Confidential MOU on Hydrographic Survey Leaked

The Maldives Journal has obtained a copy of a confidential agreement between the Indian government and the government of Maldives to conduct a hydrography survey in Maldivian waters. The government refused to share the document with TMJ under the Right to Information Act, claiming a potential threat to national security.

TMJ acquired a copy of the memorandum of understanding signed between the two governments. The memorandum was signed by Indian Foreign Secretary Vijay Gokhale on behalf of the Indian government, and Defense Minister Mariya Ahmed Didi on behalf of the Maldivian government.

The MoU states that information and technical content obtained through the hydrography survey is not to be shared with any third party without the consent of the Indian government. The document also mandates both parties to take reasonable steps to ensure the protection of each other's copyright material from misuse.

Under the agreement, India reserves the right to chart updates of ports, harbors, and Maldivian waters, and to conduct hydrographic surveys of important ports and harbors and designated sea areas around islands.

For maritime safety, both countries have also agreed to supply the other country with critical navigational information it receives from the other country's waters. Based on the information, which is to be sent via fax or email, each country has the ability to update its own navigational products.

The MoU also states that the government of Maldives would deliberate and consider conferring producer nation status to the Indian government for nautical charts and other documents.

It also claims that the Maldivian government would consider permitting India to use and reproduce Maldivian data in its products and services, on the condition that Maldives is given ownership of the copyright in the data. Both countries may also include a separate protocol to determine the payment of royalties.

The appendix of the MoU also includes the protocol on the sale of nautical paper charts and electronic navigation charts (ENCs) created using the information obtained under the agreement.

The agreement that has been in effect since the date of signature is to remain in operation for a period of five years, and unless one of the countries provides written notice to the other country of its intention to terminate the agreement six months before the expiry of the five-year period, the MoU will automatically extend for an additional five years.

Under the agreement, the hydrographic charts required by Maldives must be purchased from India. The government of Maldives must submit orders for hydrographic charts on the Indian Chief Hydrographer, and inform the Indian Embassy in Maldives regarding the required charts. While Maldives is to receive a 35 percent commission on catalog prices of the charts for its services, India will also pay the Maldivian government a 25 percent royalty on the sale of charts of Maldivian waters compiled using data collected by Indian naval ships.

The agreement further states that charts from India requested by Maldives will be sent to the Indian High Commission in Maldives, and the Commission will transfer the charts to the Maldivian government. The Maldivian government is to share a sales statement with the Indian High Commission every six months after the sale of charts and transfer sales proceeds minus the agency commission and royalties to the account of the Indian High Commission.

The government of Maldives is allowed to stock up on 25 charts at one time. Once the stock falls to less than ten charts, the government is to inform the Indian High Commission, and obtain more charts from the Indian National Hydrographic Office (INHO). In addition, the Maldivian government must sell the charts at prices fixed by the Indian government, and the Indian government also reserves the right to sell charts and other hydrographic publications directly to customers.

Elaborating on prices, the agreement states that the Maldivian government cannot sell the charts at prices higher than mentioned on biweekly notices or letters from the Indian government. The Indian government will retain all ownership and copyright of charts and publications of the INHO. The government of Maldives is also not allowed to replicate or sell the charts and publications for reproduction without written consent from the Indian government. However, Maldives may use the data for non-commercial official purposes without written consent.

TMJ will provide a more detailed report on the agreement at a later date.