Memorandum of Understanding between the Ministry of External Relations of the Federative Republic of Brazil and the Ministry of External Affairs of the Republic of India on the Establishment of a consultation mechanism on consular and mobility issues

The Ministry of External Relations of the Federative Republic of Brazil and The Ministry of External Affairs of the Republic of India (hereinafter referred to as “the Parties”), Considering the historical links of friendship and cooperation that unite both countries; In accordance with the rights and guarantees provided in their respective national legislations and in the relevant international treaties and conventions,to which they are Parties; Convinced that the movement of people between two countries contributes to proximity between their nationals and may constitute a factor of economic, social and cultural development to their countries and populations; Considering the knowledge accumulated by both countries and the expertise developed on the subject of consular assistance, support to overseas nationals and relations between their Governments and their respective diasporas; Aware of the need for establishing a bilateral mechanism for information exchange and coordination in the areas of application of this Memorandum, as well as to address specific issues and exigencies related to the movement of people between the two countries; Stressing the need to develop legal instruments for legal bilateral cooperation; Bearing in mind the desire to deepen the bilateral dialogue with regard to international legal cooperation in civil and criminal matters, Have reached the following understanding: Article I Establishment of a Bilateral Consultation Mechanism The Parties decide to establish a bilateral mechanism for consultation on bilateral consular and mobility issues and on bilateral legal cooperation, including issues related to the movement of people between the two countries. The consultation mechanism will be operationalized by a Working Group which will ensure that dialogue and regular exchange of information are held between the Parties. Article II Objectives The objectives of the mechanism will be to: a) exchange information on the use of new technologies in the areas of consular service and assistance and issuance of travel documents; b) exchange information on the experience of both countries with their overseas nationals, as well as on current initiatives to support their respective expatriate communities; c) exchange information on forms of relation between Government and diaspora, representation of overseas nationals, dialogue and representation mechanisms for expatriate communities and use of new technologies and procedures to support them; d) consider possibilities of joint actions or of bilateral cooperation in projects which are of interest to each country’s nationals in the other or in situations of consular emergency in third countries for the benefit of each country’s community; e) discuss topics that may be the object of agreements for the benefit of their respective nationals in third countries; f) analyze initiatives which aim at facilitating the movement of people between the two countries, including exchange of information on each other’s visa policies; g) examine any issues related to movement of people that may be presented by a Party and serve as a means to forward such issues to the competent national authorities; h) exchange and disseminate information as well as coordinate actions aimed at promoting legal migration and informing about the risks of human trafficking, irregular movement of people; i) support police bilateral cooperation, notably through the exchange of best practices, and includingoccasional visits of officials of both countries; j) identify ways of improving the bilateral relationship in the field of international legal cooperation. Article III Composition of the Working Group and frequency of meetings 1. The Working Group mentioned in Article I shall meet once a year, alternately in the territory of one or the other country, and, in addition, upon request of either Party. 2. The Working Group will be chaired jointly by a representative of each Party. 3. In addition to representatives of the Parties, the Working Group may include representatives of other Ministries and public agencies involved in items of the agenda. Article IV Final Provisions 1. This Memorandum of Understanding will take effect from the date of its signature and will remain valid indefinitely. 2. This Memorandum of Understanding may be amended at any time upon mutual writtenagreement of the Parties. 3. Either Party may at any time notify the other of its intention to terminate this Memorandum of Understanding. Termination shall take effect three (3) months after the date of notification. 4. Any differences related to the interpretation or application of this Memorandum of Understanding shallbe solved by mutual agreement of the Parties, within the working Group mentioned in Article 1 or, if necessary, through diplomatic channels.