Selanjutnya
REPUBLIK INDONESIA
MEMORANDUM OF UNDERSTANDING
BETWEEN
Directorate General of Forest Protection
and Nature Conservation
MINISTRY OF FORESTRY
REPUBLIC OF INDONESIA
AND
Viet Nam Administration of Forestry
MINISTRY OF AGRICULTURE
AND RURAL DEVELOPMENT
THE SOCIALIST REPUBLIC OF VIET NAM
ON
COOPERATION IN WILDLIFE LAW ENFORCEMENT
December, 2012
. 7J:::--
Directorate General of Forest Protection and Nature Conservation of the Ministry of
Forestry, representing the national wildlife enforcement agencies of the Republic of
Indonesia and Viet Nam Administration of Forestry of the Ministry of Agriculture and
Rural Development, representing the national wildlife enforcement agencies of the
Socialist Republic of Viet Nam (Hereinafter referred to as the Parties);
RECOGNIZING that illicit trafficking in specimens of wild fauna and flora are prejudicial
to the planet's natural heritage and to the political, economic and social interests of
the Parties;
NOTING that the increase in illicit trafficking in specimens of wild fauna and flora,
particularly of endangered species included in CITES' appendices, necessitates
Wildlife, Forestry, Customs, Police, and other relevant enforcement authorities within
and between countries and networks to intensify their surveillance, investigative and
enforcement measures;
NOTING also the need to undertake strengthened activities for biodiversity and nature
conservation and sustainable use of the wildlife, as beneficial to the interests and
welfare of the people of the Parties;
RECOGNIZING that regional and bilateral cooperation is essential to protect natural
resources, wildlife habitats, and, particularly, entlangered species of wild fauna and
flora of the Parties;
CONSIDERING the Action Program for the period 2012-2015 on imp!ementing the
Joint Declaration of the Socialist Republic of Viet Nam and the Republic of Indonesia
on the friendship and comprehensive cooperation framework in the 21st century
signed in Jakarta on 14th September 2011;
RECALLING the outcome of the 1st and 2nd Bilateral Dialogues between Indonesia and
Viet Nam in 2010 and 2011 on strengthening cooperation and joint efforts on wildlife
law enforcement which resulted in the undertaking of strategic plans of mutual
ir.terest on cooperation on wildlife law enforcement, as well as on relevant matters
concerning biodiversity and nature conservation, sustainable forest management, and
legal timber trade;
TAKING INTO ACCOUNT the Terms of Reference (TOR) of the ASEAN-WEN adopted by
the 1st meeting of the ASEAN-WEN on May 25, 2006 which identifies strengthened
collaboration and cooperation among 10 ASEAN Member States on wildlife law
enforcements in terms of strengthened national task forces, public awareness,
capacity building, and cooperation on information sharing and ･ｸ｣ｨ｡ｮｦｾ［＠
TAKING INTO ACCOUNT that the areas of cooperation under this Memorandum of
Understanding shall be complementary to the activities carried cut in /\SEAN-WEN,
and in other relevant regional initiatives by the Parties;
-
IN THE SPIRIT of providing solid foundations for lasting partnership and cooperation
on efforts and activities at curbing the illegal trade in wildlife and strengthening
wildlife law enforcement;
PURSUANT to the prevailing laws and regulations of their respective countries;
HAVE AGREED as follows:
Article:! I
OBJECTIVE
The objective of this Memorandum of Understanding shall be to r-romote the
cooperation between the Parties, on the basis of equality, mutual benefit and
reciprocity in areas on wildlife law enforcement in order to eliminate illicit trafficking
in protected species of fauna and flora, as identified in Article II on Areas of
Cooperation, within their respective purview and in accordance with their respective
applicable national laws and regulations, and where applicable, international treaties
and conventions to which the Parties are parties to.
Article II
AREAS OF COOPERATION ON WILDLIFE LAW ENFORCEMENT
The Parties shall promote the following areas for strengthening cooperation:
1.
INFORMATION SHARING and EXCHANGE. Considering that both countries
share interests in undertaking joint efforts on information sharing and exchange as
well as effective coordination of enforcement, Parties shall actively cooperate in the
following areas:
a.
Sharing and dissemination of general information of common interest
on the illicit trafficking in specimens of CITES-listed species of wild
fauna and flora, and, when considered appropriate and permitted by
law, information on violations of relevant national laws and CITES,
including any final resu Its of investigations into such violations, to
enable better targeting of enforcement efforts and the dissemination
of intelligence;
b.
Specific exchange and coordination of information on and facilitation of
cooperation in wildlife and forest law enforcement issues including, but
not limited to, timber, pangolins, and tigers;
c.
Fostering direct and open commt:nications between and among
relevant law enforcement agencies, which may ｩｮ｣ｬｵｊｾ＠
Customs, Police
and Enforcement rangers, between the Parties through. activities such
as: the development of a directory of relevant law enforcement
agencies and contact persons, assigned by the respective authorities of
each country, and the establishment of a working group for bilateral
information exchange and coordination of relevant issues between the
two countries;
d.
Sharing and updating of respective national wildlife laws, regulations
and experiences on wildlife management; as well as permitting
procedures according to CITES;
e.
Providing, when ｡ｰｲｯｾｴ･＠
and permitted by law, necessary items or
quantities of substances for analytical or investigative purposes;
f.
Fostering closer cooperation on issues involving forensic examination
of evidence, developing cooperation ｡ｳｩｾｴｮ｣･＠
on forensic
examinations in accordance with respective regulation and terms
agreed by Parties;
g.
Enhancing the usage of existing law enforcement communications
mechanisms which may include, but not limited to: direct peer-to-peer
calls and emails, World Customs Organization online information
system, CITES and police messaging systems, ASEANAPOL, and through
ASEAN-WEN established platforms on law enforcement matters;
h.
Contributing to the ASEA!N-WEN Law Enforcement ,\ctions Database for
records of law enforcement actions in Indonesia and Viet Nam that will
contribute to the regional sharing of best practices, experiences, and
information in the ASEAl'J region.
2.
PUBLIC AWARENESS. Collaboration in the preparation of publications and
campaign and promotional materials of common interest, as may be relevant and
feasible, to raise the awareness against the illicit trafficking in specimens in wild fauna
and flora, as well as on biodiversity and nature conservation, within respective
countries and to inform relevant and responsible wildlife enforcement services.
3.
CAPACITY BUILDING and TRAINING. The Parties shall cooperate in conducting
capacity building activities, trainings, workshops or seminars on the subjects of
common interest on wildlife law enforcement and other areas of ｣ｯｰ･ｲ｡ｴｾｮＮ＠
4.
ENFORCEMENT COOPERATION and COORDINATION FACILITATION. The
Parties shall strengthen and facilitate enforcement cooperation and coordination in
order to respond to wildlife and forest law enforcement cases and for the future
development of wildlife and forest law enforcement in the region.
5.
OTHER AREAS OF COOPERATION. The Parties may, with mutual consent, also
cooperate in other areas to comprehensively cover biodiversity and nature
conservation and sustainable use of the wildlife.
This MoU could also be used as a reference document for the development of further
sectoral cooperation at implementation level of both countries, related to wildlife law
··""...:
... "".."!.''"""
enforcement including among others such as Customs, National Police, NCB-lnterpol
and Quarantine within both countries.
Article Ill
IMPLEM ENTATION
1.
The Parties shall establish a working group (WG) responsible for the
development of a strategic plan for activities of mutual interest under Article II, and,
specifically, in the identification, coordination, implementation, and monitoring of
activities conducted pursuant to this Memorandum of Understanding. The strategic
plan, mutually developed by the Parties, shall form an ir1tegral part of this
Memorar.dum of Understanding, unless otherwise agreed upon. The WG shall report
its progress of the cooperative activities under this MoU to the focal point from both
countries.
2.
Each Party shall appoint focal point for implementing the MoU. The focal point
for Indonesia shall be CITES Management Authority of Indonesia, Directorate
Investigation and Forest Protection, Directorate General of Forest Protection and
Nature Conservation of the Ministry of Forestry Indonesia. The focal point for the Viet
Nam side shall be CITES Management Authority of Viet Nam under the Viet Nam
Forest Atlmii1istration of the Ministry of Agriculture and Rural Development.
3.
The specific tasks, obligations
MEMORANDUM OF UNDERSTANDING
BETWEEN
Directorate General of Forest Protection
and Nature Conservation
MINISTRY OF FORESTRY
REPUBLIC OF INDONESIA
AND
Viet Nam Administration of Forestry
MINISTRY OF AGRICULTURE
AND RURAL DEVELOPMENT
THE SOCIALIST REPUBLIC OF VIET NAM
ON
COOPERATION IN WILDLIFE LAW ENFORCEMENT
December, 2012
. 7J:::--
Directorate General of Forest Protection and Nature Conservation of the Ministry of
Forestry, representing the national wildlife enforcement agencies of the Republic of
Indonesia and Viet Nam Administration of Forestry of the Ministry of Agriculture and
Rural Development, representing the national wildlife enforcement agencies of the
Socialist Republic of Viet Nam (Hereinafter referred to as the Parties);
RECOGNIZING that illicit trafficking in specimens of wild fauna and flora are prejudicial
to the planet's natural heritage and to the political, economic and social interests of
the Parties;
NOTING that the increase in illicit trafficking in specimens of wild fauna and flora,
particularly of endangered species included in CITES' appendices, necessitates
Wildlife, Forestry, Customs, Police, and other relevant enforcement authorities within
and between countries and networks to intensify their surveillance, investigative and
enforcement measures;
NOTING also the need to undertake strengthened activities for biodiversity and nature
conservation and sustainable use of the wildlife, as beneficial to the interests and
welfare of the people of the Parties;
RECOGNIZING that regional and bilateral cooperation is essential to protect natural
resources, wildlife habitats, and, particularly, entlangered species of wild fauna and
flora of the Parties;
CONSIDERING the Action Program for the period 2012-2015 on imp!ementing the
Joint Declaration of the Socialist Republic of Viet Nam and the Republic of Indonesia
on the friendship and comprehensive cooperation framework in the 21st century
signed in Jakarta on 14th September 2011;
RECALLING the outcome of the 1st and 2nd Bilateral Dialogues between Indonesia and
Viet Nam in 2010 and 2011 on strengthening cooperation and joint efforts on wildlife
law enforcement which resulted in the undertaking of strategic plans of mutual
ir.terest on cooperation on wildlife law enforcement, as well as on relevant matters
concerning biodiversity and nature conservation, sustainable forest management, and
legal timber trade;
TAKING INTO ACCOUNT the Terms of Reference (TOR) of the ASEAN-WEN adopted by
the 1st meeting of the ASEAN-WEN on May 25, 2006 which identifies strengthened
collaboration and cooperation among 10 ASEAN Member States on wildlife law
enforcements in terms of strengthened national task forces, public awareness,
capacity building, and cooperation on information sharing and ･ｸ｣ｨ｡ｮｦｾ［＠
TAKING INTO ACCOUNT that the areas of cooperation under this Memorandum of
Understanding shall be complementary to the activities carried cut in /\SEAN-WEN,
and in other relevant regional initiatives by the Parties;
-
IN THE SPIRIT of providing solid foundations for lasting partnership and cooperation
on efforts and activities at curbing the illegal trade in wildlife and strengthening
wildlife law enforcement;
PURSUANT to the prevailing laws and regulations of their respective countries;
HAVE AGREED as follows:
Article:! I
OBJECTIVE
The objective of this Memorandum of Understanding shall be to r-romote the
cooperation between the Parties, on the basis of equality, mutual benefit and
reciprocity in areas on wildlife law enforcement in order to eliminate illicit trafficking
in protected species of fauna and flora, as identified in Article II on Areas of
Cooperation, within their respective purview and in accordance with their respective
applicable national laws and regulations, and where applicable, international treaties
and conventions to which the Parties are parties to.
Article II
AREAS OF COOPERATION ON WILDLIFE LAW ENFORCEMENT
The Parties shall promote the following areas for strengthening cooperation:
1.
INFORMATION SHARING and EXCHANGE. Considering that both countries
share interests in undertaking joint efforts on information sharing and exchange as
well as effective coordination of enforcement, Parties shall actively cooperate in the
following areas:
a.
Sharing and dissemination of general information of common interest
on the illicit trafficking in specimens of CITES-listed species of wild
fauna and flora, and, when considered appropriate and permitted by
law, information on violations of relevant national laws and CITES,
including any final resu Its of investigations into such violations, to
enable better targeting of enforcement efforts and the dissemination
of intelligence;
b.
Specific exchange and coordination of information on and facilitation of
cooperation in wildlife and forest law enforcement issues including, but
not limited to, timber, pangolins, and tigers;
c.
Fostering direct and open commt:nications between and among
relevant law enforcement agencies, which may ｩｮ｣ｬｵｊｾ＠
Customs, Police
and Enforcement rangers, between the Parties through. activities such
as: the development of a directory of relevant law enforcement
agencies and contact persons, assigned by the respective authorities of
each country, and the establishment of a working group for bilateral
information exchange and coordination of relevant issues between the
two countries;
d.
Sharing and updating of respective national wildlife laws, regulations
and experiences on wildlife management; as well as permitting
procedures according to CITES;
e.
Providing, when ｡ｰｲｯｾｴ･＠
and permitted by law, necessary items or
quantities of substances for analytical or investigative purposes;
f.
Fostering closer cooperation on issues involving forensic examination
of evidence, developing cooperation ｡ｳｩｾｴｮ｣･＠
on forensic
examinations in accordance with respective regulation and terms
agreed by Parties;
g.
Enhancing the usage of existing law enforcement communications
mechanisms which may include, but not limited to: direct peer-to-peer
calls and emails, World Customs Organization online information
system, CITES and police messaging systems, ASEANAPOL, and through
ASEAN-WEN established platforms on law enforcement matters;
h.
Contributing to the ASEA!N-WEN Law Enforcement ,\ctions Database for
records of law enforcement actions in Indonesia and Viet Nam that will
contribute to the regional sharing of best practices, experiences, and
information in the ASEAl'J region.
2.
PUBLIC AWARENESS. Collaboration in the preparation of publications and
campaign and promotional materials of common interest, as may be relevant and
feasible, to raise the awareness against the illicit trafficking in specimens in wild fauna
and flora, as well as on biodiversity and nature conservation, within respective
countries and to inform relevant and responsible wildlife enforcement services.
3.
CAPACITY BUILDING and TRAINING. The Parties shall cooperate in conducting
capacity building activities, trainings, workshops or seminars on the subjects of
common interest on wildlife law enforcement and other areas of ｣ｯｰ･ｲ｡ｴｾｮＮ＠
4.
ENFORCEMENT COOPERATION and COORDINATION FACILITATION. The
Parties shall strengthen and facilitate enforcement cooperation and coordination in
order to respond to wildlife and forest law enforcement cases and for the future
development of wildlife and forest law enforcement in the region.
5.
OTHER AREAS OF COOPERATION. The Parties may, with mutual consent, also
cooperate in other areas to comprehensively cover biodiversity and nature
conservation and sustainable use of the wildlife.
This MoU could also be used as a reference document for the development of further
sectoral cooperation at implementation level of both countries, related to wildlife law
··""...:
... "".."!.''"""
enforcement including among others such as Customs, National Police, NCB-lnterpol
and Quarantine within both countries.
Article Ill
IMPLEM ENTATION
1.
The Parties shall establish a working group (WG) responsible for the
development of a strategic plan for activities of mutual interest under Article II, and,
specifically, in the identification, coordination, implementation, and monitoring of
activities conducted pursuant to this Memorandum of Understanding. The strategic
plan, mutually developed by the Parties, shall form an ir1tegral part of this
Memorar.dum of Understanding, unless otherwise agreed upon. The WG shall report
its progress of the cooperative activities under this MoU to the focal point from both
countries.
2.
Each Party shall appoint focal point for implementing the MoU. The focal point
for Indonesia shall be CITES Management Authority of Indonesia, Directorate
Investigation and Forest Protection, Directorate General of Forest Protection and
Nature Conservation of the Ministry of Forestry Indonesia. The focal point for the Viet
Nam side shall be CITES Management Authority of Viet Nam under the Viet Nam
Forest Atlmii1istration of the Ministry of Agriculture and Rural Development.
3.
The specific tasks, obligations