A MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT
OF THE REPUBLIC OF INDONESIA AND THE
ｇｏｖｅｒｎｾｦｦｩｎｔ＠OF NEW ZEALAND CONCERNING A PROJECT TO REVIEW THE
PRESEN'l' INDONESIAN SEISMIC DESIGN CODES AND PROCEDURES
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I•A MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT
OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT
OF NEW ZEALAND CONCERNING A PROJECT TO REVIEW THE
PRESENT INDONESIAN SEISMIC DESIGN CODES AND PROCEDURES
1.
This Memorandum of Understanding sets forth the
under-standing of the Government of the Republic of Indonesia and
the Government of New Zealand concerning their respective
contributions to, and responsibilities in a project to review
the Indonesian seismic design codes and procedures (herein
-after referred to as "the Project") .
2.
The Government of the Republic of Indonesia, realising
the increasing trends in scope, as well as in complexity, in
the building of civil engineering structures in Indonesia,
considers there is a pressing need to update and enhance
the present Indonesian seismic design codes and procedures.
To this end, the Indonesian Government has sought technical
assistance through the Government of New Zealand.
Responsibilities for Execution
3.
The execution of the responsibilities of the two
Governments with respect to the Project will be guided, on
technical matters, by Steering Committeesof both countries
composed of engineers and scientists with relevant expertise
in seismology and seismic design. (The composition of the
Indonesian Steering Committee is contained in Annex A tc
this Memorandum and the composition of the New Zealand
Steering Committee is contained in Annex B to this Memorandum) .
On the part of the Government of New Zealand the execution
will be under the delegated control of Beca, Carter, Hollings
and Ferner Limited (hereinfafter referred to as the
"New Zealand Executing Agency"), and on the part of the
Government of Indonesia, under the delegated control of the
Ministry of Public Works (hereinafter referred to as the
"Indonesian Executing Agency").
4 .
The proposed projec t will be spread over five financial
years, 1976/1977 to 1980/81. The Government of New Zealand is
prepared to make available for the Project NZ$333,000 which is to be regarded as a maximum sum and is, in any event, subject to annual appropriations of the Parliament of New Zealand . The Government of Indonesia assumes the
responsibility to provide counterpart funds commensurate to the amount necessary in the execution of the Project, subject to annual budget appropriations .
5 . It is understood that as set out in this Memorandum
the Government of New Zealand will provide under its Bilateral Assistance Programme New Zealand personnel to
undertake, in cooperation with Indonesian personnel, the work involved in the Project . The Indonesian Government will be responsible for the assignment of the Indonesian personnel .
Outline of Project
6 . The Project is planned to proceed in three stages as
follows:
(a) Stage I
(i) The Executing Agencies, with the assistance
of a geologist from the New Zealand Department of Scientific and Industrial Research, and in close cooperation with the Indonesian Steering Committee, will collect and process all data which is relevant to the seismic zoning of
Indonesia and to the review of the present Indonesian seismic design codes and procedures . The data to be collected, a fuller description of which is provided in Annex C to this Memorandum will include both geological and seismological mat e rial.
(ii) The Executing Agencies will evaluate all the
information and data so collected, the results of which will be used as a basis for the
preparation of an improved seismic zoning map of
Indonesia . A copy of this report will be
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referred to the Government of New Zealand and t o the Government of Indonesia for their consideration before a joint decision is taken to proceed with Stage II .
(b) Stage II
After consideration by the Government of New Zealand and the Government of Indonesia, the New Zealand Executing Agency in cooperation with the Indonesian Steering Committee
wil l prepare detailed seismic zoning recommendations from the data assembled in Stage I .
(c) Stage III
The New Zealand Executing Agency will prepare draft seismic provisions for a code of General Structural design
and Design Loadings for Indonesia, in cooperation with the Indonesian Executing Agency .
7 . In the collection, processing, and evaluation of data
in Stages I to III of the Project the New Zealand Executing
Agency may consult agencies of the New Zealand Department of Scientific and Industrial Research, including the
New Zealand Geological Survey, and the New Zealand Seismological Observatory .
Project Responsibilities
8. The Government of New Zealand recognises that one of
the primary objectives of the Project should be the tran sfer of technology and to this end it is unde r stood that the
Government of New Zealand will :
(a) arrange for three suitably qualified Indonesian
engineers or scientists to spend from one to two years in New Zealand for the purpose of receiving appropriate academic training and practical
experience in the field of earthquake engineering or e n gineering seismology . In the basic interests of achieving this objective, it would be the
9.
Indonesian personnel trained under the project should remain in the field of earthquake
engineering or engineering seismology;
(b) arrange the participation of two or three
members of the Indonesian Steering Committee to evaluate the reporting process by the New Zealand Executing Agency in New Zealand.
(a) It is understood that the Government of the
Republic of Indonesia will provide appropriate counterpart assistance to the New Zealand Executing Agency, specifically for the purpose of assisting the Executing Agency:
(i) to obtain information on the location,
period and dates of operation of Indonesian seismograph stations;
(ii) to make a brief assessment of local seismicity
from the record of these stations;
(iii) to obtain lists of earthquakes which have been compiled in Indonesia;
(iv) to obtain any Indonesian publications on
Indonesian seismicity, tectonics, fault plane studies, and seismic zoning which may assist the New Zealand Executing Agency to prepare seismic zoning recommendations.
(b) To this end, it is understood that the Government o
Indonesia will:
(i) take good care in naming the members
of the Indonesian Steering Committee as well as of the Indonesian Executing Agency;
(ii) see that the Indonesian Steering Committee
and the Indonesian Executing Agency provide detailed technical assistance in the fields of seismology, structural geology, and provide information on the present Indonesian seismic design codes and procedures;
(iii) see that the Indonesian Steering Committee
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and the Indonesian Executing Agency make themselves available for consultation by members of the
New Zealand Executing Agency on other technical and administrative matters .
10 . (a) Recent discussions between representatives of
our two governments have concluded that it would be desirable to include a programme of testing of masonry wall panels within the scope of Stage III of the project . To this end, it is understood that the Government of the Republic of Indonesia will:
(i) make sufficient provision to complete the
programme of testing at the materials testing laboratory of the Building Research Institute in Bandung. The length of time involved will depend on the priority assigned to the research
by the laboratory and to some extent on the testing results;
(ii) cover the costs of materials and labour
involved in the construction of the test panels;
(iii) provide the testing frame, jacks, dial gauges, and ancillary equipment for the programme .
(b) Further, it is understood that the Government of
New Zealand will:
(i) commission the New Zealand Executing Agency
to complete the design of the testing frame and test panels and to provide technical advice and supervision during the period in which the test frame and the first panels are being constructed by the Indonesian Executing Agency, on an
intermittent basis, through their engineer resident in Jakarta;
(ii) through the New Zealand Executing Agency,
The assignment of this engineer will be arranged once the test frame and the first panels have been constructed by the Indonesian Executing Agency;
(iii) commission the New Zealand Executing Agency to undertake, in collaboration with
the Indonesian Executing Agency, the processing and evaluation of the data resulting from the masonry panel testing .
(c) In addition, the Government of New Zealand will, to
facilitate the transfer of seismic engineering and engineering seismology to Indonesian engineers and scientists arrange to second a new Zealand Ministry of Works and Development engineer to the Directorate of Building Research at Bandung for a
period of up to twelve months .
Special Responsibilities
11. It is understood that the Government of the Republic
of Indonesia will meet all internal land travel expenses incurred by members of the New Zealand Executing Agency and other New Zealand personnel in Indonesia in connection with the project while travelling within Indonesia on
agreed official business and will provide the New Zealand Executing Agency with interpreters and assistance with the translation of any relevant documentation .
12. The Government of the Republic of Indonesia's
responsibility with respect to the project will be under
the overall control of the Ministry of Public Works and that of the Government of New Zealand under the overall control of the New Zealand Ministry of Foreign Affairs .
Privileges, Exemptions and Immunities
13. (a) The Government of the Republic of Indonesia in
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this Memorandum referred to as "the New Zealand advisers"):
(i) from income tax and any other tax levied by
the Government of the Republic of Indonesia in
respect of project salaries, allowances, and payments and emoluments associated with the Project;
(ii) from ｾｰｯｲｴＬ＠ customs and other duties and
taxes on all professional and technical equipment and spare parts including books and manuals required for the successful implementation of the Project;
(iii) from payment of customs and all other duties
on motor vehicles imported into Indonesia for the benefit of the Project .
(b) I n addition, the Government of the Republic of
Indonesia will:
(i) permit those New Zealand advisers and their
dependants, who are assigned for at least six months, to import within six months after their
arrival , free of duty and taxation and without providing security, articles intended for their personal use, subject to re-exportation of such articles after the completion of their
assignment. Such articles may include for each household, one refrigerator, one deep -freeze, one washing-machine, one cooker, one radio set, one record-player, one tape-recorder, small electrical appliances, three air
conditioners , two water-heaters, one still camera, one movie camera and one projector;
(ii) permit the New Zealand advisers to import,
upon the issue of a special permit one video set and one television set for each household;
(iii) permit the New Zealand advisers to purchase duty and tax - free and without providing security one motor vehicle for their personal use;
(iv) permit the New Zealand advisers and
medicaments, foodstuffs, beverages and other
expendable goods provided that, with the exception
of medicaments, these items shall be subject to
maximum values as determined by Indonesian
regulations;
(v)
issue to the New Zealand advisers and
dependants free of charge and without requiring
security, the necessary visas as well as work and
residence permits .
14.
The Government of the Republic of Indonesia will
waive all sales tax on project goods purchased by the
Government of New Zealand in Indonesia.
15 .
It is understood that the items referred to in
paragraphs 13 and 14 may be re-exported freely without
customs or any other duty, tax or charge, or may be disposed
of within Indonesia to a person who enjoys similar exemption .
If, however, any items which have been exempted from customs
duties are subsequently sold or disposed
of,other than as
a gift, to any person not similarly entitled to customs
franchise privileges, duty shall be paid on the items so
disposed of, according to the condition and value of the
goods at the time of disposal .
16.
The Government of the Republic of Indonesia will:
(a)
waive all claims against the Government of
New Zealand, its Executing Agency and the
New Zealand advisers arising from the acts or
omission of such advisers while performing
their duties;
(b)
idemnify the Government of New Zealand, its
Executing Agency and its advisers and hold them
jointly and severally immune from legal process
with respect to:
(i)
injury or death of any person arising from
the project work;
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New Zealand advisers' performance of their duties;
(iii) property damage attributable to the
performance of their duties; and
(iv) any other losses resulting from the acts or
omissions of New Zealand advisers while performing their duties.
This provision will not relieve the Executing Agency or the New Zealand advisers from liabilityfor criminal, grossly negligent or fraudulent acts provided that the Government of New Zealand shall be given full opportunity to consult with the Indonesian authorities at the earliest possible time after any such act is allegedly committed.
17. New Zealand advisers together with their dependants
will, while in Indonesia:
(a) be immune from national service obligations
or any other military obligations;
(b) have the privilege of bringing foreign
currency into Indonesia and of remitting those amounts to New Zealand together -with such amounts as may be earned in Indonesia pursuant to their assignment;
(c) be given full protection of both person
and property and the same repatriation facilities in time of national or international crisis as are provided for other non - Indonesian nationals serving in Indonesia under similar terms.
18. Without prejudice to the foregoing provisions, the
Gove rnment of the Republic of Indonesia will accord the
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New Zealand advisers and their dependants no lesser benefits, facilities, privileges, exemptions and immunities than those accorded to other non-Indonesian nationals working in
Indonesia under the Colombo Plan or under any bilateral
scheme for technical cooperation, it being understood between the two parties that the provisions of this Memorandum shall not be diminished by any other bilateral technical cooperation agreement which may be or may have been entered into by the
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Government of the Republic of Indonesia
19.
The provisions of this Memorandum of Understanding may
be amended by the consent expressed in writing of both
parties . The undersigned being duly authorised by t heir
respective r,overnments, have signed the present Memorandum
of Understanding .
Done at Jakarta
this
Signed
For the Government of
the Republic of I ndonesia
day of April, 3 - 1980 .
Signed
For the
ｇｯｶ･ｲｮｭ･ｾ＠oJ
ANNEX
A
COMPOSITION OF THE INDONESIAN STEERING COMMITTEE
The Steering Committee will be composed of the following
members:
three members from the Directorate of Building Research
under the Directorate General of Housing, Building, Planning
and Urban Development of the Ministry of Public Works. One
of these shall be Chairman;
one member is the Director of the Meteorological and
Geophysical Institute which is part of the Department
of Communications, Ministry of Communications;
one member is the Director of the National Institute
of Geology and Mining under the Indonesian Institute
of Sciences, Ministry of Research;
one member is the Director of the Geological Survey
of Indonesia, Directorate General of Mining, Ministry
of Mining and Energy;
two members from the teaching staff of the Bandung
Institute of Technology;
ANNEX B
COMPOSITION OF THE NEW ZEALAND STEERING COMMITTEE
The Steering Committee will be composed of the following
members:
two members appointed by the Commissioner of Works,
Ministry of Works and Development, one of whom
shall be Chairman;
one member appointed by the Director, Geophysics
Division, Department of Scientific and Industrial
Research;
one member appointed by the Director of the
New Zealand Geological Survey, Department of
Scientific and Industrial Research;
one member appointed by the Director of the Physics
and Engineering Laboratory of tbe Department of
Scientific and Industrial Research;
one consulting engineer, to be appointed by the
Minister of Foreign Affairs;
