AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF UKRAINE ON MILITARY-TECHNICAL COOPERATION
For text in Portuguese Link
The Government of the Federative Republic of Brazil
and
The Cabinet of Ministers of Ukraine, (hereinafter referred to as “the Parties”),
Taking into account the mutual desire to develop and strengthen friendly relations between Ukraine and the Federative Republic of Brazil,
Seeking after mutually beneficial long-term cooperation based on mutual respect, confidence and consideration of each Party’s interests,
Taking into consideration the mutual interest in the development of bilateral cooperation in military-technical sphere,
Have agreed as follows:
Article 1
Cooperation
The present Agreement, guided by the principles of equality, reciprocity, and mutual interest, and in compliance with each Party’s national legislation, regulations, and assumed international obligations, is aimed at promoting military-technical cooperation between the Parties in the following areas:
a) production, modernization, repairs and acquisition of defense products and services;
b) transfers of technologies and licenses on production of armament and military equipment, providing the technical assistance in organizing of its production;
c) joint carrying out of scientific research and technological development activities in the sphere of armament and military equipment;
d) exchange of experience, technologies and information related to development, production and testing of armament and military equipment;
e) exchange of experts for the purpose of the implementation of joint programs of military-technical cooperation;
f) training of personnel according to needs and possibilities of the Parties;
g) other military-technical fields that may be of mutual interest to both Parties.
Article 2
Executive Authorities
The Executive Authorities of the Parties responsible for the implementation of this Agreement shall be:
a) for the Ukrainian Party – the Ministry of Economic Development and Trade of Ukraine and the Ministry of Defense of Ukraine;
b) for the Brazilian Party – the Ministry of Defense of the Federal Federative Republic of Brazil.
Article 3
Assurances
When carrying out cooperation activities under this Agreement, the Parties commit themselves to respect the principles and purposes of the Charter of the United Nations, which include sovereign equality of States, territorial integrity and inviolability, and non-intervention in the internal affairs of other States.
Article 4
Implementing Arrangements
1. For the implementation of the present Agreement, the Executive Authorities may conclude appropriate arrangements and programmes in specific fields of military-technical cooperation.
2. With the consent of both Parties, Supplementary Protocols to this Agreement can be signed on specific areas of military-technical cooperation and will be part of this Agreement.
3. Any contract, addendum, forms, documents or other instruments necessary to give effect to the cooperation under this Agreement shall be jointly agreed between the Parties or entities authorized by them and should be restricted to the limits of this Agreement.
4. Responsibility to meet obligations arising from contracts mentioned in this Article shall be borne by the concluding enterprises and organizations.
Article 5
Joint Commission
1. In order to coordinate the implementation of the provisions of this Agreement, the Parties agree shall establish a Joint Ukrainian-Brazilian Commission on Military-Technical Cooperation (hereinafter referred to as the “Commission”).
2. The “Commission” shall consist of representatives from the Ministry of Economic Development and Trade and the Ministry of Defense, for the Ukrainian Party, and representatives from the Ministry of Defense of Brazil, and, where appropriate, any other institutions that may be co-opted by the Parties.
3. The place and date for meetings of the “Commission” shall be defined by common agreement between the Parties, without detriment to other existing bilateral mechanisms.
Article 6
Third Parties
None of the Parties shall sell or hand over to a third party without preliminary written consent of the other Party military goods/equipment, technology and technical documentation obtained or received within the framework of this Agreement or during the fulfillment of contracts, projects and programs, concluded according to this Agreement.
Article 7
Protection of Classified Information
The protection of classified information, which may be transferred, received or generated in the course of implementation of the present Agreement, shall be established by the Parties in a separate agreement.
Article 8
Protection of Intellectual Property and Results of Intellectual Activity
The protection of intellectual property and results of intellectual activity in the course of implementation of the present Agreement shall be established by the Parties in a separate agreement.
Article 9
Dispute Settlement
1. Any dispute regarding the interpretation and implementation of the provisions of the present Agreement that may occur between the Parties or the competent bodies shall be settled, at a first instance, through direct negotiations and consultations between the competent bodies and, when necessary, through direct negotiations, via diplomatic channels.
2. During the dispute settlement both Parties shall continue to fulfill all their obligations in accordance with the present Agreement.
3. Any dispute settlement proceedings shall be conducted by the Parties on a confidential basis.
Article 10
Final Provisions
1. The present Agreement shall enter into force 30 (thirty) days upon the receipt of the last written notification, through diplomatic channels, of the fulfillment by the Parties of their respective internal procedures for the entry into force of the present Agreement.
2. The present Agreement shall remain in force for a five-year period and will be automatically extended for successive five-year periods, unless either of the Parties notifies in writing the other Party of its intention to terminate the present Agreement no later than six months before the expiration of the relevant period.
3. The termination of the present Agreement does not affect the obligations undertaken by the Parties under its articles 4, 5, 6 e 7 unless otherwise agreed upon by the Parties.
4. The termination of the present Agreement shall not affect any arrangements, programmes and contracts established under the present Agreement prior to its termination, unless otherwise agreed upon by the Parties.
5. The present Agreement may be amended or revised by written mutual consent of the Parties, through relevant Protocols, through diplomatic channels. These Protocols shall thereafter be considered as an integral part of the present Agreement.
Done at Brasília, on October 25, 2011, in two original copies in Portuguese, Ukrainian and English, each being equally authentic. In case of any divergence in the interpretation of the present Agreement, the English text shall be used.
