Australia-Indonesia MoU Signing 2 - Tobias Feakin

Australia and Indonesia sign an expanded MoU on Cyber and Emerging Cyber Technology Cooperation

On 8 September 2021, during a virtual signing ceremony, Australia and Indonesia signed a refreshed and expanded bilateral Memorandum of Understanding (MoU) on Cyber and Emerging Cyber Technology Cooperation.

Australia was represented by Dr. Tobias Feakin, Australian Ambassador for Cyber Affairs and Critical Technology, and Indonesia by Lieutenant General (Ret.) Hinsa Siburian, Head of the National Cyber and Crypto Agency (BSSN) of Indonesia.

The MoU was announced by Australia’s Minister for Foreign Affairs, Senator the Hon Marise Payne, following the Indonesia-Australia Foreign and Defence Ministers 2+2 meeting on 9 September.

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF INDONESIA

AND

THE GOVERNMENT OF AUSTRALIA  

ON

CYBER AND EMERGING CYBER TECHNOLOGY COOPERATION

 

The Government of Australia, and the Government of the Republic of Indonesia, (hereinafter referred to collectively as “the Participants” and singularly as “the Participant”):

Reaffirming the strong bilateral relations under the Australia-Indonesia Comprehensive Strategic Partnership;

Noting with satisfaction the cooperation that had been fostered under the iteration of the Memorandum of Understanding between the Government of the Republic of Indonesia and the Government of Australia on Cyber Cooperation, signed in Bogor on    31 August 2018 and extended on 31 August 2020 by mutual written consent of the Participants.

Noting their shared interest in strengthening cooperation on cyber and emerging cyber technology issues between the Participants based on the principles of equality and reciprocity and thereby contributing to the mutual benefit and friendly relations between the two countries;

Desiring to promote open, secure, stable, accessible and peaceful use of cyberspace, which drives economic prosperity, protects national security and promotes international stability;

Recognising as a result of increasing interconnectivity, information systems and networks are now exposed to a growing number of threats and vulnerabilities which impact prosperity and national security;

Further Reaffirming their commitment to promote stability for cyberspace based on existing international law; agreed voluntary and non-binding norms of responsible state behaviour, practical confidence building measures, and cooperative capacity building;

Recalling and reaffirming commitments within the Second Australia-Indonesia Cyber  Policy Dialogue Joint Statement at the 2018 Australia-Indonesia Cyber Policy Dialogue, to act in accordance with agreed voluntary and non-binding norms of responsible state behaviour;

Respecting the principles of sovereignty, territorial integrity, mutual respect, non-interference in the internal affairs of each Participant; and

Pursuant to the relevant laws and regulations and international commitments of the Participants.

Have reached the following understandings;

 

Term 1

Purpose

The purpose of this Memorandum of Understanding (hereinafter referred to as “MoU”)  is to promote partnerships and provide a framework of cooperation on cyber and emerging cyber technology issues between the Participants.

 

Term 2

Scope of Cooperation

 

The Participants will undertake the following cooperation:

  1. Sharing of Information and Best Practice
    1. Participants will conduct information sharing on laws and legislation, national cyber strategies and policies, as well as cyber incident management procedures;
       
    2. Participants will consult and coordinate on cyber incident response and cyber threat information, especially when cyber incidents have a direct impact on the    Participants;
       
    3. Participants will share views, experiences, lessons learned and best practices on cyber issues as well as risks and opportunities posed by emerging cyber technology issues which have the capacity to significantly enhance or pose risk to national security.

 

  1. Capacity Building and Strengthening Connection
    1. Participants will support skills and knowledge development for personnel working across the breadth of cyber and emerging cyber technology issues, including through training and workshops, as well as scholarships for master’s and PhD programs;
       
    2. Participants will facilitate links between government, private sector, academic and research institutions working across the breadth of cyber and emerging cyber technology issues, with the aim of strengthening learning, development and research outcomes;
       
    3. Participants will explore linking research institutions and universities to strengthen teaching, learning and research outcomes in cyber and emerging cyber technology issues;
       
    4. Participants will work together to deepen understanding of the application of international law and norms in cyberspace, as well as supporting the development and operationalisation of practical confidence building measures  in the region to promote the development of open, secure, stable,  accessible and peaceful cyberspace.
       
  2. Digital Economy
    1. Participants will work together to foster innovation,    and promote growth of the secure digital economy, including through sharing of information and expertise;
       
    2. Participants will support sharing of national policies, best practice and strategies to promote the secure digital economy.
       
  3. Cybercrime
    1. Participants will work together to enhance international cooperation to combat the evolving challenges of cybercrime, including through sharing information and expertise on national laws, strategies and practices;
       
    2. Participants will promote stronger cyber forensic and investigation capabilities, including through sharing of training opportunities.

 

 

Term 3

Cyber Policy Dialogue

 

  1. The Participants will conduct a Cyber Policy Dialogue.
     
  2. The dialogue has the purpose to advance the shared interests of the Participants related to the full spectrum cyber and emerging cyber technology issues, as well as a forum to exchange views and review their cooperation under this MoU.
     
  3. The dialogue will be participated in by representatives from cyber and emerging cyber technology related institutions of the Participants.
     
  4. The dialogue will be co-chaired by the Participants and be convened annually, or at any other time as mutually determined by the Participants.
     
  5. The Participants will consult each other on the agenda of the dialogue, and the mutually determined agenda will be communicated through diplomatic channels, including the date and place of the dialogue.

 

Term 4

Focal Points

 

The Participants have identified the following focal points for the purpose of the implementation of this MoU:

  1. For Australia: Department of Foreign Affairs and Trade (DFAT); 
     
  2. For Indonesia: National Cyber and Crypto Agency (BSSN).

 

Term 5

Implementing Arrangements

 

  1. Relevant institutions of the Participants may arrange between themselves the establishment of implementing arrangements, or other mutually determined written arrangements, under this MoU.
     
  2. The arrangements mutually determined upon by the relevant institutions of the Participants will serve to implement the scope of cooperation.
     
  3. The establishment, finalisation, and implementation of the arrangements under this MoU will be coordinated and by consent of the respective focal points as stipulated in Term 4 of this MoU.

 

Term 6

Financial Arrangements

 

  1. Each Participant will bear its own costs associated with the activities and participation under this MoU.
     
  2. Other financial arrangements may be carried out as mutually determined by the Participants.

 

Term 7

Settlement of Dispute

 

  1. Any dispute arising out of the interpretation and implementation of this MoU will be settled amicably by the Participants through mutual consultations and negotiations between the Participants through diplomatic channels.
     
  2. Disputes will not be referred to any third party, court or international tribunal.

 

Term 8

Confidentiality

 

  1. The Participants commit to protect the confidentiality of information, technology, and/or data exchanged between the Participants under this MoU against unauthorised disclosure in accordance with the Participants’ domestic laws, regulations, policies, and directives. This does not apply where the information is legally accessible to the public.
     
  2. Any information, technology, and/or data exchanged under this MoU will not be transmitted to a third party without prior written consent of both Participants.
     
  3. The terms under this Term 8 will survive the termination of this MoU.
     

Term 9

Amendment

 

The Participants may propose an amendment to this MoU by submitting it in writing to the other Participant. An amendment will be effected only upon the mutual written consent of the Participants.

 

Term 10

Legal status of the MoU

 

  1. This MoU does not create any legally binding obligations, and does not alter or affect any existing agreements between the Participants.
     
  2. The Participants acknowledge that this MoU is not an international agreement and  will not create legal obligations governed by their respective domestic law or international law.
     
  3. The terms of this MoU operate subject to, and do not supersede respective international obligations and domestic laws, policies and procedures of the Participants.

 

Term 11

Supersedes Prior MoU

 

This MoU supersedes and replaces the MoU Between the Government of Republic of Indonesia and the Government of Australia on cyber cooperation, signed by both Participants in Bogor on 31 August 2018 and extended by mutual written consent by the Participants on 31 August 2020.

 

Term 12

Commencement, Duration, and Termination

 

  1. This MoU will come into effect on the date of signature by both Participants and will remain in effect for a period of two (2) years, unless terminated by either Participant by giving at least one (1) month prior written notice of the intended date of termination to the other Participant.
     
  2. Termination of this MoU will not affect the implementation of activities that were decided upon or any ongoing activities prior to the date of termination.
     
  3. This MoU may be extended at any time within the period it remains in effect by mutual written consent of the Participants.
     
  4. Any intent to terminate or extend this MoU will be communicated through diplomatic channels.

 

IN WITNESS WHEREOF, the undersigned have signed this MoU. 

 

Signed in duplicate in Canberra and Jakarta, on 8 September 2021, in the Indonesian and English languages, all texts being equally valid. In case of any discrepancy in interpretation, the English text will pr

 

 for the Government of 

the Republic of Indonesia

 

 

 

 

Lt. Gen. (Ret) Hinsa Siburian

Head of National Cyber and  Crypto Agency of the  Republic of Indonesia

 

                                                                                                                         

 

for the Government of

Australia

 

 

 

 

Dr. Tobias Feakin

Ambassador for Cyber Affairs and Critical Technology
Department of Foreign Affairs and Trade of the Government of Australia