D O C U M E N T S    S I G N E D

Documents signed between India and China during Prime Minister Atal Bihari Vajpayee's visit to China

Memorandum between the Government of the Republic of India and the Government of the People’s Republic of China on Expanding Border Trade, 23 June 2003

The Government of the Republic of India and the Government of the People’s Republic of China (hereinafter referred to as the two sides), 

With a view to promoting the development of friendly relations between the two countries and two people’s, 

Pursuant to the Memorandum between the Government of the Republic of India and the Government of the People’s Republic of China on the Resumption of Border Trade signed on 13 December 1991, and Protocol on Entry and Exit Procedures for Border Trade signed on 1 July 1992, 

Desirous of opening another pass on the India-China border and setting up an additional point on each side for border trade, 

Have agreed as follows:

Article I

Article II

The two sides agree to use Nathula as the pass for entry and exit of persons, means of transport and commodities engaged in border trade.  Each side shall establish checkpoints at appropriate locations to monitor and manage their entry and exit through the Nathula Pass.

Article III

All the provisions of the Memorandum on the Resumption of Border Trade signed between the two Governments on 13 December 1991 and the Protocol on Entry and Exit Procedures for Border Trade signed between the two Governments on 1 July 1992 under the Memorandum shall also be applicable to the border trade through the Nathula Pass.

Article IV

This Memorandum may be amended or supplemented by agreement in writing between the two sides.

Article V

Done in Beijing on 23 June 2003 in two originals each in the Hindi, Chinese and English languages, the three texts being equally authentic.

(1) Memorandum of Understanding on Cooperation between the Ministry of Law and Justice of the Government of the Republic of India and the Supreme People’s Prosecution Service of the People’s Republic of China.

(Signatories: Shri Yashwant Sinha, External Affairs Minister and Mr. Jia Chunwang, Procurator General on the Chinese side)

The MoU envisages facilitating closer cooperation in the judicial field between India and China, through the exchange of information, experience in legal matters, including drafting of laws and implementation of legal provisions, exchange of experience and best practices, mutual support for training public prosecutors and auxiliary judicial personnel, and cooperation in other legal and judicial matters of interest to both countries. The MoU also provides for setting up of expert working groups, facilitation of direct contacts, conduct of joint seminars and exchange of experts to meet its objective of cooperation in the judicial field. Seminars and conferences on issues of mutual interest will also be organized.

(2) Executive Programme on Educational Cooperation and Exchange between the Ministry of Human Resource Development, Government of the Republic of India and the Ministry of Education, The People’s Republic of China.

(Signatories: Shri Yashwant Sinha, External Affairs Minister and Mr. Zhou Ji, Minister for Education on the Chinese side)

Under this executive programme, both sides aim to consolidate and strengthen mutual cooperation in the field of education, through sharing of experiences between educational administrators and through the study of educational systems and innovative education programmes in each country. The two sides agree to exchange views and conduct discussion on mutual recognition of academic degrees. They will also cooperate in such areas as the development of curricula for primary and secondary school education, exchange of teaching materials, teaching methodologies as well as the feasibility of conducting joint research in various modes of pre-research and in-service teachers’ training and will examine the possibility of jointly establishing a Demonstration Centre for Teacher Training. They will also take measures to encourage higher education institutions from their respective countries to establish direct exchange and cooperation through exchange of lecturers, scholars, books, research materials and audio-visual aids, holding of joint seminars/symposia etc. They have noted the importance of student exchange programmes in various areas including IT and have provided for 25 post-graduate scholarships to be offered annually by both countries. They have also agreed to exchange two language teachers in Hindi and Chinese respectively. This programme will be valid from June 2003 to 2006 and will be extended for another three years if both sides so agree.

(3) Protocol of Phyto-Sanitary Requirements for Exporting Mangoes from India to China between the Ministry of Agriculture of the Republic of India and General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China.

(Signatories: Shri Yashwant Sinha, External Affairs Minister and Mr. Li Changjiang, Head of AQSIQ on the Chinese side)

Under the India-China bilateral WTO accession agreement of February 2000, both sides agreed to sign a Sanitary and Phyto-Sanitary (SPS) protocol to facilitate exports of Indian fresh fruits and vegetables to China. An umbrella MoU on the Application of Phyto-Sanitary Measures was signed during the visit of Premier Zhu Rongji in January 2002. India proposed 17 categories of fruit and vegetables (including mangoes, guavas, grapes, papayas, melons, gherkins, cucumbers, beans, aubergines, capsicums, gourds etc) for coverage under this MoU. The Chinese side decided to deal with each item separately. The first item taken up for consideration under this procedure was the mango. After completion of a Pest Risk Analysis and detailed negotiations, agreement has now been reached on procedures relating to inspection, certification, packaging and labelling of all consignments of mangoes to be exported to China from India. Now that we have a basic understanding of the relevant procedures, it is hoped that agreement on similar protocols for all the other identified fruits and vegetables can be concluded expeditiously.

(4) Memorandum of Understanding on Simplifying Visa Procedures between the Government of the Republic of India and the Government of the People’s Republic of China.

(Signatories: Shri Kanwal Sibal, Foreign Secretary on the Indian side and Mr. Wang Yi, Vice Foreign Minister on the Chinese side)

This MoU lays down mutually agreed procedures for the issue of visas in various categories (business, employment, tourism, students, conferences and other short-term academic and cultural exchanges etc.) for private passport holders and on the Chinese side, also for holders of “ordinary passports for public affairs” who are mainly employees of state owned enterprises. This MoU provides clarity on the kind of documentation required for various visas and on the duration and validity of visas issued for different purposes. This will help streamline the process of obtaining visas for businessmen, tourists, students, academics and other experts travelling to each other’s countries and will serve to promote people-to-people interaction.

(5) Memorandum of Understanding for Enhanced Cooperation in the field of Renewable Energy between the Ministry of Non-Conventional Energy Sources, Government of the Republic of India and the Ministry of Water Resources, Government of People’s Republic of China.

(Signatories: Shri Kanwal Sibal, Foreign Secretary on the Indian side and Mr. Wang Yi, Vice Foreign Minister on the Chinese side)

This MOU seeks to establish cooperation in the field of small hydropower, wind power and other areas of renewable energy through joint research and development activities, exchange of technical expertise and information networking. The ultimate objective is to commercialise the result of such cooperation, create business opportunities and facilitate sustainable market development in an environmentally responsible manner. Areas of cooperation will be defined by mutual consent in accordance with the interest of experience of the scientific, technological and industrial institutions and personnel of the two countries and the facilities available. The MOU provides for exchange of scientific and technological problems, formulation and implementation of joint research and development and demonstration projects on application of renewable energy technologies for augmenting energy availability in a cost-effective manner, training of personnel and setting up of technical demonstration projects in areas of renewable energy.

(6) Memorandum of Understanding for Cooperation in the field of Ocean Science and Technology between Department of Ocean Development, Government of the Republic of India and State Oceanic Administration, People’s Republic of China.

(Signatories: Shri Kanwal Sibal, Foreign Secretary on the Indian side and Mr. Wang Yi, Vice Foreign Minister on the Chinese side)

This MOU aims at promoting development and cooperation in areas such as integrated coastal zone management, sea-bed resources exploration and exploitation technology, polar science, ocean energy, gas hydrate exploration and exploitation technology, marine resources assessment, seaweed production and processing, satellite oceanography and other fields of marine science of mutual interest to both sides. Such cooperation will be developed through the exchange of scientists, research workers, specialists and scholars; exchange of marine data and information; organization of bilateral symposium, training courses and seminars; joint identification of marine problems, projects and planning and their formulation and implementation; exchange of experience and know-how gained through development and activities in marine science and technology; mutual supply of equipment; utilization of facilities for R&D and other such mutually agreed means of cooperation.

(7) Memorandum of Understanding between the Department of Science & Technology of the Republic of India and the National Science Foundation of China.

(Signatories: Shri Shivshankar Menon, Ambassador of India and Mr. Wang Yi, Vice Foreign Minister on the Chinese side)

The MoU provides for maintenance and development of cooperative research activities in the field of natural sciences within the framework of the Agreement on Cooperation in Science and Technology between the Government of India and the Government of the People’s Republic of China signed on 22 December 1988 in Beijing. The objective will be to ensure that the cooperation will bring real benefits to the development of science and technology in both countries. Collaborative activities will be undertaken in the fields of natural sciences with emphasis on Physical Sciences, Mathematical Sciences, Chemical Sciences and Biological Sciences. It recognizes that as a first step, a practical means of initiating collaboration between scientists of the two countries is provided by holding meetings of equal numbers of researchers ( to be known as N+N meetings) from each side alternatively in India and China. Other forms of collaboration, including individual outgoing and incoming visits by leading scientists and joint research in areas on subjects identified as a priority by scientists of both sides will be based on the relationship built by N+N meetings, or on other established relationships. Priority areas for cooperation will be identified as also a framework of cooperation for each selected area (key institutions, key persons, forms of cooperation, financing etc.) The MOU also provides for periodic reviews of on-going programmes and for the exchange of information.

(8) Memorandum of Understanding between the Government of the Republic of India and the Government of the People’s Republic of China on the Reciprocal Establishment of Cultural Centres in their Capitals.

(Signatories: Shri Kanwal Sibal, Foreign Secretary on the Indian side and Mme Meng Xiaosi, Vice-Minister of Culture on the Chinese side)

This MoU reflects the agreement reached in principle by both sides to establish independent cultural centers in each other’s capital cities. Relevant details such as location, staffing patterns, broad consensus on activities to be undertaken by the centres and so on will be worked out through mutual  negotiations in the near future.

(9) Executive Programme of Cultural Exchanges between the Government of the Republic of India and the Government of the People’s Republic of China for the years 2003-2005.

(Signatories: Shri Kanwal Sibal, Foreign Secretary on the Indian side and Mme Meng Xiaosi, Vice-Minister of Culture on the Chinese side)

The Executive Programme of Cultural Exchanges (CEP) provides for exchange of cultural troupes, art exhibitions, and cultural festivals, cooperation in the fields of archaeology and library science, cooperation between the National Museum, National Gallery of Modern Art, National Library, Sangeet Natak Akademi, Lalit Kala Akademi and their respective Chinese counterparts etc. It also provides for interaction in the fields of youth affairs and sports, social sciences and mass media, including exchange of radio and TV programmes and training of personnel in radio, TV and films. This is a programme valid for the period June 2003 – 2005. There is, however, a provision which states that after June 2005, this agreement will remain operative till such time as a new CEP is negotiated and formalized.

(Source: The Indian Ministry of External Affairs website http://www.meadev.nic.in/)