Memorandum of Understanding

Preamble

The Arafura and Timor Seas Experts Forum, (referred to as ATSEF, or as the Forum in this Memorandum) is a non-binding forum to foster collaboration between government and non-government organisations in Australia, Indonesia, Papua New Guinea and Timor-Leste in the pursuit of the sustainable use of the living resources of the Arafura and Timor Seas. It is open to, and encourages participation from, agencies and individuals within the littoral nations and from international organizations, who are willing to advance the purpose of the Forum in accordance with this Memorandum of Understanding.

The Arafura and Timor Seas fit the definition of a semi-enclosed sea under Article 122 of the Law of the Sea Convention. Article 123 of the Convention requires that:

States bordering a semi-enclosed sea should cooperate with each other……through an appropriate regional organisation:

• to coordinate the management, conservation, exploration and exploitation of the living resources of the sea
• to coordinate……with respect to preservation and protection of the marine environment
• to coordinate their scientific policies and undertake joint programs of scientific research in the area
• to invite as appropriate…..international organisations to cooperate with them in the furtherance of the provisions of this article

Purpose and Objective

The purpose of the Forum is to assist in achieving the goals of sustainable development and poverty alleviation, specifically for the littoral nations and for the coastal and indigenous communities, who depend upon the Arafura and Timor Seas for their livelihood.

As a United Nations World Summit on Sustainable Development Partnership (Type 2), the objective of ATSEF is to provide opportunities to improve information sharing arrangements between the littoral states of the Arafura and Timor Seas. It provides an informal mechanism to identify cooperative research agendas and arrangements to enhance the nations’ capacity to sustainably manage the Arafura and Timor Seas.

To this end the signatories to this Memorandum of Understanding agree upon the following:

Foci of the Arafura & Timor Seas Forum

There are five priority foci to which the Forum directs research.

1. Preventing, deterring and eliminating illegal, unreported and unregulated fishing in the Arafura and Timor Seas:

Illegal, unreported and unregulated (IUU) fishing is a major cause of unsustainable stock depletion. IUU fishing is increasing the number of endangered species and is a cause of destruction of marine and coastal habitats. It prevents the sustainable use and development of the seas’ living resources.

2. Sustaining fish stocks, marine habitats and coastal and marine biodiversity:

Knowledge of the population of harvested species, of the bio-oceanography of the seas and of marine ecosystems and near shore habitats, is the essential prerequisite for wise management and use of the living resources.

3. Understanding the marine, coastal, and catchment system dynamics of the seas:

A profound understanding of the system dynamics of the seas is the basis for achieving priority 2 and the sustainable use of the seas’ living resources.

4. Assisting sustainable and/or alternative livelihoods for coastal, traditional and indigenous communities:

Research and action undertaken to ensure sustainable livelihoods and the well-being of indigenous, traditional and coastal communities is essential to the pursuit of the Forum’s objective of poverty alleviation, sustainable development and community empowerment.

5. Improving capacity for data information, management and sharing between the littoral nations of the seas:

Without information sharing, the knowledge base for the sustainable management of the seas and use of its resources will not be accessible to managers, government agencies, coastal and indigenous communities, commercial operations and other stakeholders who require it. Data management is also essential to prevent wasteful duplication of research.

Governance of the Arafura &Timor Seas Experts Forum

To facilitate the achievement of the purpose, objective and the priorities of ATSEF, the signatories of this MoU agree to the following governance structure.

The ATSEF Forum will meet once a year. The Forum is open to any organisation with a direct interest in the Arafura and Timor Seas and willingness to abide by this MoU. Forum meetings will enable the sharing of research findings, data and information, the evaluation of research and its application, evaluation of research directions and proposals, identification of potential collaborations, and appraisal of the outcomes of ATSEF activities.

ATSEF Steering Committee
An ATSEF Steering Committee will meet twice yearly and will be comprised of representatives of participating government agencies, research agencies, non-government organisations, and indigenous and coastal organisations.

Up to four representatives will be nominated by each nation, with nominations reflecting a balance between stakeholders, up to two representatives will be drawn from International Organisations, One person from each national secretariat and the regional coordinator will assist the ATSEF Steering Committee at each meeting. The ATSEF Steering Committee will make decisions by consensus.

Regional Coordination
The primary responsibility for regional coordination shall be undertaken by a Regional Coordinator, who is a participant in the Forum. The regional coordinator is to work with the National Secretariats and inter-governmental and international organisations to facilitate cooperation and collaboration between ATSEF partner organisations in the pursuit of the Forum’s purpose and priorities.

The Regional Coordinator is accountable to the ATSEF Steering Committee. A major responsibility of the Regional Coordinator is to help ensure that the research and other activities approved by the ATSEF Steering Committee are adequately funded.

Rotation and Location of the Regional Coordinator

• The position of the Regional Coordinator will rotate between the littoral nations after a period of no less than two and no more than three years in each nation.
• The Regional Coordinator will be a citizen of the nation undertaking responsibility for regional coordination at the time.
• The Regional Coordinator will be based in the national ATSEF Secretariat while undertaking the role.

Role of Regional Coordinator

The Regional Coordinator is required to:

• report to the Steering Committee on progress and issues requiring the consideration of the Committee during and between meetings of the Steering Committee;
• facilitate linkages between ATSEF members and intergovernmental and international organisations;
• foster communication, collaboration and coordination between ATSEF members through the National Secretariats;
• with the assistance of National Secretariats, organize meetings of the Forum and of the ATSEF Steering Committee;
• assist the National Secretariats ensure that the participants and their priorities receive assistance on an equitable and appropriate basis;
• assist the process of data collation, management and sharing as outlined in Section 3 of this Memorandum;
• facilitate appropriate funding of ATSEF supported activities by national, intergovernmental and international organisations;
• facilitate the development of ATSEF supported proposals that meet both ATSEF priorities and the interests and objectives of potential funding agencies

National Secretariats and of the Arafura and Timor Seas Experts Forum
It is desirable that each of the littoral states has a National Secretariat, which functions in accordance with the purpose, objectives, priorities and principles of ATSEF. National Secretariats may differ according to the circumstances and institutions of the littoral nation, but shall take particular responsibility for fostering capacity building and coordination within the nation.

Roles and Responsibilities of National Secretariats of ATSEF
Each National Secretariat is accountable to the ATSEF Steering Committee. National Secretariats are required to:

• facilitate capacity building in marine and coastal science and other relevant research;
• facilitate collaboration, cooperation and coordination in pursuit of ATSEF objectives
  within and between the littoral nations;
• identify and access sources of funding for research and assist the Regional Coordinator identify and access sources of funding for research and other activities approved by the ATSEF Steering Committee;
• encourage the participation of government agencies, research agencies, private sector, non- governmental organizations and community organizations in ATSEF;
• report to the ATSEF Steering Committee on progress and issues within the littoral nation , compile an annual report and other reports as required.
• National Secretariats of ATSEF may be responsible for accounting for funds for research programs, if the participants request such assistance.

Data Management and Information Sharing

It is agreed that coordinated data management and information sharing between the littoral nations and the participants of ATSEF is essential: for ATSEF to achieve its purpose and objective, to avoid duplication and waste of research resources, and to identify significant gaps in our knowledge of the seas and the marine and coastal biota and ecosystems.

National Secretariats will facilitate data collation and information sharing between members and other relevant organisations into an ATSEF database distributed between appropriate ATSEF member organisations. Existing data nodes in Australia and Indonesia will provide technical advice on the development of the data base.

As part of this priority a focus will be to locate or establish data collation and management capacity where it is most needed, with technical equipment and training in its use as necessary.

Data Coordinator

It is agreed that to prevent duplication of research, and to ensure complementarity of information in the data base, a Data Coordinator will be employed to facilitate construction and maintenance of an ATSEF database and associated web site. The database will contain information and data about where information can be found on activities and research that have occurred in the Arafura and Timor Seas or is relevant to the Seas as well as the owners and/or custodians.

Access to the ATSEF Data Base

The ATSEF database may be accessed by all Forum participants, bona fide stakeholders and researchers pursing research that accords with the purpose and objectives of ATSEF.

Distribution of Sensitive Information

The Data Coordinator will record the level of sensitivity as instructed by the owners and/or custodians of the information or data, as well as any conditions on its use and further dissemination, in regard to all information and data stored on the ATSEF data base.

Financial and Legal Arrangements for the Arafura and Timor Seas Forum

Legal Arrangements

As ATSEF is a non-binding Forum, and as legal systems vary between the nations, ATSEF will not be incorporated as a legal personality. According to circumstances, National Secretariats may be incorporated as a legal personality or as an unincorporated joint venture.

Fiscal Arrangements

Where a contract for the transfer of funds intended for research or infrastructure under the aegis of ATSEF; the participants in the research program for whom the funds are intended will agree among themselves as to which participant organization, with a legal personality, will be the signatory for the contract and accountable for the use of the funds.

The contracting participant for the research program will also be accountable for the equitable sharing of funds with the other program participants, and for maintaining transparent accounting of the funds.

Fiscal Arrangements where the National Secretariat has a Legal Personality

The National Secretariat may enter into a contract with a research funding agency or donor agency, the participants in the research program to be funded under the aegis of ATSEF may prefer that the National Secretariat enters into the contract on their behalf.

Principles and Procedures for the Conduct of Research and Action under the Aegis of ATSEF

In addition to the principles and procedures outlined in Sections 1, 2, 3 and 4, the following principles will apply, to ensure that research and action programs conducted under the aegis of the Forum conform with its Purpose and Objective, as set out in the preamble

• National sovereignty will be respected and permits sought from appropriate government agencies when necessary. National secretariats will offer advice and support, where possible,
• In as far as it is possible, research programs shall include participants from each littoral nation, in keeping with the intention of Article 123 of the Law of the Sea Convention.
• Where the research or action program is directed to priority 1.4, the coastal and indigenous communities involved shall be participants in, and consulted at all stages of the program, from priority setting and design to the conduct of the research.
• Capacity building shall be an integral aspect of the research and action programs to the maximum extent possible.

Preference should be given to:

• projects and activities that clearly meet an agreed ATSEF priority area, with encouragement given to projects addressing more than one priority
• collaborative activities and projects
• outcome focused projects and activities

Agreed to by the ATSEF Steering Committee
Bali October 19, 2003.