Treaty Room - Treaty
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF CANADA
CONCERNING
GOVERNANCE REFORM SUPPORT PROJECT IN INDONESIA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF CANADA
CONCERNING
THE GOVERNANCE REFORM SUPPORT PROJECT IN INDONESIA
The Government of Canada (hereinafter "CANADA") and the Government of the
Republic of Indonesia (hereinafter "INDONESIA"), desiring to collaborate on the
implementation of a Canadian development assistance project have reached the
following understanding:
ARTICLE I
NATURE OF THE MEMORANDUM OF UNDERSTANDING
SECTION 1. 01
This Memorandum of Understanding constitutes a subsidiary arrangement made
pursuant to the General Memorandum of Understanding on Development
Cooperation between CANADA and INDONESIA, dated the 21st day of May,
1991 and is intended to set out the responsibilities of CANADA and INDONESIA
in relation to the Project described in Article III.
international treaty.
It does not constitute an
ARTICLE II
RESPONSIBLE AUTHORITIES
SECTION 2.01
CAN ADA designates the Canadian International Development Agency (hereinafter
"CIDA") to assume its responsibilities under this Memorandum of Understanding.
SECTION 2.02
INDONESIA designates the National Development Planning Agency (hereinafter
"BAPPENAS ") as the agency responsible for the implementation of the Project
described in Article III.
ARTICLE III
THE PROJECT
SECTION 3.01
CANADA and INDONESIA will part1c1pate m the implementation of
Governance Reform Support Project in Indonesia (GRSPI)
Project").
the
(hereinafter "the
The purpose of the Project is to assist BAPPENAS and other key
Indonesian ministries and agencies to develop their self sustaining capacities to
formulate,
plan,
implement,
monitor,
and evaluate socio-economic and
administrative policies for reform and development.
SECTION 3.02
The Project is described in Annex "A" of this Memorandum of Understanding.
ARTICLE IV
MANAGEMENT PLAN
SECTION 4.01
For the purpose of implementing the Project, CANADA and INDONESIA will
develop a Management Plan
which will govern project activities.
The
Management Plan will be completed and signed within one hundred and twenty
(120) days from the date of this Memorandum of Understanding, and when duly
signed on behalf of CANADA and INDONESIA will be attached hereto as Annex
11
B
11
and will contain, inter alia, the following:
1) a detailed description of the Project;
2) an outline of the methods and means to be used to implement the Project;
3) a schedule for the implementation of the project activities, including a
milestone chart;
4) the reporting requirements for the Project;
5) the nature, timing and responsibilities for project evaluations and the means
by which they will be made;
6) the resources required for the Project; and
7) a statement of additional obligations, duties and responsibilities of CANADA
and INDONESIA together with their contributions.
The Management Plan may be amended without recourse to the formal amendment
procedure referred to in section 11.02.
ARTICLE V
CONTRIBUTION OF CANADA
SECTION 5.01
The contribution of CANADA will consist of the provision of technical services,
and of monitoring and eval.uation of the Project.
CANADA's contribution is
described in Annex "A" of this Memorandum of Understanding. The total value
of CANADA's contribution will not exceed four million Canadian Dollars
(Cdn$ 4,000,000).
SECTION 5.02
The proceeds of CANADA's contribution will not be used by INDONESIA to pay
any taxes, fees, customs duties or any other levies or charges imposed directly or
indirectly by INDONESIA on any goo_ds, materials, equipment, vehicles and
services purchased or acquired to meet project requirements or in relation to the
implementation of the Project.
ARTICLE VI
CONTRIBUTION OF INDONESIA
SECTION 6.01
The contribution of
INDONESIA will consist of the provision, through
BAPPENAS, of human resources, materials, facilities, equipment and services,
and any other contribution necessary to meet project requirements.
The
contribution of INDONESIA is described in Annex "A" of this Memorandum of
Understanding.
ARTICLE VII
INFORMATION
SECTION 7 .01
CANADA and INDONESIA will ensure that this Memorandum of Understanding
is implemented with due diligence and efficiently, and each will furnish to the
other all such information relating to the Project as will reasonably be requested.
ARTICLE VIII
COMMUNICATIONS
SECTION 8.01
Any communications or documents given, made or sent by either CANADA or
INDONESIA pursuant to this Memorandum of Understanding, will be in writing
and will be deemed to have been duly given, made or sent to the addressee for
which they are intended when they have been delivered by hand, mail or facsimile
to the following address:
For CANADA:
The President
c/o Canadian International Development Agency
200 Place du Portage,
Hull, Quebec
KlA 004
Facsimile:(819) 953 5469
For INDONESIA:
Mailing address
Deputy Chairman for Foreign Cooperation
National Development Planning Agency (BAPPENAS)
Jl. Taman Suropati No. 2
Jakarta
Facsimile:(62-21) 334 215
SECTION 8.02
CANADA or INDONESIA may, by written notice to the addressee hereto, change
the address to which all documents or communications are to be submitted.
SECTION 8.03
All communications and documents submitted to CANADA will be in either the
English or the French language, and all communications and documents submitted
to INDONESIA will be in either the English or Indonesian language.
ARTICLE IX
CONSULTATION
SECTION 9.01
CANADA and INDONESIA will consult each other in respect of any matter that
may arise in connection with this Memorandum of Understanding.
ARTICLE X
INTERPRETATION
SECTION 10.01
Differences which may arise in applying the provisions of this Memorandum of
Understanding will be settled by means of negotiations between CANADA and
INDONESIA, or by any other manner mutually agreed upon.
ARTICLE XI
GENERAL PROVISIONS
SECTION 11.01
This Memorandum of Understanding together with Annexes "A" and "B" which
form an integral part hereof, constitute the entire understanding between
CANADA and INDONESIA with respect to the Project.
SECTION 11.02
This Memorandum of Understanding may be amended by mutual agreement as
deemed necessary by CANADA and INDONESIA, by exchange of letters.
SECTION 11.03
This Memorandum of Understanding shall come into force and effect on the
date of signature and shall so remain for the duration of the Project.
Done in two copies, in Jakarta, this 27 111 day of October, 1998.
FOR THE GOVERNMENT
FOR THE GOVERNMENT
OF THE REPUBLIC OF INDONESIA
OF CANADA
｢ｒｾ＠
Signed
BOEDIONO
Signed
KENNETH SUNQUtsT
State Minister for National
Development Planning/ Chairman
Ambassador Extraordinary
and Plenipotentiary of
of Bappenas
Canada
ANNEX A
PROJECT DESCRIPTION
I.
Project Description
The goal of the Project is to support Indonesia's reform agenda in the areas
of governance and participatory development.
The purpose of the Project is to assist the National Planning Agency
(BAPPENAS) and other key Indonesian ministries and agencies to develop
and support their self-sustaining capacities to formulate, plan, implement,
monitor and evaluate socio-economic and administrative policies for reform
and development.
The Project will consist of a facility in Indonesia, coordinated by Bappenas,
to help identify areas of reform, analyze options, select priorities, and
explore new opportunities for Canada-Indonesia development cooperation
based on our years of experience. The project will assist Indonesia in short
and long-term planning directly related to governance and policy reforms in
areas including, but not limited to, human resources, mines, energy, human
rights, justice, finance , telecommunications, small and medium enterprise
support,
cooperative
development,
public
sector
reform,
and
decentralization. The facility, in conjunction with Bappenas, will identify
areas that require development assistance and will hire Canadian expertise
to implement sub-projects providing any combination of technical assistance
and advisory services from Canada, Indonesia and/or Southeast Asia; local
training events, seminars, and conferences; highly structured study tours to
Canada and/or other countries in Southeast Asia to foster long term linkages;
-2and research projects to explore policy options. These sub-projects must be
strategic and contain the elements of sustainability. In essence, the subprojects are to be designed, in collaboration with senior executives training,
to embed reform into the ministry or agency of the Indonesian government.
A Canadian Executing Agency (CEA) will be selected by CIDA, and one of
their functions will be to monitor each of the sub-projects. Each sub-project
will be evaluated upon completion by an independent local consultant.
All Project activities will fall within one or more of the following three
categories: (1) the formulation of development policy and subsequent
undertaking of institutional reform; (2) the improvement of institutional
structures, systems and coordinating mechanisms; (3) the enhancement of a
core of knowledgeable and well-trained development oriented managers.
The cross-cutting themes of women in development (WID) and the
environment will be integrated into all programming under the Project.
Women Indonesian civil servants will be sought to participate in sub-projects
and directly targeted for specific initiatives in the area of executive
development. The Canadian Executing Agency Project Management Office
staff in Jakarta will be trained for the integration of WID issues into
programming. Each proposed environmental sub-project will be subjected
to an assessment of the effects (direct and indirect) it will have on
environmental concerns.
-3-
II.
Expected results
The expected outcomes of the Project are:
1.
Key government of Indonesia ministries central to the development
process wi11 introduce structural and administrative reforms to more
effectively and efficiently identify, plan and implement development
policies;
2.
Selected semor officials of the government of Indonesia and other
agencies will introduce changes to key minstries that will have a
positive impact on all levels of the bureaucracy , and will increase
social, political and economic stability.
The specific results of the sub-projects will be determined at the time of
their approval.
III. Project Implementation
1.
CIDA will sign a contract with a Canadian Executing Agency (CEA).
The CEA will be responsible for the ongoing planning, organization,
implementation and control of the Project in collaboration with its
Indonesian counterparts.
2.
Short term advisors will be hired as necessary under the CEA contract
to provide services in sub-projects, or other elements of the Project.
-43.
A Steering Committee, co-chaired by a representative from BAPPENAS
and a representative from CIDA, will meet at least semi-annually to
review and approve Project policy, orientations, results, budget and
workplans .
4.
CIDA may recruit an independent Monitor and Evaluator to assess the
Project's efficiency and effectiveness.
IV.
Roles and Responsibilities of Canada
Canada through CIDA will
1.
Contract the services of a CEA and manage CIDA s input to the
Project. The CEA will be responsible for the overall effectiveness, and
financial, administrative and technical management of the Canadian
contribution to the Project and be accountable to CIDA for Project
outputs and results.
2.
Provide the services of a monitor and an evaluator as necessary.
3.
Provide a representative to the Steering Committee.
Details of the responsibilities of CANADA will be as established and agreed
to in the Management Plan referred to in Article IV of this Memorandum of
Understanding.
-5-
V.
Roles and Responsibilities of Indonesia
INDONESIA, through BAPPENAS, will
1.
Appoint a representative of BAPPENAS who will, jointly with the CEA
resident Project Manager, oversee the planning and implementation of
the project activities.
2.
Convene and co-chair the Steering Committee, at least two times a
year, for review and approval of Project policy, orientation, results,
budget and workplans.
3.
Approve the terms of reference of the resident CEA Project Manager.
4.
Authorize and make administrative arrangements to assist the CEA and
the short term advisors in carrying out their tasks.
5.
Ensure the provision of counterpart funding and other support as agreed
to in the Memorandum of Understanding and as specified in the
approved sub-projects.
Details of the responsibilities of INDONESIA will be as established and
agreed to in the Management Plan referred to in Article IV of this
Memorandum of Understanding.
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF CANADA
CONCERNING
GOVERNANCE REFORM SUPPORT PROJECT IN INDONESIA
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF CANADA
CONCERNING
THE GOVERNANCE REFORM SUPPORT PROJECT IN INDONESIA
The Government of Canada (hereinafter "CANADA") and the Government of the
Republic of Indonesia (hereinafter "INDONESIA"), desiring to collaborate on the
implementation of a Canadian development assistance project have reached the
following understanding:
ARTICLE I
NATURE OF THE MEMORANDUM OF UNDERSTANDING
SECTION 1. 01
This Memorandum of Understanding constitutes a subsidiary arrangement made
pursuant to the General Memorandum of Understanding on Development
Cooperation between CANADA and INDONESIA, dated the 21st day of May,
1991 and is intended to set out the responsibilities of CANADA and INDONESIA
in relation to the Project described in Article III.
international treaty.
It does not constitute an
ARTICLE II
RESPONSIBLE AUTHORITIES
SECTION 2.01
CAN ADA designates the Canadian International Development Agency (hereinafter
"CIDA") to assume its responsibilities under this Memorandum of Understanding.
SECTION 2.02
INDONESIA designates the National Development Planning Agency (hereinafter
"BAPPENAS ") as the agency responsible for the implementation of the Project
described in Article III.
ARTICLE III
THE PROJECT
SECTION 3.01
CANADA and INDONESIA will part1c1pate m the implementation of
Governance Reform Support Project in Indonesia (GRSPI)
Project").
the
(hereinafter "the
The purpose of the Project is to assist BAPPENAS and other key
Indonesian ministries and agencies to develop their self sustaining capacities to
formulate,
plan,
implement,
monitor,
and evaluate socio-economic and
administrative policies for reform and development.
SECTION 3.02
The Project is described in Annex "A" of this Memorandum of Understanding.
ARTICLE IV
MANAGEMENT PLAN
SECTION 4.01
For the purpose of implementing the Project, CANADA and INDONESIA will
develop a Management Plan
which will govern project activities.
The
Management Plan will be completed and signed within one hundred and twenty
(120) days from the date of this Memorandum of Understanding, and when duly
signed on behalf of CANADA and INDONESIA will be attached hereto as Annex
11
B
11
and will contain, inter alia, the following:
1) a detailed description of the Project;
2) an outline of the methods and means to be used to implement the Project;
3) a schedule for the implementation of the project activities, including a
milestone chart;
4) the reporting requirements for the Project;
5) the nature, timing and responsibilities for project evaluations and the means
by which they will be made;
6) the resources required for the Project; and
7) a statement of additional obligations, duties and responsibilities of CANADA
and INDONESIA together with their contributions.
The Management Plan may be amended without recourse to the formal amendment
procedure referred to in section 11.02.
ARTICLE V
CONTRIBUTION OF CANADA
SECTION 5.01
The contribution of CANADA will consist of the provision of technical services,
and of monitoring and eval.uation of the Project.
CANADA's contribution is
described in Annex "A" of this Memorandum of Understanding. The total value
of CANADA's contribution will not exceed four million Canadian Dollars
(Cdn$ 4,000,000).
SECTION 5.02
The proceeds of CANADA's contribution will not be used by INDONESIA to pay
any taxes, fees, customs duties or any other levies or charges imposed directly or
indirectly by INDONESIA on any goo_ds, materials, equipment, vehicles and
services purchased or acquired to meet project requirements or in relation to the
implementation of the Project.
ARTICLE VI
CONTRIBUTION OF INDONESIA
SECTION 6.01
The contribution of
INDONESIA will consist of the provision, through
BAPPENAS, of human resources, materials, facilities, equipment and services,
and any other contribution necessary to meet project requirements.
The
contribution of INDONESIA is described in Annex "A" of this Memorandum of
Understanding.
ARTICLE VII
INFORMATION
SECTION 7 .01
CANADA and INDONESIA will ensure that this Memorandum of Understanding
is implemented with due diligence and efficiently, and each will furnish to the
other all such information relating to the Project as will reasonably be requested.
ARTICLE VIII
COMMUNICATIONS
SECTION 8.01
Any communications or documents given, made or sent by either CANADA or
INDONESIA pursuant to this Memorandum of Understanding, will be in writing
and will be deemed to have been duly given, made or sent to the addressee for
which they are intended when they have been delivered by hand, mail or facsimile
to the following address:
For CANADA:
The President
c/o Canadian International Development Agency
200 Place du Portage,
Hull, Quebec
KlA 004
Facsimile:(819) 953 5469
For INDONESIA:
Mailing address
Deputy Chairman for Foreign Cooperation
National Development Planning Agency (BAPPENAS)
Jl. Taman Suropati No. 2
Jakarta
Facsimile:(62-21) 334 215
SECTION 8.02
CANADA or INDONESIA may, by written notice to the addressee hereto, change
the address to which all documents or communications are to be submitted.
SECTION 8.03
All communications and documents submitted to CANADA will be in either the
English or the French language, and all communications and documents submitted
to INDONESIA will be in either the English or Indonesian language.
ARTICLE IX
CONSULTATION
SECTION 9.01
CANADA and INDONESIA will consult each other in respect of any matter that
may arise in connection with this Memorandum of Understanding.
ARTICLE X
INTERPRETATION
SECTION 10.01
Differences which may arise in applying the provisions of this Memorandum of
Understanding will be settled by means of negotiations between CANADA and
INDONESIA, or by any other manner mutually agreed upon.
ARTICLE XI
GENERAL PROVISIONS
SECTION 11.01
This Memorandum of Understanding together with Annexes "A" and "B" which
form an integral part hereof, constitute the entire understanding between
CANADA and INDONESIA with respect to the Project.
SECTION 11.02
This Memorandum of Understanding may be amended by mutual agreement as
deemed necessary by CANADA and INDONESIA, by exchange of letters.
SECTION 11.03
This Memorandum of Understanding shall come into force and effect on the
date of signature and shall so remain for the duration of the Project.
Done in two copies, in Jakarta, this 27 111 day of October, 1998.
FOR THE GOVERNMENT
FOR THE GOVERNMENT
OF THE REPUBLIC OF INDONESIA
OF CANADA
｢ｒｾ＠
Signed
BOEDIONO
Signed
KENNETH SUNQUtsT
State Minister for National
Development Planning/ Chairman
Ambassador Extraordinary
and Plenipotentiary of
of Bappenas
Canada
ANNEX A
PROJECT DESCRIPTION
I.
Project Description
The goal of the Project is to support Indonesia's reform agenda in the areas
of governance and participatory development.
The purpose of the Project is to assist the National Planning Agency
(BAPPENAS) and other key Indonesian ministries and agencies to develop
and support their self-sustaining capacities to formulate, plan, implement,
monitor and evaluate socio-economic and administrative policies for reform
and development.
The Project will consist of a facility in Indonesia, coordinated by Bappenas,
to help identify areas of reform, analyze options, select priorities, and
explore new opportunities for Canada-Indonesia development cooperation
based on our years of experience. The project will assist Indonesia in short
and long-term planning directly related to governance and policy reforms in
areas including, but not limited to, human resources, mines, energy, human
rights, justice, finance , telecommunications, small and medium enterprise
support,
cooperative
development,
public
sector
reform,
and
decentralization. The facility, in conjunction with Bappenas, will identify
areas that require development assistance and will hire Canadian expertise
to implement sub-projects providing any combination of technical assistance
and advisory services from Canada, Indonesia and/or Southeast Asia; local
training events, seminars, and conferences; highly structured study tours to
Canada and/or other countries in Southeast Asia to foster long term linkages;
-2and research projects to explore policy options. These sub-projects must be
strategic and contain the elements of sustainability. In essence, the subprojects are to be designed, in collaboration with senior executives training,
to embed reform into the ministry or agency of the Indonesian government.
A Canadian Executing Agency (CEA) will be selected by CIDA, and one of
their functions will be to monitor each of the sub-projects. Each sub-project
will be evaluated upon completion by an independent local consultant.
All Project activities will fall within one or more of the following three
categories: (1) the formulation of development policy and subsequent
undertaking of institutional reform; (2) the improvement of institutional
structures, systems and coordinating mechanisms; (3) the enhancement of a
core of knowledgeable and well-trained development oriented managers.
The cross-cutting themes of women in development (WID) and the
environment will be integrated into all programming under the Project.
Women Indonesian civil servants will be sought to participate in sub-projects
and directly targeted for specific initiatives in the area of executive
development. The Canadian Executing Agency Project Management Office
staff in Jakarta will be trained for the integration of WID issues into
programming. Each proposed environmental sub-project will be subjected
to an assessment of the effects (direct and indirect) it will have on
environmental concerns.
-3-
II.
Expected results
The expected outcomes of the Project are:
1.
Key government of Indonesia ministries central to the development
process wi11 introduce structural and administrative reforms to more
effectively and efficiently identify, plan and implement development
policies;
2.
Selected semor officials of the government of Indonesia and other
agencies will introduce changes to key minstries that will have a
positive impact on all levels of the bureaucracy , and will increase
social, political and economic stability.
The specific results of the sub-projects will be determined at the time of
their approval.
III. Project Implementation
1.
CIDA will sign a contract with a Canadian Executing Agency (CEA).
The CEA will be responsible for the ongoing planning, organization,
implementation and control of the Project in collaboration with its
Indonesian counterparts.
2.
Short term advisors will be hired as necessary under the CEA contract
to provide services in sub-projects, or other elements of the Project.
-43.
A Steering Committee, co-chaired by a representative from BAPPENAS
and a representative from CIDA, will meet at least semi-annually to
review and approve Project policy, orientations, results, budget and
workplans .
4.
CIDA may recruit an independent Monitor and Evaluator to assess the
Project's efficiency and effectiveness.
IV.
Roles and Responsibilities of Canada
Canada through CIDA will
1.
Contract the services of a CEA and manage CIDA s input to the
Project. The CEA will be responsible for the overall effectiveness, and
financial, administrative and technical management of the Canadian
contribution to the Project and be accountable to CIDA for Project
outputs and results.
2.
Provide the services of a monitor and an evaluator as necessary.
3.
Provide a representative to the Steering Committee.
Details of the responsibilities of CANADA will be as established and agreed
to in the Management Plan referred to in Article IV of this Memorandum of
Understanding.
-5-
V.
Roles and Responsibilities of Indonesia
INDONESIA, through BAPPENAS, will
1.
Appoint a representative of BAPPENAS who will, jointly with the CEA
resident Project Manager, oversee the planning and implementation of
the project activities.
2.
Convene and co-chair the Steering Committee, at least two times a
year, for review and approval of Project policy, orientation, results,
budget and workplans.
3.
Approve the terms of reference of the resident CEA Project Manager.
4.
Authorize and make administrative arrangements to assist the CEA and
the short term advisors in carrying out their tasks.
5.
Ensure the provision of counterpart funding and other support as agreed
to in the Memorandum of Understanding and as specified in the
approved sub-projects.
Details of the responsibilities of INDONESIA will be as established and
agreed to in the Management Plan referred to in Article IV of this
Memorandum of Understanding.