TREATIES AND OTHER INTERNATIONAL ACTS SERIES 10-920.1 

________________________________________________________________________ 

EDUCATION 

 Agreement Between 

the UNITED STATES OF AMERICA 

and MALAYSIA 

Signed at Kuala Lumpur 

September 20, 2010 
 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 

 Agreement signed at Kuala Lumpur 

 September 20, 2010; 

 Entered into force September 20, 2010. 
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF

AMERICA AND THE GOVERNMENT OF MALAYSIA CONCERNING THE

ESTABLISHMENT OF THE MALAYSIAN-AMERICAN COMMISSION ON

EDUCATIONAL EXCHANGE

THE GOVERNMENT OF THE UNITED STATES OF AMERICA acting through

the DEPARTMENT OF STATE and THE GOVERNMENT OF MALAYSIA as

represented by the MINISTRY OF HIGHER EDUCATION OF MALAYSIA

(hereinafter referred to as "the Parties");

Recognizing that a variety of educational exchanges and visits are carried out

between the Parties;

Considering the mutual benefit derived from such educational exchange

programs and the desire of the Parties to cooperate further in the financing and

operating of such programs and to strengthen cooperative relations between the

Parties;

Desiring to continue and expand programs to promote greater mutual

understanding between the citizens of Malaysia and the United States by a wider

exchange of knowledge and professional talents through educational activities;

Recognizing the need to reflect more accurately the current relationship between

the two countries; and

Recognizing the importance of the principles of sovereignty, equality and mutual

benefit;
HAVE AGREED as follows:

ARTICLE I

1. The commission known as the Malaysian-American Commission on

Educational Exchange (hereinafter referred to as the Commission"), established

by virtue of the Agreement Between the Government of the United States of

America and the Government of the Federation of Malaya for Financing Certain

Educational Exchange Programs signed January 28, 1963 and continued by

virtue of the Agreement Between the Government of the United States of

America and the Government of Malaysia Concerning the Establishment of the

Malaysian-American Commission on Educational Exchange signed August 3,

1995, is hereby further continued.

2. The Commission shall continue to be recognized by the Parties as a binational organization created and established to facilitate and administer a

program of educational exchanges between Malaysia and the United States of

America by providing educational and training opportunities for their respective

citizens (hereinafter referred to as "the Program").

3. The Program shall be financed with funds made available to the

Commission by or through the Parties, and with funds of contributions received

from other public and private sources, which support the purposes of this

Agreement.

4. The Commission shall continue to enjoy autonomy of management and

administration in accordance with the terms of this Agreement. It shall be

sensitive to the needs and aspirations of both Parties and shall make every effort

to respond expeditiously to those needs and aspirations.

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5. The Commission, its assets and income, its Executive Director, and its

grant recipients, shall be exempt from taxes to the extent provided by the Internal

Revenue Code of the United States of America ("the Code") and the Income Tax

Act of Malaysia ("the Act"). Contributions to the Commission shall be deductible

to the extent provided in the Code and the Act.

ARTICLE II

The funds made available to the Commission under this Agreement shall be

used in accordance with the provisions of this Agreement and for the purposes

of:

financing studies, research, instruction, teaching, professional exchanges,

human resource development, and other educational activities of or for

citizens of Malaysia in the United States of America and of or for citizens

and nationals of the United States of America in Malaysia;

2. financing other related educational and professional programs and

activities; and

financing the Program expenses, administrative costs, maintenance and

operational fees of the Commission.

ARTICLE III

The Commission shall exercise all powers necessary to achieve the purposes set

forth in Article II of this Agreement and, in order to do so, shall:

engage an Executive Director, who shall:

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a) be in charge of the administrative work of the Commission and

make recommendations to the Board established under Article V;

b) hire such other clerical and administrative staff as may be

necessary;

c) fix and pay the salaries and wages thereof; and

d) incur such other expenses as may be necessary for the

administration of the Commission.

The Executive Director shall be appointed and renewed for such terms of duty as

the Board established under Article V deems appropriate;

2. plan, adopt and carry out the Program and related activities in

accordance with the purposes of this Agreement;

3. develop a comprehensive proposal detailing the scope of the

Commission's programs for the following fiscal year, the academic areas

of concentration, and the types of grants and similar general guidelines for

approval by the Parties;

4, prepare each year an announcement of, and application instructions for, a

national public competition in Malaysia, setting forth the details of the

Commission's activities, including procedures for the distribution to, and

submission of applications by, the public for consideration by the Board

established under Article V and/or review bodies which it may designate;

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5. recommend to the J. William Fulbright Foreign Scholarship Board of the

United States of America (hereinafter referred to as "the Fulbright

Scholarship Board") students, research scholars, teachers, instructors,

professors, artists, professionals, and other such candidates with

appropriate qualifications, who are citizens of Malaysia, to participate in

the Program;

6. recommend to the relevant organizations in Malaysia students, research

scholars, teachers, instructors, professors, artists, professionals and other

such candidates with appropriate qualifications, who are citizens or

nationals of the United States of America, to participate in the Program;

7. recommend to the Fulbright Scholarship Board such qualifications for the

selection of participants in the Program as it may deem necessary and

appropriate for achieving the purposes and objectives of this Agreement;

8. authorize the making of grants and the disbursement and advancement of

funds necessary for the carrying out of programs authorized under Article

II, including payment for transportation, tuition, registration and laboratory

fees, maintenance and other expenses incident thereto;

9. receive donations from public and private sources for projects and

activities consonant with the purposes of the Commission as established

in this Agreement, such donations to be tax exempt to the extent

permissible under the Code and the Act. The members of the Commission

shall abide by the laws, regulations and procedures of their respective

Governments with regard to their participation in the acceptance of

donations; and
10. administer, or assist in administering, or otherwise facilitate the

implementation of, other educational exchange programs that contribute to

achieving the purposes of this Agreement but are not financed by funds

made available under this Agreement, provided that no objection is

interposed by either Party to the Commission's role therein, which role

shall be fully described in annual or special reports referred to in Article

VIII, paragraph 1, below.

ARTICLE IV

The Parties shall share the expenses of the Commission and make annual

allocations of funds or contributions in kind to the Commission for the purposes

of this Agreement. The amount of such annual allocations shall be subject to the

funds available to the Parties in accordance with their respective laws and

regulations.

ARTICLE V

The Commission shall be governed by a board ("the Board") consisting of

ten (10) members, five of whom shall be citizens of Malaysia (hereinafter

referred to as "the Malaysian members") and five of whom shall be

citizens of the United States of America (hereinafter referred to as "the

American members"). In addition, the Minister of Higher Education of

Malaysia and the Chief of the Diplomatic Mission of the United States of

America to Malaysia shall be Honorary Co-Chairpersons of the

Commission.

2. A Chairperson shall be elected by the Board from its own members for a

period of service of one year, and shall be eligible for reappointment

provided that the same Chairperson shall not serve more than two years

consecutively. The Chair shall be assumed alternately by a citizen of

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Malaysia and a citizen of the United States of America.

3. Each member of the Board shall have one vote. Decisions of the Board at

any meeting shall be made by a majority of members present. If the Board

is divided, issues shall be discussed further in an attempt to reach

consensus or a majority. The Chairperson shall have an original vote, and

in the event of equality of votes, shall exercise an additional casting vote.

4. The Malaysian members of the Board shall be appointed and may be

removed by the Minister of Higher Education of Malaysia At least two of

the Malaysian members shall be representatives of the Government of

Malaysia. The American members of the Board shall be appointed and

may be removed by the Chief of the Diplomatic Mission of the United

States of America to Malaysia. At least two of the American members

shall be officers of the Diplomatic Mission of the United States of America

to Malaysia. The remaining members of the Board shall be drawn from the

educational, corporate and professional communities of the two countries.

5. Board members shall serve from the time of their appointment until

December 31st of the following year and shall be eligible for

reappointment; however, no member shall serve for more than six

consecutive years (three terms). To maintain continuity, where possible

the terms of appointment for the Board members shall be staggered so

the terms of service for some Board members expire in even-numbered

years and for others in odd-numbered years. Vacancies by reason of

resignation, expiration of service or otherwise shall be filled in accordance

with the preceding paragraph.

6. The Chairperson of the Board shall appoint a Treasurer and Alternate

Treasurer of the Commission. The Treasurer shall be appointed from

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among the American members and the Alternate Treasurer from among

the Malaysian members, The Treasurer, and in his or her absence the

Alternate Treasurer, shall be authorized to receive and deposit funds in

depositories designated by the Commission and to perform financial

management duties as designated by the Commission.

7. The members of the Board shall serve without remuneration, but the

Commission may defray the necessary expenses of the members in

attending the meetings of the Commission and in performing other official

duties arranged by the Commission.

ARTICLE VI

The Board shall adopt such by-laws and appoint such committees as it

may deem necessary for the conduct of the affairs of the Commission.

Committee reports, if any, shall be distributed to the Parties.

2. The Board shall meet a minimum of four times each calendar year.

ARTICLE VII

The principal office of the Commission shall be in Kuala Lumpur, however,

meetings of the Board and any of its committees may be held in such other

places as the Board may determine. The activities of any of the Commission's

Board members, officers or staff may be carried on at such places as may be

approved by the Board.

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ARTICLE VIII

1. The Commission shall report annually on its activities to the Parties. Such

annual reports shall be made in such form, and cover such content, as

may be required by the Parties. Special reports may be made at the

discretion of the Commission or at the request of either Party.

2. Annual audits of the accounts of the Commission, to be made by an

auditor selected jointly by the Parties, shall be submitted to the Parties. If

so requested, the Commission shall also permit other auditing of its

accounts by representatives of either or both of the Parties.

In the budgeting and accounting of funds and in financial and program

reporting to the Government of the United States of America, the

Commission shall follow the U.S. Department of State's Manual for

Binational Commissions and Foundations.

ARTICLE IX

1. The Commission shall propose its annual budget to the Parties.

2. The Parties shall, within the limits of their respective budgetary

appropriations for this purpose and taking into account funds donated by

other sources or income therefrom, make contributions to the

Commission. The use of contributions from the Parties shall be for

purposes authorized by their respective laws.

3. All commitments, obligations and expenditures to be authorized by the

Board shall be subject to the annual budget of the Commission.

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ARTICLE X

1, In order to ensure that cooperation in education extends beyond the

activities fostered by the Commission, the Parties shall encourage and

facilitate the further development of contacts and exchanges, both through

official channels and privately, between the citizens of the two countries,

with a view toward deepening knowledge and understanding of each

other's history, civilization, institutions and literature.

2. Each Party shall encourage and facilitate access on the part of scholars,

artists and other professionals of the other country to its monuments,

collections, archives, libraries, laboratories, and other institutions of

learning. Similarly, each Party shall use its best efforts to assist citizens of

the other country, engaged in activities pursuant to this Agreement, in

obtaining favorable treatment with respect to entry, travel, residence and

exit as is consistent with its national laws and regulations.

ARTICLE XI

On behalf of the Government of Malaysia, the executive agency for this

Agreement shall be the Ministry of Higher Education of Malaysia; on behalf

of the Government of the United States of America, the executive agency

for this Agreement shall be the U. S. Department of State. The U. S.

Department of State may designate the Embassy of the United States of

America in Malaysia to act on its behalf as executive agency for certain

matters.

2. The two executive agencies shall communicate with one another to review

and assist in the implementation of this Agreement, and may meet

periodically as they may agree. They may reach understandings and

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exchange information with one another regarding aspects of the

Commission's work that are within their purview under the terms of this

Agreement, and regarding activities described in Article X, above. Such

discussions may be held at the request of either Party, either in Kuala

Lumpur or Washington, D.C.

ARTICLE XII

1. The Parties shall make every effort to facilitate the work of the Commission

and the carrying out of the activities covered by this Agreement, and to

resolve problems that may arise in its implementation.

2. The obligations of the Parties and the activities carried out under this

Agreement shall be subject to the respective national laws, rules and

regulations of each country as applicable, including the availability of

funds.

ARTICLE XIII

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 of the name and/or official emblem of either of the Parties on any

publication, document and/or paper is prohibited without prior written

approval of the affected Party.

3. Notwithstanding anything in paragraph 1 above, the intellectual property

rights in respect of any technological development, products and services

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development, carried out:

jointly by the Parties of research results obtained through the joint

activity effort of the Parties, shall be jointly owned by the Parties in

accordance with the terms to be mutually agreed upon; and

(ii) solely and separately by the Party of the research results obtained

through the sole and separate effort of the Party, shall be solely

owned by the Party concerned,

ARTICLE XIV

1. Each Party shall undertake to observe the confidentiality and secrecy of

documents, information and other data received or supplied to the other

Party during the period of the implementation of this Agreement or any

other agreements made pursuant to this Agreement, to the extent

permissible by law.

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

binding between the Parties notwithstanding the termination of this

Agreement.

ARTICLE XV

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 Agreement, which suspension shall take effect

immediately after notification has been given to the other Party, in writing,

through diplomatic channels.

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ARTICLE XVI

Any difference or dispute between the Parties concerning the interpretation,

implementation, and/or application of any of the provisions of this Agreement

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 XVII

1. This Agreement shall enter into force upon signature, with effect from

August 3, 2005 ("the Effective Date").

2. The Parties agree that the duration of this Agreement shall be for a period

of ten (10) years from the Effective Date.

3. This Agreement may be renewed for an additional ten (10) years by

agreement of the Parties through an exchange of diplomatic notes.

4. This Agreement may also be amended by mutual written agreement of the

Parties.

ARTICLE XVIII

1. Either Party may give written notice to the other of its intention to

terminate this Agreement, by exchange of diplomatic notes, in which case

this Agreement shall be terminated on December 31st of the calendar

year following the date of such notice.

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2. Upon termination of this Agreement, funds and property of the

Commission shall become property of the Parties in proportion to their

respective contributions to the Commission, subject to such conditions,

limitations and liabilities as may have been imposed thereon prior to the

termination of this Agreement,

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

respective Governments, have signed the present Agreement.

Done at Kuala Lumpur, this 

20i‘i

the English language.

day of S-erntm.ber 2010, in

FOR THE GOVERNMENT OF

THE UNITED STATES OF

AMERICA:

FOR THE GOVERNMENT OF

MALAYSIA:

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