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