MEMORANDUM OF UNDERSTANDING BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF THE REPUBLIC OF YEMEN ON
AGRICULTURAL COOPERATION
The Government of the Republic of Indonesia and the Government of the Republic of Yemen, hereinafter referred to as the "Parties";
DESIRING to enhance the existing friendly relations between the two countries through development of cooperation in the field of the agriculture;
RECOGNIZING the advantages to be derived by their respective people from the implementation of such cooperation ;
PURSUANT TO the preva iling laws and regulations in their respective countries; HAVE AGREED as follows :
Article 1 OBJECTIVE
The objective of the Memorandum of Understanding is to encourage the development of agriculture through technical cooperation.
Article 2
FIELDS AND FORMS OF COOPERATION
The cooperation between the Parties under this Memorandum of Understanding shall be in the fields of agriculture, food crops, horticulture, estate crops, livestock, agribusiness, agro-industry, and such other fields as may be agreed upon by both Parties which should be further developed with emphasis on private sector involvement, in the following forms:
a. Exchange of scientific/technical information and documentation; b. Exchange of scientist and specialist;
c. Transfer of technology including train ing, seminars, and workshop;
d. Promotion of joint venture in processing and marketing of agricultural commodities between private of both countries;
Article 3 JOINT COMMITTEE
a. The Parties agree to establish a Joint Committee which consist representatives of the Parties.
b. The Joint Committee shall be responsible for the following:
1) Monitor and review the pro,gress of the implementation of this Memorandum of Understanding;
2) Discuss issue that might arise from the application of this Memorandum of Understanding;
3) Make the necessary recommendations for the achievement of objectives under this Memorandum of Understanding.
c. The Joint Committee shall meet at least 1 (one) annually, alternately in Indonesia and Yemen.
Article 4 IMPLEMENTATION
a. The implementation of the activities set forth in Article 2 of this Memorandum of Understanding shall be subject to the prevailing laws and regulations and procedures in each country and be carried out by the following means:
1) Establishing mutual relations between designated agencies and department of both countries including the private sector;
2) Extending facilities for exchange of experts and technicians;
3) Arranging fellowships for experts, technicians, and staffs for training, study and research; and
4) Other means as regarded necessary by both countries.
b. Activities described in this Memorandum of Understanding may be implemented through the development of specific arrangement between the two Parties.
Article 5
INTELLECTUAL PROPERTY RIGHTS
a. The Parties agree that any intellectual property arising under the implementation of this Memorandum of Understanding will be jointly owned and;
1) Each Party shall be allowed to use such intellectual property for the purpose of maintaining, adapting and improving the relevant property;
2) In the event the intellectual property right is used by the Party and/or institution on behalf of the Party for commercial purposes, the other Party shall be entitled to obtain equitable portion for royalty;
3) Each Party shall be liable for any claim made by any third party on the ownership and legality of the use of the intellectual property rights which is brought in by the aforementioned Party for the implementation of the cooperation activities under this Memorandum of Understanding.
b. The Parties shall indemnify each other that the intellectual property right brought by the Party into the territory of the other party for the implementation of any project arrangement or activities is not resulted from any infringement of the third party's legitimates rights;
c. If either Party wishes to disclose confidential data and/or information resulted from the cooperation activities under this Memorandum of Understanding to any third Party, the disclosing Party must obtain prior consent from the other Party before any disclosing can be made.
d. Whenever either Party requires the cooperation of another party outside Indonesia and Yemen for any commercial undertaking resulted from intellectual property covered by this Memorandum of Understanding, this Party will give first preference of the cooperation to the other Party under this Memorandum of Understanding, which will be waived, if the other Party is unable to participate in a mutually beneficial manner.
Article 6
SETTLEMENT OF DISPUTES
Any disputes or differences arising out of the interpretation or implementation of this Memorandum of Understanding shall be settled amicably through consultation or negotiation between the Parties.
Article 7 AMENDMENT
Article 8
ENTRY INTO FORCE, DURATION AND TERMINATION
a. This Memorandum of Understanding shall come into force on the date of its signing.
b. This memorandum of Understanding shall be valid for a period of 5 (five) years, thereafter it shall be automatically extended for further periods of 2 (two) years each, unless either Party gives written notification to the other Party of its intention to terminate this Memorandum of Understanding at least 6 (six) months before its expiration.
c. The termination of this Memorandum of Understanding shall not affect the completion of the programs of the cooperation concluded under this Memorandum of Understanding.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments has signed this Memorandum of Understanding.
DONE IN duplicate at Yogyakarta on this 101h day of August in the year two
thousand and five in the English language.
FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
Sig ne d
HASANUDDIN IBRAHIM Secretary General Ministry of Agriculture
FOR ｔｈｾｏｖｅｒｎｍｅｎｔ＠ OF
ｔｈｾｕｂｌｉｃ＠ OF YEMEN.
Sig ned
.MfsRAM S ARAF
Depu inister for International Cooperation
