MEMORANDUM OF UNDERSTANDING
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF AUSTRALIA
ON A PROGRAM OF COLLABORATIVE AGRICULTURAL RESEARCH FOR DEVELOPMENT
GENERAL 1.
OBJECTIVES 2 •
This Memorandum expresses the understanding between the Government of Australia and the Government of the Republic of Indonesia
concerning the facilitation of collaboration between the Republic of Indonesia and
Australia in Agricultural Research for Development.
(A) Both Governments will cooperate in a Program of Collaborative Agricultural Research for Development in support of plans by the Government of Indonesia for
increasing agricultural productivity in those sectors of Indonesia's agriculture
to which the Government of Indonesia accords high priority and in which the Government of Australia has significant expertise.
(B) The Program of Collaborative
Agricultural Research for Development will be directed to supporting the plans
referred to in sub-paragraph (A) of this paragraph by promoting and accelerating
research that will lead to new information and new and improved
agricultural technologies and practices.
COORDINATING
AUTHORITIES
3. (A) Each Government will implement the Program of Collaborative Agricultural
Reseach for Development through
respective designated agencies.
(B) The Australian Centre for International
Agricultural Research (hereinafter
referred to as ACIAR) will be the
Australian designated agency. The Agency
for Agricultural Research and
Development (hereinafter referred to as
AARD) will be the Indonesian designated
agency.
(C) Subject to overall responsibility of the
Government of Indonesia for
implementation and coordination of
activities in Indonesia under this
Memorandum the designated agencies will
be responsible for the planning and
coordination of the Program which
functions will include but not be
limited to :
(I) establishing priorities for the
Program;
(II) choosing activities for
implementation under the Program;
(III) reviewing and reporting on
progress in the Program to the two
Governments; and
(IV) recommending to the two
Governments any appropriate
changes to the Program including
budget and future development.
PROGRAM OF
COLLABORATIVE
AGRICULTURAL
RESEARCH
4 . (A) The Program of Collaborative
Agricultural Research for Development
will consist of such activities as the
designated agencies provide for in
subsidiary arrangements as are jointly
approved by both designated agencies,
that are implemented by research
institutions, universities and other
approved organizations.
(B) Activities forming part of the Program
of Collaborative Agricultural Research
for Development may take the follow i ng
forms :
(I) the study, development and
execution of activities designed
to contribute to the attainment of
the objective of this Memorandum;
(II) the sending of mission from one
country to the other to study and
analyse proposed and current
activities;
(III) the assignment of experts, and
other specialists from one country
to the other;
(IV) the provision of goods and
services required for the
execution of activities in
Indonesia;
(V) the promotion of collaborative
research, designed to assist
agricultural development, between
Australian and Indonesian
institutions and personnel;
SHARING OF
COSTS
5 . (A)
(VI) the encouragement and promotion of
collaborative relations between
institutions and personnel of two
countries; and
(VII) any other form of appropriate
activity which may be mutually
arranged between the two
Governments.
Unless provided otherwise, the
Government of Australia will meet the
following costs for activities under the
Program of Collaborative Agriculture
Research :
(I) foreign currency costs relating to
services, materials and equipment
and such costs in Indonesia as are
agreed between the designated
agencies ;
(II) the return air fares from
Australia to the area of activity
in Indonesia, salaries,
accomodation and living expenses
of Australian project personnel in
Indonesia;
(III) the return air fares and
associated trave l ling costs in
Australia, including per diem
allowances for Indonesian
scientists and other Indonesian
personnel visiting Australia .
FINANCIAL
COMMITMENTS
DESIGNATION OF
PARTICULAR
ACTIVITIES UNDER
THE PROGRAM
6 .
7 .
(B) Unless provided otherwise, the
Government of Indonesia will normally
meet the costs of salaries and
allowances of Indonesian personnel ,
materials , services and equipment
suuplied from within Indonesia together
with laboratory and office accomodation,
administrative and laboratory support
for Australian and Indonesian personnel.
Disbursement of the Indonesian and Australian
Governments' contributions to the Program of
Collaborative Agricultural Research for
Development will be subject to the normal
annual budget appropriation .
(A) In order to give effect to the Program
of Collaborative Agricultural Research
for Development each designated agency
may conclude with the other designated
agency subsidiary arrangements on
specific activitie . Wherever possible,
such subsidiary arrangements will set
out :
(I) the title and duration of the
activity;
(II) a description of the activity and
statement of its objectives;
(III) the nominated implemen t ing
agencies both in Australia and in
Indonesia;
(IV) potential benefits of the
activity;
(V) details of the contributions to
activity by the two Governments
and any other donors including :
(1) financial contributions:
(2) materials, services and
equipment to be supplied:
(3) the numbers and areas of
expertise of Australian,
Indonesian and other personnel
to be engaged: and
(4) estimated annual budgets in
respect of project activities:
(VI) reporting arrangements:
(VII) timetable for implementation: and
(VIII) procedures for evaluation and
review.
(B) The coordinating authorities may amend
and supplement the subsidiary
arrangements which they concluded.
(C) The implementation of the program of
Collaborative Agricul tural Research for
Development including the conclusion of
subsidiary arrangements wi l l be in
accordance with the prevailing laws and
regulations and procedural arrangements
of both countries.
PROJECT
COORDINATING
COMMITTEE
PLANNING
COORDINATION
AND REVIEW
8.
9 .
(A) Unless otherwise indicated in subsidiary arrangements , a joint Project
Coordinating Committee will be
established for each project undertaken
under the Program of Collaborative
Agricultural Research for Development
(I) review and report on progress to
the two designated agencies:
(II) recommend to the two designated
agencies any appropriate changes
in the activity including budget
and future development: and
(III) undertake such other func t ions as
may be set o ut in subsidiary
arrangements.
(B) The Project Coordinating Commi tt ee wi l l
include members appointed by each designated agency.
(A) There will be an annual meeting held, if
possible , alternately in Indonesia and
Australia for the purposes of :
(I) planning and coordination the
Program of Research for
Development :
(II) considering reports and
recommendations of joint Project
Coordinating Commi tt ees: and
(III) making recommendations to the two
Governments concerning the Program .
DEFINITIONS 10.
(B) The two designated agencies and other institutions and organisations of both countries which have an interest in Agricultural Research for Development may attend the meeting.
In this Memorandum
(I) "Australian ins titutions and organisations" means Australian
institutions or organisations which are engaged in an activity under this
Memorandum;
(II) "Australian personnel" means Australian nationals or permanent resident or
other persons who are not nationals or permanent residents of Indonesia, who are working in Indonesia in an activity under this Memorandum and whose
salaries or other costs are funded from the Australian contribution to the
activity;
(III) "Dependent" means the spouse and
children of a member of the Australian personnel and any other person
recognised as a dependent of a member of the Australian personnel by the two Governments;
(IV) "Professional and technical material" means equipment, and other goods
imported by Austra l ian personnel or Australian institutions and
organisations for their professional use while engaged in an act i v i ty under this Memorandum; and
CONSULTANCY 11.
(V) "Project supplies" means equipment,
materials and other goods supplies for
the execution of an activity under this
Memorandum the cost of which is funded
from the Australian contribution to the
activity.
For the purpose of each project, the
Indonesian Government will, in accordance with
prevailing laws and regulations, facilitate
the employment by the Australian Government of
the consultancy personnel required for the
project and established between the two
Governments by :
(A) bearing income ot other taxes on project
salaries and allowances; Australian
project personnel will not bear these
taxes;
(B) granting exemption from import and other
duties on personal and household
effects, and expediting their clearance
through Customs;
(C) granting exemption from taxes and duties
on the purchase in Indonesia of a
locally assembled motor vehicle per
expert on condition that i t either be
sold to a person who has the same
privileges, or to the Government
authorised agents. The expert's
assignment should be on a long term
basis of at least twelve (12)
consecutive months period;
(D) granting to Australian project personnel
all rights and entitlements accorded to
the aid personnel of any other donor
country;
PROJECT SUPPLIES 12.
AND PROFESSIONAL
AND TECHNICAL
MATERIAL
(E) expediting the issue of all
documentation required for the entry of,
and performance of work by project
personnel including work permits or
certificates for eligible persons;
(F) Facilitating Australian personnel and
Australian institutions and
organisations in the repatriation of
their funds.
(A) In respect of project supplies and
professional and technical material
whether imported from outside of
procured within Indonesia under this
Memorandum the Government of Indonesia
will :
(I) in accordance with prevailing laws
and regulations, either exempt
from import duties and other
taxes, or pay/reimburse such
duties or taxes on all supplies
purchased by australia for eac h
project;
(II) facilitate movement of project
equipment and supplies by
providing appropriate customs and
wharfage facilities in the port of
entry and will be responsible for
the expeditious transport of such
equipment and supplies to the
site .
(B) Project supplies provided for a specific
activity under this Memorandum will b e
avai labl e only for the purposes of that
specific a ct ivity and will not be
withdrawn from that use without the
consent of both designated agencies .
LIABILITY 13.
(C) The Government of Indonesia will be
responsible for inspection fees and
storage charges and all other levies ,
duties, fees or charges on project
supplies purchased in or imported into
Indonesia.
(A) The Government of Indonesia will be
responsible for dealing with any claims
which may be brought by third parties
againts Australia and its experts,
agents or Australian personnel and will
hold harmless Australia and its experts,
agents and Australian personnel in case
of any claims or liabilities resulting
from operations under this Memorandum.
(B) The Gov ernment of Australia will be
responsible for dealing with any claims
which may be brought by third parties
against Indonesia and its experts,
agents or Indonesian personnel and will
hold harmless Indonesia and its experts,
agents and Indonesian p e rsonnel i n case
of any claims or liabilities resulting
from operations under this Memorandum .
The provisions of sub-paragraph 1 3 (A)
and (B) above will not relieve any
person from liability where it is
mutually d e cided by the two Government s
that liability results from any criminal,
grossly negligent or fraudulent act on
the part of that person.
SECURITY 14.
PUBLICATIONS 15.
16 .
The Government of Indonesia will arrange for any protection deemed necessary to ensure the safety of Australian personnel, project and personal equipment either at the project location , in transit in Indonesia or on any other official representational activity in
Indonesia. The Australian Government will take reasonable precautions to ensure that
Australian personnel have due regard for local traditions and customs.
(A) Results of activities under the Program of Collaborative Agricultural Research will be freely published and
disseminated.
(B) Although in most cases the results of cooperative programs will be published jointly by scientists working for ACIAR or the collaborating Indonesian
agencies, ･｡ｾｨ＠ party may publish the resuluts separately as so determined by mutual consultation in specific cases. Either party publishing any research findings will give credit to the other party's contributions but would at the same time be entirely responsible for the conclusions and interpretations reported.
(A) Recognising that i t will be desirable to use or exploit advances or discoveries which may be made in the course of the Program of Collaborative Agricultural Research for Development undertaken pursuant to this Memorandum of
Understanding , the two Governments agree that from the time of their creation all inte l ectua l property rigths including in commercially valuable know-how derived
valuable know-how derived or arising
solely from the performance of
activities constituting the Program of
Collaborative Agricultural Research
for Development whether in Australia
or Indonesia shall, in so far as they
are rights protected in Australia,
vest in the Australian participating
research institutions and in so far as
they are rights protected in
Indonesia, vest either in the
Indonesian collaborating institutions
or an authority designated by the
Government of Indonesia.
(B) Notwithstanding the provisions of
sub-paragraph 16 (A) above, in seeking to
agree on the apportionment of
intellectual proper t y rights and
commercially valuable know-how
referred to at sub-paragraph 16 (A) in
respect of third countries, and in the
event that a conflict arises
concerning the apportionment of rights
to derived intellectual property or
commercially valuable know-how, the
co-ordinating authorities will discuss
and jointly determine :
(I) the equitable alloca tion of
ownership of all intellectual
property arising directly or
indirectly from collaborative
activities pursued under t his
Memorandum of Understanding;
(II) the equitable licensing of such
intellectual property; and
( III ) where i t is within their power,
the equitab le licensin g of such
CONSULTATIONS 17.
other property as is necessary for the results of the collaborative activities.
(C) "Intellectual Property" will include the rights relating to :
(I) literary, artistic and scientific works, usually referred to as
copyright;
(II) inventions in all fields of human endeavour, usually referred to as patents;
(III) scientific discoveries;
(IV) industrial designs;
(V) trademark, service marks, and
commercial names and designations;
(VI) protection against unfair
competition; and all other rights resulting from intellectual
activity in industrial,
scientific, literary, or artistic fields including any rights in itellectual activity arising solely or partly by restraint of confidence.
The two Governments will consult upon the request of either Government regarding any matter relating to the terms of this
Memorandum and will endeavour in a spirit of cooperations and mutual trust to resolve all difficulties or misunderstanding which may arise.
DURATION 18.
AMENDMENTS 19.
(A) This Agreement will remain in force for
a period of five years from the agreed
date of commencement.
(B) If neither Government gives written
notice to the other at least six months
prior to the expriration of this period
of its desire to terminate this
Agreement i t will be automatically
extended for a period of one year and
shall thereafter be extended in the
same manner.
Amendments to this Memorandum may be made at
any time by an Exchange of Letters between
the two Governments.
SIGNED at Jakarta, in duplicate this Thursday of 6 April 1989.
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
Signed
H.E. DR. Sjarifudin Baharsjah
THE JUNIOR MINISTER FOR
AGRICULTURE
FOR THE GOVERNMENT OF
AUSTRALIA
Signed
H.E. MR . Philip Flood
THE AUSTRALIAN AMBASSADOR
TO INDONESIA
