MEMORANDUM OF UNDERSTANDING

BETWEEN THE ASEAN SECRETARIAT AND THE UN OFFICE ON DRUGS AND CRIME[1], ON DRUG CONTROL AND CRIME PREVENTION COOPERATION

The Secretariat of the Association of Southeast Asian Nations, hereinafter referred to as the ASEAN Secretariat, and the United Nations Office on Drugs and Crime, hereinafter referred to as the Office on Drugs and Crime,

Considering that ASEAN has been established to promote regional peace, economic development, social progress and cultural development in the region and that these goals can be effectively advanced through cooperation and joint action with other international organizations;

Considering that the Office on Drugs and Crime, which consists of a drug programme and a crime programme, was established in 1997 to enable the United Nations to focus and enhance its capacity to address the interrelated issues of drug control and crime prevention;

Considering further the goodwill and cooperation that have existed between the Office on Drugs and Crime and ASEAN;

Recognizing that the Office on Drugs and Crime cooperates with a network of international and regional organizations to develop a more comprehensive approach and to exchange expertise to address the interrelated issues of drug control and crime prevention;

Desiring to further promote closer relationship and cooperation;

Have agreed as follows:

ARTICLE 1 - Objective

This Memorandum of Understanding (hereinafter referred to as the “MOU”) embodies the understanding of the ASEAN Secretariat and the Office on Drugs and Crime of the importance of working together to facilitate and support the efforts of ASEAN and the Office on Drugs and Crime to address the interrelated issues of drug control and crime prevention.

ARTICLE II – Joint Action for Cooperation

1.       Within the framework of ASEAN’s and the Office on Drugs and Crime’s respective mandates and work-programmes and when in the interest of their respective activities against transnational crime and drug problems, the ASEAN Secretariat and the Office on Drugs and Crime shall identify and develop joint technical co-operation projects and programmes.

2.       The modalities for joint technical co-operation projects and programmes shall be subject to supplementary arrangements in accordance with Article VI.

3.       The ASEAN Secretariat and the Office on Drugs and Crime shall arrange, to the fullest extent possible and so far as is practicable, and subject to their respective policies on confidentiality, for the exchange of information and documents on matters of common interest. This will include, where appropriate, the exchange of information and documents relating to specific projects, programmes or activities with a view to better achieving complementary action and more effective co-ordination between the two organizations.

ARTICLE III – Implementation

1.       In the implementation of joint project activities, the ASEAN Secretariat and the Office on Drugs and Crime shall endeavour to seek the necessary funds for joint programmes and projects on a case-by-case basis, as appropriate, and each organization shall follow its own administrative and financial rules and procedures.

2.       The programmes and projects shall be guided by the relevant United Nations and ASEAN bodies and endorsed through their normal processes.

ARTICLE IV – Mutual Consultation

1.                   With a view to facilitating the attainment of their objectives, and to avoiding duplication of effort, the ASEAN Secretariat and the Office on Drugs and Crime will consult each other on the planning and execution of projects and programmes relating to matters of common concern.

2.                   Attendance at ASEAN and Office on Drugs and Crime meetings would be governed by the "Guidelines on Non-ASEAN Participation in ASEAN Meetings and Activities" and by "Rule 74 of the Rules of Procedure of the Functional Commissions of the Economic and Social Council", respectively.

ARTICLE V - Title Rights

Both the ASEAN Secretariat and the Office on Drugs and Crime shall not make use of any unpublished or confidential information, made known to them from any joint collaboration projects under the MOU, except upon authorization of both the ASEAN Secretariat and the Office on Drugs and Crime. This provision shall remain in force after the expiration or rescission of this MOU.

ARTICLE VI – Supplementary Arrangements

The Secretary-General of ASEAN and the Executive Director of the Office on Drugs and Crime may, if necessary, enter into supplementary administrative arrangements, for the implementation of the present MOU.

ARTICLE VII – Entry into Force and Duration

1.                   This MOU between the ASEAN Secretariat and the Office on Drugs and Crime shall enter into force on the date of its signature.

2.                   This MOU may be terminated by either the ASEAN Secretariat or the Office on Drugs and Crime with six months’ written notice. The termination of this MOU shall not affect supplementary administrative arrangements concluded or entered into during the duration of this MOU. Furthermore, the termination of this MOU shall not prejudice the completion of ongoing programmes and projects agreed by the ASEAN Secretariat and the Office on Drugs and Crime under this MOU.

ARTICLE VIII – Review and Amendment

This MOU may be amended by mutual consent of the ASEAN Secretariat and the Office on Drugs and Crime in accordance with their respective rules and regulations. Such amendments shall be in writing and signed by duly authorized representatives of the ASEAN Secretariat and of the Office on Drugs and Crime.

ARTICLE IX – Dispute Settlement

Any dispute between the ASEAN Secretariat and the Office on Drugs and Crime, concerning the interpretation and implementation of the present MOU, shall be settled amicably through consultation and negotiation between ASEAN Secretariat and the Office on Drugs and Crime.

IN WITNESS WHEREOF, the Undersigned have signed this Memorandum of Understanding.

DONE in duplicate in …………….. on this …………….. day of ………..…. in the

year …………… in the English language, both texts being equally authentic.