Selanjutnya
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
.
AND
THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF
SRI LANKA
ON
AGRICULTURE DEVELOPMENT COOPERATION
The Government of the Republic of Indonesia and the Government of the
Democratic Socialist Republic of Sri Lanka, hereinafter referred to as the Parties;
Taking into ·consideration that it is in the interest of the Parties to maintain and
strengthen their relations in the field of agriculture;.
Recognizing the importance of drawing a joint agriculture development program
for the effective utilization of resources of both countries in the agrarian field, considering
especially the potential of the two countries;
Conscious that the support of agriculture development in the two countries could
potentate the process of techriical cooperation between entities of the public sectors that
embrace and foster the agriculture sectors;
Referring to the Agreement between the Government of the Republic of Indonesia
and the Government of the Democratic Socialist Republic of Sri Lanka on Economic and
Technical Cooperation, signed at Jakarta on June I 0, 1996; ·
According to the prevailing laws and regulations in their respective countries;
Have agreed as follows :
Article I .
Purpose
The purpose of this Memorandum of Understanding (hereinafter referred to as
'Memorandum ) is to establish a framework to strengthen cooperation in the field of
agriculture and also to establish joint agricultural development program including
scientific, technology, capacity building and trade in agriculture and other related areas
between the Parties.
· ·
Article II
Scope of Cooperation
The broad areas of cooperation identified by the parties. are :
1. Exchange of scientific I technical information and documentation;
2. Promotion of agricultural trade;
3. Collaborative research;
4. Enhancement of cooperation and coordination within the international and regional
organizations;
5. Exchange agricultural science, technology and personnel;
6. Other forms of the cooperation as mutually agreed by both Parties.
Article III
Form of Cooperation
The objective of this Memorandum is to establish joint agricultural development program,
without prejudicing other fields of cooperation that may be considered in the future,
including:
l.
2.
3.
4.
5.
professional training;
rural extension, agricultural infonnation and documentation;
market development;
export and trade promotion;
promotion of contacts between the relevant private and public enterprises and
organizations;
6. south-south cooperation;
7. such other fields as may be agreed upon by both Parties.
Article IV
Competent Authorities
For implementation of this Memorandum, the competent authorities of both Parties shall,
subject to the domestic laws of the respective countries, endeavor to facilitate the
necessary support and facilities to implement joint agricultural development program,
taking into consideration especially the potential program in both countries and to enhance
trade in agricultural products.
Article V
Establishment of a Joint Agricultural Cooperation Committee
1. The Parties agree to establish a Joint Agricultural Cooperation Committee (hereinafter
referred to as "JACC") to manage the cooperation in this Memorandum.
2. The JACC shall be constituted by The Ministry of Agriculture of the Republic of
Indonesia and The Ministry of Agriculture and Livestock of The Democratic Socialist
Republic of Sri Lanka. It will consist of Senior Officials of both Ministries in equal
proportion.
3. The JACC shall meet every two years or at anytim e as mutually agreed, alternately in
Indonesia or Sri Lanka to evaluate and approve working program and report on
working progress.
4. In between the meetings, the coordination of the program agreed upon by the JACC
shall be undertaken by the liaison secretaries respectively designated by both Parties.
5. In order to ensure the efficiency of the JACC meetings, the two Parties will coordinate
and consult each other on the agenda items prior to each session. For this purpose,
each Party shall provide through the normal procedures as early as possible, with its
cooperation and exchange project proposals for consideration and discussion.
Article VI
Provision for Signing of Other Related Protocols
The agricultural cooperation establishment by this Memorandum shall create the
possibility of signing specific protocols between the Parties and other institutions, which
deal with the agrarian sector in the Countries of the Parties.
Article VII
Technical Cooperation
The cooperation activities between the Parties shall be developed in general through the
JACC in the form of scientific and technical collaboration, training and information
sharing, with special emphasis on :
1. exchange of technicians and researchers;
2. study and elaboration of projects of technical assistance;
3. exchange of scientific and technical information in the field of agricultural research
conducted in the two countries; and
4. market development and the promotion of international trade relations.
Article VIII
Details of Technical Cooperation Program
The Parties shall promote, through the JACC, the establishment of technical cooperation
program, the details of which shall include :
1.
2.
3.
4.
5.
The objectives and duration of the proposals;
The exact nature of the research, project or program;
The personnel responsible for the implementation;
The financial needs and responsibilities;
Reports, as agreed upon, by the JACC.
Article IX
Financial Obligations
1. The Parties shall stipulate the financial obligations of each Party with regard to each
joint technical program;
2. The Parties shall stipulate in each joint teclmical cooperation program, the conditions
of service of transferred personnel, including as and when necessary and subject to
their domestic law, the immunities and privileges which may be required by such
personnel;
3. All technical cooperation under this Memorandum shall be subject to the availability
of funds and personnel.
Article X
Intellectual Property Rights
1. The Parties agree that any intellectual property arising under the implementation of
this Memorandum of Understanding will be jointly owned and :
a. Each Party shall be allowed to use such intellectual property for the purpose of
maintaining, adapting and improving the relevant property;
b. In the event the intellectual property rights is used by the Party and/or institution
on behalf of the Party for commercial purposes, the other Party shall be entitled to
obtain equitable portion of royalty;
c. Each Party shall be liable for any claim made by any third party on the ownership
and legality of the use of the intellectual property rights which is brought in by the
aforementioned Party for the implementation of the cooperation activities under
this Memorandum of Understanding.
2. The Parties shall indemnify each other that the intellectual property rights brought by
the Party into the territory of the other Party for the implementation of any project
arrangement or activities is not resulted from any infringement of the third party's
legitimate rights;
3. If either of the Party wishes to disclose confidential data and/or information resulted
from the cooperation activities under this Memorandum of Understanding to any third
Party, the disclosing Party must obtain prior consent from the other Party before any
disclosure can be made;
4. Whenever either Party requires the cooperation of another party outside Indonesia and
Sri Lanka for any commercial undertaking resulted 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 XI
Amendment
This Memorandum may be amended by mutual consent of the Parties through an exchange
of notes between the Parties through the diplomatic channel.
Article XII
Settlement of Disputes
Any dispute arising out of the interpretation or implementation of this Memorandum shall
be settled amicably through consultation or negotiation between the Parties.
Article XIII
Entry into Force, Duration and Termination
1. This Memorandum shall come into force on the date of its signing.
2. This Memorandum shall remain in force for a period of 3 (three) years and shall be
extended automatically for subsequent period of 3 (three) years thereafter each, unless
either Party notifies in writing to the other Party of its intention to terminate this
Memorandum, at least 6 (six) months prior to Its termination.
3. The termination of this Memorandum shall not affect the completion of any
cooperative activity/program implemented under this Memorandum and not fully
implemented at the time of expiration of this Memorandum.
In witness whereof, the undersigned, have signed this Memorandum.
Done in duplicate at Jakarta, on this 12th day of January in the year two thousand four in
English language, both texts being equally authentic.
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
FOR THE GOVERNMENT OF
THE DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA
Signed
Signed
Prof. DR. Bungaran Saragih
S.B: Dissanayake, M.P.
Minister for Agriculture
Minister of Agriculture and Livestock
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
.
AND
THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF
SRI LANKA
ON
AGRICULTURE DEVELOPMENT COOPERATION
The Government of the Republic of Indonesia and the Government of the
Democratic Socialist Republic of Sri Lanka, hereinafter referred to as the Parties;
Taking into ·consideration that it is in the interest of the Parties to maintain and
strengthen their relations in the field of agriculture;.
Recognizing the importance of drawing a joint agriculture development program
for the effective utilization of resources of both countries in the agrarian field, considering
especially the potential of the two countries;
Conscious that the support of agriculture development in the two countries could
potentate the process of techriical cooperation between entities of the public sectors that
embrace and foster the agriculture sectors;
Referring to the Agreement between the Government of the Republic of Indonesia
and the Government of the Democratic Socialist Republic of Sri Lanka on Economic and
Technical Cooperation, signed at Jakarta on June I 0, 1996; ·
According to the prevailing laws and regulations in their respective countries;
Have agreed as follows :
Article I .
Purpose
The purpose of this Memorandum of Understanding (hereinafter referred to as
'Memorandum ) is to establish a framework to strengthen cooperation in the field of
agriculture and also to establish joint agricultural development program including
scientific, technology, capacity building and trade in agriculture and other related areas
between the Parties.
· ·
Article II
Scope of Cooperation
The broad areas of cooperation identified by the parties. are :
1. Exchange of scientific I technical information and documentation;
2. Promotion of agricultural trade;
3. Collaborative research;
4. Enhancement of cooperation and coordination within the international and regional
organizations;
5. Exchange agricultural science, technology and personnel;
6. Other forms of the cooperation as mutually agreed by both Parties.
Article III
Form of Cooperation
The objective of this Memorandum is to establish joint agricultural development program,
without prejudicing other fields of cooperation that may be considered in the future,
including:
l.
2.
3.
4.
5.
professional training;
rural extension, agricultural infonnation and documentation;
market development;
export and trade promotion;
promotion of contacts between the relevant private and public enterprises and
organizations;
6. south-south cooperation;
7. such other fields as may be agreed upon by both Parties.
Article IV
Competent Authorities
For implementation of this Memorandum, the competent authorities of both Parties shall,
subject to the domestic laws of the respective countries, endeavor to facilitate the
necessary support and facilities to implement joint agricultural development program,
taking into consideration especially the potential program in both countries and to enhance
trade in agricultural products.
Article V
Establishment of a Joint Agricultural Cooperation Committee
1. The Parties agree to establish a Joint Agricultural Cooperation Committee (hereinafter
referred to as "JACC") to manage the cooperation in this Memorandum.
2. The JACC shall be constituted by The Ministry of Agriculture of the Republic of
Indonesia and The Ministry of Agriculture and Livestock of The Democratic Socialist
Republic of Sri Lanka. It will consist of Senior Officials of both Ministries in equal
proportion.
3. The JACC shall meet every two years or at anytim e as mutually agreed, alternately in
Indonesia or Sri Lanka to evaluate and approve working program and report on
working progress.
4. In between the meetings, the coordination of the program agreed upon by the JACC
shall be undertaken by the liaison secretaries respectively designated by both Parties.
5. In order to ensure the efficiency of the JACC meetings, the two Parties will coordinate
and consult each other on the agenda items prior to each session. For this purpose,
each Party shall provide through the normal procedures as early as possible, with its
cooperation and exchange project proposals for consideration and discussion.
Article VI
Provision for Signing of Other Related Protocols
The agricultural cooperation establishment by this Memorandum shall create the
possibility of signing specific protocols between the Parties and other institutions, which
deal with the agrarian sector in the Countries of the Parties.
Article VII
Technical Cooperation
The cooperation activities between the Parties shall be developed in general through the
JACC in the form of scientific and technical collaboration, training and information
sharing, with special emphasis on :
1. exchange of technicians and researchers;
2. study and elaboration of projects of technical assistance;
3. exchange of scientific and technical information in the field of agricultural research
conducted in the two countries; and
4. market development and the promotion of international trade relations.
Article VIII
Details of Technical Cooperation Program
The Parties shall promote, through the JACC, the establishment of technical cooperation
program, the details of which shall include :
1.
2.
3.
4.
5.
The objectives and duration of the proposals;
The exact nature of the research, project or program;
The personnel responsible for the implementation;
The financial needs and responsibilities;
Reports, as agreed upon, by the JACC.
Article IX
Financial Obligations
1. The Parties shall stipulate the financial obligations of each Party with regard to each
joint technical program;
2. The Parties shall stipulate in each joint teclmical cooperation program, the conditions
of service of transferred personnel, including as and when necessary and subject to
their domestic law, the immunities and privileges which may be required by such
personnel;
3. All technical cooperation under this Memorandum shall be subject to the availability
of funds and personnel.
Article X
Intellectual Property Rights
1. The Parties agree that any intellectual property arising under the implementation of
this Memorandum of Understanding will be jointly owned and :
a. Each Party shall be allowed to use such intellectual property for the purpose of
maintaining, adapting and improving the relevant property;
b. In the event the intellectual property rights is used by the Party and/or institution
on behalf of the Party for commercial purposes, the other Party shall be entitled to
obtain equitable portion of royalty;
c. Each Party shall be liable for any claim made by any third party on the ownership
and legality of the use of the intellectual property rights which is brought in by the
aforementioned Party for the implementation of the cooperation activities under
this Memorandum of Understanding.
2. The Parties shall indemnify each other that the intellectual property rights brought by
the Party into the territory of the other Party for the implementation of any project
arrangement or activities is not resulted from any infringement of the third party's
legitimate rights;
3. If either of the Party wishes to disclose confidential data and/or information resulted
from the cooperation activities under this Memorandum of Understanding to any third
Party, the disclosing Party must obtain prior consent from the other Party before any
disclosure can be made;
4. Whenever either Party requires the cooperation of another party outside Indonesia and
Sri Lanka for any commercial undertaking resulted 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 XI
Amendment
This Memorandum may be amended by mutual consent of the Parties through an exchange
of notes between the Parties through the diplomatic channel.
Article XII
Settlement of Disputes
Any dispute arising out of the interpretation or implementation of this Memorandum shall
be settled amicably through consultation or negotiation between the Parties.
Article XIII
Entry into Force, Duration and Termination
1. This Memorandum shall come into force on the date of its signing.
2. This Memorandum shall remain in force for a period of 3 (three) years and shall be
extended automatically for subsequent period of 3 (three) years thereafter each, unless
either Party notifies in writing to the other Party of its intention to terminate this
Memorandum, at least 6 (six) months prior to Its termination.
3. The termination of this Memorandum shall not affect the completion of any
cooperative activity/program implemented under this Memorandum and not fully
implemented at the time of expiration of this Memorandum.
In witness whereof, the undersigned, have signed this Memorandum.
Done in duplicate at Jakarta, on this 12th day of January in the year two thousand four in
English language, both texts being equally authentic.
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
FOR THE GOVERNMENT OF
THE DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA
Signed
Signed
Prof. DR. Bungaran Saragih
S.B: Dissanayake, M.P.
Minister for Agriculture
Minister of Agriculture and Livestock