MOU Legal Cooperation between Australia and Indonesia
MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ON LEGAL COOPERATION
Table of Contents
ARTICLE 1 Objectives
ARTICLE 2 Areas for Legal Cooperation
ARTICLE 3 Forms of Legal Cooperation
ARTICLE 4 Agencies with Responsibility
ARTICLE 5 Participating Institutions
ARTICLE 6 Funding
ARTICLE 7 Settlement of Differences
ARTICLE 8 Review and Amendment
ARTICLE 9 Commencement and Termination
The Government of Australia and the Government of the Republic of Indonesia, hereinafter referred to as the 'Parties';
Recalling the decision of Ministers at the 4th Australia-Indonesia Ministerial Forum at Bali, Indonesia in February 1999 to establish a Working Group on Legal Cooperation;
Recognising the Working Group as an important element in promoting and facilitating legal cooperation;
Seeking to realise the benefits of wider regional cooperation and involvement in relation to issues concerning their legal systems, laws and legal institutions;
Recognising the importance of legal cooperation for the strengthening of bilateral relations between both countries;
Desiring to continue taking practical steps to enhance each country's understanding of the other country's laws, legal systems and legal institutions, including approaches to legal education with a view to promoting mutual respect; and
Pursuant to the prevailing laws and regulations in their respective countries;
HAVE AGREED ON THE FOLLOWING UNDERSTANDING:
ARTICLE 1
Objectives
(1). The Parties will cooperate on issues pertinent to the development of their legal systems, laws and legal institutions in a manner which would mutually benefit both countries, with a view in particular to:
- developing a firm foundation for future relations between the two countries;
- furthering the development of trade and economic relations between the two countries; and
- promoting greater understanding of each other's laws, legal system and legal institutions.
ARTICLE 2
Areas for Legal Cooperation
(1). Noting the existence of other understandings between Australia and Indonesia, priority will be given to activities aimed at fostering cooperation in the development of legal systems, legal institutions and/or legal related skills pertinent to:
- the drafting and administration of laws and legal codes;
- the development of legal policy, including criminal justice policies;
- good governance;
- human rights;
- trade in goods and services;
- customs matters;
- investment;
- banking and finance;
- intellectual property rights;
- transport;
- commercial law, including contract drafting and negotiation;
- environment;
- immigration;
- treaty making;
- private and public international law; and
- dispute resolution.
(2). The Parties may at any time agree to extend the areas of legal cooperation covered by this Memorandum.
ARTICLE 3
Forms of Legal Cooperation
(1). Possible forms of legal cooperation include:
- the exchange of legal materials, concerning the laws, legal systems and legal institutions of each country, including legislation and related material;
- the exchange of visits between relevant personnel, including judges, academics, legal advisers, legislative drafters and legal practitioners;
- the establishment and strengthening of appropriate contacts and other forms of cooperation between relevant professional bodies, universities and legal training organisations, dispute resolution centres, private law firms and other relevant organisations;
- the development of collaborative education and training, joint research and development, technology transfer and joint ventures between appropriate authorities and institutions;
- joint planning and implementation of programs and projects;
- interaction through meetings, conferences, and symposia; and
- facilitation and fostering of cooperation between private sector members of the legal profession in both countries.
(2). The Parties may at any time agree to alter the possible forms of legal cooperation covered by this Memorandum.
ARTICLE 4
Agencies with Responsibility
(1). The agencies with responsibility for the operation of this Memorandum of Understanding will be:
- for the Government of the Republic of Indonesia: the Directorate General of Legal Administrative Affairs, Department of Justice and Human Rights, or its successors; and
- for the Government of Australia: the Attorney-General's Department, or its successors.
(2). The agencies will, in addition to co-chairing meetings of the Working Group on Legal Cooperation, provide joint Working Group reports on legal cooperation activities to meetings of the Australia-Indonesia Ministerial Forum.
ARTICLE 5
Participating Institutions
In addition to the agencies identified in Article 4, legal cooperation under this Memorandum of Understanding may include cooperation with, and between, other government agencies and non-government institutions.
ARTICLE 6
Funding
(1). The costs of cooperative activities will be funded as mutually determined by the agencies involved in those activities.
(2). All cooperative activities under this Memorandum will be subject to the availability of funds.
ARTICLE 7
Settlement of Differences
Differences arising out of the interpretation, operation and implementation of this Memorandum will be settled amicably through consultation or negotiation between the agencies identified in Article 4.
ARTICLE 8
Review and Amendment
(1). The operation and implementation of this Memorandum will be subject to periodic review at times arranged between the Parties.
(2). Any amendment agreed to by the Parties will be in writing and will form part of this memorandum and such amendment will come into effect on such a date as may be determined by the Parties.
ARTICLE 9
Commencement and Termination
(1). This Memorandum will come into effect on the date of its signing.
(2). This Memorandum may be terminated by either Party by giving written notice to the other Party and such termination will take effect six calendar months after the date of the written notice.
(3). The termination of this Memorandum will not prejudice the completion, in accordance with their terms, of any ongoing projects or activities under this Memorandum.
IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Memorandum of Understanding.
SIGNED in duplicate at Canberra on the day 25 October of two thousand in both English and Indonesian, both texts equally authentic.
Signed by:
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FOR THE GOVERNMENT OF |
FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA |
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DARYL WILLIAMS AM QC MP Attorney-General |
Prof. YUSRIL IHZA MAHENDRA Minister for Justice and Human Rights |