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MEMORANDUM OF UNDERSTANDING

BETWEEN

THE MINISTRY OF EDUCATION AND CULTURE

OF THE REPUBLIC OF INDONESIA

AND

·DEUTSCJ-!ER AKADEMISCHER AUSTAUSCHDIEN"='T

(THE GERMAN ACADEMIC EXCHANGE SERVICE)

CONCERNING

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE MINISTRY OF EDUCATION AND CULTURE

OF THE REPUBLIC OF INDONESIA

AND

DEUTSCHER AKADEMISCHER AUSTAUSCHDIENST

(THE GERMAN ACADEMIC EXCHANGE SERVICE)

CONCERNING

A COOPERATIVE PROGRAMME ON EDUCATION,

SCIENCE AND CULTURE

The Ministry of Education and Culture of the Republic of Indonesia (the Ministry) and the Deutsche ａｫ｡､ｾｭｩｳ｣ｨ･＠ Austauschdienst (DAAD), hereinafter referred to as the "Parties"

Ref erring to the Agreement between the Government

of

the Rep11blic of Indonesia and

the Government of the Federal Republic of Gennany on Cultural Cooperation signed on 23th Sep1_{ember 1988 and the Minutes}

of

ｴｨｾ＠ _{Second Meeting of the Joint Cultural}

Committee between the Repuulic 0f lnJonesia a11d th..: Federal Republic of Gennany helJ in Jakarta from 17th to i Yth November 1997.

Considering their common interest

in promoting

mutual cooperation

m

the

field

ol science, research and trnining.

Pt•rsuant to th0 prevailing laws and regulations in Indonesia, as well as the procedures and policy of the Government

of

the Republic of Indonesia concerning international technical cooperation

HA VE AGREED AS

POLLOWS:

ARTICLE

I'

OBJECTIVE

fh':! objective of the cooperation of the Ministry and DAAD as a non-profit making organization is to develop academic research and training which will be focused on the natural sciences, engineering and other fields of mutual interest.

ARTICLE II

SCOPE OF ACTIVITIES

The scope of activities of the cooperation shall include but not be limited to·

others related to education and further training in Indonesia and the Federal Republ ic of Germany,

b. provide support related to education and further training in arranging placements

for

university teachers and trainers

in

the partner country,

c promote the establishment of exchange programmes for university students and teachers, for the purpose of teaching, further studies and research focused on the highest level,

d. cultivate contacts between universities as well as research and simi lar institutions in both countries.

ARTICLE III PLAN OF OPERATION

A detailed description of the scope of activities shall be defined in a Plan of Operation which is set out in the Annex v:hich constitutes an integral part of this MOU. The Plan of Operation shall be drawn up a.'"!d agreed by the Ministry and DAAD and approved ｢ｾ＠ the Cabinet Secretariat of ihe Republic oflndonesia.

ARTICLE IV

DAAD CONTRIBUTION

DAAD shall, subject to ｰ･ｲｳｯｮｮｾｉ＠ c:ind budget limitations, and as may be mutually agreed upon:

1. Provide technical assistance for science and higher ·educational cooperation on either short- or longterm assignmeats to transfer skills. knowledge and ｴ･｣ｨｮｯｬｯｧｾ＠ on mutually agreed activities.

2. Provide postgraduate programmes and training awards for Indonesian and German students and lecturers, government personnel and others.

3. Assist Indonl.!sian and German institutions to organise workshops, scientific sernmars, meetings of ex DAAD scholarship holders and other instructional activities for upgrading the capabilities and skills of Indonesians.

4. Provide equipment and other material for the implementation of the cooperation.

salaries, benefits and transportation, as may be required for DAAD scientific actiYities under this

MOU.

6. Promote as far as possible the achievement of the goals set out in article II abo,·e by providing administrative support and make available withi_n the limits of the budget the necessary funds to achieve these goals.

ARTICLE V

CONTRIBUTJON OF THE MINISTRY OF EDUCATION AND CULTURE

The Ministry shall, subject to personnel and budgetary limitations:

Serve administrat:on for visas. work permits, exit and re-entry permits, ietters of introduction, letters of permission and ali other necessary permits based on Indonesian procedures for implementation of all activities.

2.

Assist the approved DAAD experts assigned in Indonesia under this

MOU

including their fami lies with formalities requested by the authorities of the Goverrunent of tJ·,e Republic of Indonesia for granting visas, exit and re-entry rennits, and work pen11its .

3.

Arrange the exemption from income tax of the approved

DAAD.

experts directly engaged in the cooperation under this

MOU .

4. Arrnnge the exemption of thi:. approved DAAD' experts from customs duties. import duties and sales tax on goods imposed by the government on taxable goods and services or import on taxable goods for the execution of cooperation established under thi3

MOU.

5. Arrange the exemption of the approved DAAD experts from the payment of customs duties and sall!s tax on goods in respect of bonafide personal effects and essential basic household equipment brought into the Republic of Indonesia for their own use or the use of their dependents.

ARTICLE VI

INTELLECTUAL PROPERTY RIGHT, RESULTS AND PUBLICATIONS

I . Any intellectual property right b:-ought

by

one of the Parties for the implementati on of

' ;\n: intdb:tli<tl prnpcrty right. data and information resulting from research acti\ 1lil:s conducted under this MOU shall he jointly O\\'ncd b; hoth Parties. and both P:1rtil!:-. shall he all owed to use such property for non-commercial purposes free of royalty . Should the intellectual property right. data and mformation resulted from the ac.:tiYitic-. u11<Jcr this MOU be used for comrnercial purposl!s by one Party, the other Part: shall be en!itlcd to the royalties obtained from the exploitation of such property on the ha:-;is of the principle of equitable contribution. ln such a case, the object of the research acti\·itics condllcted under this MOU shall ｣ｯｮｾｴｩｴｵｴ｣＠ a part of cont;·ibution ol the Part:;. l"rom "hich the object dcri\'CS.

·1 he va lue of ｴｨｾ＠ object as !Xtrt of' contri bution \\ill be rneasurcJ by taking. into acc,,u111 the following facrors:

a. the scdrcily uf the object (the r::irer the object is, the higher its \alue ''di be):

b the comrn1;rci.al value ol the result of the research (the higher its commercial ,·al ut:

is. the higher its \\Orth as pa11 of the contribution will be).

3. Ir ｾＱｴｨ｣［＠ Party wishes to disclose confidential data and/or information resulted from activities under this MOU to any third party, the disclosing Party must ohtain prior consent from the other Party before any disclosure can be ir1ade.

4. Whenever either Party requires ｴｨｾ＠ cooperation of another party outside Indonesia and (lcrniany for any commercial undertaking resulted from intellectual property CO\ cred by thi<; MOU, this

Pnrty

will give first preference of the cooperation to the other Pan: under this lvh)U. which will be waived, if the other Party is unable to ｰ｡ｲｴｩ｣ｩｰ｡ｴｾ＠ ｩｮ ｾ Ｚ＠

mutuaity beneficial manner.

5 T l:rmination of this MOU shall not affect the rights and1_{or obligatioas unJcr ih i>}

art.iclc during 5 (rive) year:; after such termination.

ARTI CLE VII

LIMITATION OF ACTIVITIES OF DAAD ｐｅｒｓｏｎｎｬ ｾ ｌ＠

ARTICLE \' Ill

ｓ ｅｔ ｔ ｌｬ ｾ ｍｅｎｔ＠ OF DI FFERENCl':S

.\Jl\ . diflcn;ncc:-. arisi11!..! ｾ＠ out of lhe !nll:rprctation or ｩｭｰｫｭｾｮｴ｡ｴｩｯｮ＠ ol this Memor:indu111 .i; I rhkr:-.tnnding shall be settled amicahl)' through ccmsultation or negotiation h l.!i \\ CCll

the P

.tn

ics.

A RTI C LE IX

AMEl\DJ\1El\'T, EXTENTION AN D TERM J:'\A T I O\'

I . I hrs '.Vlemor;lndum 01· l ·ndcrstnn.ding may be amended by mutual con-.;cnt i1; ' '

ri1;11k-hc1" t.>en the Parties.

"' ! his rv10l.J sba ll bc dfcctive from th1: date of thi s sig ning and be va lid !O r a period u1 ·

Ii' c 15) years f1om that date and shd l be automaticall y renewed on cm ;urnual ha-;i" thcn;afler unless terminated or replaced \.vith 2 n..:w I\10U.

'). I his MOU may be terminated by c ithe r party b::r \.\1riltc n notice given at least

r,

! ｾ［ｩｸＩ＠

mon ths m

advance.

ln

case tile

MOU

ceases to have effect on account \)!' the termination thereof. the provi sion of the Pi an of Opc:·ation shall contiuuc to ｡ｰｮｬｾ＠ in

lht.· ｮ｣｣･ｳｾ｡ｲｹ＠ extent in order to secure the complctio11 of ongoing pr1)jc.::ts :b Lt!.,!rccd upon in lhe Plan \if Operation. b:isc<l on Article ill.

ll\: \\ !TNESS ｗｦｬｆｒ ｬ ｾ ｏｆＬ＠ the authcrised repres<.'ntat!\'es, whose ｮ｡ｭｾｳ＠ me shn\\ 11 i 1.::: bdo\\. h<!\'e signed this i\10U.

ｾｩｧ ｲ ｾ･､＠ in .'.aknn:i. on :vtarcb 15. 1999 in two originals in English ｬ｡ Ｑ ＱＡＡＭｵ｡ｧｾＮ＠ hnt:1 f<'\1..,

hc in;;! l'(_1ualiy authent ic.

I ｬＩｉｾ＠ ｜ Ｑ Ｑ ＱＺＭｾ ｲ ｳﾷＡﾷｒ＠ )'OJ· LDU\A ｔｉｏＺＭｾ＠

t\ 1\1 D Cl' LTL:- R F OJ· ·1111-: ｒｬ ｾ ｐｬ＠ : BI JI( OF JNOON l::S IA

Signed

Ｂｩ ｏｆｬ ａ ｩ ｾ＠ EFFEN DI (Scc r chu·y G en eral)

FOR DEUTSCHER AK

｜ｄｬＧｾ＠ lfSC l fr I'

AUST /\USC HDIENS

r

Signed

DOROTII l;:A R OL AND