Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:
The agreement between the Government of the French Republic and the Government of the Republic of Kenya on scientific and technological cooperation within the framework of the partnership Hubert Curien (PHC) " PAMOJA", signed in Nairobi on 5 May 2015, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
AGREEMENT
ENTER THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE KENYA REPUBLIC ON SCIENTIFIC AND TECHNOLOGICAL COOPERATION IN THE FRAMEWORK OF THE CURIAN HUBERT PARTNER (PHC) " PAMOJA", SIGNED TO NAIROBI THE 5 MAY 2015
The Government of the French Republic and the Government of the Republic of Kenya
referred to as "Parties"
RECOGNIZE their mutual interest in establishing a bilateral cooperation programme to strengthen scientific and technological cooperation between France and Kenya as part of an expansion of the bilateral agreement between the Kenya Ministry of Education, Science and Technology (MoEST) and the French research institutes (2014-2019). The objective of the Hubert Curien Partnership (PHC) is to enable universities, research institutes and Kenyan researchers to collaborate with a wider range of French research universities and organizations,
Convinced that mutual scientific and technological cooperation in joint research and development projects promotes development opportunities in France and Kenya,
Recognizing that educational, scientific, technological and innovation cooperation enables a better mutual understanding between the peoples of the two countries,
The following provisions were agreed:
Article 1
Definitions
For the purposes of this Agreement and unless otherwise stated:
- "MoEST" means the Kenyan Ministry of Education, Science and Technology;
- " MAEDl" means the French Ministry of Foreign Affairs and International Development;
- "MENESR" means the French Ministry of Education, Higher Education and Research;
- "MEIRIES" means the European and International Mission for Research, Innovation and Higher Education of the French Ministry of National Education, Higher Education and Research;
- "EFTP" refers to technical and professional education and training;
- "PHC" means the Hubert Curien Partnership;
- "CMD" means the Joint Steering Committee.
Article 2
Programme name
The Agreement Hubert Curien franco-kényan is called "Pamoja", a Swahili word that means "together".
Article 3
Objectives of the Agreement
The objectives of the programme are:
(a) Support and promote scientific and technological cooperation between French and Kenyan researchers in public institutions;
(b) encourage the establishment of new links and partnerships as well as the development of innovative ideas of excellence and capacity-building among young researchers;
(c) To promote exchanges between researchers by supporting mobility between the two countries; and
(d) Developing synergies between the two scientific communities to create a sustainable network.
Article 4
Method of cooperation
A call for applications is launched each year to identify proposals for strategically targeted, high-quality research and innovation projects between French and Kenyan researchers.
Article 5
5.1 Scope of application of this Agreement
The cooperation between the MoEST and the MAEDI covers all areas of priority, with particular attention to the following areas:
(a) Space science and technology;
(b) biotechnology and biological sciences (health, agriculture and biomathematics in particular);
(c) Energy science and technology;
(d) Information technology;
(e) Environmental science;
(f) Social sciences, letters and humanities;
g) engineering sciences and built domain.
Teachers and researchers working in the field of EFTP are an integral part of the program.
5.2 Criteria for establishing scientific and research teams
Each project is followed by two scientific coordinators: one in France and the other in Kenya. Both are responsible for the scientific, technical and administrative coordination of the project and the preparation of annual scientific and financial reports.
5.3 Project selection criteria
Only applications submitted jointly by partners in their respective countries are eligible.
The projects are selected according to the following criteria:
(a) scientific and technical quality;
(b) feasibility;
(c) methodology;
(d) interest in the international context;
(e) alignment with national priorities;
(f) participation of PhD students and young researchers.
Particular emphasis is placed on capacity-building and training of young researchers.
5.4 Project selection process
The projects are reviewed and evaluated by two expert committees, one French and the other Kenyan.
The final funding decision is taken jointly by the French and Kenyan authorities on the basis of the scientific evaluation of the project.
5.5 Modalities for the implementation of selected projects.
Parties support the mobility of researchers (including PhD students and young researchers) between the two countries, taking into account in particular the following aspects:
(a) International flights;
(b) accommodation;
(c) compensation and travel on site.
Article 6
Governance of projects funded under the PHC programme
1. "Pamoja" means the PHC programme implemented between France and Kenya. This program is implemented in France by the Ministry of Foreign Affairs and International Development, in partnership with the European and International Mission for Research, Innovation and Higher Education of the Ministry of National Education, Higher Education and Research, represented in Kenya by the French Embassy and Kenya by the Ministry of Education, Science and Technology, through the National Commission for Science, Technology and Technology.
2. The CMD is composed of representatives:
(a) the French Ministry of Foreign Affairs and International Development;
(b) the Kenya Ministry of Education, Science and Technology;
(c) the National Commission for Science, Technology and Innovation (NACOSTI) or any other body designated by the Kenya Ministry of Education, Science and Technology to participate in the program;
d) of the French Ministry of Education, Higher Education and Research.
3. Representatives of other government departments and agencies (French or Kenyan) may be invited to participate as observers in meetings as required.
4. Each Party is represented by the same number of delegates.
5. The CMD is responsible for:
(a) the organization of applications and the definition of research areas that may be supported by the program;
(b) selection of programme projects;
(c) the identification and implementation of modalities to improve the effectiveness of the cooperation programme;
(d) reflection on other activities to strengthen the strategy of scientific and technological cooperation.
6. CMD meets annually by videoconference; the meeting is chaired alternately by France and Kenya.
7. The Parties shall establish their own procedures and guidelines for assessing applications received in the context of appeals for applications and for the collection of expert opinions and comments on scientific issues related to Franco-Kenyan scientific and technological cooperation.
8. The CMD sets up a common pre-selection procedure for projects by funding expert groups.
Article 7
Organization of the PHC Programme
The following elements are essential to the cooperation programme:
(a) selection criteria, nomination forms and other administrative aspects defined by the Joint Steering Committee;
b) the call for applications is open to public sector researchers;
(c) France and Kenya review nominations separately based on the selection criteria identified in common and establish a ranking based on their scientific quality and value;
(d) each Party shall apply its own procedures to enter into a contract with the successful candidates, specifying the terms and conditions of funding and the monitoring and reporting requirements;
(e) the final decision on the financing by the Government of France of the projects implemented under this Agreement is within the purview of the French Ministry of Foreign Affairs and International Development;
f) the Commission for Science, Technology and Innovation (NACOSTI) is the official implementing agency of the program on behalf of the Ministry of Education, Science and Technology. The decision on the financing by the Government of Kenya of the projects implemented under this Agreement is the responsibility of the MoEST.
Article 8
Intellectual property rights questions
The distribution of intellectual property rights and the use of research results are defined by the two teams of scientific experts, in accordance with the laws and regulations in force in both countries, prior to the launch of each selected program.
Article 9
Financing of the PHC programme
Both Parties, within the limits of their current operating budget normally within their usual competence, agree and decide on the level of contribution to the programme funding.
Funding is granted for a maximum of 2 years in total with the possibility of one year extension, which must be justified by exceptional circumstances.
Each Party may transmit the selected proposals to other funding institutions or organizations that, after consideration, may decide to provide additional funding to the program.
If a third party provides additional funding to a project, the Party at the origin of the initiative seeks the consent of the other Party and ensures that the issues of intellectual property rights are dealt with in amicably.
Article 10
Review of programme activities
The selected project coordinators provide annual activity reports and financial reports to Parties.
Effective from the entry into force of this Agreement, the effectiveness and interest of PHC Pamoja are subject to a joint evaluation every two years.
The objective of this evaluation is to determine to what extent PHC Pamoja has achieved the long-term objectives set out in Article 3 and to propose, where appropriate, changes to improve the program.
Article 11
Settlement of disputes
In the event of a dispute over the interpretation and/or application of this Agreement, a friendly solution is first sought through bilateral negotiations through diplomatic channels.
Article 12
Confidentiality
1. Each Party undertakes to preserve the confidentiality and secrecy of information, documents and data exchanged with the other Party in the context of the implementation of this Agreement, the disclosure of which may prejudice the common interest of both Parties.
2. In the event of denunciation of this Agreement, the Parties agree that the principle of confidentiality protection continues to apply to projects signed prior to denunciation and that are not yet completed.
Article 13
Duration
This Agreement shall enter into force for a period of five (5) years from the date of its signature by the Parties; may be extended or amended by mutual written consent. Any Party wishing to extend this Agreement shall inform the other Party of its intention six (6) months before its expiry.
Article 14
Amendments
This Agreement may be amended and/or amended as necessary by mutual written consent between the Parties.
Unless otherwise agreed, amendments/amendments shall take effect from the date of mutual consent between the two Parties.
Article 15
Denunciation
Either Party may denounce this Agreement on a written notice of six (6) months to the other Party.
In the event of denunciation of this Agreement, the project(s) signed before denunciation shall continue until the scheduled date of completion.
The provisions of this Agreement concerning confidentiality, publications or intellectual property rights remain in force beyond its denunciation, to the extent necessary.
Article 16
Notifications
Any notifications and other communications to be served by a Party under this Agreement shall be deemed duly received when they are delivered by fax, mail or e-mail (e-mail) to the Party concerned at the address indicated below:
For the Ministry of Foreign Affairs and International Development:
S. E M. l'Ambassadeur
Embassy of France
Barclays Plaza, 9th Floor
Loita Street
P.O. Box 41784-00100
NAIROBI
Telephone: + 254-020-2778000
Fax: + 254-020-2778181
E-mail: ambafrance.nairobi@diplomatie.gouv.fr
For the Kenya Ministry of Education, Science and Technology:
The Principal Secretary
State Department of Science and Technology
Ministry of Education Science and Technology
P.O. Box 9583- 00200
NAIROBI
Telephone: + 254-020-318581
Fax: + 254-020-2251991
E-mail: ps@scienceandtechnology.go.ke
Done in Nairobi on 5 May 2015, in two original copies, in French and English, both texts being equally authentic.
For the Government of the French Republic Mr. Rémi Maréchaux
Ambassador of France to Kenya
For the Government of the Republic of Kenya Prof. Jacob Kaimenyi
Minister of Education, Science and Technology
Done on September 18, 2015.
François Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
Minister for Foreign Affairs and International Development,
Laurent Fabius
