Memorandum of understanding
The Department of Industry, Science and Resources of Australia and the Department of Industry of Canada have reached the following understanding:
Background
- The participants recognise the importance of cooperation between the participants’ respective artificial intelligence (AI) safety institutes in promoting the responsible development, deployment, governance and use of safe and trustworthy AI.
- The participants acknowledge the important role they play in promoting technological innovation and industrial competitiveness.
- The participants acknowledge that mutual cooperation will contribute to enhancing the economic and technological advancement of their countries.
1. Purpose
1.1 The purpose of this memorandum of understanding (memorandum) is for the participants to seek to provide a framework for technical cooperation in the field of AI safety to support the participants’ related objectives.
2. Areas of cooperation
2.1 The participants understand that cooperation under this memorandum may include the following areas:
- 2.1.2 exchange information on AI technologies, risks, methodologies, tools and evaluations
- 2.1.3 coordinate work in support of internationally recognised and interoperable guidelines and standards for evaluating AI in a safe, secure and trustworthy manner
- 2.1.4 conduct joint studies to establish best practices for addressing risks of synthetic content that has been significantly modified or generated by AI
- 2.1.5 conduct joint research and development activities to advance measurement science related to AI. Such activities could include joint projects to develop tools, methods, and frameworks for AI testing and evaluation across the full life cycle of AI systems
- 2.1.6 conduct joint research on approaches to mitigate risks due to advanced AI systems, such as technical safeguards, tools, or oversight methodologies, including by building on our previous research collaboration to address synthetic content risks such as deepfakes
- 2.1.7 facilitate exchanges of talent between the 2 countries, including between the participants’ respective AI safety institutes and between non-governmental organisations
- 2.1.8 other areas of cooperation that may be identified by mutual consent of the participants.
3. Application mechanism
3.1 The participants will, within 30 days of the date of this memorandum coming into effect, designate their respective entities and officials in charge of overseeing the application and governance of this memorandum or certain aspects thereof and advise each other in writing of those contact points.
3.2 The participants will, within 180 days of the date of this memorandum coming into effect, jointly develop a workplan to carry out the purpose of this memorandum and to achieve the intended outcomes.
3.3 The participants may formulate other implementing arrangements under this memorandum to implement activities in any of the areas of cooperation.
4. Intellectual property
4.1 If any intellectual property matters arise from the application of this memorandum, the participants will address them in separate appropriate instruments. Such instruments could include non-disclosure agreements, licensing agreements, collaborative research agreements, or other contracts.
5. Exchange of information
5.1 The participants may exchange information for the purposes of giving effect to this memorandum. The participants understand and concur that this memorandum does not authorise the sharing of classified, sensitive or protected information which is subject to a security classification assigned by the participants. The unauthorised disclosure of which could cause varying degrees of harm to the interests of either participant or their respective governments.
5.2 The exchange of information between the participants will be in accordance with all applicable domestic laws, regulations, policy, and obligations under international law, including those relating to the protection and disclosure of such information.
5.3 The participants may enter into separate implementing arrangements for exchanges of information as needed.
6. Confidentiality
6.1 The participants are expected to treat as confidential any information, data, documents or other material (in any form) relating directly to the activities under this memorandum and any implementing arrangement supplied by the other Participant, including information given orally, subject to and in accordance with each participants laws, regulations and policies unless otherwise mutual determined in a separate implementing arrangement.
6.2 In such cases, the receiving participant will seek to provide reasonable notice to the providing participant of the intention to disclose the information and will advise the third party to which the information is to be disclosed of its confidential nature.
6.3 For the purposes of this paragraph 6, confidential information will not include any information that:
- 6.3.1 is already in the possession of the receiving participant without assuming additional confidentiality requirements
- 6.3.2 is in the public domain at the time of disclosure
- 6.3.3 is duly received by the receiving participant from a third party without assuming additional confidentiality requirements
- 6.3.4 is independently obtained or developed by the receiving participant without reference to the confidential information, which must be supported by evidence
- 6.3.5 the disclosing participant has consented in writing to the disclosure of.
7. Protection of personal information
7.1 The participants do not intend that this memorandum will cover any sharing of information or an opinion about an identified individual, or an individual who is reasonably identifiable by the participants.
7.2 If the participants determine that any activity under an area of cooperation conducted under this memorandum may lead, or has led, to the sharing of personal information, each participant will comply with its own applicable privacy and data protection laws and regulations, which may require the participants to enter into a written agreement or arrangement regarding the sharing of such personal information.
8. Publication
8.1 Each participant will coordinate with the other participant, as appropriate and in advance, with respect to a release of general information to the public which relates to the activities carried out consistent with the areas of cooperation under this memorandum. Appropriate written acknowledgement will be made by both Participants of their respective roles in the activities.
9. Compliance with applicable laws
9.1 This memorandum will be construed consistent with all applicable national laws, regulations and policies in each participants’ jurisdiction, and activities carried out or in connection with this memorandum will be implemented subject to, and in accordance with, all such applicable national laws, regulations and policies and with applicable international agreements to which a participant is party.
10. Funding and resources
10.1 This memorandum does not have any financial implication for either participant and is not intended to constitute a basis for any funding of one participant by the other and vice versa.
10.2 Each participant is expected to bear the costs it incurs in relation to this memorandum, in accordance with its applicable laws, regulations and policies.
10.3 This memorandum does not create any expectations between the participants that either participant is expected to make additional spending commitments to undertake activities relating to this memorandum.
11. Disputes
11.1 Any disputes about the interpretation or application of the memorandum will be resolved by consultations and amicable resolution between the participants, and will not be referred to any national or international court, tribunal or third party for settlement.
12. Legal status
12.1 This memorandum represents the understanding reached between the participants and does not create any legally binding rights or obligations.
13. Duration and effect
13.1 This memorandum will come into effect on the date of last signature by the participants and will remain in effect until terminated in accordance with paragraph 15.
14. Amendment
14.1 This memorandum may be amended at any time by the mutual written consent of the participants.
15. Termination
15.1 This memorandum may be terminated by either participant giving at least 6 months’ written notice to the other participant. The participants will consult to determine how any outstanding matters should be dealt with.
Signatories
For the Department of Industry, Science and Resources of Australia
Helen Wilson, Deputy Secretary, Science and Technology Group, Department of Industry, Science and Resources
For the Department of Industry of Canada
Samir Chhabra, Director-General, Marketplace Framework Policy, Innovation, Science and Economic Development Canada on behalf of Alexandra Dostal, Senior Assistant Deputy Minister, Strategic Policy Sector, ISED and Executive Director, Canadian AI Safety Institute