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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF THE KINGDOM OF THAILAND
ON AGRICULTURAL COOPERATION
PREAMBLE
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT
OF THE KINGDOM OF THAILAND (hereinafter referred to jointly as the "Parties" and
individually as a "Party");
CONSIDERING that it is in the interest of the Parties to maintain and strengthen their
relations in the field of agriculture;
RECOGNISING the importance of drawing a joint agricultural development program for the
effective utilization of resources of both countries in the agricultural field, considering
especially the potential of the two countries;
REAFFIRMING that the support of agricultural development in the two countries could be
facilitated by a process of institutional cooperation between entities of the public sectors that
embrace and foster the agriculture sectors;
REFERRING to the Agreement between the Government of the Kingdom of Thailand and
the Government of the Republic of Indonesia on Economic and Technical Cooperation signed
on 18 January 1992 in Bangkok;
TA KING INTO ACCCOUNT the Agreement between the Parties on Agricultural
Cooperation signed and amended in Jakarta on 22 February 1984 and 23 April 1996
respectively;
PURSUANT TO the prevailing laws and regulations in their respective countries;
HEREBY HA VE REACHED an understanding as follows:
Article 1
PURPOSE
The purpose of this Memorandum of Understanding is to promote technology and
information transfer, trade, training and scientific and technical cooperation in the field of
agriculture between the Parties, without prejudicing other fields of cooperation that may be
considered in the future.
Article 2
COMPETENT AUTHORITIES
(1) For the purpose of implementation of this Memorandum of Understanding, the
competent authorities shall be
(a) on behalf of the Government of the Republic of Indonesia, the Ministry of
Agriculture and
(b) on behalf of the Government of the Kingdom of Thailand, the Ministry of
Agriculture and Cooperatives.
(2) In implementing this Memorandum of Understanding, the competent authorities may
conclude subsidiary arrangements setting out the implementing programs, which may
include details such as their aims, work plans, schedules, means of financing,
participating organizations, officers in charge, and obligations of the respective competent
authorities.
Article 3
AREAS OF COOPERATION
The broad areas of cooperation identified by the Parties are
(a)
(b)
(c)
(d)
(e)
(f)
(g)
promotion of agricultural trade;
agricultural biodiversity management and conservation;
collaboration study, research development and extension on agriculture;
technical cooperation and assistance for capacity building in agricultural
development;
agricultural land and water management and conservation;
enhancement of cooperation and coordination within the relevant international
and regional organizations; and
other related areas of interest that are mutually agreed upon by the Parties.
Article 4
JOINT AGRICULTURAL WORKING GROUP
(I) A Joint Agricultural Working Group (JA WG) shall be established to implement the
provisions of this Memorandum of Understanding.
(2) The heads of JA WG of the Parties shall be of senior official level.
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11
1. .
.
(3) The JA WG shall be responsible for assessing the outcomes of the implementing programs
of this Memorandum of Understanding, submitting proposals for their further
development and improvement, monitoring the activities under this Memorandum of
Understanding between the Parties, and recommending possible ways and means of
overcoming their problems or difficulties.
(4) The JA WG shall meet alternately in Indonesia and in Thailand to evaluate, plan and
report on work progress unless the Parties agree otherwise.
(5) Each Party shall designate its liaison secretary for coordination between agencies and for
the routine duties of the JA WG.
Article 5
FORMS OF COOPERATION
Cooperation shall be carried out in the following forms:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
exchange of technicians and researchers;
study and elaboration of projects of technical assistance;
joint agricultural research including exchange of scientific and technical information;
training involving courses, seminars, study tours and other necessary
professional training on subjects of mutual interest;
market development and the promotion of international trade relations;
exchange programs for the improvement of post harvest technology and
storage;
promotion of contacts between the relevant private and public enterprises and
organizations and such other fields as may be agreed upon by both Parties; and
any other related form of cooperation whose aim is to promote the development
in the field of agriculture of the two countries as agreed upon by the Parties.
Article 6
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)
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) If either 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.
(3) In the event that intellectual property is used by either Party and/ or Institutions on behalf
of that Party for commercial purposes, the other Party shall be entitled to obtain equitable
portion of royalty.
Article 7
DETAILS OF JOINT PROGRAMS
The Parties shall promote, through the relevant institutions, the establishment of joint
agricultural programs, the details of which shall include
(a)
(b)
(c)
(d)
(e)
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; and
reports, as agreed upon, by the JA WG.
Article 8
FINANCIAL OBLIGATIONS
(I) The Parties agree to stipulate the financial obligations of each Party with regard to each
joint program.
(2) The Parties agree to stipulate, in each joint program, the conditions of services of
transferred personnel, subject to their domestic law.
(3) The Parties agree to prepare joint programs that may be submitted to international
organizations or any other financial institutions to assist in financing the programs.
(4) The Parties shall guarantee financial support for the implementation of this Memorandum
of Understanding.
(5) The host Party shall facilitate the necessary means of local transport and other logistical
arrangements in any meeting under a joint agricultural program.
Article 9
AMENDMENT
This Memorandum of Understanding may be revised or amended at any time by mutual
written consent of the Parties. Such revision or amendment shall come into effect on such
date as may be determined by the Parties and shall form an integral part of this Memorandum
of Understanding by written agreement of the Parties.
Article 10
SETTLEMENT OF DISPUTES
Any dispute or difference between the Parties arising out of the interpretation or
implementation of this Memorandum of Understanding shall be settled amicably through
consultation or negotiation.
Article 11
ENTRY INTO FORCE AND TERMINATION
(1) This Memorandum of Understanding shall enter into force on the date of its signing.
(2) This Memorandum of Understanding shall remain in force for an initial period of five
years, and shall automatically be extended for a period of five years each unless
terminated by either of the Parties giving written notice of the intention to terminate it to
the other Party three months prior to the expiration of the initial period or prior to the
expiration of each subsequent period, in case of its automatic extension.
(3) Upon the entry into force of this Memorandum of Understanding, the Agreement between
the Government of the Kingdom of Thailand and the Government of the Republic of
Indonesia on Agricultural Cooperation signed on 22 February 1984 and amended on 23
April 1996 in Jakarta shall be terminated and replaced by this Memorandum of
Understanding.
(4) The termination of this Memorandum of Understanding shall not affect the activities
already in progress, which shall continue until their completion.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective
Governments, have signed this Memorandum of Understanding.
Done in duplicate, at Bangkok, Thailand, on this sixteenth day of December 2005, in the
English language. Both texts being equally authentic.
For the Government of
the Republic of Indonesia
Signed
I
For the Government of
the Kingdom of Thailand
Signed
--
(Mr. Anton Apriyantono)
Minister of Agriculture
(Khunying Sudarat Keyuraphan)
Minister of Agriculture and
Cooperatives
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF THE KINGDOM OF THAILAND
ON AGRICULTURAL COOPERATION
PREAMBLE
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT
OF THE KINGDOM OF THAILAND (hereinafter referred to jointly as the "Parties" and
individually as a "Party");
CONSIDERING that it is in the interest of the Parties to maintain and strengthen their
relations in the field of agriculture;
RECOGNISING the importance of drawing a joint agricultural development program for the
effective utilization of resources of both countries in the agricultural field, considering
especially the potential of the two countries;
REAFFIRMING that the support of agricultural development in the two countries could be
facilitated by a process of institutional cooperation between entities of the public sectors that
embrace and foster the agriculture sectors;
REFERRING to the Agreement between the Government of the Kingdom of Thailand and
the Government of the Republic of Indonesia on Economic and Technical Cooperation signed
on 18 January 1992 in Bangkok;
TA KING INTO ACCCOUNT the Agreement between the Parties on Agricultural
Cooperation signed and amended in Jakarta on 22 February 1984 and 23 April 1996
respectively;
PURSUANT TO the prevailing laws and regulations in their respective countries;
HEREBY HA VE REACHED an understanding as follows:
Article 1
PURPOSE
The purpose of this Memorandum of Understanding is to promote technology and
information transfer, trade, training and scientific and technical cooperation in the field of
agriculture between the Parties, without prejudicing other fields of cooperation that may be
considered in the future.
Article 2
COMPETENT AUTHORITIES
(1) For the purpose of implementation of this Memorandum of Understanding, the
competent authorities shall be
(a) on behalf of the Government of the Republic of Indonesia, the Ministry of
Agriculture and
(b) on behalf of the Government of the Kingdom of Thailand, the Ministry of
Agriculture and Cooperatives.
(2) In implementing this Memorandum of Understanding, the competent authorities may
conclude subsidiary arrangements setting out the implementing programs, which may
include details such as their aims, work plans, schedules, means of financing,
participating organizations, officers in charge, and obligations of the respective competent
authorities.
Article 3
AREAS OF COOPERATION
The broad areas of cooperation identified by the Parties are
(a)
(b)
(c)
(d)
(e)
(f)
(g)
promotion of agricultural trade;
agricultural biodiversity management and conservation;
collaboration study, research development and extension on agriculture;
technical cooperation and assistance for capacity building in agricultural
development;
agricultural land and water management and conservation;
enhancement of cooperation and coordination within the relevant international
and regional organizations; and
other related areas of interest that are mutually agreed upon by the Parties.
Article 4
JOINT AGRICULTURAL WORKING GROUP
(I) A Joint Agricultural Working Group (JA WG) shall be established to implement the
provisions of this Memorandum of Understanding.
(2) The heads of JA WG of the Parties shall be of senior official level.
14
11
1. .
.
(3) The JA WG shall be responsible for assessing the outcomes of the implementing programs
of this Memorandum of Understanding, submitting proposals for their further
development and improvement, monitoring the activities under this Memorandum of
Understanding between the Parties, and recommending possible ways and means of
overcoming their problems or difficulties.
(4) The JA WG shall meet alternately in Indonesia and in Thailand to evaluate, plan and
report on work progress unless the Parties agree otherwise.
(5) Each Party shall designate its liaison secretary for coordination between agencies and for
the routine duties of the JA WG.
Article 5
FORMS OF COOPERATION
Cooperation shall be carried out in the following forms:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
exchange of technicians and researchers;
study and elaboration of projects of technical assistance;
joint agricultural research including exchange of scientific and technical information;
training involving courses, seminars, study tours and other necessary
professional training on subjects of mutual interest;
market development and the promotion of international trade relations;
exchange programs for the improvement of post harvest technology and
storage;
promotion of contacts between the relevant private and public enterprises and
organizations and such other fields as may be agreed upon by both Parties; and
any other related form of cooperation whose aim is to promote the development
in the field of agriculture of the two countries as agreed upon by the Parties.
Article 6
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)
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) If either 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.
(3) In the event that intellectual property is used by either Party and/ or Institutions on behalf
of that Party for commercial purposes, the other Party shall be entitled to obtain equitable
portion of royalty.
Article 7
DETAILS OF JOINT PROGRAMS
The Parties shall promote, through the relevant institutions, the establishment of joint
agricultural programs, the details of which shall include
(a)
(b)
(c)
(d)
(e)
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; and
reports, as agreed upon, by the JA WG.
Article 8
FINANCIAL OBLIGATIONS
(I) The Parties agree to stipulate the financial obligations of each Party with regard to each
joint program.
(2) The Parties agree to stipulate, in each joint program, the conditions of services of
transferred personnel, subject to their domestic law.
(3) The Parties agree to prepare joint programs that may be submitted to international
organizations or any other financial institutions to assist in financing the programs.
(4) The Parties shall guarantee financial support for the implementation of this Memorandum
of Understanding.
(5) The host Party shall facilitate the necessary means of local transport and other logistical
arrangements in any meeting under a joint agricultural program.
Article 9
AMENDMENT
This Memorandum of Understanding may be revised or amended at any time by mutual
written consent of the Parties. Such revision or amendment shall come into effect on such
date as may be determined by the Parties and shall form an integral part of this Memorandum
of Understanding by written agreement of the Parties.
Article 10
SETTLEMENT OF DISPUTES
Any dispute or difference between the Parties arising out of the interpretation or
implementation of this Memorandum of Understanding shall be settled amicably through
consultation or negotiation.
Article 11
ENTRY INTO FORCE AND TERMINATION
(1) This Memorandum of Understanding shall enter into force on the date of its signing.
(2) This Memorandum of Understanding shall remain in force for an initial period of five
years, and shall automatically be extended for a period of five years each unless
terminated by either of the Parties giving written notice of the intention to terminate it to
the other Party three months prior to the expiration of the initial period or prior to the
expiration of each subsequent period, in case of its automatic extension.
(3) Upon the entry into force of this Memorandum of Understanding, the Agreement between
the Government of the Kingdom of Thailand and the Government of the Republic of
Indonesia on Agricultural Cooperation signed on 22 February 1984 and amended on 23
April 1996 in Jakarta shall be terminated and replaced by this Memorandum of
Understanding.
(4) The termination of this Memorandum of Understanding shall not affect the activities
already in progress, which shall continue until their completion.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective
Governments, have signed this Memorandum of Understanding.
Done in duplicate, at Bangkok, Thailand, on this sixteenth day of December 2005, in the
English language. Both texts being equally authentic.
For the Government of
the Republic of Indonesia
Signed
I
For the Government of
the Kingdom of Thailand
Signed
--
(Mr. Anton Apriyantono)
Minister of Agriculture
(Khunying Sudarat Keyuraphan)
Minister of Agriculture and
Cooperatives