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APPENDIX J Protocol Between the Government of the United States of America and the Government of the People's Republic of China for Cooperation in Educational Exchanges The Government of the United States of America and the Government of the People's Republic of China frepresented by the United States Information Agency and the State Education Commission of The Peo- plets Republic of China], hereinafter referred to as "the Parties," rec- ognizing the role of education in furthering progress in both nations and in building understanding between the people of the two countries, subject to the "Agreement on Cooperation in Science and Technology between the Government of the United States of America and the Gov- ernment of the People's Republic of China" and in accordance with the principles of the "Cultural Agreement between the Government of the United States of America and the Government of the People's Republic of China," have, with a view to promoting educational exchanges, agreed on activities of educational exchanges described in this accord. ARTICLE I GUIDING PRINCIPLES The Parties agree and affirm that the principal objective of this accord is to provide opportunities for cooperation and exchange in educational fields based on equality, reciprocity and mutual benefit. Recognizing differences in the societies and systems of the two countries, both Par- ties will initiate educational exchange activities based on their own as well as mutual interests. The receiving side will facilitate and assist in implementing those educational exchange projects to every extent pos- sible to assure that the requests of the sending side for study and re- search opportunities are met to the extent required in each case in accordance with each country's laws and regulations. 204
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APPENDIX J 205 Both Parties will undertake measures to enhance educational ex- change objectives. Scholarly data and information derived from activ- ities under this accord may be made available to the world scholarly community through customary channels in accordance with the normal procedures the participating institutions and individuals would follow in their own countries. Receiving institutions of each country will have final approval of students and scholars applying from the other country. Both Parties will, however, use their best efforts to assure the fulfillment of the principles of this accord. The Parties further agree that the principles of this accord will be the basis of all official educational exchanges. While recognizing the independence of non-official arrangements, the Parties agree these prin- ciples should also be extended, to the degree applicable, to the full range of educational exchanges between the two countries. The Parties will reach detailed agreement on specific programs through regular exchanges of letters or other instruments on at least an annual basis. ARTICLE II—OFFICIAL EXCHANGES OF INDIVIDUALS The Parties agree on the following categories of official exchanges of individuals: (A) RESEARCH SCHOLARS Each Party may select and sponsor scholars from its own country to engage in research in the other country. Each Party may select and sponsor scholars from the other country to engage in research in its own country. Scholars may be placed in as- sociation with educational research or other institutions relevant to the accomplishment of research objectives or may, with the approval of the host government, engage in independent research. Research fields will include the humanities, the social sciences, the natural sciences and the technological sciences. (B) GRADUATE STUDENTS Each Party may select and sponsor qualified graduates of institutions of higher learning or equivalent of its own country to pursue degree or non-degree graduate programs of study and research in the other country. Each Party may select and sponsor qualified graduates of institutions of higher learning or equiv- alent from the other country to pursue degree or non-degree graduate programs of study and research in its own country. Fields of study will include the humanities, the social sciences, the natural sciences and the technological sciences.
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206 CHINA BOUND (C) TEACHERS AND LECTURERS The Parties agree to encourage and sponsor teachers, lecturers, professors and other qualified people of the institutions of higher learning of their respective countries to teach or to give a series of lectures in the other country. Fields of teaching and lecturing will include the humanities, the social sciences, the natural sciences and the technological sciences. ARTICLE III- OFFICIAL DELEGATIONS AND GROUP PROJECTS The Parties agree to exchange delegations and groups in various edu- cational fields which may include participation in joint meetings such as conferences and symposia in the areas of mutual interest as agreed. ARTICLE IV EXCHANGE OF MATERIALS The Parties agree to encourage and facilitate the exchange of scholarly And other educational materials between educational and research in- stitutions of both countries and individuals. Materials may include books, periodicals, monographs and audio-visual materials. ARTICLE V NON-OFFICIAL EXCHANGES The Parties agree to continue to encourage and promote direct edu- cational exchanges and cooperation between educational organiza- tions, universities, colleges, schools, research institutions and individuals of their respective countries. The assistance to these exchanges should be facilitated in accordance with each country's laws and regulations. ARTICLE VI- FINANCIAL PROVISIONS (A) The Parties agree that the expenses for official delegations and groups under the auspices of Article III of this accord will be as follows: The sending side shall bear the two-way international travel expenses of the delegation or group. The receiving side shall bear the expenses of board and lodging, transportation, and medical care or health and accident insurance when the delegation or group is in its territory; any exception to these provisions shall be determined by written agreement of the Parties. (B) The Parties agree that the necessary expenses for the official ex- change of individuals under the auspices of Article II of this accord shall be based on the principle that the sending side pays the costs associated with its participants. Exceptions to this principle will be by agreement of the Parties.
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APPENDIX J 207 (C) The Fulbright and university-to-university affiliation programs, and other designated programs shall share certain costs mutually agreed by the Parties and the participating institutions. (D) The financial provisions for non-official exchanges shall be de- termined by the participating institutions, the Parties recognizing that public and private institutions of both countries have limited capacity to support educational exchange activities. (E) The Parties agree that activities under this accord shall be carried out subject to the availability of funds. ARTICLE VII EXECUTIVE AGENTS (A) The Executive Agent of this accord on the United States side shall be the United States Information Agency. The Executive Agent of this accord on the People's Republic of China side shall be the State Edu- cation Commission of the People's Republic of China. (B) Upon signature, this accord will become a part of the official agreements concluded under Article 5 of the Agreement between the Government of the United States of America and the Government of the People's Republic of China on Cooperation in Science and Tech- nology signed January 31, 1979, extended January 12, 1984. (C) As agreed by the Executive Agents of the Parties, the represen- tatives of agencies or organizations concerned in both countries will exchange visits for the working out of plans and programs of educa- tional exchange and for discussing progress, problems and matters related to educational exchange projects. These meetings may be held in the United States of America or in the People's Republic of China as agreed. (D) This accord will supersede "The Understanding on the Exchange of Students between the United States of America and the People's Republic of China" reached in October 1978, and be the guiding doc- ument for educational exchange of the two countries. This accord shall enter into force upon signature and remain in force for a five-year period. It may be amended or extended by the written agreement of the two Parties; it may be terminated by either Party by giving six months' written notice to the other Party of its intention to terminate. Done at Washington, this 23rd day of July 1985, in duplicate in the English and Chinese languages, both equally authentic. RONALD REAGAN For the Government of the United States of America LI XIANNIAN For the Government of the People's Republic of China
Representative terms from entire chapter: