Memorandum of Understanding

Between
The Australian Government
And
The William J. Clinton Foundation
On
Cooperation in the fight against mv and AIDS in The People's
Republic of China, The Socialist Republic of Vietnam,
Papua New Guinea,
And 'Other Territories of mutual interest
This Memorandum of Understanding is made and entered into, by, and between the
Australian Government and The William J. Clinton Foundation; hereinafter called the
PARTIES.
WHEREAS Australia has over the years allocated considerable resources to fight the
spread ofHIVIAlDS, including both bilateral and multilateral support to activities
where combating HIVIAIDS is the main or a secondary objective;
WHEREAS Australia gives priority to supporti11g countries' own efforts to fight
HIVIAIOS, and to mainstreaming HIVIAIDS components into the cooperation in
other sectors;
WHEREAS William J. Clinton has made the global battle against HIVIAIDS a major
area of focus for his Foundation, which is committed to assisting developing countries
and their leadership in the creation of strategic plans, the mobilisation of international
resources and the development ofintemal resources to defeat the epidemic;
MINDFUL that care, treatment and prevention are complementary activities in
fighting the spread of HIVIAIDS;
CONSIDERING the shared focus of the PARTIES on building capacity for care,
treatment, and prevention at the national, regional and local levels;
MINDFUL of the significant contribution that the Clinton Foundation's HIVIAIDS
Initiative has already brought down the price ofanti-retroviral medicines and
diagnostic equipment and supplies for use in HIVIAIDS care and treatment programs;
WHEREAS the PARTIES share the objective of assisting authorities to establish and
implement Flagship Initiatives to strengthen health systems to enable the further
scaling-up of HIVI AIDS care, treatment and prevention programs in The People's
Republic of tRill~ The So"Ci!!llst<R'epublic of Vietnam, Papua New Guinea, and other
territories of mutual interest.

NOW, THEREFORE, the PARTIES have decided as follows:

I. On the basis of partnership with the governments of The People's Republic of

2.
3.

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5.

6.

7.

China, The Socialist Republic of Vietnam, Papua New Guinea, and with other
relevant international, bilateral and multilateral organisations, to provide
support in the implementation of integrated care, treatment and prevention
programs, in accordance with the national plans adopted by the host
governments.
To use these programs as a basis for discussion with other potential donors,
country governments, and civil society in order to mobilise resources for their
sustainable implementation through nationally owned development plans;
To facilitate the development of quality management and information sharing
mechanisms that will allow treatn)ent and care programs to "scale-up" rapidly
while continuously assisting the host country to improve quality and build
capacity to deliver health services;
To participate with other stakeholders to coordinate complementary strategies
between expanded HIV/AIDS action and health sector support, maximising
synergies, expanding access and delivery options and coordinating technical
assistance to the extent possible, in accordance with the "Three Ones"
principles for concerted HIVIAIDS action at country level;
The Australian contribution to integrated HIV/AIDS progr!lills in The People's
Republic of China, The Socialist Republic of Vietnam, Papua New Guinea,
and elsewhere for care, treatrnentand prevention could reach a target of AUS
$25 million over the next four years, provided that the cooperation evolves
successfully. The Australian contribution will be transferred in accordance
with a mutually agreed mechanism facilitating each program.
This Memorandum ofUnderstanding is not intended to create legally binding
obligations, but is a statement of bona fide intent of the PARTIES. It sets
forth the entire understanding of the PARTIES in respect of the cc;>Ilaboration
contemplated. It may be amended only by a written instrument executed by
the PARTIES.
This Memorandum of Understanding may be tenninated at any time by mutual
consent.

IN WITNESS HEREOF, the PARTIES have executed this Memorandum of

Understanding
on ... 22 FEBRUARY 2006..., at. .. SYDNEY, AUSTRALIA ..... .

For the Australian Government,

Minister for Foreign Affairs,
The Honourable Alexander Downer MP.

~~~-~~.-~.~~....~.-.---For the William J. Clinton Foundation

HIVI AIDS Initiative,
The Honorable William J. Clinton

Memorandum of Understanding
Between
The Australian Government And
The Clinton Health Access Initiative
This Memorandum of Understanding is made and entered into, by, and between the
Australian Government and the Clinton Health Access Initiative, hereinafter called the
PARTIES.
WHEREAS Australia has invested considerable resources through bilateral, regional and
multilateral support to improve maternal and child health outcomes and communicable
disease control, and strengthen partner country health systems, in the Indo-Pacific region;
WHEREAS Australia's current focus is improving health, including through the private
sector, to support sustainable economic growth and poverty reduction;
WHEREAS the Clinton Health Access Initiative has built capacity in health systems,
expanded access to life-saving technologies and lowered the costs of treatment, creating a
sustainable model for partner governments;
WHEREAS both PARTIES are mindful of the significant health and development
challenges faced by the Indo-Pacific region;
CONSIDERING the success of the Memorandum of Understanding between the
Australian Government and the William J. Clinton Foundation on Cooperation in the
fight against HIV and AIDS in The People's Republic ofChina, The Socialist Republic of
Vietnam, Papua New Guinea, And other territories of mutual interest, signed in Sydney
on 22 February 2006 ("the 2006 MOU");
WHEREAS the PARTIES share the objective of assisting health authorities to strengthen
health systems in countries of mutual interest in the Indo-Pacific region.

Now, therefore, the PARTIES have decided as follows:

I. To pursue innovative partnerships in the area of health system strengthening,
maternal and child health and communicable disease control, and other areas of
mutual interest, in the Indo-Pacific region.
2. To leverage both PARTIES expertise and networks in facilitating public-private
partnerships and leveraging additional partner government, civil society and
private sector financing for health investments in line with nationally owned
development plans.
3. To establish a new strategic partnership in Papua New Guinea (PNG) to address
health system strengthening, maternal and child health, and. tuberculosis (TB) and
drug-resistant TB control in targeted provinces. This partnership will work
collaboratively with private sector partners in PNG to leverage their expertise and
resources. The PARTIES will begin discussions immediately to define the details
of the new partnership with a goal of completing discussions and initiating the
new strategic partnership by the end of20 14. The Australian contribution will be
transferred in accordance with mutually determined arrangements.
4. To continue to effectively implement the existing Rapidly Expanding Access to
Care for HIV (REACH) partnership in Indonesia at currently planned funding
levels for 2015 and 20 16. REACH has effectively strengthened the Government
of Indonesia's capacity for HlV testing and treatment and medical supply chain
management and policy for HIV, TB and sexually transmitted infections. The
PARTIES will discuss opp.ortunities for joint work in Indonesia as the current
scope of the REACH program approaches its conclusion.
5. To work collaboratively to address malaria control and artemisiriin resistance in
the greater Mekong sub-region for the next five years, beginning immediately.
This work includes coordinating investments through the Asia Pacific Malaria
Leaders Alliance (APLMA). Initially the Clinton Health Access Initiative will
bring funding from other sources to conduct this work. As the work evolves, the
Australian Government and the Clinton Health Access Initiative will discuss
further funding requirements and potential sources of funding.
6. To facilitate information sharing mechanisms across the Indo-Pacific region in the
areas of innovation, private sector engagement, health system strengthening, drug
quality assurance and supply management, maternal and child health, and
communicable disease control.
7. To cooperate in other areas of mutual interest as defined by the PARTIES in
subsequent discussions.
8. Further Australian contribution to the Clinton Health Access Initiative in IndoPacific will be determined between the PARTIES. The Australian contribution
will be transferred in accordance with mutually determined arrangements.

9. To supersede the 2006 MOU by this Memorandum of Understanding.

l 0. This Memorandum of Understanding is not intended to create legally binding
obligations, but is a statement of bona fide intent of the PARTIES. It sets forth the
entire understanding of the PARTIES in respect of the collaboration
contemplated. It may be amended only by a written instrument executed by the
PARTIES.
l I. This Memorandum of Understanding may be terminated at any time by mutual
consent.

IN WITNESS HEREOF, the PARTIES have executed this Memorandum of

Understanding
On 21 SEPTEMBER 2014, at NEW YORK, UNITED STATES OF AMERICA.
For the Australian Government

For the Clinton Health Access Initiative

H.E. Mr Gary Quinlan

Ira C. Magaziner

Ambassador & Permanent Representative

of Australia to the United Nations

Chief Executive Officer & Vice Chairman

of the Clinton Health Access Initiative

Overview

The Australian Government had specific agreements with the Clinton Foundation, as a technical
implementing partner, to deliver aid projects with agreed outcomes, deliverables and budgets
since 2006. We are aware that US legislation deems this agreement to deliver aid outcomes to be
a donation.
In 2010 the Clinton Health Access Initiative (CHAI) was established as a separately incorporated
non-profit organisation to build capacity in health systems and expand access to life-saving HIV
treatment.
At June 2015, the Australian Government had three agreements with the Clinton Health Access
Initiative (CHAI).
In 2014 CHAI supported a network of32 government-run clinics in Papua New Guinea to
deliver HIV treatment to almost 8,000 patients, over half of whom were female, and supported
over 26,000 people to be tested for HIV, 75 per cent of whom were pregnant women.
Australia holds CHAI to the same rigorous performance standards as all other implementing
partners.
Background

The William J. Clinton Foundation (Clinton Foundation) works in Australia's region in

HIV/AIDS and climate change. In 2010 the Clinton Health Access Initiative (CHAI), was
incorporated separately as a non-profit organization. It aims to create a sustainable model for
governments through building capacity in health systems to provide life-saving HIV treatment
and lowering the costs of drugs and technologies.
Australian aid funding to the Clinton Foundation

In 2006 the Australian Government and the Clinton Foundation signed a four-year MOU to
strengthen HIV/AIDS treatment in the Asia Pacific region:This committed $25 million over four
years in separate funding agreements with the Clinton Foundation in PNG, indonesia, Vietnam
and China.
In 2008, in light of the nomination of Hillary Clinton as United States Secretary of State,
President Bill Clinton agreed to a range of measures concerning the Clinton Foundation's
transparency and accountability.
Initial programs with the Clinton Foundation demonstrated good results and were continued
through CHAI in successive phases in bilateral programs in PNG, indonesia and Vietnam. The
initial program in China was completed in 2009.
In September2014, the Head of Mission New York signed a second MOU with CHAI. The
formal MOU established a new strategic partnership in Papua New Guinea (PNG), continued

implementationofthe existing Rapidly Expanding Access to Care for HIV (REACH) program in
Indonesia, and agreed to work collaboratively to address malaria control and artemisinin
resistance in the greater Mekong sub-region.
The Foundation is subject to the usual conditions contained in a funding agreement as well as the
quality reporting systems of the Australian aid program, including extensive reviews at the
design phase, during implementation and completion of activities.
Australia is not alone in partnering with the Clinton Foundation. Ireland, the Netherlands,
Germany, Norway and Canada have provided funding to the Clinton Foundation for the delivery

ofprograms.
CHAI programs funded through the Australian aid program (at June 2015)
The Department of Foreign Affairs and Trade (OF AT) funds CHAI in PNG, Indonesia and
Vietnam.
In Vietnam ($4.65 million from 2012- 2015), CHAI aims to strengthen medical care and
treatment for people living with HIV, with a focus on children and mothers.
In PNG ($27 million from 2011-15) CHAI aims to improve access to clinical treatment ofHIV,
drug supply chain management and laboratory strengthening; and extend services to rural areas
in three Highlands provinces.
In Indonesia, ($33.95 million from 2007- 2016), CHAI aims to extend and improve testing and
treatment for HIV in Papua and West Papua provinces.
Australian funding to the Clinton Climate Initiative
In 2012 former AusAID entered into a contract with the Clinton Climate Initiative (CCI), a
program of the Clinton Foundation, for activities addressing climate change. Following the
2013 Australian Federal election, responsibilities for climate change and for this contract were
moved to the Department of the Environment.

Agreements List
Currency

CLINTON
FOUNDATION
HIV/AIDS INITIATIVE

AUD

CLINTON
FOUNDATION
HIV/AIDS INITIATIVE

AUD

$1,840,322.00

AUD

$13,752,351.00

Guinea

CLINTON
FOUNDATION
HIV/AIDS INITIATIVE

AusAID and Clinton Foundation

HIV/AIDS Initiative: Indonesia
Program Funding Agreement

CLINTON
FOUNDATION
HIV/AIDS INITIATIVE

AUD

$3,930,000.00

AusAID CCI Partnership

THE WILLIAM J.
CLINTON
FOUNDATION

AUD

$2,000,002.30

CLINTON
FOUNDATION
HIV/AIDS INITIATIVE

AUD

$926,692.00

THE WILLIAM J.
CLINTON
FOUNDATION

AUD

$3,100,000.00

THE WILLIAM J.
CLINTON
FOUNDATION

AUD

$4,329,793.41

CLINTON
FOUNDATION
HIV/AIDS INITIATIVE

AUD

$11 ,064,404.00

THE WILLIAM J.
CLINTON
FOUNDATION

AUD

$20,395,825.00

THE WILLIAM J.
CLINTON
FOUNDATION

AUD

$4,650,000.00

Agreement

AusAID and Clinton Foundation

HIV/AIDS

China Clinton Foundation -Xinjiang

HIV/AIDS Treatment

The AusAID and Clinton Foundation

HIV/AIDS Initiative: Papua New

Clinton Foundation-HIV/AIDS

Treatment

Clinton Foundation Phase 2

(Vietnam)

Clinton Health Access Initiative

(Indonesia)

National Health Service

implementation budget (PNG)

Rapidly Expanding Access to Care

for HIV (REACH) Program in Tanah

Papua

Vietnam Clinton Health Access

Initiative Phase 3

Agreement Partner

Agreement

Expensed Amount

$4,779,435.00

$70,768,824.71