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MEMORANDUM OF UNDERSTANDING
AGREEMENT
BETWEEN THE MINISTRY OF NATIONAL DEFENCE OF
THE PEOPLE’S REPUBLIC OF CHINA AND
THE MINISTRY OF DEFENSE OF THE REPUBLIC OF INDONESIA
ON DEFENCE COOPERATION

The Ministry of National Defence of the People's Republic of China and the
Ministry of Defence of the Republic of Indonesia, hereinafter referred to as the
"Participants" and individually referred to as the "Participant",

Aiming to implement the series of important documents including the Future

Direction of China-Indonesia Comprehensive Strategic Partnership issued in October
2013 and the Joint Statement between the Government of the People 's Republic of
China and the Government of the Republic of Indonesia released in May 2018, etc.,

In pursuance of the general principle of the Agreement between the government of the
republic of Indonesia and the government of the people’s republic of china on
cooperation activities in the field of defence, signed on November 7 th 2007 in Beijing,
and “Joint Declaration between the Republic of Indonesia and The People’s Republic of
China on Strategic Partnership” signed on April 25 th 2005 in Jakarta.

Desiring to enhance mutual trust and cooperation in the defence and military field of the
two countries so as to promote the friendship between the Chinese people and the
Indonesian people and to maintain regional and world peace and stability,

PURSUANT to the prevailing laws and regulations of respective countries;

HAVE REACHED THE FOLLOWING UNDERSTANDING:

ARTICLE I

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GENERAL PRINCIPLE
OBJECTIVE

The Participants shall The objective of this Agreement is to strengthen friendly

cooperation in the defence field based on the principles of mutual respect for each
other's sovereignty, and territorial integrity, national law, mutual non-aggression, non-
interference in each other's internal affairs, equality, mutual benefit and peaceful co-
existence as enshrined in the United Nations Charter and other universally recognized
norms of international law, following a new vision of common, comprehensive,
cooperative and sustainable security, and the principle of mutual consent.

ARTICLE II
SCOPE OF COOPERATION

The scope of cooperation under this Memorandum of Understanding Agreement:

1. Policy Dialogue. The Participants shall often exchange their opinions on issues
including international and regional security, bilateral and multilateral defence
cooperation, etc., and establish a consultation forum on brief each other the
development of their respective defense and military of both participants. The
leadership of the two countries' defense leading authorities and militaries shall
often meet on bilateral and multilateral occasions. On a regular basis, the
Participants shall hold conduct Defense and Security Consultation and the existing
fora between both participants and establish and enrich new the cooperation
(talks) mechanism between other services by mutually agreed both Participants.
Navy to Navy Cooperation Talks. Meanwhile, the cooperation (talks) mechanism
between other services will also be established and enriched.

2. Exchange of Delegations. In forms of formal visit, working visit, study tour or

others, the Participants shall conduct exchange delegation visits at all levels,
either from their defense departments or military services in forms of formal visit,

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working visit, study tour or any others activities by mutually agreed both
Participants.

3. Military and civilian Education. The Participants shall conduct mutually exchange
accept military and civilian personnel for education and professional training
through. They exchange of instructors, Lecture and experts for teaching and giving
lectures and promote push for more military intercollegiate and think tank
exchanges. Both Participants agree to develop, academic cooperation in the fields
of higher education, include strategic research, in areas of defence and security
studies.

4. Joint (Training) Exercises. The Participants shall hold conduct joint exercises and
joint training exercises, focusing on Humanitarian Assistance and Disaster Relief
(HADR), Counter Terrorism, Cyber Security, Military Medicine, Maritime Security,
Peacekeeping Operations, Logistics and Aviation Safety, etc. The specifics such
as the content or scale will be determined through bilateral consultation. The
Participants shall also discuss on establishing to sign a cooperation agreement on
joint (training) exercise.

5. Defense Science and Technology. The Participants will support defense science
and Transfer of Technology cooperation between the two countries, including but
not limited to armament and equipment procurement, joint research and
development, joint manufacturing, participation of defence exhibitions, upgrading
of related military equipment, and education/research cooperation through
exchanges and visits of experts and researchers.

6. Maritime Security. With the spirit of friendship and cooperation, the Participants
shall often exchange their views on mutually interested maritime security issues.
The Participants shall continue to exchange of port calls exchange and also
promote the cooperation and communication in the regional. They will also
conduct joint patrols and establish communication and cooperation mechanism
between their neighboring theaters commands/commanding authorities.

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7. Multilateral Security. The Participants shall continue to practice their belief in

multilateralism and win-win cooperation, and join their endeavor to build a
community with a shared future for mankind. They are commited to strengthen
China-ASEAN (Association of Southeast Asian Nations) defense and security
cooperation. The Participants will continue to support each other to host
multilateral security conferences or activities and they will send their
representatives to participate the events.

8. The Participants will cooperate in other fields of common interest as may be

mutually agreed upon.

ARTICLE III
ORGANIZATION AND IMPLEMENTATION
JOINT COMMITTEE

1. The Participants shall set up a Joint Working Group to coordinate and promote the
implementation of the cooperation under this Memorandum of Understanding. The
Chief of the Office for International Military Cooperation of the Central Military
Commission of the People’s Republic of China and the Secretary General of the
Ministry of Defense of the Republic of Indonesia will co-chair the Joint Working
Group.

2. In principle, the Joint Working Group will hold annual coordination meetings
alternately in China and Indonesia The co-chairs of the Joint Working Group will
determine the attendance of the meeting.

3. The Participants may establish joint working groups at the service (Army, Navy
and Air Force) to discuss the details of mutually decided inter-service exchanges,
including but not limited to the timeframe, type and source of funding of the
activities. As mutually decided, the inter-service joint working groups will be
headed by designated representatives from the respective services

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1. In order to effectively pursue the objective of this Agreement, the Parties hereby
establish a joint defence cooperation committee, hereinafter referred to as th
“Joint Committee”.

2. The Joint Committee shall be composed of an equal number of representatives

from each Party. Its composition and total number of members shall be decided
upon by competent authorities of the parties.

3. The Joint Committee shal be co-chaired by the appropriate senior officials from
the competent authorities of the parties.

4. The joint committee shall meet, when it deems necessary alternately in the China
and the Republic of Indonesia. The date, place, agenda and other details of the
meeting will be jointly decided upon between the parties.
5. The Joint Committee may set up sub-committees when it deems them necessary
for the implementation of this Agreement. These sub-committees shall report to
the Joint Committee.

6. The functions of the Joint Committee shall include:

a. Exploring and identifying detailed areas or forms of cooperation;
b. Coordinating, monitoring and managing the implementation of cooperative
activities;
c. Planning and reviewing programs or cooperative activities under this
Agreement;
d. Taking or recommending appropriate actions to facilitate cooperation
between the defence industries of the two countries;
e. Seeking to resolve any other issues arising from the implementation of this
Agreement;
f. Drafting reports on the results of each Joint Committee meeting and
submitting such reports to the respective competent authorities of the
Parties.

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7. The co-chairs of the Joint Committee, or their representatives, may, if appropriate,

participate in order cooperative bodies which may be established within the
framework of bilateral cooperation between the Parties.

ARTICLE IV
CONFIDENTIALITY

1. The Participants shall protect the security of their cooperation activities,

intelligence, information, technology and documents in accordance with the laws
of their respective countries.

2. Each Participant shall not disclose or release the activities, intelligence,

information, technology and documents arising from the interaction and
cooperation between the Participants to any third party without prior written
approval of the other Participant.

3. The Participants will continue to observe the provisions of this Article

notwithstanding the expiration or termination of this Memorandum of
Understanding Agreement.

ARTICLE V
RESPONSIBILITIES AND OBLIGATIONS

This Memorandum of Understanding Agreement does not give rise to legally binding
rights or obligations under international law, and the cooperation and exchanges under
this Memorandum of Understanding Agreement will be conducted subject to the
regulations of the respective Participants’ domestic laws.

ARTICLE VI

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EXPENSES

The Participants will bear their own expenses arising from conduct of this
Memorandum of Understanding Agreement, on an equal/reciprocal basis, if not decided
upon otherwise.
This Memorandum of Understanding Agreement shall serve as an important
factor for the Participants’ budget appropriation.

ARTICLE VII
RESOLUTION OF DIFFERENCES

Any difference between the Participants arising from the interpretation or

implementation of this Memorandum of Understanding Agreement shall be resolved
through consultation and negotiation between the Participants and shall not be referred
to any national or international tribunal, or any third person or entity for settlement.

ARTICLE VIII
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

1. The Participants shall prevent unauthorized use and transfer of under this
Agreement in accordance with respective national laws and regulations of their
countries as well as the international agreement to which their countries are party.

2. The Protection and distribution of intellectual property rights including protection of

a third participant’s legitimate rights, as well as the consideration of equitable
portion of ownership based on the contribution of the respective Participants, shall
be arranged through separate written arrangements by the Participants on the
specific areas of cooperation.

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ARTICLE IX
LIMITATION OF PERSONNEL ACTIVITIES

1. Each Participant shall ensure that its personnel engaged in the activities under
this Agreement shall respect the laws and regulations of the host country and
avoid any activities inconsistent to this Agreement.

2. The Participants acknowledge that the visit by staff one Participant to the other
shall be subject to the entry and visa regulations of China and Indonesia and shall
comply with the prevailing laws and regulations of both Countries.

ARTICLE VIII X
COMING INTO EFFECT
ENTRY INTO EFFECT, DURATION, VALIDITY AND TERMINATION

1. This Memorandum of Understanding shall come into effect on the date of

signature by the Participants and remain in effect for a period of five (5) years.
Thereafter, this Memorandum of Understanding shall be automatically extended
for successive periods of five (5) years unless either Participant notifies the other
Participant in writing, through diplomatic channels, of its intention to not renew this
Memorandum of Understanding at least six (6) months prior to the completion of
the effective period.

On the day this Memorandum of Understanding comes into effect, the Agreement
between the Government of the People’s Republic of China and the Government
of the Republic of Indonesia on Cooperation Activities in the Field of Defense
signed on November 7”, 2007, shall cease to be in force simultaneously.

2. The Participants may review or amend this Memorandum of Understanding at any

time by mutual consent in writing.

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3. Either Participant may terminate this Memorandum of Understanding by notifying

the other Participant in writing, through diplomatic channels, of its intention to
terminate this Memorandum of Understanding. In this case, this Memorandum of
Understanding will be terminated on the 60 day after the other Participant receives
the written notification.

4. The termination of this Memorandum of Understanding shall not affect the validity
or duration of any ongoing projects, plans, arrangements or contracts concluded
within the framework this Memorandum of Understanding.

1. This Agreement will come info effect on the date of signature by authorized
representatives of both Paticipants.

2. This Agreement will remain in effect for a period of five (5) years and may be
renewed for further periods of five (5) years by mutual written consent of the
Participants.

3. This Agreement may be terminated by either Participant giving written notice to

the other at least ninety (90) days prior to its intention to terminate this Agreement
or at any time by mutual written consent.

4. The termination of this Agreement will not affect the validity and duration of any
specific cooperative activities mutually determined by the Participants within the
framework of this Agreement prior to its termination.

Signed in duplicate in ………. On ………. , 2020, in the Chinese,

Indonesian and English languages, both all texts being equally valid. In case of
divergence of interpretation, the English text shall prevail.

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