[18th October, 2017]
Memorandum of Understanding between the National Archives of India and the Archives of Yugoslavia-The Republic of Serbia in the Area of Archival Cooperation
The National Archives of India and the Archives of Yugoslavia, The Republic of Serbia, hereinafter referred to singularly as the Party and collectively as the Parties,
Desiring to strengthen the existing cordial relations between both countries and also to further cooperate in the areas of heritage, historical documentation, conservation, within their capabilities, on the basis of equality, mutual respect and benefit,
Pursuant to the prevailing laws and regulations of respective countries,
Have reached the following understanding:
Article 1 — Objectives
The objectives of the Memorandum of Understanding are to promote the friendly cooperation and professional exchange on archives management.
Article 2 — Areas of Cooperation
The cooperation between the parties shall cover the following areas:
a. Organizing reciprocal exhibitions on history of Non-Aligned Movement and other historical themes of mutual interest, on a non-profit basis held in both countries;
b. Exchanging copy of materials or publications relating to the history of Non Aligned Movement;
c. Exchanging visits of archival experts from both countries;
d. Mutual publications of open archival sources pertaining to historical relations of both countries;
e. Other areas of cooperation as mutually agreed by both Parties.
Article 3 — Implementation
1. The implementation of the activities or programs under this Memorandum of Understanding shall be stipulated in the implementing arrangement. The implementing arrangement shall cover details specification of the respective activities or programs including, but not limited to, objectives, procedure, and financial arrangement.
2. The implementation of the activities or programs under this Memorandum of Understanding shall be subject to the availability of funds and personnel.
3. Whenever deemed necessary and subject to mutual consent, the Parties may request support from, third parties to finance the activities and programs under this Memorandum of Understanding.
4. The implementation of the activities or programs under this Memorandum of Understanding shall be evaluated annually.
Article 4 — Intellectual Property Rights
1. Each Party shall protect the other Party’s intellectual property in its territory.
2. If the cooperative activities under this Memorandum of Understanding generate products of commercial value and/or intellectual property rights, the Parties shall conclude separate arrangement in accordance with the applicable national laws and regulation of each Party, as well as International convention to which the Government of the Republic of India and the Republic of Serbia are Parties.
Article 5 — Confidentiality
1. Subject to application laws, each Part shall undertake to observe the confidentiality and secrecy of documents, information and other data received from the other Party during the implementation to this Memorandum of Understanding or any other agreements pursuant of this Memorandum of Understanding.
2. Both Parties agree that provision of this Article shall continue to be binding to the Parties notwithstanding the termination of this Memorandum of Understanding.
Article 6 — Limitation of Personnel’s Activities
1. The Parties shall ensure that their personnel engaged in the activities under this Memorandum of Understanding shall engage only in activities under the framework of this Memorandum of Understanding and shall comply with national laws and regulations of the host country.
2. Any violation of the Paragraph 1 of this Article may result the revocation of all permits of personnel concerned and other measures in accordance with the prevailing laws and regulations of the host country.
Article 7 — Expenses
Any expenses incurred in the implementation of this Memorandum of Understanding will be discussed by the Parties on case by case basis.
Article 8 — Settlement of Disputes
Any differences or disputes between the Parties related to interpretation and implementation of this Memorandum of Understanding shall be settled amicably through consultations or negotiations based on the principles of mutual respect and understanding.
Article 9 — Amendment
This Memorandum of Understanding can be reviewed or amended at any time by mutual written consent by the Parties. Such revisions or amendments shall form an integral part of this Memorandum of Understanding.
Article 10 — Entry Into Force, Duration and Termination
1. This Memorandum of Understanding shall enter into force on the date of its signing.
2. This Memorandum of Understanding shall remain in force for a period of 3 (three) years and shall be automatically extended for another period of 3 (three) years, unless terminated by either Party by giving written notification at least 6(six) months prior to the intended date of termination.
3. The termination of this Memorandum of Understanding shall not affect the validity and duration of any activities or program initiated under this Memorandum of Understanding until the completion of such activities or programs.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Memorandum of Understanding.
Signed in two originals at Belgrade on this Wednesday day of 18th October in the year 2017 in English, Hindi and Serbian Languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.