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Cablegate: Health Cooperation - Goi Proposes

VZCZCXRO0378
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1408/01 2370949
ZNR UUUUU ZZH
O 250949Z AUG 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3157
RUEHPH/CDC ATLANTA GA
INFO RUEAUSA/DEPT OF HHS WASHINGTON DC
RUEHRC/USDA FAS WASHDC
RHEHNSC/NSC WASHDC
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS COLL
RHHMUNA/HQ USPACOM HONOLULU HI
RHHMUNA/CDR USPACOM HONOLULU HI
RUEHGV/USMISSION GENEVA 7931

UNCLAS SECTION 01 OF 05 JAKARTA 001408

SENSITIVE
SIPDIS

DEPT FOR EAP/MTS, OES/AIAG; DEPT PASS TO USAID
USAID FOR OGAC, ANE/CLEMENTS AND GH/CARROLL
DEPT ALSO PASS TO HHS/ABHAT/MSTLOUIS AND HHS/NIH
GENEVA FOR WHO/HOHMAN

E.O. 12958: N/A
TAGS: TBIO PGOV AMED KFLU MASS ID
SUBJECT: Health Cooperation - GOI Proposes
Revised Health Cooperation MOU

REF: A) Jakarta 1167
B) Embassy Jakarta-EAP/MTS emails August 20 and
previous

1. (U) This message is Sensitive but Unclassified;
please handle accordingly. Please see action request
in paragraph 7.

2. (SBU) SUMMARY: The Indonesian government has
proposed a health cooperation memorandum of
understanding to be released during the President's
proposed trip to Indonesia. This document would be
one in a series that would lead to the establishment
of a joint center for health research, to succeed the
Naval Medical Research Unit, and an overall
strengthening of our health cooperation as part of
the U.S.-Indonesia Comprehensive Partnership.
Mission believes that the MOU could be a positive
step in deepening our health cooperation. However,
the GOI draft requires substantial revision in order
to reflect the full spectrum of our health-related
activities and to remove passages that raise
potential legal or policy problems. END SUMMARY.

BROADER FRAMEWORK FOR HEALTH COOPERATION

3. (SBU) Ministry of Health (MOH) officials have put
forward a revised Health Cooperation Memorandum of
Understanding (MOU) during our ongoing discussions of
transforming the U.S. Navy Medical Research Unit
(NAMRU) into the joint Indonesia-United States Center
for Biomedical and Public Health Research (IUC). The
text of the MOU, which MOH officials provided on
August 24, is in paragraph 8. This text replaces a
previous draft that the MOH submitted but
subsequently withdrew (see Ref A).

4. (SBU) Indonesian officials have underscored their
interest in deepening health cooperation with the
United States as part of our developing Comprehensive
Partnership. They noted the MOU on U.S.-Russia
health cooperation released during the President's
recent visit to Moscow and proposed that we develop
something similar. This text is the GOI's effort
toward that goal.

WHERE THIS FITS

5. (SBU) This document would be one of four that the
MOH envisions leading to the establishment of the IUC
and the full normalization of our health cooperation.
These are:

--A) Joint Statement on expanded health cooperation
to be released when Minister Supari meets HHS
Secretary Sebelius in Washington in September;

--B) Announcement of the establishment of the IUC to
be released in Jakarta in early October;

--C) MOU on Health Cooperation to be released during
the President's proposed November visit to Indonesia
(the draft in paragraph 8); and,

--D) Agreement covering operation of the IUC,
including the status of personnel, governance
mechanisms, and related matters to be completed by
the end of 2009.

Of these, Mission envisions that only item D would be
a legally binding agreement. The others would be
non-binding political declarations. We have already
engaged the MOH on item A, using the HHS-drafted text
previously submitted, and are close to agreement (see
Ref B).

OUR VIEW


JAKARTA 00001408 002 OF 005


6. (SBU) Mission believes that the GOI draft MOU
represents a good start but will require substantial
revision. We recommend that the text be redrafted to
reflect the full spectrum of U.S-Indonesia health
cooperation, including the efforts of all USG
agencies engaged in this sector. For example, such
text could encompass the USG PEPFAR Partnership
Framework for Indonesia which is to be negotiated in
FY10. The text should exclude any language that
raises potential policy or legal complications, such
as the sections on intellectual property rights or a
material transfer agreement.

NEXT STEPS

7. (SBU) ACTION REQUEST: Ministry of Health
officials have told us that they hope to discuss the
draft MOU with USG counterparts during Minister
Supari's planned September 14-15 visit to Washington.
Mission requests that Washington agencies be prepared
to offer a substantive USG response to the draft MOU,
ideally before but no later than, during that visit.
END ACTION REQUEST

8. (U) MOH supplied text of the MOU follows. Note:
The MOH has struck text from their original draft in
the revised version they provided to us. This text
is indicated in brackets below.

BEGIN TEXT OF MOU

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MINISTRY OF HEALTH OF THE REPUBLIC INDONESIA
AND
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
OF THE UNITED STATES OF AMERICA
ON
HEALTH COOPERATION

The Ministry of Health of the Republic of Indonesia
and the Department of Health and Human Services of
the United States of America hereinafter referred to
as "Parties";

RECOGNIZING the reciprocal benefits to be derived by
both Parties from close cooperation in the fields of
mutual interest;

DESIRING to promote further the close and friendly
relations existing between the Parties;

REFERRING to the Agreement between the Government of
the Republic of Indonesia and The Government of the
United States of America;

PURSUANT to the prevailing laws and regulations in
their respective countries;

HAVE REACHED AN UNDERSTANDING AS FOLLOWS:

ARTICLE I
OBJECTIVE

The Objective of this Memorandum of Understanding is
to combine efforts of both states of mutual interest
in health cooperation.


ARTICLE II
AREAS OF COOPERATION

The Parties shall facilitate development of
cooperation in the following areas:
1. Joint Health Research and Development (tropical
infectious diseases);
2. Organization and Management of Health Services
(Patient Safety, Joint Accreditation for World Class

JAKARTA 00001408 003 OF 005


Hospital);
3. Medical Care on Coronary Heart Disease, Genetic
Engineering and Health Technology Assessment;
4. Public health (exchange of experts of Public
Health [Care] and Occupational Health);
5. Sharing experience and transfer of knowledge in
new emerging infectious diseases (Avian Influenza,
H1N1);
6. Re-emerging infectious diseases (TB and MDR-
TB,HIV, Malaria) [co-infection (multi drug
resistant/MDR)];
7. Collaboration on other infections disease
[eradication on communicable] (measles) [malaria);]
8. [Development of Vaccine production]; Vaccine
Research and Development
9. Human Resources Development and transfer of
knowledge;

ARTICLE III
PRINCIPLES OF COOPERATION

This Memorandum of Understanding will be based on
equity, Mutual respect and benefit, Transparency,
Build on what is working well, Use all appropriate
capability, Incremental implementation, Patience,
Accountability, Uphold governance.

ARTICLE IV
FORMS OF COOPERATION

1. Joint activity in the framework of this MoU can
be conducted in the following forms:
a. Exchange of information;
b. Exchange of experts and delegates;
c. Participation of experts in congresses and
scientific conferences held by one of the Parties;
d. Joint scientific research and development;
e. Transfer of knowledge/technology;

2. All forms of cooperation in the framework of
this MoU shall be implemented in accordance with the
national regulation of the Parties.

3. All United States Government personel
participating in cooperative activities under this
MoU will be members of the official U.S. Mission. As
such, they will be accorded Administrative and
Technical status by the Indonesian Ministry of
Foreign Affairs.

ARTICLE V
INTELLECTUAL PROPERTY RIGHTS

1. The Parties agree that any intellectual property
claims made under the implementation of this
Memorandum of Understanding whether in Indonesia or
abroad, shall made only with the expressed written
consent of the Government of Indonesia and :
a. In the event the relevant intellectual property
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 benefit portion
of royalty;
b. Each Party shall be liable for any claim made by
any third party on the ownership and legality of the
use of intellectual property rights which is brought
in by the aforementioned Party for the implementation
of the cooperation;

2. The Party shall indemnify each other that
intellectual property rights brought by the Party
into the territory of the other Party for the
implementation of any project arrangement of
activities is not resulted from any infringement of
the third Party's legitimate rights;

3. If either of the Party wishes to disclose
confidential data and/or information resulted from

JAKARTA 00001408 004 OF 005


the cooperation activities under this Memorandum of
Understanding to any third party, the disclosing
Party must obtain prior consent from other Party
before any disclosure can be made;

4. Whenever either Party requires the cooperation
of another Party instead the Ministry of Health of
the Republic of Indonesia and The United State
Department of Health and Human Services 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 other
Party is unable to participate in a mutually
beneficial manner;

ARTICLE VI
MATERIAL TRANSFER AGREEMENT

1. All research activities using biological
materials originating from Indonesia shall to the
fullest extent possible be done in Indonesia;
2. Any activities that involve transfer of specimen
undertaken within this MoU shall be accordance with
The Ministry of Health of the Republic of Indonesia
Decree on Material Transfer Agreement.

ARTICLE VII
EXECUTING AGENCY

In order to create suitable follow up mechanism for
implementing above-mentioned activities and obtain
fruitful result from them, it was agreed that each
party shall designate executing who will have
continuous contact with each other

The Parties shall agree to designate the executing
agency as follows:
1. For Ministry of Health of the Republic Indonesia
is Secretary General;
2. For the United State Department of Health and
Human Services is ...

ARTICLE VIII
IMPLEMENTATION

1. For the purpose of implementation of this MoU,
the Parties shall set up a Working Group which taking
into account the relative national regulation of the
Parties shall:
a. Define forms, methods, and terms of cooperation;
b. Asses and analyze the results of the cooperation

2. The Working Group shall consist of
representatives of the Parties and representatives of
other organizations under the guidance of the Parties
and shall periodically hold joint meeting alternately
held in the United of America and in the Republic of
Indonesia.

3. The Parties shall facilitate the establishment
of direct contacts between the Indonesian and the
United of America appointed institutions.

ARTICLE IX
LIMITATION OF PERSONNEL ACTIVITIES

All personnel engaged under this Memorandum of
Understanding will observe, respect and comply with
the laws and regulations of the Republic of Indonesia
and will avoid conducting any activity inconsistent
with the purposes and objectives of this Memorandum
of Understanding.

ARTICLE X
ALLOCATION OF RESOURCES


JAKARTA 00001408 005 OF 005


Cooperation in the framework of this MoU shall be
financed on the basis of the agreements reached by
the Working Group with use financial supplies
available for the Parties or, when necessary of
organizations and institutes participating in the
cooperation.

ARTICLE XI
SETTLEMENT OF DISPUTE

Any dispute arising out of the implementation of this
MoU shall be settled amicably through consultations
and negotiations between the Parties.

ARTICLE XII
AMENDMENT

The Parties may review or amend any part of this
Memorandum of Understanding by mutual consent in
writing and such amendment shall come into force on
such date as determined by the Parties and shall form
an integral part of this Memorandum of Understanding.

ARTICLE XIII
ENTRY INTO FORCE, DURATION AND TERMINATION

1. This Memorandum of Understanding will come into
effect upon the date of its signing;
2. This Memorandum of Understanding shall be in
force for a period of 3 (three) years, and can be
prolonged for another 2 (two) years, unless either
Party terminates it by giving written notification
through diplomatic channels at least 3 (three) months
prior this expiration;
3. This MoU shall not affect the rights and
obligation of the parties resulting from other
international treaties or conventions to which the
Republic of Indonesia and the United of America are
parties .

IN WITNESS WHEREOF, the undersigned being duly
authorized thereto by their respective Governments,
have signed this Memorandum of Understanding.

Done in duplicate at -----------on------- , ----in
Indonesian, and English languages. In case of any
divergences of interpretation or implementation, the
English text shall prevail.

FOR MINISTRY OF HEALTH
OF THE REPUBLIC OF INDONESIA

FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
OF THE UNITED STATES OF AMERICA

END TEXT

HUME

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