MACEDONIA-U.S. MOU ON ASSISTANCE CEMENTS GOM COMMITMENT

UNCLAS SECTION 01 OF 04 SKOPJE 000469

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STATE PLEASE ALSO PASS USAID

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TAGS: EAID PREL PGOV MK
SUBJECT: MACEDONIA-U.S. MOU ON ASSISTANCE CEMENTS GOM COMMITMENT

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1. (U) On September 15, Ambassador Reeker and Deputy Prime Minister
for Euro-integration Vasko Naumovski signed a groundbreaking
bilateral Memorandum of Understanding "Concerning Training and
Related Assistance." The MOU ensures proper selection of Government
of Macedonia employees who will receive USG-funded training, and
stipulates that they will remain in positions that utilize the
training for a reasonable period (full text in para. 5). USAID
Mission had the lead, on behalf of all U.S. Agencies at post, to
draft and negotiate the terms and conditions of the agreement.


2. (U) In recent months Prime Minister Gruevski has shown increased
commitment to be informed on the full range of U.S. assistance
programs. Gruevski and the Ambassador have led two meetings with
the entire cabinet on U.S. assistance (Jan 22 and May 29),and at
both meetings Gruevski instructed certain ministers on the spot to
correct problems we have encountered with certain GoM agencies in
implementing our programs or obtaining ministerial buy-in.
Ambassador Reeker raised this MOU idea at the May 29 meeting, and
Gruevski promptly agreed to it in principle.


3. (SBU) To our knowledge, this is the first time the U.S. has
enacted a comprehensive bilateral arrangement to address the problem
of USG-funded training or other investment going to waste due to
dismissals or transfers that have occurred frequently here. This
has not only been due to a change of government, which brings on
waves of hiring and firing under the patronage system, but even when
the same party is in power. In some cases, it appeared that
jealousy of senior officials or even ministers at certain employees
having received U.S. training (especially if it involved foreign
travel) played a role. In recent years, this problem has adversely
affected GOM employees trained as organized crime prosecutors,
police and border security, military personnel, judges, teachers and
other civil servants. This MOU affects GOM participants from
Department of Justice, Department of Defense, Public Affairs as well
as all USAID programs.


4. (U) In our public outreach, Embassy emphasized that the MOU is
another manifestation of the USG's continuing commitment to
implement the Declaration of Strategic Partnership and Cooperation
signed in Washington last year. The Sept. 15 signing received wide
media coverage which highlighted how this agreement would improve
the civil service in Macedonia.


5. (U) Full text of MOU follows:

MEMORANDUM OF UNDERSTANDING

Between

THE GOVERNMENT OF THE UNITED STATES OF AMERICA

and

THE GOVERNMENT OF THE REPUBLIC OF MACEDONIA

Concerning Training and Related Assistance


1. Purpose

The Government of the United States of America (USG) and the
Government of the Republic of Macedonia (GOM),collectively "the
Participants", wish to cooperate in a mutual effort to build the
capacity and improve the performance of various Ministries,
departments, and offices of the GOM. The USG wishes to furnish and
the GOM wishes to receive in-kind assistance for this purpose.
Accordingly, the Participants hereby set forth their understandings
with respect to their activities in support of this purpose.



2. Background

Since 1993 the USG has provided nearly $1 billion in military,
economic, security and development assistance to the Republic of
Macedonia. A significant and critical portion of this assistance has
been and continues to be furnished through training and
training-related programs for the GOM. Experience demonstrates that
such assistance is most effective when the participating USG and GOM
representatives clearly set forth their expectations and
understandings about these programs and closely coordinate with one
another before, during and after implementation of the training
activities. This MOU is intended to ensure that such communication
and coordination take place across the range of training assistance
provided by several USG departments and agencies to various parts of
the GOM and to enhance the longer term impact and sustainability of
such assistance for the continuing benefit of the GOM in its effort
for public administration reform.


3. Roles and Undertakings of the Participants


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3.1. General

The USG, through its various departments and agencies and their
implementing partners, intends to continue to furnish to the GOM
in-kind assistance in the form of training programs ("USG-supported
training"),including activities such as courses of study, degree
programs, workshops, seminars, mentoring, internships and study
tours, as well as related equipment and other commodities. The GOM,
acting through its various Ministries and their departments and
offices, intends to participate in and facilitate the implementation
of the USG-supported training and to make effective use of this
assistance, as described more specifically herein.

The Participants expect that additional MOUs, arrangements,
implementation letters or other documents may be executed between
agencies or departments of the USG and those of the GOM in order to
set forth additional or more specific expectations and
responsibilities associated with certain USG-supported training.

3.2. Needs Assessment

Once the USG has identified an area in which it intends to furnish
USG-supported training to the GOM, the Participants intend to
consult closely on an appropriate type of training program, as well
as its timing and implementation. The GOM intends to furnish
relevant information and provide the USG with broad access to staff
at various levels, sufficient to allow for a thorough assessment of
the capacity and needs of the governmental units and individuals
that would receive the training.

The training program is intended to be in line with the GOM national
strategy on training of civil servants and included in the relevant
annual training programs of the ministries and other departments and
offices of the GOM.

Representatives of the GOM and the USG intend by the end of November
each year to hold consultations and establish priorities for the
training program for the following year.

3.3. Selection of Participants

The Participants intend to consult closely in identifying and
selecting suitable GOM participants for the USG-supported training.
Based on the nature and purpose of the training program, the GOM
intends to nominate or recommend those individuals for whom the
training is most appropriate, taking account of their capabilities
and their duties and responsibilities with the GOM. The
Participants intend to consult on and take into account USG policies
and requirements for the participation of minorities and women in
USG-supported training. Upon request by the USG, the GOM intends to
pre-screen possible participants for eligibility and availability
for the training program and, subject to privacy laws or other legal
restrictions, assist in providing information necessary for USG
screening or vetting procedures.

The GOM intends to ensure that selection of participants is in line
with the Law on Civil Servants, other applicable laws and
regulations in the Republic of Macedonia and relevant national
standards on human resources development and management.

3.4. Logistical Support

In planning the USG-supported training, the Participants intend to
consult on and coordinate their specific contributions to
implementation of the program. The GOM intends to use its best
efforts to provide appropriate and useful logistical support,
including things such as venue, interpretation, transportation,
etc., for the USG-supported training. Such logistical support is
ordinarily expected to be an in-kind contribution to the training
program, provided at no cost to the USG.

3.5. Retention and Assignment of Training Participants

In order to ensure that the GOM receives the full benefit of USG
assistance, the GOM intends to take all reasonable steps to ensure
that any employee who has received USG-supported training is
retained in or assigned to the position for which the employee was
selected to participate in the training, or in a substantially
similar position, for an appropriate period of time following the
training program. The Participants intend that for training programs
that are highly specialized or involve significant time and
resources, the trained employee should be retained in or assigned to
such position for a period of at least two years. This understanding
concerning retention and assignment is not intended to restrict
promotion or advancement of the employee, so long as the GOM
continues to realize the full benefit of the USG-supported training.


The GOM further intends to take all reasonable steps to ensure that
individuals trained as trainers, or trained with the expectation
that they will share their training with others through mentoring,

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on-the-job training or other means of instruction, are assigned to
positions that will allow them to carry out such training or
instruction.

The Participants further understand and intend that for some
training programs, the obligations and expectations concerning
employee retention and assignment should be more specifically
provided in documents supplementary to this MOU, as discussed in
Section 3.1 above.

The GOM further intends to ensure that retention and assignment of
training participants is in line with the Law on Civil Servants and
other relevant laws and regulations.

3.6. Review and Evaluation

The GOM intends to facilitate, participate in, and make staff and
information available for reviews and evaluations of USG-supported
training. The Participants intend to share with one another, as
appropriate, the results of such reviews and evaluations.


4. General Provisions

4.1. Coordination and Consultation

The Participants intend to provide each other with such information
as may be needed to facilitate provision of the assistance hereunder
and to monitor the effectiveness of the assistance. The
Participants also intend to meet at least semi-annually to review
assistance hereunder and otherwise share relevant information. The
Participants intend to regularly exchange information on the
participation of GOM participants in the training programs. Any
issues concerning the interpretation, administration or
implementation of this MOU should be resolved by consultation
between the Participants.

4.2. Screening of Training Participants

In order to comply with US laws and policy, individuals proposed for
participation in USG-supported training are to be screened to ensure
that they have not been involved in human rights violations,
terrorist activities, narcotics trafficking or certain other
criminal offenses. Individuals may be excluded from participation
in USG-supported training if they have been involved in such
activities or if insufficient information is available to conduct
such checks to the satisfaction of the USG. The GOM intends to
assist in providing, consistent with applicable law, information
necessary for the USG to screen potential training participants.

4.3. Effect of the MOU

This MOU does not constitute a legal obligation or binding agreement
or effect an obligation of funds by the USG or the GOM, nor does it
contemplate a transfer of funds from the USG to the GOM.

4.4. Third Party Instruments and the Availability of Funds

In order to provide the assistance described in this MOU, the USG
may enter into such contracts and other instruments with public and
private parties as the USG deems appropriate. All assistance and
undertakings of the USG pursuant to this MOU are subject to the
availability of funds and to further agreement between the USG and
such public and private parties regarding the provision of such
assistance.

4.5. Commodities and Other Property

It is anticipated that during implementation of the assistance
described in this MOU custody, control and ownership of commodities
and other property ("the Property"),including intellectual
property, should be transferred to the GOM. The Property should be
used to support the purpose for which it has been provided, both
during and after the term of this MOU. The GOM is to register,
record or otherwise document the Property as required under
applicable law, including to record ownership in the GOM's name and
should pay any applicable taxes or other charges in connection with
such registration or transfer in the event exemptions are not
available.

The GOM intends to establish procedures, or include the Property in
procedures already established by the GOM, for the receipt, use,
maintenance, protection, custody and care of the Property, including
the establishment of reasonable controls to enforce such procedures.
The GOM intends to take all reasonable steps necessary to ensure
that the Property is not damaged, lost, stolen or misused, and is
properly maintained, available and usable for the purposes for which
is was provided. The GOM intends to maintain records adequate to
show receipt, location, condition, maintenance and use of the
Property, provide the USG reports regarding such matters as the USG
may reasonably request, and afford authorized representatives of USG
or their designees the opportunity, at reasonable times, to inspect

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the Property and records relating thereto.
The Participants intend that the USG has the right to require from
the GOM return of, or refund of the value of, any Property provided
in connection with USG-supported training but not used in accordance
with the terms of this MOU.

4.6. Publicity

The GOM intends to give appropriate publicity, in consultation and
as mutually determined with the USG, to the assistance described in
this MOU as programs to which USG has contributed.

4.7. Relation to Framework Bilateral Agreement

The assistance provided by the USG hereunder is part of the United
States Government's program of assistance to Macedonia under the
Agreement Concerning Economic, Technical and Related Assistance
signed by the Government of the Republic of Macedonia and the U.S.
Government on September 9, 2001, and is to be subject to the terms
and conditions of that Agreement, including provisions relating to
exemption from taxes and customs duties.

4.8. Amendments and Discontinuation

This MOU may be modified in writing by the Participants. Either
Participant may discontinue its participation in this MOU by giving
the other Participant thirty (30) days written notice.

4.9. Effective Date and Term

This MOU is intended to be effective upon signature of both
Participants and is to remain in effect until September 30, 2016 or
until discontinued, whichever is earlier, unless extended in writing
by the Participants.
4.10. Language

This MOU is prepared in both English and Macedonian. In the event
of ambiguity or conflict between the two versions, the English
language version is to control.

Signed at Skopje, this 15th day of September, 2009,


THE GOVERNMENT OF THE UNITED STATES OF AMERICA


Philip T. Reeker, Ambassador



THE GOVERNMENT OF THE REPUBLIC OF MACEDONIA



Ph.D. Vasko Naumovski, Deputy Prime Minister

NAVRATIL