Selanjutnya
REPUBLIK INDONESIA
Agreement between
the Government of the Republic of Indonesia and
Government of the Kingdom of Norway
regarding development cooperation concerning ' Capacity
Building in Fisheries and Aquaculture'
WHEREAS the Government of the Republic of Indonesia and the Government of the
Kingdom of Norway (together referred to as the Parties) desire to promote favorable
partnership and cooperation for mutual benefits between them;
WHEREAS the Parties have agreed that the Indonesian Ministry of Marine Affairs and
Fisheries (MMAF) shall be the Executing Agency in the project;
REFERRING TO the Letter of Intent dated 23 January 2006 regarding Marine and
Fisheries Cooperation signed by Government of the Kingdom of Norway and the
Government of the Republic of Indonesia;
RECOGNISING the letter dated 22 May 2007 from the Indonesian Ministry of Marine
Affairs and Fisheries (MMAF) which has requested the Norwegian Ministry of Foreign
Affairs (MFA) for support to Capacity-Building in Fisheries and Aquaculture, and
NOW THEREFORE, pursuant to the prevailing laws and regulations in their respective
countries, the Pai1ies have agreed as follows (the Agreement):
Article I Scope and Objectives
l.
This Agreement sets forth the terms and procedures for MF A's support to
'Capacity Building in Fisheries and Aquaculture ' (the Programme) as outlined in
the Agreed Programme Summary in Annex I and further described in the
Programme Document "Capacity-Building in Fisheries and Aquaculture", dated
May 22, 2007.
2.
The Goal of the Programme is: Building competence in the fields of fisheries
management (including stock assessment) and aquaculture aiming at sustainable
development of Indonesian marine resources.
3.
The Purpose of the Progran1me is: To facilitate the implementation of specific
capacity building activities in fisheries management and aquaculture within the
indicated time frame and within budget.
4.
The Parties may agree on extending existing or including new Progran1me
elements within the Programme, as well as on re-allocating funds within the
Programme. Any such agreement shall be in writing, e.g. recorded in the Agreed
Minutes from the consultations mentioned in Article VI.
Article II Cooperation - Representation
1.
The Parties shall communicate and cooperate fully with the aim to ensure that the
Goal and Purpose are successfully achieved.
2.
In matters pertaining to the implementation of the Programme the Norwegian
Embassy in Jakarta (the Embassy) shall be competent to represent MFA. All
communication related to the Agreement shall be directed to the Embassy.
Article III Contribution of MFA
1.
MF A shall, subject to Parliamentary appropriations, make available to MMAF a
financial grant not exceeding NOK 5,200,000 (Norwegian kroner Five Million
Two Hundred Thousand) (the Grant) to be used exclusively to finance the
Programme in the planned period 2009-2012.
2.
Any accrued interests on the Grant may be used for the benefit of the Programme
if agreed by the Parties in writing.
3.
Any unspent disbursed funds and accrued interests shall be returned to MFA upon
completion of the Programme, unless the Parties have agreed in writing upon the
utilization of such funds.
Article IV Contributions and Obligations of MMAF
MMAF shall be responsible for implementing the Programme, and shall hereunder:
a.
have the overall responsibility for the planning, implementation, reporting and
monitoring of the Programme;
b.
provide the financial and other resources required in addition to the Grant;
c.
ensure that the Grant is used according to approved work plans and budgets;
d.
ensure that Programme funds, which shall include any accrued interests, are
properly accounted for, and that the Grant is reflected in the plans, budgets and
accounting ofMMAF;
e.
promptly inform Norway of any circumstances that interfere or threaten to
interfere with the successful implementation of the Programme;
f.
based on existing laws and regulations, defray any customs duties, sales taxes and
other taxes, fees and levies on all equipment, materials and supplies financed by
the Grant and imported into Indonesia for the benefit of the Programme;
g.
coordinate with relevant authorities to ensure that all permits, import licenses and
foreign exchange permissions that may be required are granted;
h. coordinate with relevant authorities to ensure that representatives of Norway are
permitted to visit any part of Indonesia for purposes related to the Agreement and
examine any relevant records, goods and documents;
1.
enter into contract(s) for the implementation of the Programme with the
Norwegian implementing partner(s), and will be coordinated accordingly;
J.
any contract(s) that is made with Norwegian implementing partners and any
subsequent amendments shall be submitted to MF A for information.
Article V Disbursements
1.
The Grant will be disbursed upon semi-annual written requests from MMAF
based on the financial needs of the Programme and, except for the first request, on
approved work plans and budgets. The first disbursement, amounting to NOK
1,000,000 will be made upon signing of this Agreement and approval by MFA of
a disbursement request from MMAF.
2.
When determining the amount to request, MMAF shall take into account unspent
disbursed amounts and income from all sow·ces as well as any accrued interests
which the Parties have agreed on using for the benefit of the Programme
according to Article III, Clause.
3.
Along with the requests, except the first request, MMAF shall state the cash
balance of the Programme and submit statements of cash and bank balances from
the Programme's accounting records.
4.
Funds will be transferred upon MF A's approval of the requests to a separate bank
account in Indonesia in the name of MMAF, and shall be made available to the
Programme immediately.
5.
MMAF shall immediately, in writing, acknowledge receipt of the funds. The date
of receipt shall be stated as well as the exchange rate applied.
6.
MMAF will be responsible for conducting disbursements to suppliers of goods or
services, including Norwegian and Indonesian implementing partners.
7.
MF A may in exceptional cases and if considered necessary for the progress of the
Programme, upon request from MMAF, effect disbursements directly to the
Norwegian implementing partners. Such disbursements will only be made against
requests accompanied by an original and specified invoice from the Norwegian
implementing partner a written approval of the invoice by MMAF.
8.
MF A shall report payments made according to this clause to MMAF.
Article VI Annual Meeting
1.
Representatives of the Parties shall have Annual Meetings tentatively m
September each year in order to:
discuss the progress of the Programme, including results and fulfillment of
agreed obligations;
discuss and, if feasible, approve annual work plans and budgets for the
following year,
discuss issues of special concern for the implementation of the Programme,
2.
The Programme coordinator representing the Norwegian implementing partners
shall be invited to attend the meeting. Each of the Parties may invite others to
participate as observers or as advisors to their delegations.
3.
The documentation specified in Articles VII and IX shall form the basis for the
consultations.
4.
The Annual Meeting shall be called by MMAF and chaired by MMAF.
5.
Main issues discussed and points of view expressed as well as any decisions shall
be recorded in Agreed Minutes. The Agreed Minutes shall de drafted by MMAF
and be submitted to MFA for comments no later than two weeks after the Annual
Meeting.
Article VII Reports
1.
MMAF shall submit to MF A the reports and documentation specified below.
MF A shall respond within four weeks upon reception of the reports and
documentation.
2.
A progress report shall be submitted within August every year. The progress
reports shall include the following information:
a. description of actual outputs compared to planned outputs (as defined in the
annual work plans);
b. a brief summary of the use of funds compared to the budget;
c. an assessment of the efficiency of the Programme (how efficiently resources/
inputs are converted into outputs);
d. an explanation of major deviations from plans;
e. an assessment of problems and risks (internal or external to the Programme)
that may affect the success of the Programme;
f. an assessment of the need for adjustments to activity plans and/or inputs and
outputs, including actions for risk mitigation;
g. a brief assessment of achievements in relation to Purpose.
3.
An annual work plan shall be submitted within August every year. The work plan
shall specify planned outputs and time schedules for the next Programme year.
4.
The following annual financial statements and budget shall be submitted within
August each year:
a. Financial statements for the Programme consisting of:
i) a statement showing cash receipts/income and expenditures for the previous
period structured as and compared to approved budgets for such previous
period. The statement shall capture all sources of funding, with sufficient
segregation of data to permit identification of individual sources of funds
and disbursements on major Programme activities or types of expenditure;
ii) a statement of cash and bank balances;
iii) relevant notes to the above mentioned statements including a description of
the accounting policies used and any other explanatory material necessary
for transparent financial rep011ing of the Programme.
b. Budget for the Programme for the coming Programme year showing estimated
income from all sources and planned expenditures.
c. The financial statements and budget(s) shall give complete and detailed
information on the financing of the Programme.
5.
A final report shall be submitted within 3 months after the finalization of the
Programme. The final report shall include:
a. the topic listed in Clause 2 above for the whole Agreement period;
b. an assessment of the effectiveness of the Programme, i.e. the extent to which
the Purpose has been achieved;
c. an assessment of impact (if possible), i.e. the changes and effects positive or
negative, planned and unforeseen of the Programme seen in relation to target
groups and others who are affected;
d. an assessment of sustainability of the Programme, i.e. an assessment of the
extent to which the positive effects of the Programme will still continue after
the external assistance has been concluded;
e. a summary of main "lessons learned".
Article VIII Procurement
1. MMAF undertakes to effect all procurements of goods and services necessary for
the implementation of the Programme.
2. The procurements shall be performed in accordance with generally accepted
procurement principles, good procurement practices and the procurement
regulations of Indonesia.
3. If requested by MFA, MMAF shall furnish MFA with all relevant information on
its procurement practices and actions taken, and provide access to all related
records and documents. MF A may require access to information even during the
stage in the procurement procedure when it is restricted to the officers performing
the procurement. Restrictions on such information shall be respected until the
information can be made public without any risk of detriment to the result of the
procurement.
Article IX Audit
1.
The annual financial statements of the Programme shall be audited by Indonesian
Government Auditor (BPKP).
2.
The audit shall be carried out in accordance with international auditing standards.
The auditor shall state in the report which auditing standards that have been
applied. The audit shall not cover the funds that has been transferred to
Norwegian implementing partners, as these funds will be subject to audit of the
Norwegian Auditor-General.
3.
The audit report shall state the auditor's opinion/findings as to:
a. whether the financial statements present fairly, in all material respects, the
Programme's cash receipts/income and expenditures as well as the
cash/bank/financial position in accordance with an acceptable financial
reporting framework,
b. whether the audit has uncovered any material weaknesses in relevant internal
control(s),
c. whether the audit has uncovered any illegal or corrupt practices,
d. whether cash receipts/income and expenditures are properly accounted for.
e. whether appropriate internal controls to counteract illegal or corrupt practices
have been established and are complied with.
4.
MMAF shall submit to MFA the audit report within April each year. MMAF shall
comment upon the auditor's findings. MF A shall respond within 4 weeks upon
reception of the repo11.
5.
MMAF shall submit to MFA copies of any audit report that has relevance for the
use of Programme funds.
Article X Reviews - Evaluation
1.
An end review focusing on progress to date and the effectiveness of the
Programme, i.e. the extent to which the Purpose is being/has been achieved, shall
be carried out by December 2012. An assessment of the Programme's impact may
also be included in the review).
2.
The Terms of Reference for the review shall be discussed at the 2012 Annual
Meeting.
3.
The cost of the review shall be covered by MF A over and above the Grant.
4.
Norway reserves the right to carry out independent reviews or evaluations of the
Programme as and when MF A deems it necessary. The cost for such reviews will
be covered by funds over and above the Grant.
Article XI Reservations
1.
MF A reserves the right to withhold disbursements at any time in case e.g.:
a. the Programme develops unfavorably in relation to the Goal and Purpose,
b. substantial deviations from agreed plans or budgets occur,
c. the documentation specified in Articles VII and IX has not been submitted as
agreed,
d. the financial management of the Programme has not been satisfactory,
e. the contract(s) referred to in Article IV Clause 9, is breached or terminated
before all obligations therein are fulfilled.
2.
MFA reserves the right to claim repayment in full or in part of funds from the
Grant if the funds or part of the funds are found not to be used in accordance
with the terms and conditions of this Agreement or not satisfactorily accounted
for.
3.
Before withholding any disbursements or claiming repayment the Parties shall
consult with a view to reach a solution in the matter.
4.
MF A will cancel this Agreement or portion of this Agreement and have the right
to demand the cancellation of any Contract financed under this Agreement, with
immediate effect if it determines, with respect to any contract to be financed
under this Agreement, that corrupt or fraudulent practices were engaged in by
representatives of Indonesia or of a beneficiary of the aid funds during
procurement or during the execution of the Contract without Indonesia having
taken timely and appropriate action satisfactory to MFA to remedy the situation.
5.
The Parties agree to cooperate on preventing corruption within and through the
Project. The Parties undertake to take rapid legal measures in their respective
countries to stop, investigate and prosecute in accordance with national law any
person suspected of corruption or other intentional misuse of resources. The
Parties shall inform each other of any indication of corruption or misuse of
funds.
Article XII Intellectual Property Rights
1.
For the purpose of this Implementing Arrangements, "Intellectual Property
Rights" shall mean the subject matter stipulated in any international agreement
binding to both states or other subject matter as mutually agreed by MMAF or
Indonesian implementing partners and MF A or Norwegian implementing
partners prior to implementation of the Programme".
2.
MMAF or Indonesian implementing partners and MF A or Norwegian
implementing partners shall ensure adequate and effective protection of
Intellectual Property Rights created or furnished under the Programme.
3.
The Parties agree that Intellectual Property Rights arising under the
implementation of the Programme shall be exclusively and separately owned
either by Indonesia or Norway of where the geographic origin of the research
was conducted.
4.
In the event the Intellectual Property Rights is used by either MMAF or
Indonesian implementing partners and MF A or Norwegian implementing
partners for the commercial purposes, the other Party is entitled to obtain royalty.
5.
MMAF or Indonesian implementing partners and MFA or Norwegian
implementing partners 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
Programme.
6.
MMAF and MF A shall indemnify each other that the Intellectual Prope11y Rights
which is brought by MMAF or Indonesian implementing partners and MFA or
Norwegian implementing partners into the territory of the other Party for the
implementation of the Programme is not result from any infringement of third
party's legitimate rights.
Article Xlll Distribution of the Agr eement
The Parties shall distribute copies of the Agreement to the respective ministries,
authorities and other institutions involved in the Programme or otherwise in need of
information on its content.
Article XIV Settlement of Disputes
f\ny dispute between the Parties arising out of the interpretation or implementation of
this Agreement shall be settled amicably through consultations and/or negotiations
through diplomatic channel between the Parties.
Article XV Entry into force and Termination
1.
This Agreement 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 determined in
consultations between the Parties.
2.
Notwithstanding the previous clause both Parties may terminate the Agreement
by giving three months written notice to the other Party. In such case there shall
be consultations between the Parties with a view to terminating the Project in a
successful way.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their
respective Government, have signed the present Agreement in two originals in the
English language.
1& day of _ _ _A-"11r-n_d_·___2009 in duplicate in the
DONE in Oslo on the 'English language.
FOR THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
Signed
H.E. Retno L. P. Marsudi
Director General of America and Europe,
Ministry of Foreign Affairs.
FOR THE GOVERNMENT OF THE
KINGDOM OF NORWAY
Signed
H.E. Eivinf"S. Homme
Ambassador of Norway to Indonesia
Annex I Agreed Programme Summary
I. Identification of the Programme
a. Programme Title/Name: Capacity-Building in Fisheries and Aquaculture
b. Implementing institution: the Indonesian Ministry of Marine Affairs and
Fisheries
c. Norwegian Partner institutions:
1.
Centre for Development Cooperation in Fisheries (CDCF) at the Institute of
Marine Research (IMR), Bergen,
ii. the Norwegian Ministry of Fisheries and Coastal Affairs,
iii. the University of Troms0,
iv. the National Veterinary Institute.
II. Description of the Programme
a. Goal
The Goal of the Programme is: Building competence in the fields of fisheries
management (including stock assessment) and aquaculture aiming at sustainable
development of Indonesian marine resources.
b. Purpose
The Purpose of the Programme is: To facilitate the implementation of specific
capacity building activities in fisheries management and aquaculture within the
indicated time frame and within budget
c. Outputs
I.
Training course for stock assessment successfully implemented
u. The planned survey in the Bali Strait completed.
An indicative system of catch recording in the area developed and tested
m.
IV.
The predictive fishing model validated
v. A workshop with stakeholders implemented
VI.
The aquaculture stations diagnosed in terms of technical problems
VII.
Realistic development plans developed for each station
vm. Training of aquaculture specialists (in Norway implemented)
IX.
Development of National Fish Health Reference Laboratory and Strategy
for Disease Prevention
x . Successful intake of students in Norwegian institutions
XI.
Educational and training courses implemented
x11.
A final summing-up seminar implemented
d. Inputs
i. Equipment, logistical support and/or facilities.
Availability of research vessel and scientific acoustic equipment for
surveys, available study place for Master and other training at the
institutions required.
II.
Funds
5 200 000 NOK
nI.
Technical assistance
IMR will provide necessary technical assistance from own and other
institutions as required.
e. Major risk factors (internal and external)
i. administrative challenges
II.
the participants' ability to connect research with administration
Ill
Overall budget (tentative):
The Project duration is 3 years 2009-2012 with a total budget of NOK
5, 200.000 in Norwegian contribution. The Indonesian side will contribute the
required personnel, working facilities etc. in Indonesia.
Tentative budget in NOK:
7 .1.1 Training in bioacoustics
7.1.2 Participation in survey in Norway
7.1.3 Scientific survey in Indonesia- Bali
7.1.4 Development and validation of numerical models
7 .1. 5 Recording of catch landings
7.1.6 Workshop in fisheries management
7 .2.1 Marine culture development
7.2.2 National health program
7.2.3 Aquaculture seminars
7.3. l Master studies Norway (3 students)
7.3.2 Short term courses Indonesia
7.3.3 Study tours to Norway
9 Project coordination and auditing
9 Project steering committee
Miscellaneous (incl. project review)
166 000
50 000
634 000
117 000
139 000
400 000
855 000
305 000
312 000
1200000
200 000
150 000
210 000
215 000
247 000
SUM
s 200 000
Agreement between
the Government of the Republic of Indonesia and
Government of the Kingdom of Norway
regarding development cooperation concerning ' Capacity
Building in Fisheries and Aquaculture'
WHEREAS the Government of the Republic of Indonesia and the Government of the
Kingdom of Norway (together referred to as the Parties) desire to promote favorable
partnership and cooperation for mutual benefits between them;
WHEREAS the Parties have agreed that the Indonesian Ministry of Marine Affairs and
Fisheries (MMAF) shall be the Executing Agency in the project;
REFERRING TO the Letter of Intent dated 23 January 2006 regarding Marine and
Fisheries Cooperation signed by Government of the Kingdom of Norway and the
Government of the Republic of Indonesia;
RECOGNISING the letter dated 22 May 2007 from the Indonesian Ministry of Marine
Affairs and Fisheries (MMAF) which has requested the Norwegian Ministry of Foreign
Affairs (MFA) for support to Capacity-Building in Fisheries and Aquaculture, and
NOW THEREFORE, pursuant to the prevailing laws and regulations in their respective
countries, the Pai1ies have agreed as follows (the Agreement):
Article I Scope and Objectives
l.
This Agreement sets forth the terms and procedures for MF A's support to
'Capacity Building in Fisheries and Aquaculture ' (the Programme) as outlined in
the Agreed Programme Summary in Annex I and further described in the
Programme Document "Capacity-Building in Fisheries and Aquaculture", dated
May 22, 2007.
2.
The Goal of the Programme is: Building competence in the fields of fisheries
management (including stock assessment) and aquaculture aiming at sustainable
development of Indonesian marine resources.
3.
The Purpose of the Progran1me is: To facilitate the implementation of specific
capacity building activities in fisheries management and aquaculture within the
indicated time frame and within budget.
4.
The Parties may agree on extending existing or including new Progran1me
elements within the Programme, as well as on re-allocating funds within the
Programme. Any such agreement shall be in writing, e.g. recorded in the Agreed
Minutes from the consultations mentioned in Article VI.
Article II Cooperation - Representation
1.
The Parties shall communicate and cooperate fully with the aim to ensure that the
Goal and Purpose are successfully achieved.
2.
In matters pertaining to the implementation of the Programme the Norwegian
Embassy in Jakarta (the Embassy) shall be competent to represent MFA. All
communication related to the Agreement shall be directed to the Embassy.
Article III Contribution of MFA
1.
MF A shall, subject to Parliamentary appropriations, make available to MMAF a
financial grant not exceeding NOK 5,200,000 (Norwegian kroner Five Million
Two Hundred Thousand) (the Grant) to be used exclusively to finance the
Programme in the planned period 2009-2012.
2.
Any accrued interests on the Grant may be used for the benefit of the Programme
if agreed by the Parties in writing.
3.
Any unspent disbursed funds and accrued interests shall be returned to MFA upon
completion of the Programme, unless the Parties have agreed in writing upon the
utilization of such funds.
Article IV Contributions and Obligations of MMAF
MMAF shall be responsible for implementing the Programme, and shall hereunder:
a.
have the overall responsibility for the planning, implementation, reporting and
monitoring of the Programme;
b.
provide the financial and other resources required in addition to the Grant;
c.
ensure that the Grant is used according to approved work plans and budgets;
d.
ensure that Programme funds, which shall include any accrued interests, are
properly accounted for, and that the Grant is reflected in the plans, budgets and
accounting ofMMAF;
e.
promptly inform Norway of any circumstances that interfere or threaten to
interfere with the successful implementation of the Programme;
f.
based on existing laws and regulations, defray any customs duties, sales taxes and
other taxes, fees and levies on all equipment, materials and supplies financed by
the Grant and imported into Indonesia for the benefit of the Programme;
g.
coordinate with relevant authorities to ensure that all permits, import licenses and
foreign exchange permissions that may be required are granted;
h. coordinate with relevant authorities to ensure that representatives of Norway are
permitted to visit any part of Indonesia for purposes related to the Agreement and
examine any relevant records, goods and documents;
1.
enter into contract(s) for the implementation of the Programme with the
Norwegian implementing partner(s), and will be coordinated accordingly;
J.
any contract(s) that is made with Norwegian implementing partners and any
subsequent amendments shall be submitted to MF A for information.
Article V Disbursements
1.
The Grant will be disbursed upon semi-annual written requests from MMAF
based on the financial needs of the Programme and, except for the first request, on
approved work plans and budgets. The first disbursement, amounting to NOK
1,000,000 will be made upon signing of this Agreement and approval by MFA of
a disbursement request from MMAF.
2.
When determining the amount to request, MMAF shall take into account unspent
disbursed amounts and income from all sow·ces as well as any accrued interests
which the Parties have agreed on using for the benefit of the Programme
according to Article III, Clause.
3.
Along with the requests, except the first request, MMAF shall state the cash
balance of the Programme and submit statements of cash and bank balances from
the Programme's accounting records.
4.
Funds will be transferred upon MF A's approval of the requests to a separate bank
account in Indonesia in the name of MMAF, and shall be made available to the
Programme immediately.
5.
MMAF shall immediately, in writing, acknowledge receipt of the funds. The date
of receipt shall be stated as well as the exchange rate applied.
6.
MMAF will be responsible for conducting disbursements to suppliers of goods or
services, including Norwegian and Indonesian implementing partners.
7.
MF A may in exceptional cases and if considered necessary for the progress of the
Programme, upon request from MMAF, effect disbursements directly to the
Norwegian implementing partners. Such disbursements will only be made against
requests accompanied by an original and specified invoice from the Norwegian
implementing partner a written approval of the invoice by MMAF.
8.
MF A shall report payments made according to this clause to MMAF.
Article VI Annual Meeting
1.
Representatives of the Parties shall have Annual Meetings tentatively m
September each year in order to:
discuss the progress of the Programme, including results and fulfillment of
agreed obligations;
discuss and, if feasible, approve annual work plans and budgets for the
following year,
discuss issues of special concern for the implementation of the Programme,
2.
The Programme coordinator representing the Norwegian implementing partners
shall be invited to attend the meeting. Each of the Parties may invite others to
participate as observers or as advisors to their delegations.
3.
The documentation specified in Articles VII and IX shall form the basis for the
consultations.
4.
The Annual Meeting shall be called by MMAF and chaired by MMAF.
5.
Main issues discussed and points of view expressed as well as any decisions shall
be recorded in Agreed Minutes. The Agreed Minutes shall de drafted by MMAF
and be submitted to MFA for comments no later than two weeks after the Annual
Meeting.
Article VII Reports
1.
MMAF shall submit to MF A the reports and documentation specified below.
MF A shall respond within four weeks upon reception of the reports and
documentation.
2.
A progress report shall be submitted within August every year. The progress
reports shall include the following information:
a. description of actual outputs compared to planned outputs (as defined in the
annual work plans);
b. a brief summary of the use of funds compared to the budget;
c. an assessment of the efficiency of the Programme (how efficiently resources/
inputs are converted into outputs);
d. an explanation of major deviations from plans;
e. an assessment of problems and risks (internal or external to the Programme)
that may affect the success of the Programme;
f. an assessment of the need for adjustments to activity plans and/or inputs and
outputs, including actions for risk mitigation;
g. a brief assessment of achievements in relation to Purpose.
3.
An annual work plan shall be submitted within August every year. The work plan
shall specify planned outputs and time schedules for the next Programme year.
4.
The following annual financial statements and budget shall be submitted within
August each year:
a. Financial statements for the Programme consisting of:
i) a statement showing cash receipts/income and expenditures for the previous
period structured as and compared to approved budgets for such previous
period. The statement shall capture all sources of funding, with sufficient
segregation of data to permit identification of individual sources of funds
and disbursements on major Programme activities or types of expenditure;
ii) a statement of cash and bank balances;
iii) relevant notes to the above mentioned statements including a description of
the accounting policies used and any other explanatory material necessary
for transparent financial rep011ing of the Programme.
b. Budget for the Programme for the coming Programme year showing estimated
income from all sources and planned expenditures.
c. The financial statements and budget(s) shall give complete and detailed
information on the financing of the Programme.
5.
A final report shall be submitted within 3 months after the finalization of the
Programme. The final report shall include:
a. the topic listed in Clause 2 above for the whole Agreement period;
b. an assessment of the effectiveness of the Programme, i.e. the extent to which
the Purpose has been achieved;
c. an assessment of impact (if possible), i.e. the changes and effects positive or
negative, planned and unforeseen of the Programme seen in relation to target
groups and others who are affected;
d. an assessment of sustainability of the Programme, i.e. an assessment of the
extent to which the positive effects of the Programme will still continue after
the external assistance has been concluded;
e. a summary of main "lessons learned".
Article VIII Procurement
1. MMAF undertakes to effect all procurements of goods and services necessary for
the implementation of the Programme.
2. The procurements shall be performed in accordance with generally accepted
procurement principles, good procurement practices and the procurement
regulations of Indonesia.
3. If requested by MFA, MMAF shall furnish MFA with all relevant information on
its procurement practices and actions taken, and provide access to all related
records and documents. MF A may require access to information even during the
stage in the procurement procedure when it is restricted to the officers performing
the procurement. Restrictions on such information shall be respected until the
information can be made public without any risk of detriment to the result of the
procurement.
Article IX Audit
1.
The annual financial statements of the Programme shall be audited by Indonesian
Government Auditor (BPKP).
2.
The audit shall be carried out in accordance with international auditing standards.
The auditor shall state in the report which auditing standards that have been
applied. The audit shall not cover the funds that has been transferred to
Norwegian implementing partners, as these funds will be subject to audit of the
Norwegian Auditor-General.
3.
The audit report shall state the auditor's opinion/findings as to:
a. whether the financial statements present fairly, in all material respects, the
Programme's cash receipts/income and expenditures as well as the
cash/bank/financial position in accordance with an acceptable financial
reporting framework,
b. whether the audit has uncovered any material weaknesses in relevant internal
control(s),
c. whether the audit has uncovered any illegal or corrupt practices,
d. whether cash receipts/income and expenditures are properly accounted for.
e. whether appropriate internal controls to counteract illegal or corrupt practices
have been established and are complied with.
4.
MMAF shall submit to MFA the audit report within April each year. MMAF shall
comment upon the auditor's findings. MF A shall respond within 4 weeks upon
reception of the repo11.
5.
MMAF shall submit to MFA copies of any audit report that has relevance for the
use of Programme funds.
Article X Reviews - Evaluation
1.
An end review focusing on progress to date and the effectiveness of the
Programme, i.e. the extent to which the Purpose is being/has been achieved, shall
be carried out by December 2012. An assessment of the Programme's impact may
also be included in the review).
2.
The Terms of Reference for the review shall be discussed at the 2012 Annual
Meeting.
3.
The cost of the review shall be covered by MF A over and above the Grant.
4.
Norway reserves the right to carry out independent reviews or evaluations of the
Programme as and when MF A deems it necessary. The cost for such reviews will
be covered by funds over and above the Grant.
Article XI Reservations
1.
MF A reserves the right to withhold disbursements at any time in case e.g.:
a. the Programme develops unfavorably in relation to the Goal and Purpose,
b. substantial deviations from agreed plans or budgets occur,
c. the documentation specified in Articles VII and IX has not been submitted as
agreed,
d. the financial management of the Programme has not been satisfactory,
e. the contract(s) referred to in Article IV Clause 9, is breached or terminated
before all obligations therein are fulfilled.
2.
MFA reserves the right to claim repayment in full or in part of funds from the
Grant if the funds or part of the funds are found not to be used in accordance
with the terms and conditions of this Agreement or not satisfactorily accounted
for.
3.
Before withholding any disbursements or claiming repayment the Parties shall
consult with a view to reach a solution in the matter.
4.
MF A will cancel this Agreement or portion of this Agreement and have the right
to demand the cancellation of any Contract financed under this Agreement, with
immediate effect if it determines, with respect to any contract to be financed
under this Agreement, that corrupt or fraudulent practices were engaged in by
representatives of Indonesia or of a beneficiary of the aid funds during
procurement or during the execution of the Contract without Indonesia having
taken timely and appropriate action satisfactory to MFA to remedy the situation.
5.
The Parties agree to cooperate on preventing corruption within and through the
Project. The Parties undertake to take rapid legal measures in their respective
countries to stop, investigate and prosecute in accordance with national law any
person suspected of corruption or other intentional misuse of resources. The
Parties shall inform each other of any indication of corruption or misuse of
funds.
Article XII Intellectual Property Rights
1.
For the purpose of this Implementing Arrangements, "Intellectual Property
Rights" shall mean the subject matter stipulated in any international agreement
binding to both states or other subject matter as mutually agreed by MMAF or
Indonesian implementing partners and MF A or Norwegian implementing
partners prior to implementation of the Programme".
2.
MMAF or Indonesian implementing partners and MF A or Norwegian
implementing partners shall ensure adequate and effective protection of
Intellectual Property Rights created or furnished under the Programme.
3.
The Parties agree that Intellectual Property Rights arising under the
implementation of the Programme shall be exclusively and separately owned
either by Indonesia or Norway of where the geographic origin of the research
was conducted.
4.
In the event the Intellectual Property Rights is used by either MMAF or
Indonesian implementing partners and MF A or Norwegian implementing
partners for the commercial purposes, the other Party is entitled to obtain royalty.
5.
MMAF or Indonesian implementing partners and MFA or Norwegian
implementing partners 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
Programme.
6.
MMAF and MF A shall indemnify each other that the Intellectual Prope11y Rights
which is brought by MMAF or Indonesian implementing partners and MFA or
Norwegian implementing partners into the territory of the other Party for the
implementation of the Programme is not result from any infringement of third
party's legitimate rights.
Article Xlll Distribution of the Agr eement
The Parties shall distribute copies of the Agreement to the respective ministries,
authorities and other institutions involved in the Programme or otherwise in need of
information on its content.
Article XIV Settlement of Disputes
f\ny dispute between the Parties arising out of the interpretation or implementation of
this Agreement shall be settled amicably through consultations and/or negotiations
through diplomatic channel between the Parties.
Article XV Entry into force and Termination
1.
This Agreement 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 determined in
consultations between the Parties.
2.
Notwithstanding the previous clause both Parties may terminate the Agreement
by giving three months written notice to the other Party. In such case there shall
be consultations between the Parties with a view to terminating the Project in a
successful way.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their
respective Government, have signed the present Agreement in two originals in the
English language.
1& day of _ _ _A-"11r-n_d_·___2009 in duplicate in the
DONE in Oslo on the 'English language.
FOR THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
Signed
H.E. Retno L. P. Marsudi
Director General of America and Europe,
Ministry of Foreign Affairs.
FOR THE GOVERNMENT OF THE
KINGDOM OF NORWAY
Signed
H.E. Eivinf"S. Homme
Ambassador of Norway to Indonesia
Annex I Agreed Programme Summary
I. Identification of the Programme
a. Programme Title/Name: Capacity-Building in Fisheries and Aquaculture
b. Implementing institution: the Indonesian Ministry of Marine Affairs and
Fisheries
c. Norwegian Partner institutions:
1.
Centre for Development Cooperation in Fisheries (CDCF) at the Institute of
Marine Research (IMR), Bergen,
ii. the Norwegian Ministry of Fisheries and Coastal Affairs,
iii. the University of Troms0,
iv. the National Veterinary Institute.
II. Description of the Programme
a. Goal
The Goal of the Programme is: Building competence in the fields of fisheries
management (including stock assessment) and aquaculture aiming at sustainable
development of Indonesian marine resources.
b. Purpose
The Purpose of the Programme is: To facilitate the implementation of specific
capacity building activities in fisheries management and aquaculture within the
indicated time frame and within budget
c. Outputs
I.
Training course for stock assessment successfully implemented
u. The planned survey in the Bali Strait completed.
An indicative system of catch recording in the area developed and tested
m.
IV.
The predictive fishing model validated
v. A workshop with stakeholders implemented
VI.
The aquaculture stations diagnosed in terms of technical problems
VII.
Realistic development plans developed for each station
vm. Training of aquaculture specialists (in Norway implemented)
IX.
Development of National Fish Health Reference Laboratory and Strategy
for Disease Prevention
x . Successful intake of students in Norwegian institutions
XI.
Educational and training courses implemented
x11.
A final summing-up seminar implemented
d. Inputs
i. Equipment, logistical support and/or facilities.
Availability of research vessel and scientific acoustic equipment for
surveys, available study place for Master and other training at the
institutions required.
II.
Funds
5 200 000 NOK
nI.
Technical assistance
IMR will provide necessary technical assistance from own and other
institutions as required.
e. Major risk factors (internal and external)
i. administrative challenges
II.
the participants' ability to connect research with administration
Ill
Overall budget (tentative):
The Project duration is 3 years 2009-2012 with a total budget of NOK
5, 200.000 in Norwegian contribution. The Indonesian side will contribute the
required personnel, working facilities etc. in Indonesia.
Tentative budget in NOK:
7 .1.1 Training in bioacoustics
7.1.2 Participation in survey in Norway
7.1.3 Scientific survey in Indonesia- Bali
7.1.4 Development and validation of numerical models
7 .1. 5 Recording of catch landings
7.1.6 Workshop in fisheries management
7 .2.1 Marine culture development
7.2.2 National health program
7.2.3 Aquaculture seminars
7.3. l Master studies Norway (3 students)
7.3.2 Short term courses Indonesia
7.3.3 Study tours to Norway
9 Project coordination and auditing
9 Project steering committee
Miscellaneous (incl. project review)
166 000
50 000
634 000
117 000
139 000
400 000
855 000
305 000
312 000
1200000
200 000
150 000
210 000
215 000
247 000
SUM
s 200 000