Memorandum of Understanding between the Government of Australia and the Government of The Federative Republic of Brazil for the establishment of an enhanced partnership

The Government of Australia and The Government of the Federative Republic of Brazil (hereinafter referred to as the "Governments"),

Have reached the following understanding:

Section One: A New Architecture for Enhanced Relations

A. Australia-Brazil Foreign and Trade Policy Ministerial Consultations

1. The Governments establish the Australia-Brazil Foreign and Trade Policy Ministerial Consultations, which will be held by ministers with responsibility for foreign policy or international trade policy (or both foreign and international trade policy).

2. Such ministerial meetings will alternatively be held in Australia and Brazil at least every two years or at any opportunity provided by international events, on dates and with agendas which will be mutually determined through diplomatic channels.

B. Regular high-level political dialogue on areas of mutual interest and concern

1. The Governments of Australia and Brazil decide to encourage opportunities for further dialogue on areas of mutual interest as set out in this Memorandum of Understanding, involving government and civil society representatives, as appropriate and as mutually determined, including by taking advantage of opportunities for consultations in the margins of international meetings.

2. The two Governments will encourage exchanges and visits between Ministers of both Governments and high level government officials.

C. Senior Officials Meetings

In order to support enhanced Foreign and Trade policy Ministerial consultations, Senior Officials in charge of foreign and trade policy decide to hold meetings at least once every two years, accompanied, when deemed appropriate, by officials in charge of other policy areas under discussion.

Section Two: Areas of Mutual Interest

A. Trade and Investment

1. In addition to the existing close cooperation on multilateral trade issues, particularly through the WTO and Cairns Group, the Governments of Australia and Brazil decide to establish a bilateral Trade and Investment Facilitation and Promotion Group.

2, The Trade and Investment Facilitation and Promotion Group will explore possibilities for trade and investment promotion and identify trade and investment opportunities in both countries; including increasing awareness of industrial capabilities and investment opportunities in both countries, identification of emerging priority sectors, and the development of measures to facilitate trade and investment flows.

3. Both Governments will encourage their respective private sectors to reinvigorate and encourage established Chambers of Commerce, with a view to exploring new opportunities in Australia and Brazil including possible joint initiatives to improve trade and investment bilateral flows.

4. Both Governments will consider initiatives to strengthen the economic and commercial relationship between Australia and Brazil.

5. Both Governments will continue to support the CER-Mercosul Dialogue and explore opportunities to enhance trade and investment between the two regions.

6. Both governments decide to negotiate an agreement for the avoidance of double taxation in respect to taxes on income.

B. Science and Technology

1. The Governments of Australia and Brazil decide to pursue the conclusion of a Framework Agreement on Science and Technology between Australia and Brazil.

2. Both Governments decide to explore the possibility of developing common projects of research and development, in areas such as Agriculture, Mining, Energy, Biotechnology, Nanotechnology and Space Sciences.

3. Both Governments welcome the conclusion of a Memorandum of Understanding on expanding cooperation on science and research between the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and EMBRAPA.

C. Agriculture, Sanitary and Phytosanitary Matters

1. Consistent with the intent of the Memorandum of Understanding between the Government of the Government of Australia and the Federative Republic of Brazil on Cooperation in Sanitary Matters, signed in Sydney on April 2nd 1998, the Governments reaffirm the importance of ongoing dialogue and cooperation in the SPS and agriculture spheres.

2. The Governments decide to hold bilateral discussions as required and mutually agreed to discuss a range of agriculture related issues, acknowledging the importance of this sector to both economies.

3. To facilitate cooperation activities, the Governments designate the following Contact Points:

  1. For the Australian Government, Department of Agriculture Fisheries & Forestry, General Manager of the Bilateral Trade Branch, Trade & Market Access Division; and
  2. For the Government of the Federative Republic of Brazil, the Brazilian Ministry of Agriculture, Livestock and Supply.

4. Cooperation between both Governments can be undertaken through the following means:

  1. Exchange of information and documents relating to matters of mutual concern or interest in relation to agriculture, livestock and food;
  2. Coordination on agricultural and food trade matters in international fora, including Codex, IPPC, and OIE;
  3. Promotion of cooperation between industry representatives in both countries to foster closer commercial linkages in agricultural trade, marketing and investment as required;
  4. Bilateral dialogue to facilitate information exchange about research on agricultural, livestock and food trade matters;
  5. Exchange of information on research and development policies and programs;
  6. Exchange of information on progress in considering market access and SPS requests; and
  7. Any other modality mutually arranged by the Governments.

D. Development Cooperation

The Governments of Australia and Brazil decide to strengthen existing cooperation in the field of Development Cooperation, including trilateral development cooperation projects in mutually-determined countries.

E. Mining and Energy (Including Biofuels)

1. The Governments of Australia and Brazil decide to strengthen existing cooperation on Mining and Energy issues.

2. The Governments decide to deepen the dialogue on opportunities for trade and investment in the resources sector, resource supply, mining and energy technology, services and equipment, as well as renewable energy sources, including bioenergy and biofuels.

3. The dialogue referred to in paragraph 2 above will encompass policy options to promote the increase of renewable energy in the global energy mix.

F. Sports

1. The Governments of Australia and Brazil decide to explore opportunities to cooperate in sports.

2. The Governments will discuss proposals for the exchange of experience and information on sports and on hosting major sports events. World Cups and Olympic and Paralympic Games are to be jointly considered by the Governments on the basis of reciprocity and mutual benefit.

3. Both Governments will exchange information on commercial opportunities for Australian and Brazilian businesses, related to the hosting of major sporting events in Australia and Brazil, including but not limited to the 2014 FIFA World Cup, and the 2016 Olympic Games, such as the design, construction and management of sporting facilities, staging of major sporting events, technical textiles and materials, and sports medicine.

4. Both Governments will undertake, whenever possible, initiatives to promote cultural activities during those events; and other sport exchanges.

G. Education and Training

1. The Memorandum of Understanding on Cooperation in the field of education and training signed in 2005 will be reviewed and revised to reflect current priorities.

2. The links made under this Memorandum will continue to be advanced by the Governments through engagement in cooperative activities to exchange knowledge and practices that further the achievement of mutual objectives.

3. These cooperative activities will be enhanced through the provision, by the Australian Government, of awards for Brazilian students to study in Australia under the Australia Awards. The provision of awards will be subject to regular review by the Australian Government.

H. Financial Services

1. Recognising the strength of the financial services sectors in Australia and Brazil, and the resilience of both economies, both Governments decide:

a) to promote deeper engagement between our financial services sectors including banks, financial services providers and fund managers; and

b) encourage initiatives to raise awareness of the regulatory environments in each country, to facilitate investment in the sector and to support industry initiatives to promote co-operation and best practice.

I. Visas

The Governments of Australia and Brazil decide to work together to identify ways to facilitate the visa application process and streamline the processing of visa applications to facilitate the movement of people between their respective countries.

J. Culture

The Governments of Australia and Brazil decide to promote further cultural exchanges between both countries.

K. Legal Cooperation

The Governments of Australia and Brazil consent to enhance cooperation in legal issues, including through progressing measures to finalise the Treaty on Mutual Assistance in Criminal Matters and the Treaty on the International Transfer of Sentenced Persons.

L. Regional Security

The Governments of Australia and Brazil will seek to conduct a POL-MIL dialogue at officials level at a mutually-determined time.

M. Sustainable Development

The Governments of Australia and Brazil, recognising the high priority that must be given to the sustainable development agenda, decide to hold a regular dialogue on sustainable development.

N. Environment

The Governments of Australia and Brazil decide to hold a regular dialogue on environment issues, including climate change, forests, biodiversity and environmental governance.

O. Multilateral Issues

1. The Governments of Australia and Brazil decide to strengthen their cooperation and dialogue in the following areas:

a) Global Governance, including G20 and international financial institutions;

b) Human Rights, including the rights of indigenous peoples;

c) Disarmament and Non-Proliferation;

d) United Nations Reform; and

e) Cooperation on Regional fora including FEALAC.

2. The Governments decide to create appropriate mechanisms for this purpose within the framework of the Australia-Brazil Foreign and Trade Policy Ministerial Consultations.

Section Three: Final arrangements

1. Study or Work Groups may be set up by mutual consent to implement the activities of cooperation under this Memorandum of Understanding. Each delegation may invite other related authorities when appropriate, taking into consideration the agenda of the meetings.

2. This Memorandum of Understanding takes effect on the date of its signing, and will remain valid until either Government informs the other at least six months beforehand through diplomatic channels of its decision to terminate or suspend this Memorandum.

3. This Memorandum of Understanding may be amended at any time, by mutual consent of the Governments, through diplomatic channels.

4. Any dispute relating to the interpretation or implementation of this Memorandum of Understanding will be solved by direct negotiation between the Governments, through diplomatic channels.

5. This Memorandum of Understanding replaces the Memorandum of Understanding between the Government of Australia and the Government of the Federative Republic of Brazil for the Consultations on Matters of Common Interest signed in Brasilia, on August 27th 1990.

Signed in ……………….., on ……………………2010, in two original versions, in English and Portuguese, both texts being equally valid.

FOR THE GOVERNMENT OF AUSTRALIA

FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL