Treaty Room - Treaty

-MEMORANDUM OF UNDERSTANDING
between

The Environ1nental Impact Management Agency (BAPEDAL)
and

The Norwegian Agency for Development Cooperation (NORAD)
regarding

a Cleaner Production Project in the Province of Riau, Indonesia

BAPEDAL and NORAD (hereinafter referred to as "the Parties" )
CONSIDERING the Parties' common interest in promoting their relations;
RECOGNISING the benefit to be derived by the Parties from close cooperation in the fie ld
of cleaner production;
HA VE AGREED AS FOLLO\VS:

Article I
Definitions

J.


f o r the Purpose o r this M emorandum of Understanding (herin i.l t"tcr refenl.!d to
MoU")

dS

"the

"the Project" shall mean activities related to introducing the C leaner
Production Method (hereinafter referred to as "the C P") in the Province of
Riau, Sumatra, as further described in the documents referred to in Art ic le 11,
clause 3 below ;

*

"the Consultant" shall mean the Norwegian institution or company to be
appointed to carry out the advisory services and assistance requ ired for the
implementation of the Project;
"the Contract" shall mean the contract to be entered into between BAPEDAL
and the consultant regarding the implementation of the Project.


Article II
Scope and Objectives

1.

This MoU sets forth the terms and procedures for the cooperation between the Parties
for the establishment of the Project.

2.

The objective of the cooperation is to support and supplement the efforts of the
Government of the Republic of Indonesia to develop the environmental sector in the
rlanned period .from 1997 to 1999.

J.

The Proj ect is further described in the Project Document "C leaner Production in
Indonesia" dated 23 February 1996 and the amendments to the Project Docu men t
dated 8 March and 13 May 1996.


4.

The Goal of the Project is to improve the environmental conditions in Indonesia
through introducing the Cleaner Production method ("CP") in industrial compan ies in
the Province of Riau.

5.

The Purpose of the Project is to :
*
produce a technical analysis/CP assessment of I 0 companies with follow-up
recommend at ions,
train staff of BAPEDAL and local personnel of industrial companies in CP,
implement at least one demonstration project in CP, an_d
make publications of the results and experience gained by the Project.

Article Ill
Cooperation and Administration


I.

The Parties shall cooperate fully to ensure that the purpose of the Project 1s
successfully accomplished . To that effect each Party shal l furnish to the other Party
セ、ゥ@
such infom1 ati on as may reasonably be required pertaining to the Project.

2.

The Contract referred to in Art. I, clause I, as well as any amendment o f the
Contrac t shall be forw arded to NORAD for appro val before entering into force.

3.

The Project will be implemented in two phases as indicated in the Project Doc ument
referred to in Art. II, clause 3 of this MoU.

4.

Representatives of the Parties shall have consultations in Jakarta after the compl etion

of phase I of the Project in order to:
- review the progress of the Project;
- approve workplans and budgets for phase 2;
- discuss issues of special concern for the implementation of the Project.

2

The documentation specified in Art VIII, clause I, shall fom1 the basis for the
consultations.
BAPEDAL will be responsible for arranging the consultations and will forward to
NORAD the documentation referred to in Art. VITI, clause I, no later than 3
(three) weeks before the consultations.
Central elements of the discussions and all desicions from the consultations shall be
recorded in Agreed Minutes.

Article IV
Contributions and Obligations of NORAD

I.


NORAD shall, subject to Parliamentary appropriations, on the tem1s and procedures
set out or referred to herein, make available to BAPEDAL a financial grant not
exceeding NOK 3.169.075 (three million one hundred and sixty nine thousand and
seventy five Norwegian Kronor) ("the Grant"), to be used exclusively to finance the
Project.

2.

NORAD reserves the right to withhold disbursements at any time in case of i.e.:
*
the Project develops unfavorably in relation to the Goal and Purpose:
*
substantial deviations from agreed pl arts and budgets occur;
*
resources to be allocated by BAPEDAL are not provided as agreed upon:
*
reports and documentation specified in this MoU is not delivered as agreed
upon.

3.


NORAD reserves the right to claim repayments in full or in part of funds from the
Grant if the funds or part of the funds are found to be misused or not satsi factori ly
accounted for.

4.

Before withholding any disbursements or claiming repa yment the Parties shal l
co nsult with a view to reaching a solution in the matter.

5.

Any accrued interest on the Grant may be used for the benefit of the Project, as agreed
by the Parties in writing.

6.

Any funds not fully utilized for one activity may upon previous written agreement
between the Parties be utilized for the benefit of other activities within the Project.


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Article V
Contributions and Obligations of BAPEDAL

BAPEDAL, in accordance with the prevailing laws and regulations in the Republic of
Indonesia as well as the procedures and policy of the government concerning
international technical cooperation, shall:
1.

Have the overall responsibility for the planning, administration and implementation of
the Project.

2.

Ensure that the Grant is reflected in the plans and budgets of BAPEDAL, and that
accounts for the Project are kept in accordance with generally accepted accounting
practices.

3.


Finance the local currency costs not exceeding Rp 130,000,000 (one hundred thirty
million rupiahs) for providing and bearing the costs of additional qualified staff,
manpower, facilities, services and any financial or other resources that may be
required over and above the Grant to secure a successful implementation of the
Project.

4.

Furnish the Consultant over and above the Grant with all such data and in forn1ation
relevant to the Project as may be reasonably requested with a view to secure the
successful implementation of.the Project.

5.

Seek exemption for or pay the Consultant any internal revenue tax payable Linder
Indonesian law in respect of the emoluments paid by NORAD, in accordance with the
Convention between the Kingdom of Norway and the Republic of Indonesia for the
avoidance of double taxation and the prevention of fiscal evasion with respect to taxes
on income and capital.


6.

Seek exemption for or pay and customs duties, sales taxes and other taxes, fees and
levies on all equipment, materials and supplies financied by the Grant and imported
into Indonesia for the purpose of the Project. However, if specialist equipment
exempted from customs duties, taxes, fees and/or levies is disposed of in Indonesia
other than to a person or organisation entitled to a similar exemption, such person or
organisation will be liable to pay duties, taxes, fees and levies at the rate required by
Indonesian law.

7;

Assist in granting visa, any necessary permits, licences and foreign exchange
permissions that may be required in connection with the implementation of the
Project.

8.

Promptly inform NORAD of any condition which interfers or threatens to interfere

with the successful implementation of the Project.

4

9.

Assist representatives from NORAD to obtain permission to visit any part of Indonesia
and examine any relevant records, goods and documents for purposes related to this
MoU.

Article VI
Procurement

1.

Procurement of goods for the Project shall be performed by the Consultant in
accordance with the terms and procedures to be regulated in the contract with the
Consultant.

Article VII
Disbursements

1.

Payments for the Project costs to be met by the Grant and which according to the
Contract shall cover local cost components, shall be made by NORAD to BAPEDAL
as follows:
·
After signing of this MoU and NORAD's approval of the Contract referred to in
Art. III, clause 2 above, NORAD will transfer· the amount allocated in the Contract to.
cover such expenses for phase I of the Project
After the consultations referred to in Art. III, clause 4 and NORAD has approved the
status report and statement of accounts from phase I as stated in Art . Vil I. clausl? I the
amount agreed upon at the consultations will be transferred to BAPEDAL to cover
such expenses for phase 2 of the Project.

2.

The funds will be transferred to the following bank account of BAPEDAL and be
available for the Project immediately.
Account No. 259.000520767.901, Bank BNI 46 Att: Mr. Marzuki Rivai, cc.
BAPEDAL, Kantor Cabang Sudirman, Jakarta Pusat.
BAPEDAL shall immediately, in writing, acknowledge receipt of the funds.

3.

Payments for Project costs which according to the Contract shall cover costs incurred
by the Consultant, will be made quarterly by NORAD to the Consultant upon receipt
and approval of certified invoices issued by the consultant and approved by
BA PEDAL.

4.

All disbursement of the funds shall refer to Annex I of this MoU.

s

Article VIII
Reports

BAPEDAL shall submit to NORAD:
I.

\V1thin 3 months after the completion of phase I of the Project a status report of this
phase. The status report shall be accompanied by a statement of accounts showing
income and expenditures for phase I of the Project. Any amount, including interest if
any, which is already disbursed but not fully utilized shall be taken into account.
A fomrnt for the status report is given in Annex II attached hereto.

2.

Within 6 months after completion of phase 2 a final report of the Project.
The Report shall include:

*

A summary of the outputs and activities undertaken, achievements compared
to Goal and Purpose and an assessment of the efficiency of the Project;
Incorporate suggestions for further envirdnmental improvements in the
industry as a combination to CP, e.g. financial mechanism, regulations,
incentives, training etc;

*

Audited accounts for payments made in accordance with Art. VIII, clause I
above, covering both Phase l and 2 of the Project. The audit shall be
performed by the internal 。オ、ゥエッイセ@
ッセ@ BAPEDAL.
The audit shal l certify:

*

*
*

The audit principles adhered to; ·
That all relevant regulations concerning foreign exchange trans.ict1011s arc
followed;
Transfer o!' funds from the Grant, from receipt by the relevant central authority
to final use by the responsible Project authorities;
The completeness and correctness of the figures in the accounts and that the
account reflects the actual situation in the Project;
Any essential remarks made under the auditing.

3.

Copies of publications done under or as a result of the Project shall be submitted to
NORAD for infom1ation.

4.

NORAD shall submit annual reports to BAPEDAL on payments made by NORAD

according to Art.VII, clause 3 above.

Article IX
Amendments

Thi s MoU may be am ended at any time by mutual consent of the Parties.

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Article X
Settlement of Dispute

Any dispute arising concerning the implementation or interpretation of this MoU, shall
be settled amicably through negotiations or consultations between the Parties with a view to
securing a successful realisation of this MoU.

Article XI
Entry into Force and Termination

I.

This MoU shall enter into force on the date of its signature and shall remain in force
until both Parties have fulfilled all obligations arising from it. Whether these
obligations shall be regarded as fulfilled shall be determinated in consultations
between the Parties.

2.

Notwithstanding the previous clause, either Party may terminate the present MoU
by giving three months' written notice to the other Party.

In witness whereof the undersigned have signed this MoU in two originals in the English
language.

Done in .. .セNアmエ@

.... ... ... ........ this ....... 7..th .... day of ........Mey.. ............................. .. 1998.

· For the Environmental Impact
Management Agency (BAPEDAL)

Signed

For the Norwegian Agency for
Development Cooperation (NORAD)

Signed

................. "' ..... .... ... .............. ......... ....... ........ ..
Ors Sukardi
Vice-Chairman of llapedal

Jan Wessel Hegg
Ambassador of the Roya) Norwegian
Embassy

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TENTATIVE BUDGET FOR CLEANER PRODUCTION PROJECT .

ANNEX I

BUDGET for phase I, NORAD

I USO =6.50 NOK
Preparation (USO 850x I0)*
Local training and
promotion material
Field Mission (USO 850x20)*
Preparation of phase 2 (USO 850x20)*
All tickets Oslo-Jakarta-Oslo
(USO 4500 x 3)
Day Allowance (USO l 00x28)*
Night Allowance (USO 100x26)*
Local costs, travel, communication
Contingency
Administration and management

55.250
109.850
132.600
110.500

408 .200

87.750
18.200
27.950
9.750
20.150
78 .650

242.450
In country travel (3 BAPEDAL staff) .
Photocopy and Reproduction
Communication local and international

22.750
6.500
13.000
42.250

Technical Mission to Norway
2 BA PEDAL staff -30 days
air tickets (USO 4500x2)
Allowances and accomodation
(USO 265 x 30)
Miscellaneous
Total NORAD phase I, NOK

* estimated rates multiplied with number
of working days
Budget for phase 1

58.500
51.675
14.300
817.375 .

124.475
817.735

TENTATIVE BUDGET FOR CLEANER PRODUCTION PROJECT

ANNEX I

BAPEDAL Contribution in USD
Project preparation
In-kind, local counterpart salary,
office space and miscellaneous

2.000
10.000
12.000

Total BAPEDAL for phase I

12.000

BUDGET for phase 2
BA PEDAL Contribution in USO
10.000

Coordination meeting
In-kind, local counterpart salary,
office space and miscellaneous

30.000
40.000

Total BAPEDAL for phase 2

40.000

Total Contribution BAPEDAL in USD ·

52.000

2

TENTATIVE BUDGET FOR CLEANER PRODUCTION PROJECT
ANNEX I

BUDGET for phase 2, NORAD
I USO= 6,50 NOK
Preparation (USO 850 x I0)
Case studies advisors
(USO 850x 125)
Local training
and promotion material
Reporting and diffusion of
reports (USD 850x20)

55 .250
690.950
162.500
110.500
1.019.200

Air tickets Oslo-Jakarta
(USO 4.500 x I 0)
Day Allowance
(USO l 00 x 125)*
Night Allowance
(USO 165 x 125)*
Local cost, travel , communication
Contingency
Aaministration and management

292.500
81 .250
133.250
65 .000
65.000.
130.000
767.000
130.000
390.000
13.000
13.000
19.500

In country travel
CP Assesment
Demonstration project
Photocopy and reproduction
Mi see 11 aneous

565 .500
Total NORAD phase 2, NOK

2.351. 700

*estimated rates multiplied with number
of working days

Total Proj ect cost
NORAD phase I+ 2

3.169.075

NOK
3

2.351 .700

ANNEX II
STATUS REPORT

I.

PROJECT NAME

2.

IMPLEMENT AT!ON INSTITUTION

3.

PROJECT DESIGN (as stated in the Project Document)
*Goal
* Purpose
* Outputs

4.

USE OF INPUTS
* Statements of accounts, specifying income from all sources including NORAD's
contribution
* Use of equipment
consultants and institutional partner
* Use of technical assistance ーセイウッョ・ャL@
* Use of local institutions and personnel

5.

PROGRESS OF IMPLEMENTATION
* Achievements (outputs)

* Problems/obstacles
6.

ASSESSMENTS

* Efficiency of project activities, relating outputs to inputs
* Need for adjustments to workplans, time schedules or budgets.

·'

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