VZCZCXRO3898
RR RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1167/01 1910800
ZNR UUUUU ZZH
R 100800Z JUL 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC 2790
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 7922

UNCLAS SECTION 01 OF 05 JAKARTA 001167 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP/MTS, OES/AIAG 
USAID FOR 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 AMED KFLU MASS PGOV ID
SUBJECT: Indonesia Proposes Health Cooperation 
MOU 
 
REF: A) Jakarta 1075 and previous 
 
¶1.  (U) This message is Sensitive but Unclassified. 
Please handle accordingly. 
 
¶2.  (SBU) SUMMARY:  The Indonesian Ministry of Health 
wants to expand health cooperation with the United 
States.  Towards this end, they have presented us 
with a draft MOU that outlines a broad framework for 
our health relationship.  This MOU will be the 
subject of discussion during the July 13-16 
interagency health visit to Jakarta.  A joint 
Indonesia-United States Medical Research Center-to 
replace NAMRU-will be the key initiative that we can 
launch under that framework.  END SUMMARY. 
 
INDONESIA OPEN TO A DEEPER RELATIONSHIP 
 
¶3.  (SBU) The Indonesian Ministry of Health (MOH) 
wants to establish a framework for expanded health 
cooperation with the United States.  Toward that end, 
senior MOH officials have provided us with a draft 
MOU on health cooperation.  (The text of the MOU is 
in paragraph six below.)  The MOU outlines a broad 
but somewhat unfocused vision of collaboration in 
medical research, public health, emerging diseases 
and other areas.  Given past difficulties over health 
issues, Indonesia's openness to deeper health 
cooperation is an important opportunity.  We should 
seize it. 
 
NAMRU IS CRITICAL 
 
¶4.  (SBU) For any broader health cooperation to 
succeed, we must address the immediate issue of 
NAMRU's status.  Mission has already provided MOH 
officials with preliminary ideas on transforming 
NAMRU into an Indonesian-American Medical Research 
Center.  That Center would incorporate NAMRU's 
existing facilities and personnel into a new joint 
facility with bi-national leadership.  Because of 
NAMRU's significant presence on the ground and 
decades of successful work in Indonesia, whatever 
facility eventually succeeds it must constitute the 
centerpiece of any future health cooperation.  The 
GOI MOU does not specifically discuss NAMRU or its 
successor.  However, key elements of text seem to 
reflect GOI receptivity to a joint research facility. 
We believe this offers an opportunity to move forward 
on NAMRU at the same time that we establish a broader 
framework for health cooperation. 
 
AN OPPORTUNITY TO MOVE FORWARD 
 
¶5.  (SBU) The Indonesian draft MOU represents an 
opportunity to move our health relationship forward 
and will be a key subject of discussion for the July 
13-16 interagency health delegation visit to Jakarta. 
Certain elements of the text are problematic, 
including those on vaccine production, material 
transfer agreements and intellectual property rights. 
However, these are not fatal flaws.  We believe that 
the Indonesians are genuinely open to improved health 
cooperation.  Next week's visit is an opportunity to 
seize on that Indonesian interest and forge a broader 
framework for health cooperation. 
 
¶6.  (U) BEGIN TEXT OF GOI DRAFT 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 
 
JAKARTA 00001167  002 OF 005 
 
 
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 
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, 
HINI), 
¶6.  Re-emerging diseases (TB, HIV co-infection (multi 
drug resistant/MDR); 
¶7.  Collaboration on eradication on communicable 
diseases (measles, malaria); 
¶8.  Development of Vaccine production; 
¶9.  Human Resources Development and transfer of 
knowledge, 
 
 
ARTICLE III 
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. 
 
 
ARTICLE IV 
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: 
 
JAKARTA 00001167  003 OF 005 
 
 
 
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 
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 mutuaIly beneficial 
manner; 
 
 
ARTICLE V 
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 VI 
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 [sic] 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 States Department of Health and 
Human Services is...[sic] 
 
 
ARTICLE VII 
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; 
 
JAKARTA 00001167  004 OF 005 
 
 
b. Assess 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 abd in the Republic of 
Indonesia. 
 
¶3.  The Parties shall facilitate the establishment of 
direct contacts between the Indonesian and the United 
of America [sic] appointed Institutions. 
 
 
ARTICLE VIII 
LIMITATION OF PERSONNEL ACTIVITIES 
 
All personnel engaged under this Memorandum of 
Understanding will observes 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 IX 
ALLOCATION OF RESOURCES 
 
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 [sic] 
available for the Parties or, when necessary, of 
organizations and institutes participating in the 
cooperation. 
 
 
ARTICLE X 
SETTLEMENT OF DISPUTE 
 
Any dispute arising out at the Implementation of this 
MoU shall be settled amicably through consultations 
and negotiations between the Parties. 
 
 
ARTICLE XI 
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 XII 
ENTRY INTO FORCE, DURATION AND TERMINATION 
 
¶1.  This Memorandum of Understanding will come into 
effect upon the date of its sinning; 
 
¶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 
obligations 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 
 
JAKARTA 00001167  005 OF 005 
 
 
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