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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-1127
 

EDUCATION
 

Memorandum of Understanding 

Between the 

UNITED STATES OF AMERICA 

and MALAYSA 

Signed at Putrajaya November 27, 2017 

with 

Appendix 
 

 

 

NOTE BY THE DEPARTMENT OF STATE 

Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)— 

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 

 

 

 

 

 

 

 

MALAYSIA 

Education 

Memorandum of understanding signed at 

Putrajaya November 27, 2017; 

Entered into force November 27, 2017; 

With effect from May 3, 2017. 

With appendix. 
MEMORANDUM OF UNDERSTANDING 

BETWEEN 

THE GOVERNMENT OF MALAYSIA 


AND 


THE GOVERNMENT OF THE UNITED STATES OF AMERICA 


ON 


THE FULBRIGHT ENGLISH TEACHING ASSISTANT PROGRAM 


THE GOVERNMENT OF MALAYSIA, as represented by the Ministry of 

Education of Malaysia (hereinafter referred to as '1he MOE") AND THE 

GOVERNMENT OF THE UNITED STATES OF AMERICA, as 

represented by the U.S. Embassy in Kuala Lumpur (hereinafter referred 

to as "the U.S. Embassy") (hereinafter referred to singularly as "the Party"· 

and collectively as "the Parties"), 

RECOGNIZING the existing friendly relations between the two countries; 

DESIRING to strengthen and further develop co-operation between the 

two countries in the field of English language education; 

CONVINCED of the necessity of a lasting and effective co-operation in 

the interest of both countries; 
RECALLING the Memorandum of Understanding Between the 

Government of the United States of America and the Government of 

Malaysia on the Fulbright English Teaching Assistant Program, signed at 

Kuala Lumpur on August 8, 2012, with effect from May 3, 2011, as 

amended and extended by exchange of notes dated April 8 and 11, 2014; 

and 

BELIEVING that such co-operation would serve their common interests 

and contribute to the enhancement of education of the English language 

and social development of both countries, 

HAVE AGREED as follows: 

ARTICLE I 


OBJECTIVE 


The Parties, pursuant to this Memorandum of Understanding (hereinafter 

referred to as "MOU") and the laws, rules, regulations and national policies 

in force in each country, agree to strengthen, promote and develop the 

provision of education and training in the English language while 

upholding the Malay language, between the two countries on the basis of 

equality and mutual benefit. 

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ARTICLE II 


AREA OF COOPERATION 


Each Party shall, subject to the laws, rules, regulations and national 

policies in force that govern the subject matter in its respective country, 

endeavour to take necessary steps to encourage and promote cooperation in the administration of the Fulbright English Teaching Assistant 

("ETA") program ("the Program"), whose Terms of Reference are as 

prescribed in Appendix A, which is an integral part of this MOU. 

ARTICLE Ill 


DESIGNATED AUTHORITY 


The designated authority. responsible for the implementation of this MOU 

on behalf of the Government of Malaysia shall be the MOE. The 

designated authority responsible for the implementation of this MOU on 

behalf of the Government of the United States ofAmerica shall be the U.S. 

Embassy. The Malaysian-American Commission on Educational 

Exchange (hereinafter referred to as "MACEE"), the binational Fulbright 

Commission in Malaysia established by the Parties in 1963, shall manage 

and coordinate the Program in Malaysian national schools together with 

the MOE, with the assistance and guidance of the U.S. Embassy. 

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ARTICLE IV 


IMPLEMENTATION 


The Parties agree that the areas of cooperation under this MOU shall be 

carried out through the MOE and MACEE in the manner as specified in 

Appendix A. 

ARTICLEV 


JOINT WORKING GROUP 


1. 	The Parties shall establish, consistent with the authorities of the 

binational Board of MACEE, a Malaysia-United States of America Joint 

Working Group (hereinafter referred to as the "Joint Working Group") 

to implement this MOU. 

2. 	 The Joint Working Group shall consider ways and means to promote 

the aforesaid objective and ensure the proper co-ordination and 

implementation of its decisions and/or recommendations. 

3. 	 The Joint Working Group shall be co-chaired by the MOE and the U.S. 

Embassy, with participation from MACEE and other relevant agencies 

of both countries as appropriate. 

4. 	 The Joint Working Group shall meet at least twice a year or as the 

Parties may otherwise determine to review the implementation of this 

MOU. 

5. 	 The Joint Working Group shall meet at a date convenient to and 

mutually agreed upon by the Parties. 

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ARTICLE VI 


FINANCIAL ARRANGEMENTS 


1. 	The financial arrangements to cover expenses for undertakings within 

the framework of this MOU shall be mutually decided in writing by the 

Parties on an annual basis, subject to the availability of funds. 

2. The Government of Malaysia's contribution to the Program undertaken 

within the framework of this MOU is estimated at six million Malaysian 

Ringgit (MYR 6,000,000.00) per year, for three (3) years. 

3. 	Notwithstanding paragraphs 1 and 2 above, expenses for organizing 

the meetings of the Joint Working Group shall be borne by the Party 

hosting each meeting. The Party sending its representatives for 

participation in the meetings of the Joint Working Group shall bear their 

travel and living expenses. 

ARTICLE VII 


PARTICIPATION OF THIRD PARTY 


Either Party may invite the participation of a third party in the joint 

activities, projects and/or programs being carried out under this MOU 

upon the agreement of the other Party to the MOU. In carrying out such 

joint activities, projects and/or program, the Parties shall ensure that the 

third party shall comply with the provisions of this MOU. 

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ARTICLE VIII 


PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 


1. 	The protection of intellectual property rights shall be enforced in 

conformity with the respective national laws. rules and regulations of 

each Party and with international agreements in force between the 

Parties. 

2. 	The use ofthe name, logo and/or official emblem of either of the Parties 

on any publication or final document produced under this MOU is 

prohibited without the prior written approval of the affected Party. 

3. 	Any intellectual property created 

(i) 	 jointly by the Parties, shall be jointly owned by the Parties in 

accordance with terms to be mutually agreed upon; and 

(ii) 	 solely and separately by one Party, shall be solely owned by the I 

Party concerned. 

ARTICLE IX 


CONFIDENTIALITY 


1. 	Each Party shall undertake to observe the confidentiality of documents. 

information and other data received from or supplied to the other Party 

during the period of implementation of this MOU or any other 

agreements made pursuant to this MOU, to the extent permissible by 

law. 

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2. Both Parties agree that the provisions of this Article shall continue to 

be binding upon the Parties notwithstanding the termination of this 

MOU. 

ARTICLEX 


SUSPENSION 


Each Party reserves the right for reasons of national security, national 

interest, public order or public health to suspend temporarily, either in 

whole or in part, the implementation of this MOU, which suspension shall 

take effect immediately after notification has been given to the other Party, 

in writing, through diplomatic channels. 

ARTICLE XI 


AMENDMENT 


1. 	 Either Party may request in writing an amendment of all or any part of 

this MOU, including Appendix A. 

2. 	 Any amendment agreed to by the Parties shall be reduced to writing 

and shall form part of this MOU. 

3. 	 Such amendment shall enterinto force on such date as may be agreed 

upon by the Parties. 

4. 	 Any amendment shall not prejudice the rights and obligations arising 

from, or based on, this MOU before or up to the date of such 

amendment. 

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ARTICLE XII 


SETTLEMENT OF DISPUTES 


Any difference or dispute between the Parties concerning the 

interpretation, implementation, and/or application of any of the provisions 

of this MOU shall be settled amicably through mutual consultation and/or 

negotiations between the Parties through diplomatic channels, without 

reference to any third party or international tribunal. 

ARTICLE XIII 


PROTECTION UNDER OTHER INTERNATIONAL AGREEMENTS 


OR TREATIES 


This MOU shall not prejudice any rights or obligations ofthe Parties arising 

from any other international agreements or treaties. 

ARTICLE XIV 


ENTRY INTO FORCE. DURATION AND TERMINATION 


1. 	This MOU shall enter into force upon sign~ture with effect from May 3, 

2017, and shall remain in force through December 31, 2020. 

2. Nothing in this MOU shall be interpreted to affect the implementation 

of any on-going activities, projects and/or programs which had been 

agreed upon by the Parties prior to the date on which this MOU enters 

force, unless the Parties agree otherwise. 

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3.. This MOU may be extended for a further period as may be jointly 

agreed upon in writing by the Parties. 

4.. Either Party shall give three (3) months' written notice to the other Party 

of its intention to terminate this MOU. 

5. The termination of this MOU shall not affect the implementation of any 

on-going activities, projects and/or programs which have been agreed 

upon by the Parties prior to the date of termination of this MOU, unless 

the Parties agree otherwise. 

. IN WITNESS WHEREOF, the undersigned, being duly authorized by their 

respective Governments, have signed the present MOU. 

DONE at PUTRAJAYA, this TWENTY-SEVENTH day of NOVEMBER, 

2017, in two (2) original copies, in the English language. 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF 

MALAYSIA: THE UNITED STATES OF 

AMERICA: 

••..................•..•..••••.•........ 

. . Dato' Sri Alias bin Ahmad 

...14:..!!:..'.. ..§ .............. . 
 Mr. Dean Thompson 

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APPENDIX A 


FULBRIGHT ENGLISH TEACHING ASSISTANT PROGRAM 


TERMS OF REFERENCE (TOR) 


1. 	. The Government of Malaysia agrees to cooperate with the 

Government of the United States of America (collectively, the 

Parties) on the implementation of the Fulbright English Teaching 

Assistant (ETA} Program (the Program). During the three (3)-year 

period beginning in January 2018, three hundred (300) ET As shall 

be selected and placed in schools. The maximum number of ET As 

selected and placed each year shall be one hundred (100). 

2. 	 The Malaysian-American Commission on Educational Exchange 

(MACEE), as the. binational Fulbright Commission in Malaysia 

established by the two governments in 1963, will manage and 

coordinate the Program in Malaysian national schools together with 

the. Ministry of Education (MOE), with assistance and guidance from 

the United States (U.S.) Embassy. 

3. 	 FoF the purpose of implementing this Program, a Joint Working 

Group (JWG) shall be established by the Parties. The JWG shall 

be co-chaired by the MOE and the U.S. Embassy, with participation 

from the MACEE Board and other agencies, as appropriate. The 

JWG shall meet at least twice a year or-as the Parties may otherwise 

determine to review the implementation of this Program. 

4. 	 An MOE Program secretariat shall be affiliated with the MOE's 

School Management Division (SMD ). 

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5. 	 The MOE shall provide MACEE with a list of criteria for the 

recruitment and selection of ETAs, and MACEE and the U.S. 

Embassy shall endeavor to provide ET As accordingly. Final 

selection of ET As shall be made by the MACEE Board and the U.S. 

Embassy in accordance with established Fulbright procedures. 

6. 	 MACEE and the U.S. Embassy shall recruit and select all ETAs for 

this Program. Selection shall be from among recent U.S. university 

graduates who have applied to the Program through MACEE. 

7. 	 MACEE shall provide a list of ETA finalists to the MOE prior to their 

placement in schools. The MOE's recommendations of ETAs shall 

be given due consideration by the U.S. Embassy and MACEE 

before any ET As are placed in Malaysian schools. 

8. 	 The MOE is responsible for the selection of schools and the 

placement of the ETAs, in consultation with the U.S. Embassy and 

MACEE. 

9. 	 The MOE shall facilitate the issuance of visas for all ETAs with the 

Immigration Department ofthe Ministry of Foreign Affairs. The MOE 

shall be responsible for the payment of visa fees. 

10. 	 MACEE and the U.S. Embassy shall j9intly conduct a two (2)-week 

pre-orientation program and security briefing for all ET As upon 

arrival in Kuala Lumpur, and will include the MOE in the program to 

provide. the ET As with the necessary knowledge and information 

required to work effectively in a Malaysian schools and community. 

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11. 	 The MOE shall conduct a separate, one ( 1 )-week state orientation 

before placing the ETAs in schools. During this orientation, ETAs 

will be provided with the knowledge necessary for them to function 

effectively in schools. The MOE shall ensure that an additional, 

specific briefing is carried out for all ET As and the respective 

schools on the responsibilities of the ET As in Malaysian schools. 

12. 	 The MOU shall place all ETAs in a Malaysian school no later than 

the last week of January. The MOE will ensure that district level 

police are informed of ETA placements in their districts. 

13. 	 · MACEE shall select a Program coordinator for each state. The 

Program coordinator is responsible for the welfare and monitoring 

of ET As. The Prpgram coordinator will liaise with the State 

Education Department (SEO) and District Education Office, should 

there be any issues pertaining to ET A responsibilities and 

performance in schools. 

14. 	 The MOE shall appoint mentors to assist ETAs with logistical 

arrangements and to ensure the effective functioning of ETAs. The 

MOE shall ensure that the mentors and school principals are briefed 

on their roles and responsibilities in the administration of the 

Program. 

15. 	 ETAs,· each school's Head of English Panel, mentors and school 

administrators shall jointly develop a plan of activities to be 

conducted throughout the duration of an ET A's placement. These 

activities shall include classroom and extra-curricular activities to be 

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· · carried out by the ET As. All activities shall be coordinated by ET As 

with the cooperation and assistance of all teachers, mentors and 

school administrators. 

16. 	 ETAs are not teachers. As native English speakers, their purpose is 

to help facilitate the teaching and learning of the English language 

inside and outside of the classroom, by interacting with the students, 

·and through various forms of activities and through other subjects. 

ETAs should make efforts to stimulate the interest and promote the · 

use of the English language through academic, co-academic or 

extra-curricular activities. In addition, the ET As serve as cultural 

ambassadors, to help foster closer 'people to people' ties between 

the citizens of the United States and Malaysia. 

17. 	 ETAs shall not be required or permitted to: 

(i) 	 Teach formal lessons; 

(ii) 	 Replace other teachers or be alone in the classroom with 

students (without the presence of teachers); 

(iii) Conduct extra classes outside of normal school hours in the 

afternoon, evening or on weekends without the ETA·s prior 

consent and early notification; 

(iv) Conduct programs during school breaks and Malaysian public · 

holidays without the ET A's prior consent and early notification; 

(v) 	 Prepare exam papers; 

(vi) Grade exam papers or students; 

(vii) Sit on school working committees or groups for administrative 

purposes or carry out duties normally undertaken by teachers; 

(viii)Pay for lodging or accommodation; 

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(ix) Bring outsiders to the school or arrange for outsiders to be in 

contact with the students without prior permission from the 

school management and parents; or 

(x) 	 Bring items prohibited by the Malaysian government, the MOE, 

or the school to the school and in contact with the students. 

18. 	 ETAs shall be required to have a minimum of five (5) contact hours 

daily during school and official extra-curricular activities hours. Prior 

consent from the ETA shall be obtained for any activities under the 

Program to be planned and scheduled outside of school and official 

extra-curricular activities hours, school holidays and Malaysian 

public holidays. 

19. 	 The MOE shall provide guidance to ETAs on general school 

regulations, social conduct, and cultural norms relevant to the 

Program. 

20. 	 The MOE shall advise the schools on the code of conduct and 

proper way for the school administration and teaching staff to treat 

ET As. 

21. 	 MACEE shall advise and help ensure that ETAs abide by the 

guidelines provided by the MOE on school regulations, and the do's 

and don'ts of various cultural and religious practices. 

22. 	 The MOE shall accord seven (7) days of leave to each ETA 

throughout his/her ten (10)-month tenure as an ETA, in addition to 

Malaysian or school holidays. ETAs shall be required to obtain 

approval from their respective schools and the SEO before going on 

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·leave, except in the event of an emergency, in which case approval 

may be sought while- on leave. 

23. 	 MACEE shall advise ET As that they should consult and obtain 

approval from MACEE, their host school, and the SEO prior to 

leaving the country. 

24. 	 Representatives from the MOE and MACEE or the U.S. Embassy 

shall, from time to time, visit the ET As at their respective schools to 

monitor their progress and welfare. MACEE or the U.S. Embassy 

shall notify the MOE at least three (3) days in advance of such visits, 

but shall not be required to obtain permission for the visits. 

25. 	 The MOE and MACEE shall provide feedback to each other on the 

progress of ETAs and their respective schools. 

26. 	 MACEE shall submit a mid-year and an end-of-year program report 

to the MOE. 

27. 	 The MOE, MACEE, and the U.S. Embassy shall consult one another 

to resolve any disputes, security concerns, or disciplinary issues 

with ET As, host schools, or other entities. 

·28. 	 MACEE shall use the funding provided by the Government of 

Malaysia for the following items: 

: (i) 	 A pre-orientation program in Kuala Lumpur for ET As, jointly 

conducted by MACEE and the U.S. Embassy; 

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(ii) 	 An orientation program in each state in which ETAs are 

placed, organized by the respective SEO; 

(iii) 	 A briefing for all ET As and the respective schools on the 

responsibilities of the ET AS in Malaysian schools; 

(iv) 	 Accommodations for ET As; 

(v) 	 A monthly allowance for each ETA mentor in schools; 

(vi) 	 Settling in expenses; and 

(vii) 	 Transportation between Kuala Lumpur and the. schools to 

which ETAs are assigned. 

29. 	 MACEE shall use the funding provided by the Government of the 

United States of America to pay for the following costs related to the 

Program: 

(i) 	 Recruitment of ET As in the United States; 

(ii) 	 Insurance benefits for each ETA; and 

(iii) 	 Round-trip airfare from the United States to Kuala Lumpur for 

all selected ET As. 

30: 	 MACEE shall channel any additional funding related to teaching and 

extra-curricular activities for the ET As through their respective 

schools. 

31, · 	MACEE shall reimburse the MOE, in a manner agreed upon by both 

Parties, for any ET A who does not complete the ten ( 10)-month term 

at his or her school. 

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32. 	 MACEE shall be responsible for securing suitable accommodations 

and providing basic amenities for ETAs, either on school premises 

or nearby, with the assistance of the MOE. 

33. 	 Schools are not required to provide transportation to ET As who do 

not live on school premises after the first four (4) weeks of their 

school assignment. 

34. 	 Schools are required to provide transportation for any activities or 

programs organized by the MOE in which the ET As are involved. 

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