36
July 2008
fi sheries resource condition and management by
developing a framework strategy, institutions and
appropriate interventions.
ARTICLE IV
DESIGNATED NATIONAL AUTHORITY
For the purpose of this Memorandum of Understanding,
the Parties shall nominate their respective National
Focal Authorities, which shall be communicated through
diplomatic channels upon signing of this Memorandum of
Understanding.
ARTICLE V
TRI-NATIONAL COMMITTEE
1. For the purpose of implementation of this Memorandum
of Understanding, a Tri-National Committee shall be
established which shall consist of representatives of the
designated national authorities of the Parties.
2. The Tri-National Committee shall adopt procedures for
the conduct of its meetings which shall be convened
once a year or as may be necessary upon the instance of
any of the parties, in the Republic of Indonesia, Malaysia,
and the Republic of the Philippines on rotation basis.
3. The Tri-National Committee Meeting shall serve as a
forum:
a. to coordinated and harmonise the implementation
of the ECP;
b. to review, update and revise the ECP when
necessary; and
c. for consultation and information sharing
among the parties on the development and
implementation of conservation initiatives outside
the scope of the ECP.
ARTICLE VI
FINANCIAL ARRANGEMENTS
1. Financial obligations arising from the Tri-National
Committee’s activities and joint activities in the
implementation of the ECP shall be shouldered equitably
through understandings or arrangements agreed upon
during Tri-National Committee Meeting, which should be
communicated through Exchange of Letters.
2. The Parties, individually of jointly, where necessary
may mobilize additional resources required for the
implementation of the ECP from relevant international
organizations and international donor community.
ARTICLE VII
NON-PREJUDICE CLAUSE
Nothing in this Memorandum of Understanding shall
prejudice the sovereign rights of the Parties over
the resources of the positions of the Parties on the
negotiations of the delimitation of common maritime
boundaries.
ARTICLE VIII
INTELLECTUAL PROPERTY RIGHTS
1. The protection of intellectual property rights shall
be enforced in conformity with the respective
national laws and regulations of the Parties and with
international agreements in force among the Parties.
2. The intellectual property right in respect of any
technology development carried out jointly by the
Parties or research result through joint activity of
the Parties shall be jointly owned by the Parties in
accordance with the terms to be mutually agreed
upon.
3. Each Party shall be allowed to use such intellectual
property rights for the purpose of maintaining,
adapting and improving the relevant technology.
In the event that such technology is used by the
Party and/or institutions on behalf of the Party for
commercial purposes, the other Parties shall be
entitled to obtain an equitable portion of royalty,
among others.
4. Each Party shall own the intellectual property rights
in respect of any research results, technological
development, and any products and services
development, which were solely and separately
developed by that Party and conducted within its
national jurisdiction.
5. Any other matters pertaining to intellectual property
rights that may arise from activities undertaken
under this Memorandum of Understanding shall
be determined and agreed upon by the Parties in a
separate arrangement prior to the implementation of
the activities.
37
Tropical Coasts
ARTICLE IX
CONFIDENTIALITY
Each Party shall undertake to observe the confi dentiality and
secrecy of documents, information and any other data received
from or supplied to the other Parties during the period of the
implementation of this Memorandum of Understanding of any
agreement or plan of action concluded or entered pursuant
to this Memorandum of Understanding. The provision of this
Article shall continue to be binding for a period to be agreed
upon between the Parties notwithstanding the withdrawal of
any of the Parties from this Memorandum of Understanding.
ARTICLE X
SUSPENSION
Each Party reserves the right for reasons of national security,
national interest, public order or public health to suspend
temporarily, either in whole or in part, the implementation of
this Memorandum of Understanding which suspension shall
take eff ect immediately after notifi cation has been given to the
other Parties through diplomatic channels.
ARTICLE XI
REVISIONS, MODIFICATIONS AND AMENDMENTS
This Memorandum of Understanding may be revised,
modifi ed or amended, in whole or in part, by consensus of
the Parties. Any revision, modifi cation or amendment agreed
to by the Parties shall be in writing and shall form part of this
Memorandum of Understanding. Such revision, modifi cation
or amendment shall come into eff ect on such date as may
be determined by the Parties. Any revision, modifi cation or
amendment shall not aff ect the rights and obligations arising
from this Memorandum of Understanding prior or up to the
date of such revision, modifi cation or amendment.
ARTICLE XII
SETTLEMENT OF DISPUTES
Any dispute or diff erence between the Parties concerning the
interpretation and implementation of any of the provisions of
this Memorandum of Understanding shall be settled amicably
through consultation and negotiations among the Parties.
ARTICLE XIII
ENTRY INTO FORCE, DURATION AND WITHDRAWAL
1. This Memorandum of Understanding shall enter into force
on the date of the last notifi cation by the Parties through
diplomatic channels, indicating that they have complied
with their domestic requirements for its entry into force. It
shall remain in force for a period of ten (10) years.
2. Any Party may withdraw from this Memorandum of
Understanding after the fi fth (5th) year from the date of its
entry into force. The withdrawal shall take eff ect three (3)
months after the receipt of notifi cation of the withdrawal.
3. Any withdrawal by any Party from this Memorandum of
Understanding shall not aff ect the implementation and
completion of ongoing activities and/or programmes,
which have been agreed upon by the Parties prior
to the date of withdrawal from this Memorandum of
Understanding.
IN WITNESS WHEREOF, the undersigned being duly
authorised by their respective Governments have signed this
Memorandum of Understanding.
DONE at Putrajaya, Kuala Lumpur, Malaysia on this 13th day
of February in the year of 2004, in twelve (12) original texts,
three (3) copies each in Bahasa Indonesia, Bahasa Malaysia,
Filipino and English language, all texts being equally
authentic. In the event of divergence of interpretation
between any of the texts, the English text shall prevail.
FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
Rokhmin Dahuri
FOR THE GOVERNMENT OF MALAYSIA
Dato Seri Law Hieng Ding
FOR THE GOVERNMENT OF THE REPUBLIC OF THE
PHILIPPINES
Elisea G. Gozun