Memorandum of Understanding (MOU) between EPA and SEPA, 2003

The Environmental Protection Agency of the United States of America (EPA) and the State
Environmental Protection Administration of the People's Republic of China (SEPA), hereafter
referred to as the "Parties," in accordance with and subject to 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 Technology, dated January 31, 1979, as extended and
amended (the "S&T Agreement"), and in order to promote scientific and technical cooperation
and collaboration in the field of environmental protection, have reached the following
understandings:

Article 1
The Parties shall conduct cooperative activities under this MOU on the basis of equality,
reciprocity, and mutual benefit.

Article 2
Cooperative activities undertaken pursuant to this MOU may involve the following areas:
prevention and management of:
a. air pollution;
b. water pollution; .
c. hazardous waste; and
d.pollution from persistent organic pollutants (POPS) and other toxic substances;
environmental threats to human health and to ecosystems;
environmental policy and management;
environmental education and public awareness;
environmental law and enforcement; and
other areas as determined by the Parties.

Article 3
Cooperation under this MOU may include the following forms:
1. Transfer or exchange of scientific and technical information in the field of environmental
protection;
2. Joint organization of symposia, seminars, workshops, and training;
3. Study tours, exchanges, and temporary assignments of personnel from one Party to the other;
4. Joint scientific publications;
5. Joint projects to demonstrate environmental management approaches and technologies;
6. Cooperative research on subjects of mutual interest;
7. Provision of samples, reagents, materials, data, instruments and components for testing,
evaluation and other purposes; and
8. Other forms of cooperation as may be determined by the Parties.

Article 4
The Parties shall encourage and facilitate the development of direct contacts between
environmental and scientific groups from each country, including through the coordination of
cooperation among government agencies, research institutions, business and industry,
universities, and other entities, in conducting activities under this MOU.

Article 5
I. Three Annexes to this MOU have been prepared regarding the subject and form of cooperation
contemplated under the MOU:
a. Annex 1 -Air Pollution;
b. Annex 2 -Water Pollution; and,
c. Annex 3 -Pollution from Persistent Organic Pollutants and Other Toxics.
2. The Parties shall develop additional annexes to the MOU for each of the major areas of
cooperation contemplated under the MOU, as appropriate. Each annex shall outline the subject
and form of cooperation and shall be an integral part of the MOU. Specific cooperative activities
and the terms under which they will be conducted, including financial arrangements, shall be
described in separate project agreements, strategies, or work plans.
3. In the event of a conflict between the terms of an annex and this MOU, the provisions of this
MOU shall prevail.

Article 6
1. The Parties hereby establish a Joint Committee on Environmental Cooperation (JCEC). The
JCEC will be co-chaired at the level of Administrator or Assistant Administrator of the EPA and
at the level of Minister or Deputy Minister of the SEPA, or their designees.
2. All working groups pertaining to environmental protection previously established by the
Parties under the S&T Agreement will be guided by the JCEC.
3. The Co-chairs, by mutual agreement, may determine the remaining composition of the JCEC,
the entities that may attend or participate in JCEC meetings, and may establish additional sub-
committees or working groups as determined to be necessary to effectively implement this MOU.
The specific structures and responsibilities of the sub-committees or working groups, and any
modifications thereto, shall be determined by the JCEC.
4. The JCEC will meet at least once every two years. Such meetings shall be held alternately in
the United States of America (USA) and The People's Rtpublic of China (PRC). Prior to each
meeting of the JCEC, the Parties shall agree to a meeting agenda. The Parties will endeavm to
place items on the agenda which cover a wide range of environment-related issues such as
technical exchange, informational exchange, scientific research, and environmental policy.
5. Each Party will designate a Liaison Secretary. The Liaison Secretary shall be at the Deputy
Assistant Administrator level for EPA, and at the Deputy Director General level for SEPA, or
their designees. The Liaison Secretaries shall serve as the points of contact for their respective
Parties for the JCEC and shall supply administrative support for meetings of the JCEC.

Article 7
All activities undertaken pursuant to this MOU shall be subject to the applicable laws of the
Pal-ties, as well as the availability of appropriated funds, personnel, and other resources of each
Party.

Article 8
The treatment of intellectual property created or furnished in the course of activities under this
MOU, the allocation of rights for such intellectual property, and business-confidential
information obtained andlor exchanged pursuant to this MOU, will be governed by the provisions
of Annex I (Intellectual Property) of the S&T Agreement.

Article 9
Both Parties agree that no information or equipment requiring protection in the interest of
national defense or foreign relations and classified in accordance with its applicable national laws
and regulations shall be provided under this MOU. In the event it is subsequently discovered that
information or equipment which is known or believed to require such protection is identified as
having been furnished inadvertently in the course of cooperative activities pursuant to this MOU,
the matter shall be brought immediately to the attention of the appropriate officials and the Parties
shall consult to identify appopriate security measures to be agreed upon by the Parties, in
writing, and applied to this information and equipment.

Article 10
The transfer of unclassified export-controlled information or equipment between the Parties shall
be in accordance with the relevant laws and regulations of each Party. If either Party deems it
necessary, detailed provisions for the prevention of unauthorized transfer or retransfer of such
information or equipment shall be incorporated into the appropriate project agreements or work
plans. Such information or equipment shall be marked to identify it as export-controlled, and the
Parties shall consult to identify appropriate restrictions or other requirements regarding the
transfer of this information or equipment.

Article I I
Upon entry into force, this MOU shall replace the Protocol between the Environmental Protection
Agency of the United States of America and the Office of the Environmental PI-otection Leading
Group of the State Council of the People's Republic of China for Scientific and Technical
Cooperation in the Field of Environmental Protection (the "1980 Protocol"), and established
under the S&T Agreement.

Article 12
1. This MOU shall enter into force upon signature and shall remain in force for five (5)years, or
for as long as the S&T Agreement remains in force, whichever is shorter. Either Party may
terminate this MOU upon six months' written notification, through diplomatic channels, to the
other Party. Such termination shall be without prejudice to the rights that may have accrued to
either Party under Annex I to the S&T Agreement. The Parties shall consult regarding the effect
of termination on the implementation of ongoing programs and activities agreed to under the
MOU prior to the date on which notice of termination was given.
2. Either Party may request in writing, through diplomatic channels, to amend or modify this
MOU. Any amendment or modification must be mutually agreed upon by the Parties and in
writing.

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