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REPUBLIK. INDONESIA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GEOLOGICAL AGENCY OF
THE MINISTRY OF ENERGY AND MINERAL RESOURCES OF
THE REPUBLIC OF INDONESIA
AND
BRGM, FRANCE
CONCERNING
JOINT RESEARCH AND SURVEY IN THE FIELD OF GEOLOGY
The Geological Agency of the Ministry of Energy and Mineral Resources (GA) of
the Republic of Indonesia and the Bureau De Recherches Geologiques Et
Minieres (BRGM) of the Republic of France (hereinafter referred to as "the
Parties'');
DESIRING to cooperate in joint research and exchanges in the fields of geology
that are of mutual interest and beneficial to the Parties;
CONVINCED that an essential means to achieve such cooperation is the
conclusion and implementation of a Memorandum of Understanding (hereinafter
referred to as MOU);
REFERRING to the Memorandum of Understanding between the Government of
the Republic of Indonesia and the Government of the Republic of France
concerning the joint cooperation in the field of geology and mineral exploration
in Indonesia signed in February 1979;
PURSUANT to the prevailing laws and regulations of their respective countries
as well as the policies and procedures concerning international cooperation;
HAVE AGREED as follows:
Article I
Objectives
The objectives of this MOU are:
1. To conduct research and survey cooperation activities in the field of geology on
the basis of equality, reciprocity and mutual benefit;
2. To take benefit by exchanging of information, and of scientific and technical
personnel.
Article II
Forms of Cooperation
Cooperative activities under this MOU are subject to the availability of the resources
and personnel of the Parties. The activities may be conducted in the following forms:
1. Joint research and exploration of geological resources;
2. Exchange of scientific and technical information;
3. Exchange of scientists, study visits and training;
4. Collaboration on individual research activities;
5. Joint organization of symposia, conferences and workshops;
6. Joint participation in cooperation and research projects in third countries; and
7. Other forms of cooperation as may be mutually agreed between the Parties.
Article III
Scope of Cooperation
Subjects initially identified as having potential for cooperation include, but are not
limited to, the following activities:
1. Research and exploration of geological resources;
2. Research and survey on geological science;
3. Geological environment and geo-hydrology;
4. Monitoring and prevention of geo-hazards; and
5. Geo-information systems and models.
Article IV
Implementation
The Parties should decide in writing upon any activity carried out under this MOU
in advance. Whenever more than the exchange of technical information or visits
of individuals are contemplated, such activity should be described in an agreed
arrangement to this MOU, which should set forth in terms appropriate to the
activity, a work plan, staffing requirements, cost estimates, funding sources and
other undertakings, obligations, or conditions not included in this MOU.
In the case of any inconsistency between the terms of this MOU and the terms
of the Arrangement, the terms of this MOU should take precedence over the
Arrangement.
Article V
Confidentiality of Information
1. The scientific and technical results of cooperative projects including, but not
limited to the projects, studies and other performances mentioned in the
Article II conducted under this MOU shall be shared, published or held
confidentially in accordance with the specific terms agreed upon by both
Parties in the implementation arrangements for an individual project;
2. The use of data and information resulting from the cooperation on projects in
Indonesia under this MOU is subject to the written approval from the GA;
3. The use of data and information resulting from the cooperation on projects in
France under this MOU is subject to the written approval from BRGM.
Article VI
Source of Funding
1. The Parties agree that in principle and unless agreed upon otherwise each
Party will bear the cost of its personnel, including salary, allowances, social
charges, insurance, and related costs, including expenses for travel, living
and accommodation;
2. The Parties agree to look for additional sources of funding to develop the
activities under this MOU;
3. The Parties agree that cost estimates and funding sources for the cooperative
activities under this MOU shall be defined in the concerned Arrangements.
Article VII
Restraint of the Personnel
Any persons engaged in activities related to this MOU shall respect political
independence, sovereignty, and territorial integrity of the host country, and will
avoid any activities inconsistent with the purposes and objectives of this MOU.
Article VIII
Intellectual Property Rights
1. Any Intellectual Property Rights arising out of cooperation projects realized in
Indonesia under this MOU will be equally shared among the Parties and shall
be governed by the laws and regulations of the Republic of Indonesia;
2. The issues of protection and distribution of intellectual property rights
including protection of a third party's legitimate rights, taking into full
consideration the equitable portion of ownership based on the contribution of
the respective participants, shall be regulated by the agreements concluded
by organizations of the Parties on specific areas of cooperation.
Article IX
Settlement of Differences
Differences arising out of the interpretation or implementation of this MOU shall
be settled amicably by mutual consultation or negotiation between the Parties.
Article X
Amendment
Either Party may request at any time in writing amendment of all parts of this
MOU. Any amendment which has been agreed by the Parties shall come into
effect on such date as will be determined by the Parties.
Article XI
Duration, Entry into Effect and Termination
1. This MOU shall enter into effect on the date of its signing;
2. This MOU shall remain in force for 5 (five) years and will be automatically
renewed on an annual basis thereafter, unless either Party notifies the other
in writing at least 6 (six) months in advance of its intention to terminate this
MOU;
3. Either party may terminate this MOU at any time by notifying the other Party
through written notice with certificate of receipt. Such termination will enter
into effect 3 (three) months after the date of reception of the notice;
4. Termination of this MOU shall not affect the validity of the duration of any
arrangement or contract made under the present MOU until the completion of
such arrangement or contract.
In witness whereof, the undersigned, have signed this MOU.
SIGNED in duplicate at Orleans, France on this 24 day of November 2008, in English.
Both texts are equally authentic.
For Geological Agency,
For BRGM, France
Ministry of Energy and Mineral Resources
Of the Republic of Indonesia
Signed
Signed
R. SUKHYAR
PHIUPPE VESSERON
Head of Geological Agency
Chairman and CEO,BRGM
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GEOLOGICAL AGENCY OF
THE MINISTRY OF ENERGY AND MINERAL RESOURCES OF
THE REPUBLIC OF INDONESIA
AND
BRGM, FRANCE
CONCERNING
JOINT RESEARCH AND SURVEY IN THE FIELD OF GEOLOGY
The Geological Agency of the Ministry of Energy and Mineral Resources (GA) of
the Republic of Indonesia and the Bureau De Recherches Geologiques Et
Minieres (BRGM) of the Republic of France (hereinafter referred to as "the
Parties'');
DESIRING to cooperate in joint research and exchanges in the fields of geology
that are of mutual interest and beneficial to the Parties;
CONVINCED that an essential means to achieve such cooperation is the
conclusion and implementation of a Memorandum of Understanding (hereinafter
referred to as MOU);
REFERRING to the Memorandum of Understanding between the Government of
the Republic of Indonesia and the Government of the Republic of France
concerning the joint cooperation in the field of geology and mineral exploration
in Indonesia signed in February 1979;
PURSUANT to the prevailing laws and regulations of their respective countries
as well as the policies and procedures concerning international cooperation;
HAVE AGREED as follows:
Article I
Objectives
The objectives of this MOU are:
1. To conduct research and survey cooperation activities in the field of geology on
the basis of equality, reciprocity and mutual benefit;
2. To take benefit by exchanging of information, and of scientific and technical
personnel.
Article II
Forms of Cooperation
Cooperative activities under this MOU are subject to the availability of the resources
and personnel of the Parties. The activities may be conducted in the following forms:
1. Joint research and exploration of geological resources;
2. Exchange of scientific and technical information;
3. Exchange of scientists, study visits and training;
4. Collaboration on individual research activities;
5. Joint organization of symposia, conferences and workshops;
6. Joint participation in cooperation and research projects in third countries; and
7. Other forms of cooperation as may be mutually agreed between the Parties.
Article III
Scope of Cooperation
Subjects initially identified as having potential for cooperation include, but are not
limited to, the following activities:
1. Research and exploration of geological resources;
2. Research and survey on geological science;
3. Geological environment and geo-hydrology;
4. Monitoring and prevention of geo-hazards; and
5. Geo-information systems and models.
Article IV
Implementation
The Parties should decide in writing upon any activity carried out under this MOU
in advance. Whenever more than the exchange of technical information or visits
of individuals are contemplated, such activity should be described in an agreed
arrangement to this MOU, which should set forth in terms appropriate to the
activity, a work plan, staffing requirements, cost estimates, funding sources and
other undertakings, obligations, or conditions not included in this MOU.
In the case of any inconsistency between the terms of this MOU and the terms
of the Arrangement, the terms of this MOU should take precedence over the
Arrangement.
Article V
Confidentiality of Information
1. The scientific and technical results of cooperative projects including, but not
limited to the projects, studies and other performances mentioned in the
Article II conducted under this MOU shall be shared, published or held
confidentially in accordance with the specific terms agreed upon by both
Parties in the implementation arrangements for an individual project;
2. The use of data and information resulting from the cooperation on projects in
Indonesia under this MOU is subject to the written approval from the GA;
3. The use of data and information resulting from the cooperation on projects in
France under this MOU is subject to the written approval from BRGM.
Article VI
Source of Funding
1. The Parties agree that in principle and unless agreed upon otherwise each
Party will bear the cost of its personnel, including salary, allowances, social
charges, insurance, and related costs, including expenses for travel, living
and accommodation;
2. The Parties agree to look for additional sources of funding to develop the
activities under this MOU;
3. The Parties agree that cost estimates and funding sources for the cooperative
activities under this MOU shall be defined in the concerned Arrangements.
Article VII
Restraint of the Personnel
Any persons engaged in activities related to this MOU shall respect political
independence, sovereignty, and territorial integrity of the host country, and will
avoid any activities inconsistent with the purposes and objectives of this MOU.
Article VIII
Intellectual Property Rights
1. Any Intellectual Property Rights arising out of cooperation projects realized in
Indonesia under this MOU will be equally shared among the Parties and shall
be governed by the laws and regulations of the Republic of Indonesia;
2. The issues of protection and distribution of intellectual property rights
including protection of a third party's legitimate rights, taking into full
consideration the equitable portion of ownership based on the contribution of
the respective participants, shall be regulated by the agreements concluded
by organizations of the Parties on specific areas of cooperation.
Article IX
Settlement of Differences
Differences arising out of the interpretation or implementation of this MOU shall
be settled amicably by mutual consultation or negotiation between the Parties.
Article X
Amendment
Either Party may request at any time in writing amendment of all parts of this
MOU. Any amendment which has been agreed by the Parties shall come into
effect on such date as will be determined by the Parties.
Article XI
Duration, Entry into Effect and Termination
1. This MOU shall enter into effect on the date of its signing;
2. This MOU shall remain in force for 5 (five) years and will be automatically
renewed on an annual basis thereafter, unless either Party notifies the other
in writing at least 6 (six) months in advance of its intention to terminate this
MOU;
3. Either party may terminate this MOU at any time by notifying the other Party
through written notice with certificate of receipt. Such termination will enter
into effect 3 (three) months after the date of reception of the notice;
4. Termination of this MOU shall not affect the validity of the duration of any
arrangement or contract made under the present MOU until the completion of
such arrangement or contract.
In witness whereof, the undersigned, have signed this MOU.
SIGNED in duplicate at Orleans, France on this 24 day of November 2008, in English.
Both texts are equally authentic.
For Geological Agency,
For BRGM, France
Ministry of Energy and Mineral Resources
Of the Republic of Indonesia
Signed
Signed
R. SUKHYAR
PHIUPPE VESSERON
Head of Geological Agency
Chairman and CEO,BRGM