Selanjutnya

ＲｾｾｊｕｎＭＰＱ＠ 09,35 FROM•AMSAT LTD

l 10·61+2 6281 8436 PAGE ＲＯｾ＠

)

I . . .

MEMORANDUM OF UNDERSTANDING

THE MINISTRY OF MARINE AFFAIRS AND FISHERIES

OF THE REPUBLIC OF INDONESIA

AND

AUSTRALIAN MARINE SCIENCE AND TECHNOLOGY

ｌｩｭｩｴｾ､＠

.

CONCE.RNING

COOPERATION IN THE PROMOTION OF THE.

SUSTAINABLE DEVELOPMENT OF MARINE

29-JUN-01 09,35 FROM,AMSAT LTD ' ' '

JQ,61+2 6281 8436 PAGE

MEMORANDUM OF UNDERSTANDING

THE MINlSTRY OF MARINE AFFAIRS AND F1SHERIES OF 1DE REPUBLIC OF INDONESIA

AND

AUSTRALIAN MARINE ｓｃｉｅｎｃｾ＠ AND TECHNOLOGY Ltd.

CONCERNING

COOPERATION IN THE PROMOTION OF THE SUSTAINABLE DEVELOPMENT OF MARINE RESOURCES

) This AGREEMENT is entered on the 26th day of June 2001, by and between:

L THEMINISTRYOFMARINEAFFAIRSANDF1SHERIESOFTBE

REPUBLIC OF INDONESIA of Jalan Let. Jen. Haryono M.T,. Kav 52 - 53,

ｊ｡ｫｾ＠ hereinafter refem:d as the First J>arty, and

2_ AUSTRALIAN MARINE SCU:NCE AND TECHNOLOGY Ltd of Building 10,,

Wilf Crane Crescent, ｙ｡ｮ｡ｩｾ＠ ACT> ａｵｳｴｲ｡ｬｩｾ＠ PO Box 341 C\Irtin ACT 2605

Australia, hereinafter referred as the Second Party.

hereinafter referred to as the Parties

WHEREAS the First Party is the Ministcy responsible for IndQnesian marine affairs and fisheries and has the objective of upgrading and expanding Indonesia's marine resources including activ.ities in the sustainable development and management of living and non- · living resources, hwnan and organizational capacity> marine technology, maritime

ｳ･ｲｶｩｾ＠ !ea region, and all ｾ･ｲ＠ fields involving ｉｮ､ｯｮｾ｡ｮ＠ non-mineral marine

resources;

WHEREAS the Second Party is a not-for-profit company established under Australian CoipOra1ions Law by a pennanent consortium of agencies and institutioos involved in

marine ｲ･ｳｾｨＮ＠ development and management and has among its objectives the·

promotion of sustainable development

m

the marine environment through cooperation with Indonesia;

CONSIDERING the

parties' common goal

to

promote

and ettcourage c;ollaborative

activity

in

the

sustainable

development of

the

marine environment and of

the

recipr<>cal

advantages resulting from cooperation in fields of mutual interest;

RECALLING the need for effective cooperation in marine resource ､･ｶ･ｬｯｰｭ･ｮｾ＠

bilateral communication and

networking

and

project identification and

implementation.

which will benefit the peoples of

Indonesia

and Australia;

29-JUN-01 09,35 FROM o AMSAT LTD IDo61+2 6281 8436 PAGE

.·-

.

Article l

OBJECTIVES

The Parties mutually wish to pursue the following objectives:

a. Conduct of activities which enhance the sustainable development of marine and

coastal resources;

b_ Enhanced communication for a mutual understanding of each nation's marine and coastal policies> programs and initiatives;

c_ The transfer of related knowledge and te.chnologies to practical applications for private industry and government agencies; and

d_ Enhanced economic and commercial relationships in marine related industries.

Article 2

FRAMEWORK OF COOPERATION

I. Tbe Parties believe that cooperation in the Fields of Common Interest as listed below is for the benefit of both Parties. Opportunities to UBdertake such cooperation may be pursued through ｯｮｧｯｾ＠ cooperation and ｴｨｲｾｵｧ｢＠ the development of Common

Interest Projects.

2. Envisaged Fields of Common Interest activities relate to:

a Marine and coastal project identification, feasibility and design studies;

b. Improving mutual level$ of participation and understandmg in relation to marine and coastal development and management projects undertaken

m

both countries; c. Support for enhanced bilateral scientific> economic and conunen;ial relationships

through

the

creation of networlcs and linkages between government agencies,

research institutions and the private sec'« in both countries and though use of

· the DKP/ A.MSAT linkage as a point of fu$t contact for all bilateral marine enquiries;

d. Facilitation of reciprocal study tours, meetings and conferences in b<;»th

c01mtries;

e_ Studies and activities in aJJ areas of living and non-living marine and coastal

resources for their improved undenrtanding and managemmt;

£ Human resource development and training in all coastal, marine and maritime sectors;

g_ International and domestic marine and coastal policy; and

h. Examination of the application oftbe AMSAT model of agency cooperation to the Indonesian situation.

J_ Other Fields of Common Interest may be jointly determined by the Parties_

4_ Within this framework the Parties witl develop Common Interest Projects within

29-jUN-01 09,35 FROMoAMSAT LTD JD , 61+2 6281 8436

)

Article3

CONTRIBUTIONS

l _ Subject to personnel and budget limitations the First Party intends to: a. Make available resources and persol1De1 for coUaborative activities; and

b. Proactively provide relevant infonnation regarding potential activities and developments, which is relevant to the parties

and

the activities of the Ministry related to the fields of Common Interest.

2_ Subject to personnel and budget limitations the Second Party intends to;

a_ Proactively seek financial and other support from other interested parties for potential Common Interest Projects and make available resources

and

personnel for c;ollaborative activities; and

b_ Proactively prov.Ide relevant information regarding potential activities and developments, which is relevant to the parties and the aciivities of AMSA T related to the fields of Common Interest.

Article 4

FUNDING ..

The Parties intend to jointly detennine plans and budgets for each common Interest Project on a case by case basis. Emphasis wilt be given to identifying and attracting external support. Such plans and budgets will

be

fonnalized in a Common Interest Project Agreement.

Any costs and expenses in evalnatin& negotiating. finalizing and documenting Project Agreements will be borne by the Party incuning the cost or expense unless the Parties

agree otherwise.

Article

5

ACfiVATIONS

With the coming into effect of this Agreement:

1. each party will nominate key executives responsible for coordination of each of the various Fields of Common Interest. The First Party intends that the respomible executive shall be ·the relevant Director-General responsll>le for each area of the Ministty> s activities and that were this is unclear the Se:cretary-Geneial will provide

clarification; and;

-2_ there will coromence a regular

monthly

exchange of information relevant to the maintenance of a comprehensive mutual understanding of developments relevant to

the fields of Common Interest.

Article6

INTELLECTUAL PROPERTY RIGHTS

1.

The

terms

of any

Common Interest

ｐｲｯｪｾｴ＠

agreement will

provide

for the

protection

of Project Intellectual

Property and

any existing InteDectual Property

made available

by a party to a Common

Interest

Project for the. use in the Common Interest Project.

PAGE 5 /

··-29-JUN-01 09·36 FROM • AMSAT LTD 10·61+2 6281 8436 PAGE

2. The Parties intend to use their best endeavors to ensure that parties to any Common Interest Project developed under this memorandum of Understanding

"'ill

be entitled

to

Project InteUectuaJ Property

in

accordance with the terms ofth"C Common Interest

Project agreement that will be drawn up in 3lJ equitable manner taking into account:

a.

the intellecrual

and financial contributions of each party;

b. the contributions of existing Intellectual Property, material, facilities. research effort and preparatory work of each party;

c. legal considerations;

d. objects of study and research activities; and

e. such other relevant considerations as the parties may agree upon.

3. The terms of each Common.Interest Project agreement will include provision for checking for and protection against infiingement of intellectual property rights of third parties.

4. Unless the Parties otherwise decide, Common Interest Project agreements will be

legally binding documents.

5. The Parties will use the°tr best endeavors to enstl1e that prospective parties to Common Interest Projects :under this Memorandum of Understanding enter into a confidentiality deed to contain such tmns and conditi<>ns as ｭｾｹ＠ be agreed upon by

the parties hereto, before they ･ｸｾｨ｡ｮｧ･＠ information about their confidential Intellectual Property.

Article 7

AMENDMENTS

I. Any amendment to this Agreement ·can only be made after consultation and by

written mutual consent of the Parties.

2. Subject to any appli<:able provisions in Common Interest Project agreements,, any differing viewpoin1s or interpretations on how to put the ammgements under this Agreement into effect, which

inJluence

the implementation. ofCommon Interest Projects or related ｡｣ｴｩｶｩｴｩｾ＠

will

be settled amiably by consultation or negotiation between the Parties. ·

Article 8

TERM, EXTENSION AND TERMINATION

I.

This Agreement will come into effect on the date- of signing

and unless earlier

terminated will continue for five (5)

years

(the ''Term,').

2. If the Parties wish to extend the

term, they may

do so by written mutual consent at least six months before expiry of the Agreement.

)

10 : 61+2 6 20 1 04 3 6 PAGE

3. Each Party has the right to terminate this Agreement at any time by giving the other

Party written notice to that effect six months prior to the effective date of tennination.

Article

9

NON-ENFORCEABILITY

. The Parties do not intend that this Memorandum of Understanding will be in any way binding or legally enforceable. This Memorandum of Understanding serves only as a record of the Parties' separate intentions pending the development and execution of specific Common Interest Project agreements. The Parties shall endeavor to resolve any dispute between them connected with this Memorandum of Understanding by prompt

and friendly consultations and negotiations.

IN WITNESS whereof the Parties hereto have caused this agreement to be executed in

accordance with the Law of the Republic of Indonesia and shalJ be in effective as of the date mentioned in the preamble upon signing by the Parties hereto. If for any reason there is no further cooperation or agreement signed within 18 months. Either party may terminate this Agreement giving written notice to the other party.

Both Parties congratulate themselves on the positive evolution of the previous. meetings> which resuhed in the signature of this Agreement today and will make there best efforts for a long and .fruitful collaboration.

Signed at Canberra. Australia this 26ct. Day of June 2001, in duplicate, in English.

ｓｩｾ･､＠ for and oa behalf of

The Secoud .Party

Signed

Robert N Harms

Chief Executive Offirer

Australian Marine Science and

Technology Ltd

Signed for and on behalf of The First Party

Signed

H.E. Dr. Rokhmin Dahuri, MSc

Minister for Marine .Affirirs and Fisheries

Republic of Indonesia