AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY CONCERNING THE ESTABLISHMENT OF THE TURKISH-JAPANESE SCIENCE AND TECHNOLOGY UNIVERSITY IN THE REPUBLIC OF TURKEY

AGREEMENT
BETWEEN
THE GOVERNMENT OF JAPAN
AND
THE GOVERNMENT OF THE REPUBLIC OF TURKEY
CONCERNING THE ESTABLISHMENT OF
THE TURKISH-JAPANESE SCIENCE AND TECHNOLOGY UNIVERSITY
IN THE REPUBLIC OF TURKEY



PREAMBLE

 The Government of Japan and the Government of the Republic of Turkey (hereinafter referred to as “the Parties”),

 Recalling the “Joint Declaration on the Establishment of Strategic Partnership between Japan and the Republic of Turkey” signed on 3rd May 2013, and the “Memorandum of Cooperation on the Establishment of the Japanese-Turkish Science and Technology University” signed on 7th January 2014; 

 Hoping further promotion of scientific and technological cooperation, as well as introducing a new institution furthering academic exchanges between the two countries; and

 Aiming at providing a hub for academic and research excellence, 

 Have agreed as follows:

ARTICLE 1
ESTABLISHMENT OF
TURKISH-JAPANESE SCIENCE AND TECHNOLOGY UNIVERSITY

 The Parties shall establish a Turkish-Japanese Science and Technology University (hereinafter referred to as “TJU”) in Istanbul, the Republic of Turkey, based on the principles of the ownership of the Government of the Republic of Turkey and of the partnership between the Parties.  TJU will be a state university as defined by and based on this Agreement.  TJU will be established under a domestic law of the Republic of Turkey to be adopted by the Grand National Assembly of Turkey (hereinafter referred to as “a Turkish domestic law”) and will be exempt from its existing higher education laws.

ARTICLE 2
CONTRIBUTION UNDER THIS AGREEMENT

 A. The Government of the Republic of Turkey shall:

i. provide the land, premises and infrastructure required for the establishment of TJU; and 

ii. meet all other costs of TJU except for those covered by the contribution from the Government of Japan as stipulated in B. of this Article. 

B. The Government of Japan, subject to relevant laws and regulations and budgetary appropriations of Japan, shall make every effort to: 

i. provide, or ensure the provision of, laboratory equipment which is associated with TJU; 

ii. provide, or ensure the provision of, assistance for school building construction of TJU; 

iii. form a consortium consisting of Japanese universities which will provide know-how, intellectual support and advise on the curriculum and, in line with TJU’s recruitment processes, nominate Japanese academic staff for TJU; 

iv. support the Japanese Culture and Language Centre within TJU; and 

v. provide an opportunity to study in Japan for students of TJU. 

C. In case the Government of Japan makes contributions subject to B. above, the contribution in the form of grant will be made for up to ten years from the date on which this Agreement enters into force.

ARTICLE 3
DEGREES AND CERTIFICATES

 TJU shall award academic degrees and certificates of the Republic of Turkey at the undergraduate, graduate and doctoral levels.  Curriculum and departments shall be recognised by the Parties. 

 
 TJU shall, wherever possible, consider to award double degrees and/or joint degrees to its qualifying graduates together with Japanese universities. 

ARTICLE 4
TEACHING LANGUAGE

 The teaching language at TJU shall be English. 

 TJU shall provide Japanese and Turkish elective language courses for all students besides the courses in the curriculum of their respective departments. 

 The students accepted to TJU shall be subject to an English language assessment examination and be registered either for a preparatory class or directly for the first year of their undergraduate or graduate studies according to their language proficiency determined through this examination or any other internationally recognised test. 

ARTICLE 5
COUNCIL

 A TJU Council (hereinafter referred to as “the Council”) shall be established as the highest decision-making and supervising body of TJU. 

 The Council shall be composed of eleven members, six of whom will be appointed by the President of the Republic of Turkey and four members will be appointed by the Government of Japan.  The Council members will hold office for four years from the date of appointment and shall be eligible for re-appointment.  Rector of TJU will join in the sessions of the Council as full member of the Council. 

 The Council shall have the full authority and responsibility to make internal regulations related to all academic, financial and administrative matters concerning TJU as well as for the implementation of these regulations.  The Council shall determine the mission and vision of TJU in accordance with the science and technology policies of the Republic of Turkey. 

 The Council shall determine TJU’s student admission rules and policies similar to those based on academic criteria in the leading world universities. 

ARTICLE 6
ESTABLISHMENT PREPARATION OFFICE

 A TJU Establishment Preparation Office (hereinafter referred to as “the Establishment Preparation Office”) shall be established.
 
 The Establishment Preparation Office, which is composed of Japanese and Turkish officials and experts, shall have the responsibility to implement necessary advance preparation until the Council is established, including the draft planning and related coordination of recruitment, organisation, procurement and other administrative issues. 

 Once the Council is established, the function of the Establishment Preparation Office shall be succeeded by the Administrative Office of TJU. 

ARTICLE 7
ACADEMIC STRUCTURE

 TJU shall consist of Faculties, Departments, Institutes and any other units to be established starting from graduate school.  The organisation chart of the TJU as of the date of the signing of this Agreement shall be exchanged through diplomatic channels on the date of the signing of this Agreement. 

 The Council shall have the authority to open new Faculties, Departments, Institutes and any other units in TJU. 

 The Council shall have the full authority to close any existing unit in TJU. 

 The Council shall have the full authority to appoint the Provost, Vice Rectors, Department heads or any other heads of academic or administrative units. 

ARTICLE 8
RECTOR

 The Rector of TJU shall be appointed by the President of the Republic of Turkey among the candidates proposed by the Council. 

 The Rector of TJU will hold office for four years from the date of appointment and shall be eligible for re-appointment. 

 The candidates for the Rector of TJU shall be nominated by the Council.  Nomination process of the Rector will be conducted through an ad hoc academic search committee.

 The Rector of TJU is the chief executive of TJU and exercises his/her duties in line with a Turkish domestic law and regulations issued by the Council. 

ARTICLE 9
INTERNATIONAL ADVISORY BOARD

 An International Advisory Board (hereinafter referred to as “the Board”) shall be established in order to advise the Council on academic and strategic issues and all other matters of importance.  The members of the Board shall be appointed by the Council among outstanding personalities of academic and other backgrounds. 

ARTICLE 10
TJU FOUNDATION

 TJU Foundation (hereinafter referred to as “TJUF”) shall be established to support the continuing development of TJU through various revenue generating mechanisms to add on TJU’s formal budget.  TJUF shall have public-benefit status in legislation of the Republic of Turkey.  TJUF shall be administrated by its Board of Trustees.  The President of the Republic of Turkey shall appoint the President of the Board of Trustees of TJUF.  The President of the Board of Trustees of TJUF shall appoint a Deputy President of the Board of Trustees of TJUF among the members of the Board of Trustees of TJUF. 

ARTICLE 11
PARTNERSHIP BETWEEN TJU AND PRIVATE SECTOR

 The Parties shall encourage TJU and private sector partnership in Japan and the Republic of Turkey.  In this regard, the Parties shall make the necessary effort to promote voluntary contributions by the private sector for TJU. 

ARTICLE 12
EMPLOYMENT

 All employees in TJU shall be employed based on contract.  The rules and regulations with respect to salaries and compensation shall be determined by the Council to compete with the standards of other leading universities internationally. 

 The maximum duration and types of the employment contracts shall be determined by the Council, which may be delegated to the Rector by the Council. 

 There shall be no nationality restriction for the Rector and all other TJU administration, faculty, researchers and staff. 

ARTICLE 13
TITLES

 The rules, regulations and principles for awarding academic titles such as Professor, Associate Professor, Assistant Professor, Lecturer and Assistant shall be determined solely by the Academic Administration of TJU subject to approval of the Council.  Academic titles awarded by TJU shall basically be recognised as the same status in Japan and the Republic of Turkey by the Parties. 

ARTICLE 14
OTHER FACILITIES

 TJU shall be allowed to have housing and dormitory facilities within the TJU Campus or elsewhere for administration, faculty, researchers, students and staff.  These facilities shall not be privately owned and may only be utilised during the stay in TJU. 

 TJU shall have sports, conference, recreational and other social/cultural facilities and convenience stores for shopping needs for administration, faculty, researchers, students, staff and their families within the Campus. 

 A school facility from kindergarten to high school shall be established within the TJU Campus to primarily serve TJU administration, faculty, researchers, students and staff’s children schooling needs.  The school will have the status of private school with English as the medium of instruction and may admit other students if extra capacity is available. 

 TJU shall be allowed to have a technopark and business set-up facilities within the TJU Campus or outside to facilitate university-industry collaboration and to allow faculty, researchers and students to have means of starting up high tech businesses. 

 The development cost of facilities, including but not limited to those stipulated in this Article, shall be borne by TJU and/or the Government of the Republic of Turkey. 

ARTICLE 15
ENTRY INTO FORCE AND TERMINATION

 This Agreement shall enter into force on the date of receipt of the latter written notifications by the Parties through diplomatic channels that their internal procedures necessary for the entry into force of this Agreement have been completed. 

 
 This Agreement shall remain in force for the period of ten years, and shall be automatically extended for the period of five years thereafter unless either Party notifies the other Party through diplomatic channels in writing of its intention to terminate this Agreement not later than six months prior to the expiry date. 

 Either Party may terminate this Agreement at any time by giving six months written notice through diplomatic channels in case where a Party fails to comply with the provisions of this Agreement and the Parties are unabled to resolve the matter through consultations under Article 16.

ARTICLE 16
DISPUTE SETTLEMENT

 Any dispute that may arise between the Parties concerning the interpretation and application of this Agreement shall be settled through friendly consultations through diplomatic channels. 

ARTICLE 17
AMENDMENT

 Any amendment to this Agreement shall be made by mutual consent of the Parties in a written form following prior consultations. 

 Amendments shall enter into force under the same condition as mentioned in first sentence of Article 15. 

DONE in duplicate in Ankara, the Republic of Turkey, on the     day of June 2016, in the Japanese, Turkish and English languages, all texts being equally authentic.  In case of any divergence of interpretation, the English text shall prevail.





FOR THE GOVERNMENT OF JAPAN:  
Hiroshi Oka                            


FOR THE GOVERNMENT OF 
THE REPUBLIC OF TURKEY:

Yusuf Tekin