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MEMORANDUM OF UNDERSTANDING

FOR
A DEVELOPMENT COOPERATION PARTNERSHIP
between
Ministry of Commerce (MOFCOM)
of the Peoples Republic of China
and
The Australian Agency for International Development
(AusAID)
of the Government of Australia
1. The Ministry of Commerce of the People's Republic of China (MOFCOM) and the
Australian Agency for International Development (AusAID) of the Government of
Australia (hereinafter referred to as "the Participants") share a common interest in
reducing poverty, advancing development and promoting stability in the world, and
particularly in the Asia Pacific region. To this end the Participants will:
Explore practical means by which to strengthen cooperation and collaboration in line
with each Participants respective key policy documents
Work together, as appropriate, to achieve shared objectives on issues of global or
regional importance
Work together to reduce global poverty and promote achievement of the Millennium
Development Goals (and, post-2015, any new global development goals which are
accepted by both Participants).
Partnership Principles
2. Cooperation and collaboration on development will be guided by the following
principles:
Mutual respect for the contribution of each Participant, and recognition that each has
different skills, attributes and strengths
Recognition of the comparative advantage each Participant brings to the planning and
delivery of development assistance

Inclusivity, including collaboration with other key bilateral and multilateral


development partners where appropriate.
Priority areas for cooperation and collaboration
3. Sectors for cooperation and collaboration include (but are not limited to) global poverty
reduction, health, water, environmental sustainability, economic and fiscal reform, food
security and humanitarian assistance.
4. In addition, the Participants acknowledge that this MOU will not affect the existing
technical cooperation program between the Government of Australia and the Peoples
Republic of China in human rights and in the health sector in the Tibet Autonomous
Region.
5. This MOU does not prescribe the detail of any individual cooperation activity, each of
which would need to be specifically approved with the appropriate representatives from
each Government as they arise.
Transparency
6. The Participants acknowledge that this MOU will be a public document and each
Participant may publish information regarding the cooperation activities implemented
under this MOU.
Child Protection
7. The Participants will ensure that children are protected from all forms of abuse in
connection with cooperation activities implemented under this MOU.
Implementation and Review
8. MOFCOM Minister, or his/her delegate will oversee cooperation activities for China.
9. AusAID Director General, or his/her delegate, will oversee cooperation activities for
Australia.
10. This MOU will be reviewed by the Participants at a development cooperation working
group to be established under the existing framework of the Joint Ministerial Economic
Commission (JMEC).
Settlement of Differences
11. This MOU serves only as a record of the Participants intentions and does not constitute
or create (and is not intended to create) rights or obligations under domestic or
international law and will not give rise to any legal process and will not be deemed to
constitute or create any legally binding or enforceable rights or obligations (expressed or
implied). Any dispute, controversy, or claim, which arises out of the interpretation or

application of this MOU will not be subject to adjudication or arbitration, but will instead
be dealt with through amicable consultations and negotiations as the only method of
achieving the peaceful settlement of that dispute, controversy, or claim.
Prevention of Financing of Terrorism
12. The Participants are firmly committed to the international fight against terrorism and, in
particular, the financing of terrorism consistent with United Nations Security Council
regulations relating to terrorism and the International Convention for the Suppression of
the Financing of Terrorism.
13. The Participants will cooperate to ensure that any funding provided by either Participant
for a cooperation activity is not used, directly or indirectly, to provide support to
individuals or entities associated with terrorism. If a Participant discovers that funding
provided for a cooperation activity has been used contrary to this paragraph, it will
inform the other Participant immediately.
Amendment
14. This MOU may be amended at any time by mutual arrangement in writing in the form of
a formal exchange of letters between the Participants.
Duration
15. This MOU will come into effect on the date of signature by both Participants and will
remain in effect until suspended or discontinued.
16. Either Participant may suspend or discontinue this MOU, in whole or in part, by
providing advance notice in writing to the other Participant of its decision to do so.
17. The suspension or discontinuation of this MOU will not affect any existing approved
individual cooperation activity, unless stated otherwise in the arrangements for that
activity or the Participants otherwise mutually arrange.
18. This MOU is done in duplicate in Chinese and English, both texts being equally
authentic. In case of divergence, the English text shall prevail.
Signed at Beijing this 9th day of April 2013.
For the Government of Australia represented by

For the Peoples Republic of China represented


by

__________________________
Senator the Hon Bob Carr
Minister for Foreign Affairs

_________________________
H.E Gao Hucheng
Minister of Commerce

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