1MEMORANDUM OF COOPERATIONONTHE TECHNICAL INTERN TRAINING PROGRAM
BETWEEN
THE MINISTRY OF JUSTICE, THE MINISTRY OF FOREIGN AFFAIRS AND
THE MINISTRY OF HEALTH, LABOR AND WELFARE OF JAPANANDTHE MINISTRY OF EXPATRIATES’ WELFARE & OVERSEAS EMPLOYMENT OF
BANGLADESH
The Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of Health,
Labor and Welfare of Japan (hereinafter referred to collectively as "the Ministry of
Japan") and the Ministry of Expatriates’ Welfare & Overseas Employment of
Bangladesh (hereinafter referred to as " MEWOE") shared the view that the purpose of
the Technical Intern Training Program is to transfer technical skills, techniques and
knowledge (hereinafter referred to as "technical skills, etc.") to Bangladesh, to
contribute to the human resource development by which the development of the
economy of Bangladesh would be led and thus to promote international cooperation.
Based on this view, the Ministry of Japan and MEWOE (hereinafter referred to
collectively as "both Ministries") have decided as follows in order to adequately
advance the Technical Intern Training Program:
(Purpose)
1 The purpose of this Memorandum is to transfer technical skills, etc. from Japan
to Bangladesh appropriately and smoothly through the Technical Intern Training
Program by setting out the commitments between both Ministries to send and accept
technical intern trainees and thus to promote international cooperation.
(Commitments of the Ministry of Japan)
2 The Ministry of Japan, in cooperation with the Embassy of Japan in
Bangladesh, if considered appropriate, will carry out the following commitments related
to the acceptance of technical intern trainees from Bangladesh in accordance with the
relevant laws and regulations of Japan:
(1) When the Ministry of Japan receives the information from MEWOE on a sending
organization that intends to send technical intern trainees to Japan (hereinafter
referred to as "Sending Organization") and has been approved by MEWOE to meet
Sending Organization’s Approving Standards described in Attachment 1 (hereinafter
respectively referred to as "Approved Sending Organization" and "Approving
Standards"), to make such information publicly available in Japan;
(2) To accept only those technical intern trainees of Bangladesh who are sent by
Approved Sending Organizations after the commencement of cooperation under this2Memorandum. However, the Ministry of Japan may not accept technical intern
trainees of Bangladesh in case that a technical intern training plan related to the
technical intern trainee is not approved and so forth, even if they are sent from
Approved Sending Organizations;
(3) To substitute an approval to a Sending Organization by MEWOE for the letter of
recommendation for the Sending Organization by MEWOE after the
commencement of cooperation under this Memorandum, provided that MEWOE
completes procedures for the approval of Sending Organizations and provides the
Ministry of Japan with a full list of Approved Sending Organizations;
(4) When the Ministry of Japan receives from MEWOE the information on the
revocation of an approval of Approved Sending Organizations, to make such
information publicly available in Japan;
(5) To provide necessary information when the Ministry of Japan receives inquiries
from MEWOE pertaining to issues such as the status of implementation of the
Technical Intern Training Program, any revisions of the Program, or any additions of
the occupations covered by the Program;
(6) To provide MEWOE with a list of licensed Japanese supervising organizations;
(7) To notify the results to MEWOE, when the Ministry of Japan takes administrative
measures against a supervising organization by revoking the license, issuing an
order for suspension of operation or issuing an order for improvement, or
administrative measures against an implementing organization by revoking
accreditation of a technical intern training plan or issuing an order for improvement
in accordance with Article 15, Article 16, Article 36 or Article 37, including the case
of violations of Article 46 to 49 of the Act on Proper Technical Intern Training and
Protection of Technical Intern Trainees (herein after referred to as "Act");
(8) To establish a system to transfer technical intern trainees to other implementing
organizations in case of revocation of license of a supervising organization,
discontinuation of business by an implementing organization or infringement of
human rights by a supervising organization or an implementing organization; and
(9) When the Ministry of Japan finds that a Bangladeshi Approved Sending
Organization has exercised activities inconsistent with Act, to inform MEWOE of
such activities for the purpose of cooperating with MEWOE in taking appropriate
action on such activities.
(Commitments of MEWOE)
3 MEWOE, in accordance with the relevant laws and regulations of Bangladesh,
will carry out the following commitments with regard to sending technical intern
trainees:
(1) To ensure that the recommendation, which is made by a public authority, on a
Sending organization that is considered to have the ability to properly coordinate the
applications of the technical intern trainees for the supervising-organization-type of3the Technical Intern Training Program to supervising organizations in Japan (the
recommendation stipulated in paragraph 1, Article 25 of the Ordinance for
Enforcement of Act) may not be made by any public authorities other than
MEWOE;
(2) To examine whether or not Sending Organizations meet Approving Standards, and
to give approvals when Sending Organizations are considered to meet Approving
Standards;
(3) To make the names and other information of Approved Sending Organizations in
Bangladesh publicly available when the approvals set out in the previous paragraph
are given. To provide the Ministry of Japan with the information on Approved
Sending Organizations in the form specified in Attachment 2, and to continue
issuing the letter of recommendation for Sending Organizations which MEWOE
considers appropriate to send technical intern trainees to Japan until MEWOE
provides Ministry of Japan with a full list of Approved Sending Organizations;
(4) When MEWOE is informed by the Ministry of Japan that an Approved Sending
Organization seems to have exercised activities inconsistent with Approving
Standards or other improper activities, to conduct investigations over the Approved
Sending Organization in question, to provide necessary guidance and supervision,
and then to report the results to the Ministry of Japan;
(5) To provide guidance to Approved Sending Organizations in Bangladesh in order to
select and send technical intern trainees in an appropriate manner, to revoke an
approval when MEWOE considers that an Approved Sending Organization no
longer meets Approving Standards, and to notify the results to the Ministry of Japan;
(6) To cooperate on follow-up surveys conducted by the Ministry of Japan concerning
the situation of utilization of acquired technical skills, etc. after the technical intern
trainees return to Bangladesh, by, in particular, providing guidance to Approved
Sending Organizations in order to obtain accurate feedbacks as many as possible
from those former technical intern trainees; and
(7) To provide the Ministry of Japan with information required, when MEWOE receives
inquiries from the Ministry of Japan pertaining to guidance and supervision records
exercised over Approved Sending Organizations, records related to approval of
Sending Organizations, matters related to the types of job categories in demand for
technical transfer in Bangladesh and so forth.
(Designation of Contact Points)
4 Both Ministries will designate respectively the following contact points related
to communications and coordination between both countries in order to effectively
implement the activities under this Memorandum.
(1) For Japan, the International Affairs Department of the Organization for Technical
Intern Training. For modification and supplementation of this Memorandum and
desire to terminate the cooperation under this Memorandum, the Entry and Status4Division of the Immigration Bureau, the Ministry of Justice and the Office of
Counselor for Overseas Human Resources Development, the Ministry of Health,
Labor and Welfare.
(2) For Bangladesh, MEWOE. MEWOE may delegate a part of the work related to this
Memorandum to the Embassy of Bangladesh in Japan.
(Settlement of Issues)
5 Both Ministries will consult with respect to the implementation of activities
under this Memorandum or issues arising in relation to the implementation, including
occurrences of technical intern trainees’ disappearances and deportations of illegally
staying technical intern trainees, and will settle such issues amicably and in close
cooperation, through diplomatic channels as deemed appropriate, with each country’s
relevant ministries and agencies.
(Implementation within the scope of laws and regulations)
6 Cooperation under this Memorandum will be conducted within the scope of the
laws and regulations in force in each country. Either of Ministries will not disclose
confidential information obtained from the other Ministry through cooperation and
exchange of information within the framework of this Memorandum without the written
consent from the other Ministry.
(Consultation)
7 Representatives of both Ministries will consult from time to time, as necessary.
Both Ministries will consult through diplomatic channels as deemed appropriate.
(Others)
8 This Memorandum was signed in Tokyo, Japan, on 29 January 2018. The
cooperation under this Memorandum will commence on the date of its signature. With
the commencement of this Memorandum, the cooperation between both Ministries on
the Technical Intern Training Program will be conducted under this Memorandum.
The cooperation under this Memorandum will continue for a period of five years from
the date of its signature and will be extended automatically for additional five years
unless there is a written notice by either Ministry not to desire to extend it sixty days in
advance of the termination date. In case that either Ministry wishes to terminate the
cooperation based on this Memorandum before the end of the five-year period
mentioned above, the cooperation may be terminated by a written notice to the other
Ministry indicating such intent, not later than ninety days before the desired termination
date.
The contents of this Memorandum will be modified or supplemented as necessary with5written consent from both Ministries.
This Memorandum is made in English.
FOR THE MINISTRY OF
JUSTICE OF JAPAN
FOR THE MINISTRY OF
EXPATRIATES’ WELFARE &
OVERSEAS EMPLOYMENT OF
BANGLADESH
FOR THE MINISTRY OF FOREIGN
AFFAIRS OF JAPAN
FOR THE MINISTRY OF HEALTH,
LABOR AND WELFARE OF JAPAN6Attachment 1
Approving Standards for Sending Organizations
1. A Sending Organization must meet all of the following standards.
(1) To appropriately select and send to Japan only those who are motivated to engage
in technical intern training with the understanding of the objectives of the
Technical Intern Training Program and to contribute to the economic development
of Bangladesh by making use of the achievement through the technical intern
training after returning to Bangladesh.
(2) To clearly specify the calculating criteria of commissions and any other fees to be
collected from ‘technical intern trainees and/or technical intern trainee candidates’
(hereinafter referred to as "trainees and candidates") and make the criteria publicly
available, and to explain the details of such commissions and other fees to trainees
and candidates in order to obtain their understanding sufficiently.
(3) To provide the technical intern trainees who returned to Bangladesh after
completing the technical intern training with necessary support, such as finding
occupations in order for them to appropriately utilize the acquired technical skills,
etc..
(4) With respect to the appropriate implementation of the Technical Intern Training
Program as well as the protection of technical intern trainees, to respond the
requests from the Minister of Justice of Japan, the Minister of Health, Labor and
Welfare of Japan or the Organization for Technical Intern Training. Such requests
include cooperation on follow-up surveys on the technical intern trainees who
returned to Bangladesh after completing the technical intern training.
(5) As for Sending Organization and its board members, if they had been sentenced to
imprisonment or more severe penalty in Japan or in Bangladesh, at least five years
have elapsed after the penalty had been completed or the penalty had been
exempted from the execution.
(6) To carry out any projects in accordance with the laws and regulations of
Bangladesh.
(7) As for Sending Organization and its board members, to have never conducted any
of the following acts within the preceding five years:
(a) In connection with technical intern training, managing money or other7properties of trainees and candidates, their relatives or other persons
concerned, regardless of any reasons such as collecting deposits or any
other purposes;
(b) Concluding any contracts that impose monetary penalties or that expect
undue transfer of money or other properties, for the violation of the
contracts in relation to technical intern training;
(c) Human rights infringements against trainees and candidates such as assaults,
intimidations, and restrictions of freedom; and
(d) With regards to the procedures of the Technical Intern Training Program as
well as the immigration program in Japan, to use or provide forged, altered
or false documents, pictures or drawings with the intention of obtaining
permissions fraudulently.
(8) In coordinating applications for technical intern training to Japanese supervising
organizations, to confirm that trainees and candidates, their relatives or other
persons concerned have never been involved in the acts set out in (a) and (b) of(7).(9) Acknowledging the importance of addressing disappearance of technical intern
trainees, to cooperate with Japanese supervising organizations and to make efforts
in order to prevent technical intern trainees from disappearing.
(10) To have other necessary capacities to appropriately coordinate applications for
technical intern training to Japanese supervising organizations.
2. In terms of approving Sending Organization in Bangladesh, the Ministry of
Expatriates’ Welfare & Overseas Employment will commence the procedure from 1st
February 2018 and provide a full list of Approved Sending Organizations for the
Ministry of Japan by 1st
April 2018. The Ministry of Japan will accept only those
trainees who are sent by Bangladeshi Approved Sending Organizations on the list from1stSeptember 2018.8Attachment 2
Date: Outline of Approved Sending Organization
Name of Organization:
Name of Representative:
Address:

TEL: FAX:
Email: URL:Date of establishment :
Date of approval (Duration) : (Valid until : )
Type of industry and main business:
Capital:
Yearly sales figure (the most recent year):
Number of full-time employees (the number of employees involved in sending work):
( )
Name of person in charge of training: (position)
(Address) (TEL) (FAX)
(Email)
Contact point in Japan
(Name)
:
(Name of representative (In the case of a company/organization))
:
(Address) (TEL) (FAX)
(Email)