Memorandum of Understanding
between
the International Trade Centre (ITC)
and
Bio Romania
WHEREAS the International Trade Centre (ITC) (hereinafter referred to as “ITC”), with headquarters at Geneva, Switzerland, the development partner for export success, is the joint technical cooperation agency of the World Trade Organization and the United Nations.
WHEREAS ITC in its aim to contribute to the achievement of the Millennium Development Goals, generates sustainable incomes and livelihoods especially for poor households, by connecting enterprises to global markets and enables small business export success in developing and transition countries by providing, with partners, inclusive and sustainable trade development solutions to the private sector, trade support institutions and policy-makers;
WHEREAS ITC aspires to hold up the values of vision, integrity, pragmatism, excellence and responsiveness;
WHEREAS Bio Romania (hereinafter, where appropriate, referred to as the “Partner”), with headquarters in Bucharest, is an association representing and supporting the interests of all types of operators practicing organic agriculture or promoting organic products;
WHEREAS Bio Romania has expressed interest in co-organizing the Organic Marketing Forum in Romania, which is organized jointly by ITC and EkoConnect (International Centre for Organic Agriculture of Central and Eastern Europe), within ITC’s project Sustainable Export Development in Romania (RER/61/109);
NOW, THEREFORE, ITC and the Partner (collectively, the “Parties”) have agreed to the following:
Article 1 PURPOSE
The purpose of this Memorandum of Understanding, hereinafter referred to as the MOU, is to provide the framework for a Partnership arrangement between the Partner and ITC for the organization of the Organic Marketing Forum, which is scheduled to take place in 22st - 23rd of October 2009 in Bucharest. The Organic Marketing Forum is a conference on organic processing and trade, serving as a platform for know-how exchange between Romania and the international organic agriculture stakeholders, and accompanied by a small organic food exhibition. An excursion to organic (food) companies in the region of Bucharest may be organized by the Partner.
Article 2 AREAS OF COOPERATION
ITC’s responsibility, is to coordinate, and to undertake the following tasks during the preparation and the execution of the planned event
- Select the location and time for the event, based on the recommendations of the National Project Manager, EkoConnect and the Partner;
- Monitor the preparation of the event’s background note and agenda;
- Provide expertise (ITC’s experts, and national consultants), including arrangement of their travel;
- Invite additional applicants for participation, as applicable;
- Review the list of participants (matching the profile) received from the Partner, in close cooperation with the National Project Manager, EkoConnect and the Partner;
- Advise the Partner on logistics and organisational matters related to the organisation of the event;
- Monitor the design and adaptation of the material for the event, and make sure it is delivered on time for the event;
- Conduct the event as per the agreed agenda (only if a sufficient number of participants are gathered (minimum 50 participants);
- Carry out the follow-up work with participants, if necessary, in close collaboration with EkoConnect and the Partner.
The Partner’s responsibility, is to coordinate, and to undertake the following tasks during the preparation and execution of the planned event
a. Preparation:
- Agree to cooperate with ITC to organize and manage the event at national level;
- Nominate a person within the organization to carry responsibility for its implementation;
- Facilitate advertising of the event through its own channels;
- Identify and recommend individuals and institutions who should be invited to the event (matching the profile recommended by ITC);
- Send the invitations to potential participants, in coordination with the National Project Manager, and follow up on their responses;
- Once applications are received, send to ITC a list of interested participants including, when possible, their CVs;
- Arrange and cover costs of local logistics: adequate equipment, printing materials; refreshments coffee breaks and lunches, if and as agreed;; costs of room are excluded (room provided by the Ministry for SMEs, Trade and Business Environment of Romania).
- Cooperate closely with the National Project Manager, ITC and EkoConnect in the organisation of the activity, on other administrative and logistical aspects, as necessary (such as preparing material, arranging for interpretation services, if necessary, co-ordinating local press coverage, etc.);
- Arrange and cover costs of excursion (currently optional), if organization of excursion is decided;
- Keep ITC, EkoConnect and National Project Manager informed about progress.
b. Execution and follow up:
- Mobilize around 100 participants (at least 50 participants), from Romania and abroad;
- The target participants are:
i) From Romania:
- Organic processors and traders as well as organic farmers (providers of raw materials) (more than 60 % of total participation);
- Conventional agriculture processors, traders and farmers;
- Organic agriculture multipliers, such as relevant associations’ representatives, government representatives, consulting companies or advisors, academia, etc.
ii) From other parts of (South Eastern) Europe: organic companies, who are interested in Romania
- Manage and supervise the logistical arrangements for the execution of the event (including secretarial support and office equipment - photocopying, printing), and of excursion, if the latter is decided;
- Facilitate ITC’s follow-up work with participants, if necessary.
1. ITC will cover the costs of the experts and their travel expenses, costs of translation and interpretation and related equipment, costs of press release and materials/publications, as necessary.
2. The Partner will cover the costs of local logistics in the organization of the event:
- Equipment of the room, if not included in the room provided by the Ministry for SMEs;
- Refreshments, coffee breaks and lunches, if and as agreed;
- Printing costs;
- Communication costs, for sending out and follow up calls;
- Costs of excursion, if decided.
3. Each party shall be responsible for the operational expenses connected with the administration and implementation of the workshop.
Article 4 IMPLEMENTATION OF THE AGREEMENT
1. The parties agree to communicate to exchange views and report on accomplishments with regard to this MOU.
2. Whenever the receipt of contributions or the timely completion of the activities are delayed or disrupted, ITC and the Partner will jointly investigate all possible remedial actions to be taken in a spirit of cooperation and good faith.
Article 5 VISIBILITY
1. Unless ITC requests or agrees otherwise, the Partner shall take all appropriate measures to publicise the fact that an activity has received support from ITC. Information given to the press, the beneficiaries of a project, all related publicity material, official notices, reports and publications, shall acknowledge that the project was carried out “with support by the International Trade Centre.”
2. The Partner accepts that ITC publishes in any form and medium, including on its website the name of the Partner and the purpose of the partnership. Upon a duly substantiated request by the Partner, ITC may agree to forego such publicity if disclosure of the above information would risk threatening the Partner’s safety or harming its interests.
3. Unless authorized in writing by ITC, the Partner shall not use the name, emblem or official seal of ITC or one of its parent organizations, WTO or UNCTAD, or any abbreviation of the name of ITC or one of its parent organizations for advertising purposes or for any other purposes, except as stipulated in this Article.
Article 6 LIABILITY
ITC shall neither be liable for any damage sustained by the Partner in the implementation of the MOU, nor for any act or default on the part of the Partner in the implementation of the MOU.
Article 7 GENERAL PROVISIONS
1.1 This MOU shall be valid, as from the date of signature by all parties and until the full completion of the parties’ commitments but no later than 15 December 2009, on the understanding that either party is at liberty to terminate it at any time, after giving a written notice of termination to the other party two weeks in advance of the date on which the party giving such notice wishes to have the MOU terminated.
1.2 Without prejudice to the foregoing, steps shall be taken to ensure that termination of this MOU will not be prejudicial to any activities or programmes undertaken within the framework of the MOU or to the completion of tasks for which binding obligations exist.
The present MOU, including Annexes, may be modified and/or amended at any time by the signatories, by mutual written agreement through exchange of letters.
3. Contact points / Communication and Notification
For purposes of communications or notices with respect to this MOU:
a) The Partner shall be represented by:
Marian Cioceanu
President, Bio Romania
Bdul Marasti 59, Postal Code 011464
Complex Calypso USAMV
Sector 1 Bucharest, Romania
b) ITC shall be represented by:
Elena Boutrimova
Chief, Office for Eastern Europe and Central Asia
Bureau of Policy and Programme
Palais des Nations
1211 Geneva 10, Switzerland
4. Statutory compliance
This MOU is not intended to create a legal and binding obligation to expend funds or resources by either party, but is a statement of bona fide intent of the Parties. It sets forth the entire understanding of the Parties in respect of the collaboration considered.
Article 7 RELATIONSHIP BETWEEN THE PARTIES
Nothing in this MOU shall create any employer/employee, agency, distributor, partnership or any form of joint venture relationship between the Parties. Except, as expressly set forth in this MOU, neither party shall have the authority to act on behalf of, be liable for the acts of the other party or bind the other party in any way. The Parties hereby recognize that this collaboration under this MOU is non-exclusive.
Article 8 GLOBAL COMPACT PRINCIPLES
The MOU is agreed upon within the policy framework for cooperation between UN organizations and its subsidiary organs and the civil society that has been established by the Secretary-General of the United Nations as part of his program of reform. In accordance with the United Nations Global Compact[1], the Partner, by entering this agreement, confirms that it is not complicit in human rights abuses, it does not tolerate forced or compulsory labour or the use of child labour, it is not involved in the sale or manufacture of anti-personnel mines or their components, is committed to the protection of the environment, and works against all forms of corruption, including extortion and bribery.
Article 9 ITC LEGAL STATUS
The International Trade Centre is a joint subsidiary organ of the World Trade Organization and the United Nations and enjoys Privileges and Immunities by the Convention on Privileges and Immunities of the United Nations of 13 February 1946. The Partner’ agents or employees shall not be considered in any respect as being officials or staff members of ITC.
Article 10 SETTLEMENT OF DISPUTES
1. Any dispute arising out of or in connection to this MOU, including interpretation or application of any provision herein contained, shall be resolved amicably in good faith by direct negotiations between the parties. In case the parties could not reach an agreement, the parties will appoint a mediator acceptable to both.
2. It is understood, however, that the provisions of this paragraph shall not constitute nor imply the waiver by the ITC of its privileges and immunities. Unless the parties agree otherwise, the mediation shall take place in Geneva, Switzerland. The hearings will be in English or French, as applicable.
[1] http://www.unglobalcompact.org
