TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-808

________________________________________________________________________

EDUCATION

Teaching Assistant Program

Memorandum of Understanding

Between the UNITED STATES OF AMERICA

and MALAYSIA

Signed at Kuala Lumpur 

August 8, 2012

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: Teaching Assistant Program

 Memorandum of understanding

 signed at Kuala Lumpur 

 August 8, 2012;

 Entered into force August 8, 2012.

With appendix.
MEMORANDUM OF UNDERSTANDING

BETWEEN

THE GOVERNMENT OF THE UNITED STATES OF 

AND

THE GOVERNMENT OF MALAYSIA

ON

THE FULBRIGHT ENGLISH TEACHING ASSISTAN
THE GOVERNMENT OF THE UNITED STATES OF AME

represented by the U.S. Embassy in Kuala Lumpur (hereinafte

to as "the U.S. Embassy") AND THE GOVERNMENT OF M

as represented by the Ministry of Education of Malaysia (h

referred to as "the MOE") (hereinafter referred to singula

Party" and collectively as "the Parties"),

RECOGNIZING the existing friendly relations between the two 

DESIRING to strengthen and further develop co-operation be

two countries in the field of English language education;

CONVINCED of the necessity of a lasting and effective co-o

the interest of both countries;

APPRECIATING the existing co-operation as reflected in the 

between the Government of the United States of Americ

Government of Malaysia Concerning the Establishme

Malaysian-American Commission on Educational Exchang

Kuala Lumpur on September 20, 2010 (hereinafter referred 

2010 Agreement"), and

BELIEVING that such co-operation would serve their commo

and contribute to the enhancement of education of the Englis

and social development of both countries,

HAVE AGREED as follows:
ARTICLE I

OBJECTIVE 

The Parties, pursuant to this Memorandum of Understanding (

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

policies in force in each country, agree to strengthen, pro

develop the provision of education and training in the English 

while upholding the Malay language, between the two count

basis of equality and mutual benefit.

ARTICLE II

AREA OF COOPERATION 

Each Party shall, subject to the laws, rules, regulations an

policies in force that govern the subject matter in its respectiv

endeavour to take necessary steps to encourage and pro

operation in the administration of the Fulbright English 

Assistant ("ETA") program ("the Program"), whose Terms of 

are as prescribed in Appendix A.

ARTICLE III

DESIGNATED AUTHORITY

The designated authority responsible for the implementation o

on behalf of the Government of Malaysia shall be the 

designated authority responsible for the implementation of th

behalf of the Government of the United States of America s

U.S. Embassy. The Malaysian-American Commission on E

Exchange (hereinafter referred to as "MACEE"), the binationa
Commission in Malaysia established by the Parties in 

continued under the 2010 Agreement, shall manage and coor

Program in Malaysian national schools together with the MOE

assistance and guidance of the U.S. Embassy.

ARTICLE IV

IMPLEMENTATION 

The Parties agree that the areas of cooperation under this MO

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

Appendix A.

ARTICLE V

JOINT WORKING GROUP

1. The Parties shall establish, consistent with the author

binational Board of MACEE, a Malaysia-United States o

Joint Working Group (hereinafter referred to as the "Join

Group") to implement this MOU.

2. The Joint Working Group shall consider ways and 

promote the aforesaid objective and ensure the proper co

and implementation of its decisions and/or recommendatio

3. The Joint Working Group shall be co-chaired by the MO

U.S. Embassy, with participation from MACEE and oth

agencies of both countries as appropriate.
4. The Joint Working Group shall meet at least once a year 

Parties may otherwise determine to review the impleme

this MOU.

5. The Joint Working Group shall meet at a date convenie

mutually agreed upon by the Parties.

ARTICLE VI

FINANCIAL ARRANGEMENTS

1. The MOE has paid to MACEE the amount of one mill

thousand Ringgit (MYR1,080,000.00) on May 3, 201

million nine hundred forty-five thousand six hundred Ring

945,600.00) on May 12, 2011, which together amount 

total of three million twenty-five thousand six hundre

(MYR3,025,600.00) for the programmatic and administr

of managing the Fuibright ETA Program during calendar y

2. The financial arrangements to cover expenses for su

undertakings within the framework of this MOU shall b

agreed upon in writing by the Parties on an annual basis, 

the availability of funds.

3. Notwithstanding paragraphs 1. and 2. above, exp

organizing the meetings of the Joint Working Group sha

by the Party hosting each meeting. The Party se

representatives for participation in the meetings of the Joi

Groups shall bear its representatives' travel and living exp
ARTICLE VII

PARTICIPATION OF THIRD PARTY

Either Party may invite the participation of a third party in 

activities, projects and/or programs being carried out under 

upon the agreement of the other Party to the MOU. In carryin

joint activities, projects and/or programs, the Parties shall ensu

third party shall comply with the provisions of this MOU an

Agreement.

ARTICLE VIII

PROTECTION OF INTELLECTUAL PROPERTY RIGH

The protection of intellectual property rights shall be e

conformity with the respective national laws, rules and reg

each Party and with international agreements in force be

Parties.

2. The use of the name, logo and/or official emblem of ei

Parties on any publication or final document produced 

MOU is prohibited without the prior written approval of t

Party.

3. Any intellectual property created

(I) jointly by the Parties, shall be jointly owned by th

accordance with terms to be mutually agreed upon; 
(ii) solely and separately by one Party, shall' be solely 

the Party concerned.

ARTICLE IX

CONFIDENTIALITY

1. Each Party shall undertake to observe the confide

documents, information and other data received from or s

the other Party during the period of implementation of th

any other agreements made pursuant to this MOU, to 

permissible by law.

Both Parties agree that the provisions of this Article shall c

be binding upon the Parties notwithstanding the terminat

MOU.

ARTICLE X

SUSPENSION

Each Party reserves the right for reasons of national security

interest, public order or public health to suspend temporarily

whole or in part, the implementation of this MOU, which suspe

take effect immediately after notification has been given to 

Party, in writing, through diplomatic channels.
ARTICLE XI

AMENDMENT

Either Party may request in writing an amendment of all o

of this MOU.

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

and shall form part of this IVIOU.

Such amendment shall enter into force on such date 

agreed upon by the Parties.

4. Any amendment shall not prejudice the rights and obligatio

from, or based on, this MOU before or up to the da

amendment.

ARTICLE XII

SETTLEMENT OF DISPUTES

Any difference or dispute between the Parties conce

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

of this MOU shall be settled amicably through mutual consulta

negotiations between the Parties through diplomatic channe

reference to any third party or international tribunal.
ARTICLE XIII

PROTECTION UNDER OTHER INTERNATIONAL AGREE

OR TREATIES 

This MOU shall not prejudice any rights or obligations of th

arising from any other international agreements or treaties.

ARTICLE XIV

ENTRY INTO FORCE. DURATION AND TERMINATIO

1. This MOU shall enter into force upon signature, with e

May 3, 2011, and shall remain in effect for a period 

(3) years.

2. This MOU may be extended for a further period as may 

agreed upon in writing by the Parties.

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

Party of its intention to terminate this MOU.

4. The termination of this MOU shall not affect the implem

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

agreed upon by the Parties prior to the date of termina

MOU, unless the Parties agree otherwise.
IN WITNESS WHEREOF, the undersigned, being duly auth

their respective Governments have signed the present MOU.

DONE at 

Lumput 

this EIGHTH 

AticliAS1 , 2012, in two (2) original copies, in th

language, all texts being equally valid.

FOR THE GOVERNMENT OF FOR THE GOVERN

THE UNITED STATES OF AMERICA MALAYSIA

(H.E. AMBASSADOR

PAUL W. JONES)

U.S. Ambassador to Malaysia

(HON. DATO' 

ROSU MOHAM

Secretary Gen

Ministry of Educatio
AP

FULBRIGHT ENGLISH TEACHING ASSISTANT PROG

TERMS OF REFERENCE (TOR)

1. The Government of Malaysia agrees to cooperate 

Government of the United States of America (collec

Parties) on the implementation of the Fulbright English 

Assistant (ETA) Program (the Program). The Pro

commence in 2012 for a ten-month period, with the pla

fifty (50) ETAs at fifty (50) selected schools in the 

Terengganu, Pahang and Johor.

2. The Malaysian-American Commission on Educational 

(MACEE), as the binational Fulbright Commission in 

established by the two governments in 1963 and continue

will manage and coordinate the Program in Malaysia

schools together with the Ministry of Education (M

assistance and guidance from the U.S. Embassy.

3. For the purpose of implementing this Program, a Join

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

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

from the MACEE Board and other agencies, as approp

JWG shall meet at least once a year or as the Pa

otherwise determine to review the implementation of this 
4. The MOE shall establish a working committee with particip

the MACEE Board and chaired by the Director-General of 

Malaysia. This committee shall manage and coor

operational matters of this Program in Malaysian nation

The working committee shall consist of representatives fro

(i) the Public School Management Division of the MOE;

(ii) the Education Planning and Research Developme

of the MOE;

(iii) the Teacher Training Division of the MOE;

(iv) the Policy and International Relations Division of the 

(v) respective state education departments (SEE));

(vi) respective state governments;

(vii) the U.S. Embassy; and

(viii) MACEE.

5. A Program secretariat shall be created and affiliated with 

School Management Division (PSMD) of the MOE.

6. The MOE shall provide MAGEE with guidelines and a list 

for the recruitment and selection of ETAs, and MACEE an

Embassy shall endeavor to provide ETAs accordin

selection of ETAs shall be made by the MACEE Board an

Embassy in accordance with established Fulbright proce

with the agreement of the MOE.

7. MACEE shall recruit and select all ETAs for this Program

shall be from among U.S. applicants, who shall su

applications through MACEE. The ETAs to be selecte
Program shall be from among recent U.S. university grad

have applied to be Fuibright Program ETAs,

8. MACEE shall provide a list of ETA finalists to the MOE b

selection. The MOE's recommendations of ETAs shall be 

consideration by the U.S. Embassy and MACEE before 

are placed in Malaysian schools.

9. The MOE shall coordinate and make arrangements for th

of schools and the placement of the ETAs.

10. The MOE shall facilitate the issuance of visas for all ETA

Immigration Department. The MOE shall be responsib

payment of visa fees.

11. MACEE and the U.S. Embassy shall jointly conduct a pre-

program and security briefing for all ETAs upon arriva

Lumpur, and will include the MOE in the program to p

ETAs with the necessary knowledge and information r

work effectively in a Malaysian school and community.

12. All ETAs shall be placed in a Malaysian school no later th

week of January.

13. The MOE shall ensure that a specific briefing will be carr

all ETAs and the respective schools on the responsibili

ETAs in Malaysian schools.
14. MACEE shall select a program coordinator/mentor for ea

assist the MOE with the welfare and monitoring of ETAs.

15. The MOE shall select, arrange and pay a monthly allow

mentor from each school to assist the assigned ETA(s) t

the Program. Mentors shall only assist ETAs wit

enrichment activities related to and occurring in school only

16. ETAs shall develop with their mentors and school admin

plan of activities to be conducted throughout the dura

Program. These activities shall include classroom a

curricular activities to be carried out by the ETAs. All act

be coordinated by ETAs with the cooperation and assistan

mentors and schools.

17. ETAs are not teachers. As native English speakers, their 

to help facilitate the English learning process inside and 

the classroom, by interacting with the students, and throu

forms of activities and through other subjects, such as 

science classes. ETAs should be encouraged to stim

interest and promote the usage of English through extra

activities such as music, drama, English clubs, sports, etc

involved may include academic, co-academic or extra

activities within and outside school and which incorporat

communicative skills.
18. ETAs shall not be required to:

(i) Teach formal lessons or in any way replace the actu

teacher. However, the ETA may be asked to assist 

teacher is handling a class;

(ii) Replace other teachers or classes without the E

consent and early notification;

(iii) Conduct extra classes outside of normal schooling 

the afternoon, evening or on weekends without pri

and early notification;

(iv) Conduct programs during school breaks and Malay

holidays without prior consent and early notification;

(v) Prepare exam papers;

(vi) Grade exam papers or students;

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

purposes or carry out duties normally undertaken by 

(viii) Pay for lodging or accommodation;

(ix) Bring outsiders to the school or arrange for outside

contact with the students without prior permissio

school management and parents; and

(x) Bring items prohibited by the Malaysian govern

MOE, or the school to the school and in contac

students.

19. ETAs shall be required to have a minimum of four (4) con

daily during school and official extra-curricular activities h

consent from the ETA shall be obtained for any activities 

Program to be planned and scheduled outside of school 

extra-curricular activities hours, school holidays and 

public holidays.
20. The MOE shall provide guidelines to ETAs, which are to b

to at all times, regarding:

(i) school regulations;

(ii) the do's and don'ts of various cultural practices;

(iii) the do's and don'ts of various religious practices; an

(iv) other do's and don'ts relevant to the Program.

21. The MOE shall advise the schools on the code of co

proper way for the school administration and teaching sta

ETAs.

22. MACEE shall advise and help ensure that ETAs abi

guidelines provided by the MOE on school regulations, an

and don'ts of various cultural and religious practices.

23. The MOE shall accord seven (7) days of leave to 

throughout his/her stay ten-month tenure as an ETA, in 

Malaysian or school holidays. ETAs must obtain approva

respective schools and the SED before going on leave, ex

event of an emergency, in which case approval may be so

on leave.

24. MACEE shall advise ETAs that they should consult a

approval from MACEE, their host school, and the SE

leaving the country.

25. Representatives from the MOE and MACEE or the U.S

shall, from time to time, visit the ETAs and respective 

monitor their progress and welfare. MACEE or the U.S
shall be asked to notify the MOE at least twenty-four (24

advance of such visits, but shall not be required to obtain 

for those visits.

26. The MOE and MACEE shall provide feedback to each ot

progress of ETAs and their respective schools.

27. The MOE and MAGEE shall consult each other in ca

disciplinary problems may arise related to any ETA.

28. The MOE, MAGEE and the U.S. Embassy shall consult 

to overcome any problems that may arise related to ETAs

29. The MOE shall be responsible for payments to be made 

schools for the following costs related to the Program:

(i) An orientation program in each respective state w

are to be placed, organized by the respective SED;

(ii) A monthly housing allowance for each school wher

placed;

(iii) A monthly allowance to each ETA mentor in schools

(iv) A one-time allocation to each school to assis

settlement of ETAs; and

(v) A one-time allocation to each school for trans

purposes for activities planned and arranged 

Program.
30. MACEE shall use the funding provided by the MOE to p

following costs related to the Program:

(i) A monthly stipend to each ETA to cover food, tran

and other daily/personal expenses;

(ii) Transportation between Kuala Lumpur and the 

which ETAs are assigned;

(iii) An orientation program in Kuala Lumpur for ET

organized by MACEE and the U.S. Embassy; and

(iv) An allowance for each ETA for supplies and ma

teaching and extra-curricular activities related to the 

31. MACEE shall use the funding provided by the United Sta

for the following costs related to the Program:

(i) Recruitment of ETAs in the United States;

(ii) Insurance for each ETA; and

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

all selected ETAs.

32. MACEE shall channel any necessary funding for the ETA

their respective schools.

33. MACEE shall reimburse the MOE, in a manner agreed up

Parties, for any ETA who does not complete the ten-mo

his or her school.

34. Upon request, the MOE shall arrange and facilitat

accommodations and basic amenities for ETAs, either 

premises or nearby, including:

(i) Own bedroom with bed and mattress;
(ii) Western flush toilet;

(iii) Refrigerator; and

(iv) Ceiling or standing fan.

35. Schools are not required to provide transportation to ETA

not stay on school premises.

36. Schools are required to provide transportation for any a

programs under the program in which the ETAS are involve