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1 I l

.'' I '

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF INDONESIA

AND

THE GOVERNMENT OF THE REPUBLIC OF ITALY

CONCERNING

PROJECT WOOD WASTE ENERGY DEVELOPMENT IN INDONESIA

The Government of the Republic of Indonesia and the

Government of the Republic of Italy;

Within the framework of the Agreement on Scientific and Tehnical Cooperation of November 24 1972;

Wishing to cooperate on the Project Wood Waste Energy Development in Indonesia;

HAVE AGREED AS FOLLOWS:

ARTICLE I

1. The Government of the Republic of Indonesia designates

the Directorate General of Forest Utilization,

Departement of Forestry, hereinafter referred to as

"DGFU", as the Agency responsible for the

implementation of its obligations under this

MEMORANDUM.

2. The Government of the Republic of Italy designates the

company S.E.S.-Sistemi Energia Sviluppo Spa . Italy,

hereinafter referred to as "SES", as the

Organization responsible for the implementation of its

(2)

ARTICLE I I

1. The two Governments shall cooperate in the Wood Waste

Energy Development Project in Indonesia, hereinafter referred to as •THE PROJECT".

2. The objectives of THE PROJECT are to identify wood

waste potential for possible application in energy

development PROGRAMMES in the islands of Java and

Surnatera, to demonstrate wood waste processing for

energy source through the implementation of pilot

plants and to prepare recommendations for further development PROGRAMMES.

3. The Project is planned to be implemented in a timespan

lasting about eighteen months, starting from the date

of issue of the approval documents both by the

Governments of Indonesia and Italy, and the date of

validity of the present MEMORANDUM OF UNDERSTANDING,

whichever comes later. A detailed description of the

Project is set forth in Annex I (Plan of Operational),

Annex II (Agreement between DGFU and SES) and Annex

III (Agreement between the Italian Dipartimento per

la Cooperazione allo Sviluppo del Ministero per gli

Affari Esteri and SES, which do not constitute an integral part of this MEMORANDUM).

ARTICLE I I I

The Government of the Republic of Italy in accordance

with the prevailing laws and regulations shall make the following contributions :

-availability of qualified Italian experts.

- supply of relevant equipment and instrumentation

(3)

- provide training and expenses

technicians.

in Italy, including overseas flight

living expenses for Indonesian

- bear the expenses of overseas and domestic air

travelling by the Italian experts.

- bear the cost of transportation and insurance of the

equipment and instrumentation up to their arrival

points in Indonesia.

- provide technical assistance to the implementation and

starting-up of the pilot plants.

ARTICLE IV

The Government of the Republic of Indonesia in accordance

with the prevailling laws and regulations, shall make the

following contributions :

- availability of qualified Indonesian experts.

- provide transportation within Indonesia for Italian and

Indonesian staff, as needed by the implementation of

the PROJECT .

- provide the timely examination and approval of the

various progress reports, and forward them to the

Italian Embassy in Jakarta.

provide technical and administrative services to SES

professional staff as needed by the implementation of

the PROJECT .

- provide office space and secretarial facilities for the

Italian staff, as needed by the implementation of the

PROJECT .

- provide unobstructed land and access road for the

implementation of the PROJECT .

- bear the operation and maintenance cost of equipment

and instrumentation and other necessary rraterials,

other than those provided by the Government of the

(4)

- bear the cost and take responsibility for the

Indonesian custom clearance, handling safe storing and

related security arrangements of the project equipment

supplied by the Italian side, from their delivery point

on the dockside in an Indonesian port.

- assure free admittance and visas to the Italian staff

as well as utilization of the project equipment and

materials in Indonesia.

- bear the cost of unloading, inland transportation,

installation and storage of the project equipments and

instruments, in the selected project sites.

ARTICLE V

The provisions of Article 5 of the Agreement of November 24, 1972 shall be applicable to the Italian experts

within the framework of this MEMORANDUM .

In any case, the Government of the Republic of Indonesia

will assure to the Italian experts working in Indonesia

for the execution of the Project the facilities and

privileges not less favourable than those granted to

experts from third countries working and operating in

technical cooperation programs.

ARTICLE VI

The Government of the Republic of Indonesia shall hold

the Italian experts working in Indonesia on the Project

subject to this MEMORANDUM harmless against any

liability in case of damages, caused by the Italian

experts in the course of their duties in Indonesia unless

such damage has arisen from wilful misconduct or criminal

(5)

ARTICLE VII

1. The provision of Article 9 of the Agreement of

November 24, 1972 shall be applicable to the

importation of the equipment and instruments supplied

by the Government of the Republic of Italy within the

scope of this MEMORANDUM.

2. All equipment and instrumentation shall become

property of the Government of the Republic of

Indonesia at the moment of their delivery on the

territory of the Republic of Indonesia, dockside at

the selected Indonesian port or ports.

ARTICLE VIII

The two Governments

organizations (DGFU

and

and

their

SES)

designated

shall ensure

implementing

that this

MEMORANDUM is carried out with

efficiency and each shall furnish

information that may be considered

implementation of THE PROJECT.

ARTICLE IX

due diligence

the other with

necessary for and

all

the

The Government of the Republic of Indonesia and the

Government of the Republic of Italy, if necessary, shall

review the scope and objectives of THE PROJECT and

discuss and solve possible problems that may occur during

the implementation of THE PROJECT.

ARTICLE X

l . This MEMORANDUM shall enter into force on the date

of signature and shall expire upon completion of THE

PROJECT or on any date mutually agreed upon by the

(6)

2. This MEMORANDUM is intended to set out the

Administrative responsibilities of the two Governments

in relation to the implementation of this PROJECT

within the framework of the above mentioned technical

cooperation agreement between the two countries.

3. This MEMORANDUM may be amended at any time with the

mutual consent of both Governments by an Exchange of Letters.

4. Any dispute arising out of the interpretation or

implementation of this MEMORANDUM shall be settled

amicably by consultation or negotiation between the two Governments.

In witness whereof, the undersigned, have signed this MEMORANDUM of UNDERSTANDING .

Signed in Jakarta on Jul y 2nd, 1986 in duplicate in the English Language.

FOR THE GOVERNMENT OF

THE REPUBLIC OF INDONESIA

Signed

SUMARSONO MARTOSOEDIGDO.

DIRECTOR GENERAL OF FOREST

UTI LIZATION.

FOR THE GOVERNMENT OF

THE REPUBLIC OF ITALY

Signed

GIORGIO VECCHI

AMBASSADOR OF ITALY

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