TREATIES AND OTHER INTERNATIONAL ACTS SERIES 08-1113 

________________________________________________________________________ 

EDUCATION 

 Agreement Between the 

UNITED STATES OF AMERICA 

and POLAND 

Signed at Washington March 10, 2008 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
POLAND 

 Education 

 Agreement signed at Washington 

 March 10, 2008; 

 Entered into force November 13, 2008. 
AGREEMENT

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF THE REPUBLIC OF POLAND

ON COOPERATION WITHIN THE FRAMEWORK OF

THE POLISH — U.S. FULBRIGHT COMMISSION

The Government of the United States of America and the Government of the Republic of

Poland, hereinafter referred to as the "Parties,"

desiring that a bilateral program based on full partnership and equal rights will strengthen

the bonds of friendship and understanding between the two nations through the

implementation of programs for education, science, and professional contacts,

taking into account the successful results of previous activities in the field of education and

science as well as the exchange of knowledge and professional experiences undertaken

within the framework of the Agreement between the Government of the United States of

America and the Government of the Republic of Poland for the Establishment of the Polish

— U.S. Fulbright Commission, signed in Warsaw on October 20, 1995, which the two

Parties agreed to continue until the entry into force of a new agreement,

convinced of the need to further develop mutually beneficial knowledge and experience in

the field of education and science,

have agreed as follows:
Article 1

1. The Polish – U.S. Fulbright Commission, hereinafter referred to as "the Commission," is

a foundation established by the U.S. Party on March 27, 1992, under number 000166179 in

the National Judicial Register, on the basis of Polish law.

2. The office of the Commission shall be in the territory of the Republic of Poland, in

Warsaw.

3. The Commission shall operate in the territory of the Republic of Poland and abroad.

4. The Commission shall be a legal entity.

5. The Commission's activities shall be non-profit.

Article 2

The Parties shall cooperate within the framework of the Commission in accordance with

the provisions of this Agreement, guided by the principles of partnership, reciprocity, and

equal rights.

Article 3

1. The principal task of the Commission shall be to support citizens of the United States of

America and the Republic of Poland who go abroad to study at academic or scientific

institutions in the country of the other Party for the purpose of:

a) doing a part of their academic studies, doctoral studies, academic internship, or

participating in other types of education;

b) conducting courses;

c) conducting scientific research.

2. The Commission may also carry out other tasks in the field of education and science,

including:

a) exchange programs for teachers in schools and centers operating in the educational

systems of the two countries;

b) tasks assigned by the Parties or by other entities if they provide funds for carrying out

those tasks.

3. The detailed scope of the Commission's activities shall be determined by the Statute of

the Foundation, the "Polish – U.S. Fulbright Commission," hereinafter referred to as the

"Statute."

Article 4

1. The Commission shall carry out the task referred to in Article 3(1), in particular by

awarding scholarships to:

a) U.S. and Polish candidates who hold at least a bachelor's degree or its equivalent, a

science degree or a degree in the field of art and who wish to go abroad to an academic

institution in the country of the other Party for the purpose of doing a part of their

academic studies, doctoral studies, academic internship, or participating in another type of

education;

b) U.S. and Polish academic teachers who hold a least a master's degree or its equivalent

and who wish to go abroad to an academic institution in the country of the other Party for

the purpose of conducting courses, seminars, or workshops;

c) U.S. and Polish doctoral candidates or academic researchers or teachers who hold at

least a master's degree or its equivalent and who wish to go abroad to an academic or

scientific institution in the country of the other Party for the purpose of conducting

scientific research.
2. The Commission may carry out the task referred to in Article 3(1) by, inter alia:

a) defraying the expenses of travel to and from the country of the other Party and within

the host country, the purchase of an insurance policy, and visa fees for the persons referred

to in paragraph I who were awarded scholarships;

b) conducting informational and promotional activities relating to programs of scholarship

exchange and programs of cooperation between the Parties.

Article 5

1. The Commission shall consist of the following bodies: the Board of Directors,

hereinafter referred to as "the Board," and the Management of the Commission, hereinafter

referred to as "the Management," appointed by the Board as an executive body as defined

by Polish law.

2. The Board shall be a statutory collective body overseeing the Commission.

3. The detailed scope of the tasks and the modus operandi of the Commission shall be

determined by its Statute.

Article 6

1. The Board shall consist of 10 members:

a) five U.S. citizens appointed by the Chief of the U.S. diplomatic mission in the Republic

of Poland, hereinafter referred to as "the Chief of Mission," including at least two members

of the U.S. Foreign Service, and

b) five citizens of the Republic of Poland appointed by the Polish minister responsible for

matters relating to higher education, hereinafter referred to as "the Minister," including at

least one representative each from the Polish ministry responsible for matters pertaining to

higher education and from the Ministry of Foreign Affairs.

2. The Management shall consist of three to five persons, including an Executive Director

appointed and dismissed by the Board.

3. The Chief of Mission and the Minister shall function as Honorary Chairpersons of the

Board and shall have the right to participate in its meetings without the right to vote.

4. Decisions of the Board shall be made by a simple majority of votes when at least six

members of this body are in attendance; decisions of the Management shall be made by a

simple majority of votes when at least two members of this body are in attendance. In the

case of an even number of votes, the vote of the person chairing the meeting of the Board

or the vote of the Executive Director chairing the meeting of the Management shall prevail.

5. Decisions by the Board regarding amendments to the Statute of the Commission shall be

made by a simple majority of votes when at least seven members of that body are in

attendance.

6. The U.S. Party shall oversee and monitor the activities of the Commission in accordance

with the policy of the J. William Fulbright Foreign Scholarship Board, and the Polish

Party shall do so in accordance with Polish laws that govern the activities of foundations

and public interest organizations.

Article 7

1. The U.S. Party shall send an allocation annually to the bank account of the Commission

to defray expenses associated with the activities of the Commission and the performance of

its statutory tasks, including performance of the task referred to in Article 3( I).

2. The Polish Party shall send an allocation annually to the Commission for performance of

the task referred to in Article 3(1).
3. The amount of the allocations sent to the Commission by the Parties in a given budget

year shall be subject to the amount of budget funds available to the Parties, in accordance

with the binding regulations in their countries.

4. The Minister will determine and pay into the Commission's bank account the allocation

referred to in paragraph 2. The Polish Party shall endeavor to ensure that the amount of the

allocation referred to in paragraph 2 is increased by the same amount annually for a period

of 4 years, beginning on the date of entry into force of this Agreement, until the amount of

4 million zlotys is reached, provided that this sum does not exceed the amount of the U.S.

Party's allocation.

5. The Parties may enter into an agreement through an exchange of notes, whereby the

Polish Party shall undertake to send the Commission, in euros, the allocation referred to in

paragraph 2.

Article 8

The Commission shall manage its finances and submit reports to the Polish Party regarding

its activities as well as financial statements, including statements on the use of the

allocation referred to in Article 7(2), in accordance with Polish laws on bookkeeping and

public finances and with laws governing the activities of foundations and public interest

organizations; and to the U.S. Party in accordance with the Manual for Binational

Commissions and Foundations.

Article 9

The provisions of this Agreement shall not prevent the Commission from seeking funds

from sources other than those referred to in Article 7(1) and 7(2).

Article 10

1. The scholarships and benefits referred to in Article 4(1) and 4(2a) shall be exempted

from personal income tax in the United States of America and the Republic of Poland in

accordance with the domestic laws and regulations of the countries of the two Parties.

2. Persons referred to in Article 4(1) who were awarded the Commission's scholarships

shall be exempted from the requirement to obtain work permits to carry out the tasks

stipulated in this exchange program in the host country.

Article 11

The following shall be responsible for implementing the provisions of this Agreement:

1) For the U.S. Party—the Department of State; and

2) For the Polish Party—the Minister.

Article 12

In matters not regulated by the provisions of this Agreement, the domestic laws and

regulations of the countries of the two Parties and the Statute shall apply.

Article 13

1. This Agreement shall enter into force upon the exchange of diplomatic notes in which

the Parties will notify each other of the fulfillment of their respective internal legal

requirements necessary for its entry into force. The date of entry into force of this

Agreement will be the date of the latter note.

2. This Agreement shall remain in force until it is terminated by one of the Parties by

providing written notification to the other Party, in which case it will become null and void

on the thirtieth day of the first calendar year following the date of receipt of the termination

notice by the other Party.
3. Termination of this Agreement shall not affect activities undertaken and implemented

under the Agreement during the period of validity until their completion.

4. In the event this Agreement is terminated, the Commission's unused funds and property

shall become the property of the U.S. Party and the Polish Party and shall be divided

between the two Parties in proportion to the financial contributions they made to the

Commission in the previous calendar year.

Done at. W.V111"/C-Tv^i 	on. 1\144c.4. 1 9) ..2008, in two copies, each in the English and

Polish language, both texts being equally authentic.

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE UNITED STATES OF AMERICA: THE REPUBLIC OF POLAND: jai -I-4A.-