AGREEMENT BETWEEN THE GOVERNMENT OF JAPAN AND THE GOVERNMENT OF MALAYSIA CONCERNING THE MARINE ENGINEERING TRAINING PROJECT

　The Government of Japan and the Government of Malaysia, desiring to advance the economic and technical cooperation between the two countries and thereby to strengthen further the friendly relations existing between the two countries, have agreed as follows: 

Article I 
(1) The two Governments will cooperate in implementing the marine engineering training project at the Ungku Omar Polytechnic, Ipoh(hereinafter referred to as "the Project")for the purpose of bringing up marine engineers for foreign-going ships with the certificates of competency for the first and the second class engineers issued by the Government of Ma laysia.

(2) The Project will cover the following: 

(a) theoretical and practical training in the fields as listed in Annex I; 

(b) investigation and survey necessary for and related to the above training.

Article II 
(1) The Government of Japan will take necessary measures to provide at its own expense the services of the Japanese project leader and the Japanese experts(hereinafter jointly called "the Japanese Staff")as listed in Annex II.

(2) The Japanese Staff mentioned in paragraph(1)above and their families wil1 be granted the privileges, exemptions and benefits provided for in the General Circular No.1 of 1969 of Malaysia.

Article III
(1) The Government of Japan will take necessary measures to provide at its own expense such equipment, machinery, tools and their spare parts, and other materials as listed in Annex III, for the implementation of the Project.

(2) The articles referred to in paragraph(1)above will become the property of t he Government of Malaysia upon being delivered c.i.f.at the port of disembarkation in Malaysia to the authorities concerned of the Government of Malaysia.

(3) The articles referred to in paragraph(1)above wi1l be utilized exclusively for theimplemention of the Project with the advice of the Japanese project leader.

Article IV
(1) The Government of Japan will take necessary measures to receive Malaysian trainees and technicians associated with the Project for technical training in Japan through the normal procedures under the Colombo Plan Technical Cooperetion Scheme.

(2) The Government of Malaysia will take necessary mesures to ensure that the knowledge and experience acquired by the Malaysian trainees and technicians referred to in paragraph(1)above through technical training in Japan will be utilized effectively for the implementation of the Project.

Article V
　The Government of Malaysia undertakes to bear claims, if any arises, against the Japanese Staff resulting from, occuring in the course of , or otherwise connected with the bona fide discharge of their official functions in Malaysia covered by this Agreement, except for those claims arising from the wilfu1 misconduct or gross negligence of the Japanese Staff.

Article VI
　The Government of Malaysia will take necessary measures to provide at its own expense:

(a) the services of staff as listed in Annex IV;

(b) land and buildings as listed in Annex V as well as incidenta1 facilities;

(c) supply or replacement of equipment, machinery, tools and their spare parts, and any other materials necessary for the implementation of the Project other than those provided by the Government of Japan under Article III.

Article VII 
　The Government of Malaysia will take neces sary measures to meet:

(a) customs duties, internal taxes and other charges, if any, imposed in Malaysia in respect of the articles referred to in Article III, paragraph(1);

(b) expenses necessary for transportation within Malaysia of the articles referredto in Article III, paragraph(1)above as well as for the installation, operation and maintenance thereof;

(c) running expenses necessary for the implementation of the Project including those as listed in Annex VI.

Article VIII
(1) The Director General of Education of the Ministry of Education, Malaysia will have the overall responsibility for the implementation of the Project.

(2) The Japanese project leader will be responsible for all technical matters pertaining to the implementation of the Project to the Director General of Education in close cooperation with the Principal of the Polytechnic.

(3) The Principal of the Polytechnic will be responsible for the management of the Project and administration connected therewith.

(4) A Joint Advisory Committee consisting of members as listed in Annex VII will be established under the control of the Director General of Education to discuss matters relating to the successfu1 implementation of the Project.

Article IX
　The two Governments will consult each other in respect of any matter that may arise from or in connection with this Agreement.

Article X
　The technical assistance to be provided by tbe Government of Japan under this Agreement will be implemented in accordance with laws and regulations in force in Japan.

Article XI 
　This Agreement will enter into force on the date of signature and remain in force for a period of four(4)years, and may be extended by mutual agreement between the two Governments for a further specified period.However, either Government may at any time, give notice to the other Government of its intention to terminate the Agreement, in which case the Agreement will terminate six months after such notice has been given.

　Done in duplicate in English at Kuala Lumpur on this day of December 3rd, 1973.

　For the Government of Japan:
(Signed)Shigeru Hirota
AMBASSADOR OF JAPAN

　For the Government of Malaysia:
(Signed)Abdul Kadir
CHIEF SECRETARY OF THE CABINET

Annex I: The fields of training to be covered by the Project

(1) Schooling 

(2) Sea experience training

(3) Shipyard training

(4) Specialty training

Annex II: List of the Japanese Staff

(1) Project leader

(2) A total of four experts in the following fields:

　Heat and fluid technology

　Marine engineering practice

　Naval architecture

Annex III: List of the articles to be provided by the Government of Japan

(1) Training equipment for steam engineering

(2) Training equipment for internal combustion engineering

(3) Training equipment for auxiliary engineering

(4) Training equipment for electrical engineering

(5) Meters and instruments

(6) Engine models

(7) Wall charts for instruction

(8) Tools

(9) Spare parts for the above articles

Annex IV: List of the staff to be provided by the Government of Malaysia 

(1) Principal of the Polytechnic

(2) Teaching staff for the fields of training that are not covered by the Japanese Staff

(3) Technical supporting staff, at least one to each Japanese expert

(4) Administrative staff, such as clerks, typists, storekeepers and messengers

Annex V: Particulars of land and buildings to be provided for the Project

1. Land About 2,500 square meters

2. Buildings 

(1) Sufficient number of lecture rooms

(2) Steam engineering laboratory

(3) Internal combustion engineering laboratory

(4) Meters and instruments room

(5) Auxiliary engineering laboratory

(6) Electrical engineering laboratory

(7) Engine models room

(8) Tools and spare parts store

(9) Japanese project leader's office

(10) Offices for the Japanese experts

(11) Offices for local staff concerned

Annex VI: Running expenses for the Project

(1) Transport expenses on official duty and official correspondence within Malaysia

(2) Charges for official phone-calls, electricity, gas, water, fuel-oil, lubricating oil, maintenance of facilities and any other running expenses necessary for the implementation of the Project

(3) Expenses for stationery necessary for the Project

Annex VII:  List of members of Joint Advisory Committee for the  Project

(1) The Director of Technical and Vocational Education, Ministry of  Eduction, Malaysia(Chairmen)

(2) The principal of the Polytechnic

(3) Experts nominated by the Government of Malaysia

(4) Representatives Of the Ministry of Communications, Malaysia

(5) The Japanese Staff

(6) Additional members who may be coopted as and when necessary