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RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSL RUEHSR RUEHVK
RUEHYG
DE RUEHSQ #0469/01 2711333
ZNR UUUUU ZZH
R 281333Z SEP 09
FM AMEMBASSY SKOPJE
TO RUEHC/SECSTATE WASHDC 8546
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE 0553

UNCLAS SECTION 01 OF 04 SKOPJE 000469 
 
SENSITIVE 
SIPDIS 
STATE PLEASE ALSO PASS USAID 
 
E.O. 12958: N/A 
TAGS: EAID PREL PGOV MK
SUBJECT: MACEDONIA-U.S. MOU ON ASSISTANCE CEMENTS GOM COMMITMENT 
 
Sensitive but unclassified - please protect accordingly. 
 
¶1. (U) On September 15, Ambassador Reeker and Deputy Prime Minister 
for Euro-integration Vasko Naumovski signed a groundbreaking 
bilateral Memorandum of Understanding "Concerning Training and 
Related Assistance."  The MOU ensures proper selection of Government 
of Macedonia employees who will receive USG-funded training, and 
stipulates that they will remain in positions that utilize the 
training for a reasonable period (full text in para. 5).  USAID 
Mission had the lead, on behalf of all U.S. Agencies at post, to 
draft and negotiate the terms and conditions of the agreement. 
 
¶2. (U) In recent months Prime Minister Gruevski has shown increased 
commitment to be informed on the full range of U.S. assistance 
programs.  Gruevski and the Ambassador have led two meetings with 
the entire cabinet on U.S. assistance (Jan 22 and May 29), and at 
both meetings Gruevski instructed certain ministers on the spot to 
correct problems we have encountered with certain GoM agencies in 
implementing our programs or obtaining ministerial buy-in. 
Ambassador Reeker raised this MOU idea at the May 29 meeting, and 
Gruevski promptly agreed to it in principle. 
 
¶3. (SBU) To our knowledge, this is the first time the U.S. has 
enacted a comprehensive bilateral arrangement to address the problem 
of USG-funded training or other investment going to waste due to 
dismissals or transfers that have occurred frequently here.  This 
has not only been due to a change of government, which brings on 
waves of hiring and firing under the patronage system, but even when 
the same party is in power.  In some cases, it appeared that 
jealousy of senior officials or even ministers at certain employees 
having received U.S. training (especially if it involved foreign 
travel) played a role.  In recent years, this problem has adversely 
affected GOM employees trained as organized crime prosecutors, 
police and border security, military personnel, judges, teachers and 
other civil servants.  This MOU affects GOM participants from 
Department of Justice, Department of Defense, Public Affairs as well 
as all USAID programs. 
 
¶4. (U) In our public outreach, Embassy emphasized that the MOU is 
another manifestation of the USG's continuing commitment to 
implement the Declaration of Strategic Partnership and Cooperation 
signed in Washington last year. The Sept. 15 signing received wide 
media coverage which highlighted how this agreement would improve 
the civil service in Macedonia. 
 
¶5. (U) Full text of MOU follows: 
 
MEMORANDUM OF UNDERSTANDING 
 
Between 
 
THE GOVERNMENT OF THE UNITED STATES OF AMERICA 
 
and 
 
THE GOVERNMENT OF THE REPUBLIC OF MACEDONIA 
 
Concerning Training and Related Assistance 
 
¶1.  Purpose 
 
The Government of the United States of America (USG) and the 
Government of the Republic of Macedonia (GOM), collectively "the 
Participants", wish to cooperate in a mutual effort to build the 
capacity and improve the performance of various Ministries, 
departments, and offices of the GOM.  The USG wishes to furnish and 
the GOM wishes to receive in-kind assistance for this purpose. 
Accordingly, the Participants hereby set forth their understandings 
with respect to their activities in support of this purpose. 
 
 
¶2.  Background 
 
Since 1993 the USG has provided nearly $1 billion in military, 
economic, security and development assistance to the Republic of 
Macedonia. A significant and critical portion of this assistance has 
been and continues to be furnished through training and 
training-related programs for the GOM.  Experience demonstrates that 
such assistance is most effective when the participating USG and GOM 
representatives clearly set forth their expectations and 
understandings about these programs and closely coordinate with one 
another before, during and after implementation of the training 
activities. This MOU is intended to ensure that such communication 
and coordination take place across the range of training assistance 
provided by several USG departments and agencies to various parts of 
the GOM and to enhance the longer term impact and sustainability of 
such assistance for the continuing benefit of the GOM in its effort 
for public administration reform. 
 
¶3.  Roles and Undertakings of the Participants 
 
 
SKOPJE 00000469  002 OF 004 
 
 
3.1. General 
 
The USG, through its various departments and agencies and their 
implementing partners, intends to continue to furnish to the GOM 
in-kind assistance in the form of training programs ("USG-supported 
training"), including activities such as courses of study, degree 
programs, workshops, seminars, mentoring, internships and study 
tours, as well as related equipment and other commodities. The GOM, 
acting through its various Ministries and their departments and 
offices, intends to participate in and facilitate the implementation 
of the USG-supported training and to make effective use of this 
assistance, as described more specifically herein. 
 
The Participants expect that additional MOUs, arrangements, 
implementation letters or other documents may be executed between 
agencies or departments of the USG and those of the GOM in order to 
set forth additional or more specific expectations and 
responsibilities associated with certain USG-supported training. 
 
3.2. Needs Assessment 
 
Once the USG has identified an area in which it intends to furnish 
USG-supported training to the GOM, the Participants intend to 
consult closely on an appropriate type of training program, as well 
as its timing and implementation. The GOM intends to furnish 
relevant information and provide the USG with broad access to staff 
at various levels, sufficient to allow for a thorough assessment of 
the capacity and needs of the governmental units and individuals 
that would receive the training. 
 
The training program is intended to be in line with the GOM national 
strategy on training of civil servants and included in the relevant 
annual training programs of the ministries and other departments and 
offices of the GOM. 
 
Representatives of the GOM and the USG intend by the end of November 
each year to hold consultations and establish priorities for the 
training program for the following year. 
 
      3.3. Selection of Participants 
 
The Participants intend to consult closely in identifying and 
selecting suitable GOM participants for the USG-supported training. 
Based on the nature and purpose of the training program, the GOM 
intends to nominate or recommend those individuals for whom the 
training is most appropriate, taking account of their capabilities 
and their duties and responsibilities with the GOM.  The 
Participants intend to consult on and take into account USG policies 
and requirements for the participation of minorities and women in 
USG-supported training.  Upon request by the USG, the GOM intends to 
pre-screen possible participants for eligibility and availability 
for the training program and, subject to privacy laws or other legal 
restrictions, assist in providing information necessary for USG 
screening or vetting procedures. 
 
The GOM intends to ensure that selection of participants is in line 
with the Law on Civil Servants, other applicable laws and 
regulations in the Republic of Macedonia and relevant national 
standards on human resources development and management. 
 
      3.4. Logistical Support 
 
In planning the USG-supported training, the Participants intend to 
consult on and coordinate their specific contributions to 
implementation of the program. The GOM intends to use its best 
efforts to provide appropriate and useful logistical support, 
including things such as venue, interpretation, transportation, 
etc., for the USG-supported training. Such logistical support is 
ordinarily expected to be an in-kind contribution to the training 
program, provided at no cost to the USG. 
 
      3.5. Retention and Assignment of Training Participants 
 
In order to ensure that the GOM receives the full benefit of USG 
assistance, the GOM intends to take all reasonable steps to ensure 
that any employee who has received USG-supported training is 
retained in or assigned to the position for which the employee was 
selected to participate in the training, or in a substantially 
similar position, for an appropriate period of time following the 
training program. The Participants intend that for training programs 
that are highly specialized or involve significant time and 
resources, the trained employee should be retained in or assigned to 
such position for a period of at least two years. This understanding 
concerning retention and assignment is not intended to restrict 
promotion or advancement of the employee, so long as the GOM 
continues to realize the full benefit of the USG-supported training. 
 
 
The GOM further intends to take all reasonable steps to ensure that 
individuals trained as trainers, or trained with the expectation 
that they will share their training with others through mentoring, 
 
SKOPJE 00000469  003 OF 004 
 
 
on-the-job training or other means of instruction, are assigned to 
positions that will allow them to carry out such training or 
instruction. 
 
The Participants further understand and intend that for some 
training programs, the obligations and expectations concerning 
employee retention and assignment should be more specifically 
provided in documents supplementary to this MOU, as discussed in 
Section 3.1 above. 
 
The GOM further intends to ensure that retention and assignment of 
training participants is in line with the Law on Civil Servants and 
other relevant laws and regulations. 
 
      3.6.  Review and Evaluation 
 
The GOM intends to facilitate, participate in, and make staff and 
information available for reviews and evaluations of USG-supported 
training. The Participants intend to share with one another, as 
appropriate, the results of such reviews and evaluations. 
 
¶4.  General Provisions 
 
      4.1.  Coordination and Consultation 
 
The Participants intend to provide each other with such information 
as may be needed to facilitate provision of the assistance hereunder 
and to monitor the effectiveness of the assistance.  The 
Participants also intend to meet at least semi-annually to review 
assistance hereunder and otherwise share relevant information. The 
Participants intend to regularly exchange information on the 
participation of GOM participants in the training programs. Any 
issues concerning the interpretation, administration or 
implementation of this MOU should be resolved by consultation 
between the Participants. 
 
 4.2.   Screening of Training Participants 
 
In order to comply with US laws and policy, individuals proposed for 
participation in USG-supported training are to be screened to ensure 
that they have not been involved in human rights violations, 
terrorist activities, narcotics trafficking or certain other 
criminal offenses.  Individuals may be excluded from participation 
in USG-supported training if they have been involved in such 
activities or if insufficient information is available to conduct 
such checks to the satisfaction of the USG.  The GOM intends to 
assist in providing, consistent with applicable law, information 
necessary for the USG to screen potential training participants. 
 
 4.3.  Effect of the MOU 
 
This MOU does not constitute a legal obligation or binding agreement 
or effect an obligation of funds by the USG or the GOM, nor does it 
contemplate a transfer of funds from the USG to the GOM. 
 
 4.4.  Third Party Instruments and the Availability of Funds 
 
In order to provide the assistance described in this MOU, the USG 
may enter into such contracts and other instruments with public and 
private parties as the USG deems appropriate.  All assistance and 
undertakings of the USG pursuant to this MOU are subject to the 
availability of funds and to further agreement between the USG and 
such public and private parties regarding the provision of such 
assistance. 
 
 4.5.  Commodities and Other Property 
 
It is anticipated that during implementation of the assistance 
described in this MOU custody, control and ownership of commodities 
and other property ("the Property"), including intellectual 
property, should be transferred to the GOM.  The Property should be 
used to support the purpose for which it has been provided, both 
during and after the term of this MOU.  The GOM is to register, 
record or otherwise document the Property as required under 
applicable law, including to record ownership in the GOM's name and 
should pay any applicable taxes or other charges in connection with 
such registration or transfer in the event exemptions are not 
available. 
 
The GOM intends to establish procedures, or include the Property in 
procedures already established by the GOM, for the receipt, use, 
maintenance, protection, custody and care of the Property, including 
the establishment of reasonable controls to enforce such procedures. 
 The GOM intends to take all reasonable steps necessary to ensure 
that the Property is not damaged, lost, stolen or misused, and is 
properly maintained, available and usable for the purposes for which 
is was provided.  The GOM intends to maintain records adequate to 
show receipt, location, condition, maintenance and use of the 
Property, provide the USG reports regarding such matters as the USG 
may reasonably request, and afford authorized representatives of USG 
or their designees the opportunity, at reasonable times, to inspect 
 
SKOPJE 00000469  004 OF 004 
 
 
the Property and records relating thereto. 
The Participants intend that the USG has the right to require from 
the GOM return of, or refund of the value of, any Property provided 
in connection with USG-supported training but not used in accordance 
with the terms of this MOU. 
 
 4.6.  Publicity 
 
The GOM intends to give appropriate publicity, in consultation and 
as mutually determined with the USG, to the assistance described in 
this MOU as programs to which USG has contributed. 
 
 4.7.  Relation to Framework Bilateral Agreement 
 
The assistance provided by the USG hereunder is part of the United 
States Government's program of assistance to Macedonia under the 
Agreement Concerning Economic, Technical and Related Assistance 
signed by the Government of the Republic of Macedonia and the U.S. 
Government on September 9, 2001, and is to be subject to the terms 
and conditions of that Agreement, including provisions relating to 
exemption from taxes and customs duties. 
 
 4.8.  Amendments and Discontinuation 
 
This MOU may be modified in writing by the Participants.  Either 
Participant may discontinue its participation in this MOU by giving 
the other Participant thirty (30) days written notice. 
 
 4.9.  Effective Date and Term 
 
This MOU is intended to be effective upon signature of both 
Participants and is to remain in effect until September 30, 2016 or 
until discontinued, whichever is earlier, unless extended in writing 
by the Participants. 
 4.10.  Language 
 
This MOU is prepared in both English and Macedonian.  In the event 
of ambiguity or conflict between the two versions, the English 
language version is to control. 
 
Signed at Skopje, this 15th day of September, 2009, 
 
 
THE GOVERNMENT OF THE UNITED STATES OF AMERICA 
 
 
Philip T. Reeker, Ambassador 
 
 
 
THE GOVERNMENT OF THE REPUBLIC OF MACEDONIA 
 
 
 
Ph.D. Vasko Naumovski, Deputy Prime Minister 
 
NAVRATIL