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Memorandum of Understanding between the Government of the Republic of India and the Government of the Kingdom of Thailand on The Collaboration on Information Technology and Services [2001] INTSer 9

MEMORANDUM OF UNDERSTANDING Between
The Government of the Republic of India and The Government of the Kingdom of Thailand on
The Collaboration on Information Technology and Services

The Government of the Republic of India and the Government of the Kingdom of Thailand (hereinafter referred to as "the Parties")

HAVING participated in a number of high technology activities in Information Technology (hereinafter referred to as "IT");

CONSIDERING that both countries, being participants in providing technology and services in the IT sector, intend to build up their partnership in the IT sector in the variety of ways;

RECOGNISING the potential for extensive trade between the two countries in the IT sector and the need to tap the capabilities and opportunities in the sector in a more focused and comprehensive manner;

RECOGNISING further the need to promote integral links in the IT sector between the two countries with a view to leverage capabilities and opportunities on both sides;

BEING of mutually desirous of advancing the growth of investments, joint ventures, joint initiatives, technology development and markets in the IT sector; and


INTENDING to implement a technology and industry co-operation programme

aimed at fostering business partnerships between both countries;

HAVE REACHED the following understanding:

ARTICLE 1

Basic Principles

The Parties agree to promote closer co-operation and exchange of information pertaining to the IT sector in accordance with this Memorandum of Understanding and on the basis of equality, reciprocity and mutual benefit.

ARTICLE 2

Scope of Co-operation

The scope of co-operation between the Parties shall include the following areas relating to IT:

a. Electronic Commerce

b. Electronic Government

c. Information Security

d. Human Resource Development

e. Research, Design and Development

f. Exploring third country markets

ARTICLE 3

Implementation

In order to implement the scope of co-operation identified in the Article 2, an India-Thailand IT Task Force (hereinafter referred to as "the Task Force") shall be set up to identify and facilitate programmes for the purpose of:

a. Exploring and supporting research and implementation needs in the fields of innovation incubation, venture financing and infrastructural development for IT;

b. Developing skills through exchange programmes, and through joint sponsorship of conferences, training programmes and seminars in the field of IT;
c. Involving, wherever possible, entrepreneurs in India and Thailand to foster incubation of start-ups; and

d. Technology development, product development and trade and market

development to be undertaken with and between the two countries.

ARTICLE 4

Composition and Responsibilities of the Collaboration

1. For the purpose of identifying and facilitating programmes under Article 3, the Parties shall designate one or more representatives as members of the Task Force. The designated representatives shall be responsible for seeking any required approval for the conduct of specific co-operative activities from their respective Governments.

2. The Task Force shall be responsible for implementing the scope of co-operation as set out in Article 2 above. The Task Force may hold consultations to identify and define future activities under Article 3, review activities in progress or discuss matters related to such activities. Where necessary, and by mutual agreement, the Task Force may hold working meetings.

3. The composition of the Task Force and identification of key deliverables for the Task Force are set out in Appendix I, which is an integral part of this Memorandum of Understanding.

ARTICLE 5

Form of Co-operation

Parties' co-operation under Articles 2, 3 and 4 of this Memorandum of Understanding shall be in accordance with the applicable laws and regulations of each country.

ARTICLE 6

Funding and Resources

The conduct of co-operative activities under Articles 2, 3 and 4 of this Memorandum of Understanding shall be subject to availability of funds and other resources of the Parties. The cost of co-operative activities shall be shared by the Parties in a manner to be mutually agreed upon.

ARTICLE 7

Intellectual Property Rights

Should intellectual property rights arise out of or pursuant to any Article or activity under this Memorandum of Understanding, the allocation of ownership of these rights shall be determined on a case-by-case basis, in accordance with applicable domestic laws and international principles.

ARTICLE 8

Confidentiality of Information

The Parties confirm that neither Party shall disclose or distribute any confidential information that is supplied to the other Party in the course of conduct of co-operative activities under this Memorandum of Understanding to any third party except as and to the extent authorized in writing to do so by the other Party.

ARTICLE 9

Amendments

This Memorandum of Understanding may be modified or amended as may be

required from time to time by mutual written consent of the Parties.


ARTICLE 10

Settlement of Disputes

Any and all disputes between the Parties concerning the interpretation and/or implementation of this Memorandum of Understanding shall be settled amicably through consultations and/or negotiations.

ARTICLE 11

Validity

1. This Memorandum of Understanding shall come into effect on the date of its signature and shall remain in force for a period of three (3) years thereafter unless terminated by either Party giving six (6) months notice in writing to the other Party.

2. This Memorandum of Understanding may be extended at any time by mutual written consent of the parties.

3. The termination of this Memorandum of Understanding shall not ipso facto affect co-operative activities under Articles 2 and 3, which are already in progress and the confidentiality of information, which shall continue to apply notwithstanding the termination.

IN WITNESS WHEREOF, the undersigned, being duly authorized hereof by

their respective Governments, have signed this Memorandum of Understanding.

Done at New Delhi on 28th November, 2001, in duplicate in Hindi, Thai and English versions. The versions of the three languages are equally authentic. In case of discrepancy in the interpretations of the versions, the English version shall prevail.

For and on behalf of

The Government of

the Republic of India

Pramod Mahajan

Minister of Parliamentary

Affairs, Information Technology and Communications

For and on behalf of

The Government of the

Kingdom of Thailand


Surakiart Sathirathai

Minister of Foreign Affairs

APPENDIX-I

1. The Task Force will be co-chaired by the Secretary of the Ministry of Information Technology, the Government of the Republic of India and the Permanent Secretary of Ministry of Science, Technology and Environment, the Government of the Kingdom of Thailand.

2. The composition of the Task Force is as follows:

The Republic of India

The Kingdom of Thailand

Co-chairperson

Secretary, Ministry of

Information Technology

Permanent Secretary,

Ministry of Science, Technology and Environment

Members

Representative from the Ministry of Information Technology not below the rank
of Joint Secretary

Representative from the Indian Institute of Technology

Representative from National Center of Software Technology

Representative from National Informatics Center


Representative from Computer Maintenance Corporation

Representative from National Association of Software and Service Companies

Representative from Electronics and Software Export Promotion Council

Other Private Sector representatives (to be determined based on key functions)


Representative from National Science and Technology Development Agency

Representative from National Electronics and Computer Technology Center

Representative from Department of Technical and Economic Cooperation

Representative from Association of Thailand Computer Industry

Representative from Association of Thai Software Industry

Representative from Department of Export Promotion

Representative from Department of Industry Promotion

Representative from Software Park, Thailand

Secretariat

Senior Director, International Cooperation and Bilateral Trade,

Ministry of Information Technology

Director, National Electronics and Computer Technology Center

3. The Task Force shall meet on an annual basis with the Parties hosting the meetings every other year. Inter-session meetings may be held as required for further follow up in respect of specific projects.

4. Over the next few years, the key functions for the Task Force are as follows:

a. Setting up of IT talent incubators in India and Thailand;

b. Tapping on Institutes of Higher Learning in India;

c. Harmonization and cross-certification of digital signatures;

d. Increasing Internet connectivity between India and Thailand;

e. Joint development of interactive broadband multimedia content, information
security and e-Government; and

f. Facilitating the development, interaction and exchange of IT talent between

India and Thailand.

India Bilateral

Ministry Of External Affairs, India

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