Selanjutnya
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND THE GOVERNMENT OF AUSTRALIA
ON
COLLABORATIVE ANIMAL, FISH AND PLANT HEALTH AND
QUARANTINE ACTIVITIES
The Government of the Republic of Indonesia and the Government of Australia,
hereinafter referred to as "the Parties",
Wishing to maintain the existing friendly relations between the two countries in the
fields of animal, fish and plant health and quarantine activities.
Desiring to develop cooperation between the both Parties in the field of Sanitary and
Phytosanitary Measures.
Referring to the General Agreement on Development Cooperation between the
Government of the Republic of Indonesia and the Government of Australia signed in
Jakarta on 9 July 1998
Superseding to the Memorandum of Understanding between the Government of the
Republic of Indonesia and the Government of Australia on Collaborative Animal and
Plant Health and Quarantine Activities signed on July 29th, 2003
Pursuant to prevailing laws and regulations in the respective countries,
Have mutually decided upon the following understandings:
Article I
OBJECTIVE
The objective of the Memorandum of Understanding is to encourage the
development of collaborative animal, fish and plant health and quarantine activities.
Article II
DEFINITIONS
In this Memorandum of Understanding:
1.
'Indonesian personnel' means:
Indonesian nationals
2.
•
'Australian personnel' means:
a.
b.
c.
Australian nationals; or
permanent residents of Australia; or
other persons who are not nationals of Indonesia who are participating
in activities under this Memorandum of Understanding and whose
salaries or other costs are funded from the Australian contribution to the
activity under agreement both parties.
3.
'Program supplies' means equipment, materials and other goods supplied
for the execution of an activity under this Memorandum of Understanding, the
cost of which is funded from the Australian contribution to the activity,
4.
'Recognized collection' means a properly curated collection held by a
scientific institution such as a museum, university or research centre which
allows access to the collection for scientific study.
Article Ill
SCOPE OF COOPERATION
The program of collaborative activities of this Memorandum of Understanding
should, resources allowing, include:
1.
Exchange of information on:
a. Pest and disease status and on occurrences of common concern
b. Techniques and treatment methods to reduce or eliminate quarantine risk;
c. Animal, fish and plant quarantine import and export procedures and
measures
d. Trans boundary movement of Invasive Alien Species
e. Laboratory diagnostic, bio-safety and bio-security measures and
information management systems
2.
Conduct of joint pests and diseases surveys and other projects which are of
mutual benefit to both Parties
3.
Development of effective animal, fish and plant health and quarantine
infrastructure and human resources designed to protect both Parties from the
entry of pests and diseases.
4.
The promotion of collaborative research, designed to improve animal, fish
and plant health and quarantine security, between Indonesian and Australian
institutions and personnel
5.
The encouragement and promotion of collaborative relations between
institutions and personnel of both Parties.
6.
The promotion of quarantine awareness and any other forms of quarantine
activities which may be mutually beneficial to the Parties.
7.
Annual meetings alternately held in each of the countries of the Parties of
animal, fish and plant health and quarantine officials and related institutions of
both Parties.
8.
Any other form of cooperation which may be mutually agreed by the Parties.
Article IV
GOVERNMENT AGENCIES
1.
Indonesian Party will implement the program of collaborative animal, fish and
plant health quarantine activities through the Ministry of Agriculture (MoA),
Ministry of Marine Affairs and Fisheries (MMAF) and Ministry of Forestry
(MoF).
2.
Australian Party will implement the program of collaborative animal, fish and
plant health quarantine activities through the Department of Agriculture,
Fisheries and Forestry (DAFF).
3.
Both Parties will be responsible for the planning, implementation and coordination of activities in their respective country under this Memorandum.
These functions will include but are not limited to:
a. Establishing priorities for the programs;
b. Selecting high priority activities for implementation under the programs;
c. Setting the objectives of selected activities and describing their potential
benefits;
d. Reviewing and reporting on progress in the program to the Parties;
e. Recommending any appropriate changes to the programs.
Article V
FINANCIAL COMMITMENTS
1.
Any financial contribution of the Parties to the program of collaborative animal,
fish and plant health and quarantine activities will be subject to the availability
of funds.
2.
The Australian Party should meet the following costs for activities carried out
under the programs:
a. The costs of providing materials and equipment for use in collaborative
activities as well as any other activity costs incurred in Indonesia as
agreed to between MoA, MMAF, MoF and DAFF;
b. The return airfares from Australia to the area of activity in Indonesia,
salaries, accommodation and living expenses of Australian personnel
while in Indonesia
c. The cost for a selected and limited number, as agreed to by the Party, of
Indonesian personnel to be trained in Australia in the fields of animal, fish
and plant health and quarantine
3.
Unless otherwise provided, the Indonesian Party should normally meet the
costs of salaries and allowances of Indonesian personnel, materials, services
and equipment supplied from and within Indonesia together with laboratory
and office accommodation, administrative and laboratory support.
4.
The Australian Party should consider on a case-by-case basis requests by the
Government of the Indonesian Party for the reimbursement of costs
associated with any visits to Australia by Indonesian personnel which are
necessary for the satisfactory implementation of this Memorandum of
Understanding.
Article VI
PERSONNEL
Both Parties will in accordance with its prevailing laws and regulations in force from
time to time facilitate the work of Australian and Indonesian personnel as required for
the programs by:
1.
Granting to Australian and Indonesian program personnel the same rights and
entitlements accorded to development assistance personnel of any other
country.
2.
Expediting the issue of all documentation required for the entry of, and
performance of work by, Australian and Indonesian personnel including
application for work permits or certificates for eligible persons.
Article VII
PROGRAM SUPPLIES AND TECHNICAL MATERIALS
In respect of all program supplies and technical materials (including professional and
technical equipment and goods imported into Indonesia or procured in Indonesia by
Australian personnel or Australian institutions and organizations for their professional
use while engaged in an activity under this Memorandum of Understanding), the
Government of the Republic of Indonesia will:
1.
In accordance with its laws and regulations, in force from time to time either
exempt the items from Indonesian import duties and other taxes, or reimburse
such duties and taxes, on all supplies purchased by Australia for each
program activity.
2.
Provide appropriate customs and wharf age facilities at the port of entry
3.
Be responsible for inspection fees, storage charge and all other levies, duties,
fees or charges on program supplies purchased in or imported into Indonesia.
4.
Be responsible for the expeditious transport of such equipment and supplies
to the activity sites.
5.
In accordance with its laws and regulations, in force from time to time facilitate
export clearance of samples and specimens obtained during the program
activities and which need to be tested in countries other than Indonesia.
Article VII I
LIABILITY
1.
The Indonesian Party should be responsible for the conduct and handling of
any claims resulting from operations under this Memorandum of
Understanding which may be brought in Indonesia by third parties against the
Commonwealth of Australia, its experts, agents or Australian program
personnel and will hold harmless the Commonwealth of Australia, its experts,
and Australian program personnel in relation to such claims or liabilities.
2.
The Australian Party should be responsible for the conduct and handling of
any claims resulting from operations under this Memorandum of
Understanding which may be brought in Australia by third parties against the
Republic of Indonesia, its experts, agents or Indonesian program personnel
and will hold harmless the Republic of Indonesia and its experts, agents and
Indonesian program personnel in relation to such claims or liabilities.
3.
The provisions of clauses 1 and 2 of Article VIII above will not relieve any
person from civil liability where it is mutually decided by both Parties that
liability results from any criminal, grossly negligent or fraudulent act on the
part of that person.
4.
It is mutually understood that the person or party indemnified in clauses 1 and
2 of Article VIII above shall give such help to the party responsible for the
conduct and handling of the claim as may reasonably be required in the
conduct and handling of the claim.
Article IX
SECURITY AND PROTECTION OF PERSONNEL
Both Parties shall arrange necessary protection to ensure the safety of Indonesian
and Australian personnel, activities and personnel equipment at any program
location in Indonesia and Australia, in transit to program locations, and on any other
official representative activity in Indonesia and Australia. Both Parties shall take
reasonable precautions to ensure that Indonesian and Australian personnel have
due regard for local traditions and customs.
Article X
DISCLOSURE OF INFORMATION
1.
Each Party and its personnel will not, without the prior written approval of the
other Party, disclose or publish to any person other than program personnel
or the other Party, any program information. In giving written approval the
other Party may impose such terms and conditions as it thinks fit.
2.
Each Party will ensure that its program personnel will disclose without delay to
both Parties any information relating to detection or outbreak and treatment of
pests and diseases in Indonesia.
Article XI
PUBLICATION
The results of collaborative scientific research under the program should be reported
to both Parties prior to joint publishing by Indonesian and Australian personnel.
Article XII
LIMITATION OF ACTIVITIES OF PERSONNEL
Each Party shall ensure that its personnel, while engaged in the activities and
programs under the Memorandum of Understanding, will observe the host Party's
laws and will abstain from any activity inconsistent with the intent and provisions of
this Memorandum of Understanding and from all internal or political activity or any
commercial activity for personal profit in the territory of the host Party.
Article XI 11
IMPORTANT SPECIMENS AND OTHER MATERIAL
If, as part of program activities, specimens or material of taxonomic, systematic,
diagnostic or other scientific importance are obtained, the specimens or materials
must be forwarded within 2 (two) years to a National Collection of the Republic of
Indonesia.
Article XIV
DUPLICATE SPECIMENS AND OTHER MATERIAL OF LESSER IMPORTANCE
If, as part of program activities:
1.
duplicate of specimens or materials of taxonomic, systematic, diagnostic or
other scientific importance; or
2.
specimens or materials of taxonomic, systematic, diagnostic or other scientific
but lesser importance are obtained, the specimens or material may be
forwarded to recognized collections by mutual determination in writing of the
Government of the Republic of Indonesia and the Government of Australia.
Article XV
SETTLEMENT OF DISPUTES
Any differences regarding the interpretation or implementation of this Memorandum
of Understanding shall be settled amicably by consultation or negotiation between
the Parties.
Article XVI
INTELLECTUAL PROPERTY RIGHTS
1.
Any intellectual property right brought by one of the Parties for the
implementation of co-operative activities under this Memorandum of
Understanding should remain the property of that Party. However, that Party
should give assurance that the intellectual property right did not result from
the infringement of any third party's legitimate rights. Further, that Party
should be liable for any claim made by any third party on the ownership and
legality of the use of the intellectual property right which is brought in by the
aforementioned Government for the implementation of activities under this
Memorandum of Understanding.
2.
Any intellectual property right, data and information resulting from research
activities conducted under this Memorandum of Understanding should be
jointly owned by both Parties, and both Parties_will be allowed to use such
property for non-commercial purposes free of royalty. Should the intellectual
property right, data and information resulting from activities under this
Memorandum of Understanding be used for commercial purpose by one
Party, the other Party should be entitled to the royalties obtained from
exploitation of such property on the basis of the principle of equitable
contribution.
3.
If either Party wishes to disclose confidential data or information resulting from
the co-operative activities under this Memorandum of Understanding to any
third party, the disclosing Party must obtain prior consent from the other Party
before any disclose can be made.
4.
Whenever either Party requires the co-operation of another party for any
commercial undertaking resulting from intellectual property covered by this
Memorandum of Understanding, this Party will give first preference of the
cooperation to the other Party under this Memorandum of Understanding
which will be waived , if the other Party is unable to participate in a mutually
beneficial manner.
Article XVI I
AMENDMENTS
1.
This Memorandum of Understanding may be amended at any time by mutual
agreement in writing between the Parties.
2.
The process for amendment should be based on the bilateral consultative
discussion or written communication through diplomatic channels.
Article XVI 11
ENTRY INTO FORCE, DURATION, AND TERMINATION
1.
This Memorandum of Understanding shall come into effect on the date of its
signature.
2.
This Memorandum of Understanding shall be valid for a period of 5 (five)
years, and shall be automatically renewed for every successive period of 5
(five) years.
3.
Each Party may terminate this Memorandum of Understanding at any time by
giving a written notification 6 (six) months in advance of such termination to
the other Party.
4.
The termination of this Memorandum shall not affect the validity and duration
of any on going programs and projects made under this memorandum of
Understanding until the completion of such programs and projects unless the
Parties decide other wise.
IN WITNESS WHEREOF, the undersigned, have signed this Memorandum of
Understanding.
Signed at Surakarta on this 2th day of August 2008, in 2 (two) originals in the
English language.
FOR THE GOVEIIRNMENTDF
THE REPUBLIC
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND THE GOVERNMENT OF AUSTRALIA
ON
COLLABORATIVE ANIMAL, FISH AND PLANT HEALTH AND
QUARANTINE ACTIVITIES
The Government of the Republic of Indonesia and the Government of Australia,
hereinafter referred to as "the Parties",
Wishing to maintain the existing friendly relations between the two countries in the
fields of animal, fish and plant health and quarantine activities.
Desiring to develop cooperation between the both Parties in the field of Sanitary and
Phytosanitary Measures.
Referring to the General Agreement on Development Cooperation between the
Government of the Republic of Indonesia and the Government of Australia signed in
Jakarta on 9 July 1998
Superseding to the Memorandum of Understanding between the Government of the
Republic of Indonesia and the Government of Australia on Collaborative Animal and
Plant Health and Quarantine Activities signed on July 29th, 2003
Pursuant to prevailing laws and regulations in the respective countries,
Have mutually decided upon the following understandings:
Article I
OBJECTIVE
The objective of the Memorandum of Understanding is to encourage the
development of collaborative animal, fish and plant health and quarantine activities.
Article II
DEFINITIONS
In this Memorandum of Understanding:
1.
'Indonesian personnel' means:
Indonesian nationals
2.
•
'Australian personnel' means:
a.
b.
c.
Australian nationals; or
permanent residents of Australia; or
other persons who are not nationals of Indonesia who are participating
in activities under this Memorandum of Understanding and whose
salaries or other costs are funded from the Australian contribution to the
activity under agreement both parties.
3.
'Program supplies' means equipment, materials and other goods supplied
for the execution of an activity under this Memorandum of Understanding, the
cost of which is funded from the Australian contribution to the activity,
4.
'Recognized collection' means a properly curated collection held by a
scientific institution such as a museum, university or research centre which
allows access to the collection for scientific study.
Article Ill
SCOPE OF COOPERATION
The program of collaborative activities of this Memorandum of Understanding
should, resources allowing, include:
1.
Exchange of information on:
a. Pest and disease status and on occurrences of common concern
b. Techniques and treatment methods to reduce or eliminate quarantine risk;
c. Animal, fish and plant quarantine import and export procedures and
measures
d. Trans boundary movement of Invasive Alien Species
e. Laboratory diagnostic, bio-safety and bio-security measures and
information management systems
2.
Conduct of joint pests and diseases surveys and other projects which are of
mutual benefit to both Parties
3.
Development of effective animal, fish and plant health and quarantine
infrastructure and human resources designed to protect both Parties from the
entry of pests and diseases.
4.
The promotion of collaborative research, designed to improve animal, fish
and plant health and quarantine security, between Indonesian and Australian
institutions and personnel
5.
The encouragement and promotion of collaborative relations between
institutions and personnel of both Parties.
6.
The promotion of quarantine awareness and any other forms of quarantine
activities which may be mutually beneficial to the Parties.
7.
Annual meetings alternately held in each of the countries of the Parties of
animal, fish and plant health and quarantine officials and related institutions of
both Parties.
8.
Any other form of cooperation which may be mutually agreed by the Parties.
Article IV
GOVERNMENT AGENCIES
1.
Indonesian Party will implement the program of collaborative animal, fish and
plant health quarantine activities through the Ministry of Agriculture (MoA),
Ministry of Marine Affairs and Fisheries (MMAF) and Ministry of Forestry
(MoF).
2.
Australian Party will implement the program of collaborative animal, fish and
plant health quarantine activities through the Department of Agriculture,
Fisheries and Forestry (DAFF).
3.
Both Parties will be responsible for the planning, implementation and coordination of activities in their respective country under this Memorandum.
These functions will include but are not limited to:
a. Establishing priorities for the programs;
b. Selecting high priority activities for implementation under the programs;
c. Setting the objectives of selected activities and describing their potential
benefits;
d. Reviewing and reporting on progress in the program to the Parties;
e. Recommending any appropriate changes to the programs.
Article V
FINANCIAL COMMITMENTS
1.
Any financial contribution of the Parties to the program of collaborative animal,
fish and plant health and quarantine activities will be subject to the availability
of funds.
2.
The Australian Party should meet the following costs for activities carried out
under the programs:
a. The costs of providing materials and equipment for use in collaborative
activities as well as any other activity costs incurred in Indonesia as
agreed to between MoA, MMAF, MoF and DAFF;
b. The return airfares from Australia to the area of activity in Indonesia,
salaries, accommodation and living expenses of Australian personnel
while in Indonesia
c. The cost for a selected and limited number, as agreed to by the Party, of
Indonesian personnel to be trained in Australia in the fields of animal, fish
and plant health and quarantine
3.
Unless otherwise provided, the Indonesian Party should normally meet the
costs of salaries and allowances of Indonesian personnel, materials, services
and equipment supplied from and within Indonesia together with laboratory
and office accommodation, administrative and laboratory support.
4.
The Australian Party should consider on a case-by-case basis requests by the
Government of the Indonesian Party for the reimbursement of costs
associated with any visits to Australia by Indonesian personnel which are
necessary for the satisfactory implementation of this Memorandum of
Understanding.
Article VI
PERSONNEL
Both Parties will in accordance with its prevailing laws and regulations in force from
time to time facilitate the work of Australian and Indonesian personnel as required for
the programs by:
1.
Granting to Australian and Indonesian program personnel the same rights and
entitlements accorded to development assistance personnel of any other
country.
2.
Expediting the issue of all documentation required for the entry of, and
performance of work by, Australian and Indonesian personnel including
application for work permits or certificates for eligible persons.
Article VII
PROGRAM SUPPLIES AND TECHNICAL MATERIALS
In respect of all program supplies and technical materials (including professional and
technical equipment and goods imported into Indonesia or procured in Indonesia by
Australian personnel or Australian institutions and organizations for their professional
use while engaged in an activity under this Memorandum of Understanding), the
Government of the Republic of Indonesia will:
1.
In accordance with its laws and regulations, in force from time to time either
exempt the items from Indonesian import duties and other taxes, or reimburse
such duties and taxes, on all supplies purchased by Australia for each
program activity.
2.
Provide appropriate customs and wharf age facilities at the port of entry
3.
Be responsible for inspection fees, storage charge and all other levies, duties,
fees or charges on program supplies purchased in or imported into Indonesia.
4.
Be responsible for the expeditious transport of such equipment and supplies
to the activity sites.
5.
In accordance with its laws and regulations, in force from time to time facilitate
export clearance of samples and specimens obtained during the program
activities and which need to be tested in countries other than Indonesia.
Article VII I
LIABILITY
1.
The Indonesian Party should be responsible for the conduct and handling of
any claims resulting from operations under this Memorandum of
Understanding which may be brought in Indonesia by third parties against the
Commonwealth of Australia, its experts, agents or Australian program
personnel and will hold harmless the Commonwealth of Australia, its experts,
and Australian program personnel in relation to such claims or liabilities.
2.
The Australian Party should be responsible for the conduct and handling of
any claims resulting from operations under this Memorandum of
Understanding which may be brought in Australia by third parties against the
Republic of Indonesia, its experts, agents or Indonesian program personnel
and will hold harmless the Republic of Indonesia and its experts, agents and
Indonesian program personnel in relation to such claims or liabilities.
3.
The provisions of clauses 1 and 2 of Article VIII above will not relieve any
person from civil liability where it is mutually decided by both Parties that
liability results from any criminal, grossly negligent or fraudulent act on the
part of that person.
4.
It is mutually understood that the person or party indemnified in clauses 1 and
2 of Article VIII above shall give such help to the party responsible for the
conduct and handling of the claim as may reasonably be required in the
conduct and handling of the claim.
Article IX
SECURITY AND PROTECTION OF PERSONNEL
Both Parties shall arrange necessary protection to ensure the safety of Indonesian
and Australian personnel, activities and personnel equipment at any program
location in Indonesia and Australia, in transit to program locations, and on any other
official representative activity in Indonesia and Australia. Both Parties shall take
reasonable precautions to ensure that Indonesian and Australian personnel have
due regard for local traditions and customs.
Article X
DISCLOSURE OF INFORMATION
1.
Each Party and its personnel will not, without the prior written approval of the
other Party, disclose or publish to any person other than program personnel
or the other Party, any program information. In giving written approval the
other Party may impose such terms and conditions as it thinks fit.
2.
Each Party will ensure that its program personnel will disclose without delay to
both Parties any information relating to detection or outbreak and treatment of
pests and diseases in Indonesia.
Article XI
PUBLICATION
The results of collaborative scientific research under the program should be reported
to both Parties prior to joint publishing by Indonesian and Australian personnel.
Article XII
LIMITATION OF ACTIVITIES OF PERSONNEL
Each Party shall ensure that its personnel, while engaged in the activities and
programs under the Memorandum of Understanding, will observe the host Party's
laws and will abstain from any activity inconsistent with the intent and provisions of
this Memorandum of Understanding and from all internal or political activity or any
commercial activity for personal profit in the territory of the host Party.
Article XI 11
IMPORTANT SPECIMENS AND OTHER MATERIAL
If, as part of program activities, specimens or material of taxonomic, systematic,
diagnostic or other scientific importance are obtained, the specimens or materials
must be forwarded within 2 (two) years to a National Collection of the Republic of
Indonesia.
Article XIV
DUPLICATE SPECIMENS AND OTHER MATERIAL OF LESSER IMPORTANCE
If, as part of program activities:
1.
duplicate of specimens or materials of taxonomic, systematic, diagnostic or
other scientific importance; or
2.
specimens or materials of taxonomic, systematic, diagnostic or other scientific
but lesser importance are obtained, the specimens or material may be
forwarded to recognized collections by mutual determination in writing of the
Government of the Republic of Indonesia and the Government of Australia.
Article XV
SETTLEMENT OF DISPUTES
Any differences regarding the interpretation or implementation of this Memorandum
of Understanding shall be settled amicably by consultation or negotiation between
the Parties.
Article XVI
INTELLECTUAL PROPERTY RIGHTS
1.
Any intellectual property right brought by one of the Parties for the
implementation of co-operative activities under this Memorandum of
Understanding should remain the property of that Party. However, that Party
should give assurance that the intellectual property right did not result from
the infringement of any third party's legitimate rights. Further, that Party
should be liable for any claim made by any third party on the ownership and
legality of the use of the intellectual property right which is brought in by the
aforementioned Government for the implementation of activities under this
Memorandum of Understanding.
2.
Any intellectual property right, data and information resulting from research
activities conducted under this Memorandum of Understanding should be
jointly owned by both Parties, and both Parties_will be allowed to use such
property for non-commercial purposes free of royalty. Should the intellectual
property right, data and information resulting from activities under this
Memorandum of Understanding be used for commercial purpose by one
Party, the other Party should be entitled to the royalties obtained from
exploitation of such property on the basis of the principle of equitable
contribution.
3.
If either Party wishes to disclose confidential data or information resulting from
the co-operative activities under this Memorandum of Understanding to any
third party, the disclosing Party must obtain prior consent from the other Party
before any disclose can be made.
4.
Whenever either Party requires the co-operation of another party for any
commercial undertaking resulting from intellectual property covered by this
Memorandum of Understanding, this Party will give first preference of the
cooperation to the other Party under this Memorandum of Understanding
which will be waived , if the other Party is unable to participate in a mutually
beneficial manner.
Article XVI I
AMENDMENTS
1.
This Memorandum of Understanding may be amended at any time by mutual
agreement in writing between the Parties.
2.
The process for amendment should be based on the bilateral consultative
discussion or written communication through diplomatic channels.
Article XVI 11
ENTRY INTO FORCE, DURATION, AND TERMINATION
1.
This Memorandum of Understanding shall come into effect on the date of its
signature.
2.
This Memorandum of Understanding shall be valid for a period of 5 (five)
years, and shall be automatically renewed for every successive period of 5
(five) years.
3.
Each Party may terminate this Memorandum of Understanding at any time by
giving a written notification 6 (six) months in advance of such termination to
the other Party.
4.
The termination of this Memorandum shall not affect the validity and duration
of any on going programs and projects made under this memorandum of
Understanding until the completion of such programs and projects unless the
Parties decide other wise.
IN WITNESS WHEREOF, the undersigned, have signed this Memorandum of
Understanding.
Signed at Surakarta on this 2th day of August 2008, in 2 (two) originals in the
English language.
FOR THE GOVEIIRNMENTDF
THE REPUBLIC