neither Side may disclose any information provided by the other Side under this MOU to a third party without the prior written consent of the providing Side. This Article shall remain in effect even after termination of this MOU.
Article 6
Any disputes arising from the interpretation and/or implementation of this MOU shall be settled amicably through consultations between the Sides.
Article 7
This MOU shall come into effect on the date of the latter notification confirming finalization of domestic legal procedures required for its entry into force.
Between the Ministry of Employment and Labor of the Republic of Korea
and the Ministry of Labor and Employment of Brazil
This Memorandum of Understanding(MoU) between the Ministry of Employment and Labor of the Republic of Korea (hereinafter to as the “MOEL”) and the Ministry of Labor and Employment of Brazil (hereinafter to as the “MOLE”) sets out the framework for cooperation in the field of Employment and Labor.
CONSIDERING THAT the MOEL and the MOLE(hereinafter referred as the “Parties”, and individually, each a “Party”) wish to formalize a basis on which the Parties may explore opportunities for cooperation and collaboration on matters of common interests.
NOW, THEREFORE, the Parties have jointly decided to enter into a Memorandum of Understanding(MoU) as follows:
Article 1
Objective
The objective of this MoU is to formalize a framework of cooperation and to facilitate collaboration between the Parties to promote joint initiatives and projects on the basis of reciprocity and mutual benefit. The activities under this MoU will be subject to the laws and regulations of each Party.
Article 2
Areas of Cooperation
The Parties may, in particular, explore the possibility of cooperating in the following:
- Knowledge sharing and Exchange of information on areas of mutual interest :
- Policies and Systems in the field of Employment and Labor; Human Resource Development including vocational training system, competency Standards, qualifications framework and professional certification; Labor market information system and public employment service; Occupational Safety and Health(OSH) and Industrial relations.
- Promotion of Joint initiatives and Projects in the areas of:
- Skills Competitions: Sharing knowledge and experience on the operation of skills competitions and training system, and the exchange of experts;
- Competency Standards and Qualifications framework: Benchmarking the occupational standards and qualifications in major industries;
- Sharing knowledge and experience on Professional Certification.
- Effective Apprenticeship Program: Developing and Promoting apprenticeship programs leading to employment;
- Promotion of People-to-People Exchanges and Support to overseas-invested enterprises between the two countries;
- Cooperation on projects with or in third countries in Latin America as mutually approved and agreed upon;
- Multilateral cooperation with international organizations.
Article 3
Commitments of the Parties
This MoU does not represent any commitment with regard to funding on the part of the Parties. Any such commitment will be reflected in a separate arrangement that may be entered into by the Parties under this MoU.
Article 4
Mutual Consultation and Implementation
The Parties will establish a Joint Working Group to implement the cooperative activities under this Memorandum of Understanding. The Joint Working Group will meet annually or as the Parties may otherwise mutually determine to review the operation of this MoU. Each Party will host the Joint Working Group meetings on an alternate basis, or as otherwise mutually determined. The host Participant will chair the Joint Working Group.
The members of the Joint Working Group will prepare a report about the implementation of this Memorandum of Understanding after consultation or discussion at each Joint Working Group meeting. This report will include proposals for the advancement of programs covered by the areas of cooperation.
The Joint Working Group will be chaired on behalf of the Government of the Republic of Korea by the Director General of the Skills Development Policy Bureau of the Ministry of Employment and Labor unless otherwise advised, with participation by other government and non-government agencies as appropriate.
The Joint Working Group will be chaired on behalf of the Government of Brazil by the Secretary of Employment Public Policies of the Ministry of Labor and Employment unless otherwise advised, with participation by other government and non-government agencies as appropriate.
The Parties will be jointly responsible for the implementation and coordination of cooperative activities under this MoU.
The Parties will hold regular consultations as necessary to decide upon the modalities for the implementation of specific activities.
Article 5
Relationship of the Parties
Nothing contained explicitly or implicitly in this Memorandum of Understanding will be construed to give either Party the right, power or authority to legally bind or commit the other.
Article 6
Dispute Settlement
Any dispute between the Parties arising out of or relating to this MoU including interpretation or application of any provision therein will be settled amicably through mutual consultation between the Parties.
Article 7
Amendment
This Memorandum of Understanding may be amended only by mutual written consent of the Parties. Such amendments will come into effect on such a date as is mutually determined by the Parties and will form an integral part of this Memorandum of Understanding.
Article 8
Effectiveness and Termination
This Memorandum of Understanding will come into effect on the date of its signature by both Parties and will remain in effect for five years.
This Memorandum of Understanding may be extended by mutual consent of the Parties and may be terminated by either Party giving the other Party six months written notice, which details the reason for such termination.
Mr. Lee, Ki-Kweon
Minister of Employment and Labor
For the Ministry of Employment and Labor of the Republic of Korea
Mr. Manoel Dias
Minister of Labor and Employment
For the Ministry of Labor and Employment of Brazil
PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT
REPUBLIC OF KOREA FOR THE AVOIDANCE OF DOUBLE
TAXATION AND THE PREVENTION OF FISCAL EVASION
WITH RESPECT TO TAXES ON INCOME
The Government of the Federative Republic of Brazil and The Government of the Republic of Korea,
Desiring to amend the Convention between the Government of the Federative Republic of Brazil and the Government of the Republic of Korea for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income signed at Seoul on March 7, 1989 (hereinafter referred to as “the Convention”),
Have agreed as follows:
Article I
Article 26 (Exchange of Information) of the Convention shall be deleted and replaced by the following:
“Article 26
Exchange of Information
- The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, or of their local authorities, insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2.
- Any information received under paragraph 1 by a Contracting State shall be treated as confidential in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
- In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation:
- to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State;
- to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;
- to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy (ordrepublic).
- If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information.
- In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.”
Article II
Each Contracting State shall notify to the other the completion of the procedures required by its domestic law for the entry into force of this Protocol. This Protocol shall enter into force on the date of the receipt of the later of the notifications referred to in the preceding sentence. The provisions of this Protocol shall have effect from the date of its entry into force.
Article III
This Protocol, which shall form an integral part of the Convention, shall remain in force as long as the Convention remains in force and shall apply as long as the Convention itself is applicable.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.