AGREEMENT OF COOPERATION FOR THE CREATION OF A GRADUATE FELLOWSHIPS PROGRAM BETWEEN THE STATE UNIVERSITY OF NEW YORK OF THE UNITED STATES OF AMERICA AND THE NATIONAL COUNCIL FOR SCIENCE AND TECHNOLOGY OF THE UNITED MEXICAN STATES The State University of New York (hereafter SUNY), on behalf of the individual State University Campuses (Hereafter SUNY Campus) and the National Council on Science and Technology (hereafter CONACYT), designated in this document as the “PARTIES”; CONSIDERING that the scientific and technological relationships between the United States of America and the United Mexican States have been strengthened by an Agreement of Scientific and Technical cooperation signed on 15 June 1972 and its annex dated 22 September 1994; IN VIEW of the context of increasing bilateral cooperation between Mexico and the United States of America and the process of economic convergence between both nations; KNOWING that SUNY is a distinguished institution of higher education and research which offers excellent graduate education programs and conducts advanced research; ACKNOWLEDGING that CONACYT is Mexico’s foremost agency for support of graduate education and research, both in Mexico and abroad; TAKING INTO ACCOUNT that the PARTIES are dedicated to long-term, collaborative binational approaches to the issues facing the United States and Mexico as North American neighbors and partners; UNDERSTANDING that cooperation among scientists and scholars in the United States and Mexico will enhance the quality of the relationship between the people of the United States and of Mexico; DESIRING to promote and strengthen cooperative relations between CONACYT and SUNY, and give those relations greater visibility; HAVE AGREED TO THE FOLLOWING: ARTICLE 1 GENERAL PURPOSES This Agreement of Cooperation reflects upon the interest of the PARTIES to encourage and support Mexican graduate students admitted to Ph.D. degree programs at a SUNY Campus in identified common interest areas. 1.1. PRIORITY PROGRAMS. The PARTIES shall undertake programs in areas of mutual interest which will include any or all of the following activities: a) Graduate Scientific and Technological Education b) Interdisciplinary Graduate Programs and Mixed Fellowships c) Exchange of Faculty, Students and Postdoctoral Fellows d) Other Cooperative Initiatives and Promotion of the Agreement of Cooperation 1.2. PERSONNEL. Personnel eligible for inclusion in activities covered by this Agreement include: a) Mexican graduate students and fellows Other arrangements foreseen in this Agreement may cover: b) Academic personnel and students of any SUNY Campus c) Faculty and researchers of Mexican institutions of higher education and research d) Other candidates for support to be agreed upon by the PARTIES 1.3. OTHER COLLABORATIVE EFFORTS. The PARTIES may initiate a consultative process for the design and approval of other collaborative programs under this Agreement by written mutual agreement. ARTICLE 2 GRADUATE STUDENT EDUCATION In response to SUNY’s objective of attracting highly qualified doctoral students from Mexico and CONACYT’s desire to support the most promising Mexican students to pursue graduate education at the Ph.D. level, the PARTIES commit themselves to a joint program of fellowships to be known as CONACYT-SUNY Graduate Fellowships. To this end, and subject to all applicable laws, U.S. and New York State regulations, and SUNY policies, as well as Mexican regulations and CONACYT policies, the PARTIES will initiate the following activities: 2.1. CONACYT-SPONSORED GRADUATE STUDENTS (CONACYT-SUNY GRADUATE FELLOWSHIPS). The CONACYT-SUNY Graduate Fellowships will support as its primary objective Mexican students who are admitted to and matriculate as Ph.D. students in the eligible programs at a SUNY Campus. In order to continue receiving support, students must remain registered and in good academic standing as defined by the SUNY Campus at which the student is enrolled. 2.2. COST SHARING. The PARTIES will jointly support accepted CONACYT-sponsored students in eligible doctoral programs at a SUNY Campus under this Article. A SUNY Campus at its sole discretion may choose to accept CONACYT-sponsored doctoral students. The terms of the Article are as follows: a) Contingent upon satisfactory progress in the degree program, the students supported by this Agreement in this Article shall be provided the following support package: a1) According to CONACYT’s established norms, CONACYT will pay the tuition at nonresident tuition rates and student fees, and will provide support for International Student Health Insurance coverage for the first two (2) academic years for all the students in the program. Also, according to CONACYT’s established norms, CONACYT will provide a stipend for the first three (3) academic years for all the students in the program. a2) For the third (3rd) through the fifth (5th) academic year their doctoral programs, the SUNY Campus will cover the costs of tuition, and will provide support for International Student Health Insurance for these students. Also, the SUNY Campus will provide a stipend for all students in the program for the fourth (4th) and Fifth (5th) academic years. a3) If required by the particular program of study and subject to all applicable laws (including the requirements to retain the students’ authorization to study in the United States) and SUNY Campus policies, the SUNY Campus will provide these students with teaching or research assistant positions that will include a stipend. a4) It is understood and intended that the doctoral programs supported hereunder shall take five (5) years to be completed. CONACYT and SUNY Campus shall revise the financial support provided to any particular student beyond this five-year period on a case-by-case basis. b) SUNY Campus will provide the Mexican students with documentation indicating admission to SUNY Campus, but it is the students’ responsibility to obtain the necessary visas and authorization to enter the United States to study. SUNY Campus will provide information on how these visas are generally obtained. c) Mexican Students Not Covered by this Agreement. SUNY Campus can select, if it wishes to do so, additional, non-CONACYT-sponsored Mexican students for admission to its graduate programs outside this Agreement. This Agreement does not intend to limit the number of qualified Mexican graduate students admitted to study at SUNY. 2.3. FUNDING ARRANGEMENTS The PARTIES agree on financing the students covered by this agreement based on the cost sharing formula set forth in section 2.2. SUNY Campuses derive student funding from a number of sources, including grants, contracts and research funds from foundations, government agencies and private corporations. Therefore by mutual agreement of the PARTIES, and in accordance with the general intent of the cost-sharing formula set forth in section 2.2, alternative funding arrangements may be devised on a case-by-case basis. ARTICLE 3 INTERDISCIPLINARY GRADUATE PROGRAMS AND MIXED FELLOWHIPS SUNY and CONACYT share a joint interest in discussing and analyzing joint Ph.D. programs, non-traditional Ph.D. programs, new and joint Master’s degree programs and specialty graduate certificate programs with select universities in Mexico in various fields. Any potential programs are subject to all applicable U.S. and New York State regulations, SUNY policies, Mexican regulations, CONACYT policies and any policies of Mexican universities involved. ARTICLE 4 EXCHANGE OF FACULTY, STUDENTS AND POST-DOCTORAL FELLOWS The PARTIES share a commitment to increase opportunities of collaboration between SUNY’s faculty and students and the Mexican academic community. To this aim, the PARTIES agree to explore mechanisms to promote a program which shall annually place and support Mexican academics in short-term research and teaching programs at SUNY and academics from SUNY in similar positions in Mexican institutions of higher education and research, respectively. Also, the PARTIES will explore mechanisms to develop a program which shall place and support Mexican postdoctoral scholars in appropriate SUNY departments and SUNY postdoctoral scholars in Mexican universities. ARTICLE 5 ADMINISTRATION OF THIS PROGRAM The details of the management of the program, including the transfer of funds and the recruitment activities, will be discussed in future meetings. The PARTIES are individually responsible for the implementation of their respective programs and activities established under this Agreement. To this end, the PARTIES shall establish the following mechanisms for the administration of the aforementioned programs: 5.1 PROGRAM COORDINATOR With the objective of facilitating the cooperation envisioned in this Agreement, the PARTIES will each assign a coordinator of activities who will be in charge of advancing and implementing the programs. The designated coordinators for this Agreement are: CONACYT: Directorate for International Affairs Av. Insurgentes Sur #1582 Col. Crédito Constructor Del. Benito Juárez C.P. 03940 México, D.F. Tel. 53 22 77 00 Ext. 1701 Fax. 53 22 76 64 SUNY: Office of International Programs State University Plaza Albany, NY, 12246 Phone (518) 443 5396 Fax (518) 443 1594 The coordinator will be responsible for maintaining all aspects of this Agreement, including any additions to follow. The PARTIES will establish a mechanism to follow up the progress and integration of the students (with consent of the students) supported under this Agreement, with the aid of a coordinator of activities. The results will be annually reported. 5.2 POLICIES FOR RESEARCH The specific details for the administration of research projects under this Agreement of Cooperation, such as intellectual property, transfer of technology, information confidentiality, labour conditions and migration of personnel, will be discussed by the PARTIES and incorporated in this Agreement of Cooperation as Amendments. ARTICLE 6 EXPENSES The PARTIES are committed to the establishment and successful implementation of the cooperative activities envisioned in this Agreement and will, therefore, meet their respective financial commitments either with their own funds or from other sources appropriate for each party. The performance of this Agreement is subject to the PARTIES’ budget availability, as well as to any legal provisions in force, and therefore it does not constitute in any way a commitment of resources in subsequent fiscal years, a possibility for a contingent expense, nor the acquisition of economic obligations beyond the present fiscal year. ARTICLE 7 HANDLING INFORMATION The PARTIES commit themselves, subject to the requirements of applicable law to keep under strict confidentiality all the information herein and they shall not reveal it to third parties without previous written authorization from the other Party. ARTICLE 8 DURATION AND CONDITIONS OF THE AGREEMENT SUNY is a university system comprised by 64 individual SUNY Campuses, whereby any SUNY Campus wishing to participate in this program shall show its adherence to the terms of this agreement by providing a signed a letter as exemplified in Attachment No. 1. This Agreement will become effective upon the date of its signing and shall finish on the 31st of December 2010, unless earlier terminated by either Party, in which case it shall provide written notice to the other Party six months in advance. After its expiration, the Agreement may be renewed for a 5 (five) year period upon the mutual written agreement of the PARTIES. If the present Agreement is terminated, every effort will be made to complete activities in progress. The PARTIES agree that fellowships offered and accepted under this Agreement shall be honored by the PARTIES as long as the fellow meets the terms and conditions established by the PARTIES for the fellowship. This Agreement may be modified by mutual written consent of the PARTIES. However, such modifications shall not retroactively alter the terms or conditions of fellowships in force in such ways as to jeopardize the fellows’ successful completion of their programs. Signed in two original copies in the English and Spanish languages, both texts being equally valid. FOR THE STATE UNIVERSITY OF NEW YORK UNIVERSITY OF THE UNITED STATES OF AMERICA FOR THE NATIONAL COUNCIL FOR SCIENCE AND TECHNOLOGY OF THE UNITED MEXICAN STATES John R. Ryan Gustavo Chapela Castañares Chancellor Director General Date: Date: 10