Selanjutnya
LOAN AGREEMENT
between
THE GOVERNMENT OF
INDONESIA
and
THE GOVERNl·1ENT OF CANADA
for
A FERTILIZER COl.fMODITY LOAN
1983
I
THIS AGREEMENT MADE IN DUPLICATE
the
day
BETWEEN
of
November
, 1983
THE GOVERNMENT OF INDONESIA (hereinafter
referred to as Indonesia)
and
THE GOVERNMENT OF CANADA
herein
represented by the Secretary of
State for External Affairs acting through
the President of the Canadian International
Development Agency
(hereinafter referred
to as "Canada")
WHEREAS Indonesia wishes to secure a development
loan for the purchase of goods as described in Annex "A"
of this Agreement;
AND WHEREAS Canada is willing to make a development loan available for
purpose on the terms and
ｴｨｾｳ＠
conditions provided herein ;
NOW THEREFORE the parties hereto agree as follows :
ARTICLE
I
The Loan
Section
1 . 01
Canada shall make available to Indonesia on the
J
terms and conditions hereinafter se L
!OJ.
amount not to exceed fifteen
($15,000 , 000) .
Canadian
ｭｾｬｩｯｮ＠
Lh
d
Lucw .in
ｴｨｾ＠
dollars
2
Section 1.02
Canada shall open on its books a Loan Account in
the name
of Indonesia and shall credit to such Account
the full amount of the Loan.
Withdrawals, payments and
disbursements may be made from the Loan Account
in
accordance with the provisions of this Agreement .
Section 1.03
ｔｨｾｳ＠
Loan shall be free from interest, commitment
or service charges .
Section 1 . 04
Payment of the principal amount of the Loan shall
be made in eighty (80)
semi-annual instalments of one
hundred and eighty-seven thousand and
Canadian dollars
five hundred
($187,500) each, due and
payable
on
the last day of September and March in each year commencing
on 1993 and ending on 2033 .
Section 1 . 05
Indonesia shall have the right to prepay
the
principal amount in whole or in part on any date without
Notice to Canada. The amount of any such
prepayment shall
be applied on the instalments of principal then remaining
payable in the reverse order of their maturity .
Section 1.06
All payments as set forth herein shall be made by
Indonesia in Canadian dollars to the Receiver General for
Canada and shall be deemed to have been paid when received
by the Receiver General for Canada.
J
3
Secti on 1. 07
The principal of the Loan shall be paid to Canada
without any deductions whatsoever and more particularly
shall be free from any taxes , charges or other restrictions imposed under
the Laws of Indonesia
and those
in
effect in its territories of administrative , po l itical
or judi c i al d i visions or subdivisions.
ARTICLE
II
Use of the Loan
Section 2 . 01
Except as may otherwise be speci fical l y agreed
to by Canada , the proceeds of the Loan shall be used
by Indonesi a exclusively for the purchase of goods as
described in Annex "A", and the procedures for procurement and payment shall be those set forth in Annex " B".
Each annex shall be subject to such subsequent modifications as may be agreed upon between Canada and Indonesia .
Section 2 . 0 2
Goods to be financed from the proceeds of the Loan
sha ll be procured in Canada and shall
Canadi an content of sixty- six and two
ｴｨｾｲ､ｳ＠
have
an overall
per
cent
(66 2/3%) .
Section 2 . 03
Goods contracted for prior to the effective
of this Agreement are not eli gible for financing
date
from
the proceeds of the Loan unless otherwise agreed to
Canada and Indonesia .
J
by
4
Section 2.04
Proceeds from the Loan shall not be used by Indonesia to meet the costs of
any taxes, fees or
duties imposed directly or indirectly by
customs
Indonesia
on
any goods financed from the proceeds of the Loan .
Section 2 . 05
Indonesia shall immediately
notify Canada of any
payment it receives for loss or damage to goods in transit
under an insurance policy or otherwise.
Unless otherwise
agreed to by Canada and Indonesia, Indonesia shall
such proceeds to replace the goods or portion
with like
goods
use
thereof
from a Canadian source in accordance
with the same procedures as those applicable to procurement financed by the proceeds of the Loan .
ARTICLE
III
Withdrawals of Proceeds of Loan
Section 3 . 01
Withdrawals shall be deemed to occur on the dates
on which payments are made by Canada directly to
supplier, or to other persons agreed to between
the
Canada
and Indonesia.
Section 3 . 02
Subject to the conditions
and
limitations set
forth herein, Indonesia shall be entitled to withdrawals
from the Loan Account in such amounts as are required to
meet the reasonable cost of goods which are eligible
for financing, as the costs become due and payable .
J
5
Sect1on 3 . 03
Indonesia or its designated agent shall provide
Canada with a copy of each contract and/or purchase order
for the procurement of fertilizers in respect of which
any w1thdrawal is to be made .
Section 3 . 04
Indonesia or its designated agent shall furnish ,
or cause to be furn1shed , to Canada such documenLs and
other cv1dence in support of withdrawals as Canada may
reasonably request, such evidence to be sufficient in
form and substance to establish that the amounts to be
withdrawn are properly related to the purposes of this
Agreement .
ARTICLE
Cancellation
IV
and Suspension
Section 4 . 01
Indonesia may, by sixty (60) days Notice to Canada,
cancel all or any part of the Loan not withdrawn by
Indonesia prior to the giving of such Notice and not
required to meet outstanding financial obligations to
suppliers of firms 1ncurred under the Loan .
Section 4.02
If any of the following events occur , Canada may
suspend ｷｩｴｨ､ｲＮ｡
｡ ｾ＠
from the Loan Account , or declare
the principal outstanding due and payable immediately
and cancel that part of the Loan not previously withdrawn :
6
(a) A default by Indonesia in the payment
of
principal or in any other payments or repayments required under this Agreement and the
Annexes hereto ;
(b) A default on the part of Indonesia in the
preformace of any undertakings under
Agreement;
this
(c) Any extraordinary situation which renders i t
impossible
for
Indonesia to perform
its
obligations under this Agreement.
Section 4 . 03
Unless otherwise agreed to between
Canada
and
Indonesia, if the full amount of the Loan is not disbursed
by the date specified in Annex "A" the balance will be
cancelled by Canada and the installments of the repayment
to be made shall be reduced accordingly.
ARTICLE
V
General Undertakings
Section 5.01
Canada and Indonesia shall each ensure that this
Agreement is carried out with due diligence and efficiency
and in conformity with sound administrative and financial
practices .
Section 5. 02
Canada and Indonesia shall cooperate
fully
to
ensure that the purpose of the Loan will be accomplished,
and each
J
ｳｨ｡ｾｬ＠
furnish to tne other al! such information
7
as shall reasonably be requested with regard to
general status of the Loan.
Canada, as soon as possible of any condition
contingency
ｷｨｾ｣＠
the
Indonesia shall inform
or
interferes with, or threatens
interfere with, the accomplishment
to
of this Agreement
or any matter of thing in connection therewith .
Section 5.03
Indonesia shall afford accredited representatives of Canada all reasonable opportunities to visit
any part of the territories of Indonesia for purposes
related to this Loan Agreement .
Section 5.04
Indonesia shall fulfill the responsibilities
mentioned in Annex
c.
Section 5 .05
This Agreement and any Annexes hereto shall be
free from any taxes, fees, or other charges that
be imposed under the laws of Indones ia and
those
may
in
effect in its territories of administrative, political
or judicial divisions or subdivisions
in connection
with the execution, issue, delivery and registration
thereof.
Section 5.06
Indonesia shall at all times provide
or
cause
to be provided as needed all monies and resources which
may be required to implement this Agreement.
J
8
Section 5.07
For the purposes of this Agreement and Annexes
hereto Indonesia shall include any agent or agents
authorized by and on behalf of Indonesia with regard
to its rights, duties and obligations herein.
ARTICLE
VI
Communications
Section 6.01
Any communication or document given, made or sent
by either Indonesia or Canada pursuant to this Agreement
or any Annexes hereto shall be in writing and shall
be
deemed to have been duly given, made or sent to the party
to which i t is addressed at the time of its delivery by
hand, mail, telegram, cable, or radiogram at its respective address, namely :
For Indonesia
The
ｍｩｮｾｳｴｲｹ＠
of Foreign Affairs
Jalan Taman Pejambon 6- 8
Jakarta, Indonesia
Cable address: DEPLU, Jakarta
- Bank Indonesia
Jl . Kebon Sirih 82- 84
Jakarta, Indonesia
Cable address: DELEGASI, Jakarta
- Directorate General for International
Monetary Affairs
Ministry of Finance
Jalan Lapangan Banteng Timur 2-4
Jakarta, Indonesia
Cable address : DITMON, Jakarta
J
9
The President
For Canada
Canadian International Development Agency
200 Promenade du Portage
Hull, Quebec, CANADA
KlA
OG4
Telex :
ＰｾＳ
Ｍ
ＴＱＰ＠
Section 6.02
Any one of the parties hereto may, by Notice to
the other
party
hereto, change the address
to which
any Notice or request intended for the party so giving
such Notice shall be addressed .
Section 6.03
All Communications
Canada shall
be
and documents submitted
in either the
English or
to
the French
language and all technical specifications therein shall
be in terms of Canadian
standards except where Canada
may agree otherwise in writing.
Section 6 . 04
This Agreement and Annexes
"A", "B", and "C"
attached hereto, which form part of this Agreement, may
be
amended from time to time
parties concerned .
upon
agreement
Amendment to the main
body
of
the
of the
Agreement shall be executed by a formal amendment
However,
signed by the authorized representatives .
a'l\endments to the Annexes may be made by an exchange
of letters between Indonesia and Canada .
J
lU
IN WITNESS WHEREOF the Parties hereto have caused
to be subscribed the signature of their authorized representatives at the City of Jakarta as of the day and
the
year first above wri tten
Signed on behalf of the
Government of Indonesia
Signed
ｓｵ
ｾ
ｲ ｩｪＶ＠
Martonagoro, MA
Acting Director General for
Foreign Economic Relat1ons,
Department of Foreign Affairs
Signed on behalf of the
Government
of Canada
Signed
Maldwyn
Thomas
Ambassador
ANNEX
A
Attached to and forming part of the Loan Agreement between
Canada and Indonesia
Use of the Loan
1.0
The proceeds of the loan may be used to pay the
ｦｯｬｷｾｮｧ＠
Canadian dollar costs of the
1. 1
:
The purchase in Canada of potash fertilizer
(Muriate of Potash) ; and
1.2
The cost of insurance
ana ocean
ｦｲ･ｾｧｨｴ＠
from
Canada to Indonesia
2. 0
'l'he proceeds of the loan shall be disbursed no
later than March 31 , 1984, unless otherwise agreed .
.I
ANNEX
B
Attached to and forming part of the Loan Agreement between
Canada and Indonesia
1.0
Procedures for Procurement of Fertilizer
1.1
Indonesia shall enter into a contract with
CANPOTEX on the basis of direct negotiation;
1.2
'!'he product shall be
ｳｰ･｣ｾｦｩ､＠
as to bulk or
bagged form and shall be quoted on the basis
of "cost plus insurance plus freight"
(CIF)
to a specified Indonesian port(s);
1.3
A copy of all contracts shall be provided to
CIDA for its review and approval
signature;
1.4
ｰｲｾｯ＠
to
CANPOTEX will utilize Indonesian vessels
if
such vessels are available on a competitive
and timely basis.
2.0
Procedures for Payment
2.1
Payment shall be made by CIDA directly to the
Canadian supplier in accordance with the terms
of the contract following receipt of the
following documents :
li)
(ii)
(iii)
Suppliers invoice;
Non-negotiable Ocean bills of lading;
Other documents as may be required
conform with the purchasers contract
inspection certificates, etc.
J
to
ｾ
Ｎ ･
Ｎ＠
ANNEX
2.2
B
(cont ' d)
CIDA shall confirm to the supplier that
payments will be made directly by CIDA
Canadian dollars in accordance with
in
the
terms and conditions of the contract
and
upon receipt of the documentation required
therein ;
2.3
Contracts with Canadian suppliers shall not
be cancelled by Indonesia without the prior
approval of CIDA .
In the event of cancellation
CIDA shall have the authority
to
pay
cancel lation charges from the Loan Account .
2.4
CIDA shall notify the Government of Indonesia
of disbursements made under this agreement
and provide copies of the supporting documentation specified in the contract .
Statements
of disbursements shall be prepared by
CIDA
and forwarded to the Government of Indonesia
quarterly .
J
ANNEX
C
Attached to and forming part of the Loan Agreement between
Canada and Indonesia
1.0
Responsibilities of the Government of Indonesia :
1.1
Arrange for receipt, storage, and distribution
in Indonesia of the potash fertilizer;
1.2
Arrange with Indonesian
customs officials to
properly clear through Indonesian customs free
of import customs and other duties and taxes,
the potash fertilizer provided under this Agreement;
1. 3
Provide all permits, licences and other documents
necessary for the importation of the
fertilizer;
1. 4
potash
Prepare and submit claims to the Canadian supplier
for incomplete shipments; and similarly
for
insurance claims in the event of loss or damage
while in transit;
1.5
Pay for demurrage at port of discharge
in
Indonesia;
1.6
Designate the Ministry of Trade, Government
of
Indonesia (hereinafter called the "designated
authority") for the management of the
Loan
Account, arranging allotments therefrom to public
and/or private sector agencies for the purchase
of Potash Fertilizer;
)
ANNEX
1.7
C
(cont'd)
Provide CIDA through the Canadian Embassy,
Jakarta, with information concerning the name
and address of the designated authority
together with the name(s) of official(s)
authorized to act or sign on behalf of the
designated authority.
The designated authority will
1.8
Provide CIDA, through the Canadian
Embassy,
Jakarta, with information concerning
the
adiminstrative and financial controls which
it has adopted thus ensuring compatible
procedures are available within CIDA;
1.9
Provide CIDA, through the Canadian
Embassy,
Jakarta, with information concerning the
names of the Public and/or private sector
agencies and organizations which receive
allotments of Potash Fert1lizer purchased
through the Loan Account;
1.10
Ensure that any public/private sector procurement agency is advised concerning its obligations to comply with all terms and conditions
detailed herein ;
1.11
Cooperate in providing information to
CIDA
officials and their contractors on the prosessing, distribution and utilization of the
Potash fertilizer purchased under this Loan
Agreement .
J
between
THE GOVERNMENT OF
INDONESIA
and
THE GOVERNl·1ENT OF CANADA
for
A FERTILIZER COl.fMODITY LOAN
1983
I
THIS AGREEMENT MADE IN DUPLICATE
the
day
BETWEEN
of
November
, 1983
THE GOVERNMENT OF INDONESIA (hereinafter
referred to as Indonesia)
and
THE GOVERNMENT OF CANADA
herein
represented by the Secretary of
State for External Affairs acting through
the President of the Canadian International
Development Agency
(hereinafter referred
to as "Canada")
WHEREAS Indonesia wishes to secure a development
loan for the purchase of goods as described in Annex "A"
of this Agreement;
AND WHEREAS Canada is willing to make a development loan available for
purpose on the terms and
ｴｨｾｳ＠
conditions provided herein ;
NOW THEREFORE the parties hereto agree as follows :
ARTICLE
I
The Loan
Section
1 . 01
Canada shall make available to Indonesia on the
J
terms and conditions hereinafter se L
!OJ.
amount not to exceed fifteen
($15,000 , 000) .
Canadian
ｭｾｬｩｯｮ＠
Lh
d
Lucw .in
ｴｨｾ＠
dollars
2
Section 1.02
Canada shall open on its books a Loan Account in
the name
of Indonesia and shall credit to such Account
the full amount of the Loan.
Withdrawals, payments and
disbursements may be made from the Loan Account
in
accordance with the provisions of this Agreement .
Section 1.03
ｔｨｾｳ＠
Loan shall be free from interest, commitment
or service charges .
Section 1 . 04
Payment of the principal amount of the Loan shall
be made in eighty (80)
semi-annual instalments of one
hundred and eighty-seven thousand and
Canadian dollars
five hundred
($187,500) each, due and
payable
on
the last day of September and March in each year commencing
on 1993 and ending on 2033 .
Section 1 . 05
Indonesia shall have the right to prepay
the
principal amount in whole or in part on any date without
Notice to Canada. The amount of any such
prepayment shall
be applied on the instalments of principal then remaining
payable in the reverse order of their maturity .
Section 1.06
All payments as set forth herein shall be made by
Indonesia in Canadian dollars to the Receiver General for
Canada and shall be deemed to have been paid when received
by the Receiver General for Canada.
J
3
Secti on 1. 07
The principal of the Loan shall be paid to Canada
without any deductions whatsoever and more particularly
shall be free from any taxes , charges or other restrictions imposed under
the Laws of Indonesia
and those
in
effect in its territories of administrative , po l itical
or judi c i al d i visions or subdivisions.
ARTICLE
II
Use of the Loan
Section 2 . 01
Except as may otherwise be speci fical l y agreed
to by Canada , the proceeds of the Loan shall be used
by Indonesi a exclusively for the purchase of goods as
described in Annex "A", and the procedures for procurement and payment shall be those set forth in Annex " B".
Each annex shall be subject to such subsequent modifications as may be agreed upon between Canada and Indonesia .
Section 2 . 0 2
Goods to be financed from the proceeds of the Loan
sha ll be procured in Canada and shall
Canadi an content of sixty- six and two
ｴｨｾｲ､ｳ＠
have
an overall
per
cent
(66 2/3%) .
Section 2 . 03
Goods contracted for prior to the effective
of this Agreement are not eli gible for financing
date
from
the proceeds of the Loan unless otherwise agreed to
Canada and Indonesia .
J
by
4
Section 2.04
Proceeds from the Loan shall not be used by Indonesia to meet the costs of
any taxes, fees or
duties imposed directly or indirectly by
customs
Indonesia
on
any goods financed from the proceeds of the Loan .
Section 2 . 05
Indonesia shall immediately
notify Canada of any
payment it receives for loss or damage to goods in transit
under an insurance policy or otherwise.
Unless otherwise
agreed to by Canada and Indonesia, Indonesia shall
such proceeds to replace the goods or portion
with like
goods
use
thereof
from a Canadian source in accordance
with the same procedures as those applicable to procurement financed by the proceeds of the Loan .
ARTICLE
III
Withdrawals of Proceeds of Loan
Section 3 . 01
Withdrawals shall be deemed to occur on the dates
on which payments are made by Canada directly to
supplier, or to other persons agreed to between
the
Canada
and Indonesia.
Section 3 . 02
Subject to the conditions
and
limitations set
forth herein, Indonesia shall be entitled to withdrawals
from the Loan Account in such amounts as are required to
meet the reasonable cost of goods which are eligible
for financing, as the costs become due and payable .
J
5
Sect1on 3 . 03
Indonesia or its designated agent shall provide
Canada with a copy of each contract and/or purchase order
for the procurement of fertilizers in respect of which
any w1thdrawal is to be made .
Section 3 . 04
Indonesia or its designated agent shall furnish ,
or cause to be furn1shed , to Canada such documenLs and
other cv1dence in support of withdrawals as Canada may
reasonably request, such evidence to be sufficient in
form and substance to establish that the amounts to be
withdrawn are properly related to the purposes of this
Agreement .
ARTICLE
Cancellation
IV
and Suspension
Section 4 . 01
Indonesia may, by sixty (60) days Notice to Canada,
cancel all or any part of the Loan not withdrawn by
Indonesia prior to the giving of such Notice and not
required to meet outstanding financial obligations to
suppliers of firms 1ncurred under the Loan .
Section 4.02
If any of the following events occur , Canada may
suspend ｷｩｴｨ､ｲＮ｡
｡ ｾ＠
from the Loan Account , or declare
the principal outstanding due and payable immediately
and cancel that part of the Loan not previously withdrawn :
6
(a) A default by Indonesia in the payment
of
principal or in any other payments or repayments required under this Agreement and the
Annexes hereto ;
(b) A default on the part of Indonesia in the
preformace of any undertakings under
Agreement;
this
(c) Any extraordinary situation which renders i t
impossible
for
Indonesia to perform
its
obligations under this Agreement.
Section 4 . 03
Unless otherwise agreed to between
Canada
and
Indonesia, if the full amount of the Loan is not disbursed
by the date specified in Annex "A" the balance will be
cancelled by Canada and the installments of the repayment
to be made shall be reduced accordingly.
ARTICLE
V
General Undertakings
Section 5.01
Canada and Indonesia shall each ensure that this
Agreement is carried out with due diligence and efficiency
and in conformity with sound administrative and financial
practices .
Section 5. 02
Canada and Indonesia shall cooperate
fully
to
ensure that the purpose of the Loan will be accomplished,
and each
J
ｳｨ｡ｾｬ＠
furnish to tne other al! such information
7
as shall reasonably be requested with regard to
general status of the Loan.
Canada, as soon as possible of any condition
contingency
ｷｨｾ｣＠
the
Indonesia shall inform
or
interferes with, or threatens
interfere with, the accomplishment
to
of this Agreement
or any matter of thing in connection therewith .
Section 5.03
Indonesia shall afford accredited representatives of Canada all reasonable opportunities to visit
any part of the territories of Indonesia for purposes
related to this Loan Agreement .
Section 5.04
Indonesia shall fulfill the responsibilities
mentioned in Annex
c.
Section 5 .05
This Agreement and any Annexes hereto shall be
free from any taxes, fees, or other charges that
be imposed under the laws of Indones ia and
those
may
in
effect in its territories of administrative, political
or judicial divisions or subdivisions
in connection
with the execution, issue, delivery and registration
thereof.
Section 5.06
Indonesia shall at all times provide
or
cause
to be provided as needed all monies and resources which
may be required to implement this Agreement.
J
8
Section 5.07
For the purposes of this Agreement and Annexes
hereto Indonesia shall include any agent or agents
authorized by and on behalf of Indonesia with regard
to its rights, duties and obligations herein.
ARTICLE
VI
Communications
Section 6.01
Any communication or document given, made or sent
by either Indonesia or Canada pursuant to this Agreement
or any Annexes hereto shall be in writing and shall
be
deemed to have been duly given, made or sent to the party
to which i t is addressed at the time of its delivery by
hand, mail, telegram, cable, or radiogram at its respective address, namely :
For Indonesia
The
ｍｩｮｾｳｴｲｹ＠
of Foreign Affairs
Jalan Taman Pejambon 6- 8
Jakarta, Indonesia
Cable address: DEPLU, Jakarta
- Bank Indonesia
Jl . Kebon Sirih 82- 84
Jakarta, Indonesia
Cable address: DELEGASI, Jakarta
- Directorate General for International
Monetary Affairs
Ministry of Finance
Jalan Lapangan Banteng Timur 2-4
Jakarta, Indonesia
Cable address : DITMON, Jakarta
J
9
The President
For Canada
Canadian International Development Agency
200 Promenade du Portage
Hull, Quebec, CANADA
KlA
OG4
Telex :
ＰｾＳ
Ｍ
ＴＱＰ＠
Section 6.02
Any one of the parties hereto may, by Notice to
the other
party
hereto, change the address
to which
any Notice or request intended for the party so giving
such Notice shall be addressed .
Section 6.03
All Communications
Canada shall
be
and documents submitted
in either the
English or
to
the French
language and all technical specifications therein shall
be in terms of Canadian
standards except where Canada
may agree otherwise in writing.
Section 6 . 04
This Agreement and Annexes
"A", "B", and "C"
attached hereto, which form part of this Agreement, may
be
amended from time to time
parties concerned .
upon
agreement
Amendment to the main
body
of
the
of the
Agreement shall be executed by a formal amendment
However,
signed by the authorized representatives .
a'l\endments to the Annexes may be made by an exchange
of letters between Indonesia and Canada .
J
lU
IN WITNESS WHEREOF the Parties hereto have caused
to be subscribed the signature of their authorized representatives at the City of Jakarta as of the day and
the
year first above wri tten
Signed on behalf of the
Government of Indonesia
Signed
ｓｵ
ｾ
ｲ ｩｪＶ＠
Martonagoro, MA
Acting Director General for
Foreign Economic Relat1ons,
Department of Foreign Affairs
Signed on behalf of the
Government
of Canada
Signed
Maldwyn
Thomas
Ambassador
ANNEX
A
Attached to and forming part of the Loan Agreement between
Canada and Indonesia
Use of the Loan
1.0
The proceeds of the loan may be used to pay the
ｦｯｬｷｾｮｧ＠
Canadian dollar costs of the
1. 1
:
The purchase in Canada of potash fertilizer
(Muriate of Potash) ; and
1.2
The cost of insurance
ana ocean
ｦｲ･ｾｧｨｴ＠
from
Canada to Indonesia
2. 0
'l'he proceeds of the loan shall be disbursed no
later than March 31 , 1984, unless otherwise agreed .
.I
ANNEX
B
Attached to and forming part of the Loan Agreement between
Canada and Indonesia
1.0
Procedures for Procurement of Fertilizer
1.1
Indonesia shall enter into a contract with
CANPOTEX on the basis of direct negotiation;
1.2
'!'he product shall be
ｳｰ･｣ｾｦｩ､＠
as to bulk or
bagged form and shall be quoted on the basis
of "cost plus insurance plus freight"
(CIF)
to a specified Indonesian port(s);
1.3
A copy of all contracts shall be provided to
CIDA for its review and approval
signature;
1.4
ｰｲｾｯ＠
to
CANPOTEX will utilize Indonesian vessels
if
such vessels are available on a competitive
and timely basis.
2.0
Procedures for Payment
2.1
Payment shall be made by CIDA directly to the
Canadian supplier in accordance with the terms
of the contract following receipt of the
following documents :
li)
(ii)
(iii)
Suppliers invoice;
Non-negotiable Ocean bills of lading;
Other documents as may be required
conform with the purchasers contract
inspection certificates, etc.
J
to
ｾ
Ｎ ･
Ｎ＠
ANNEX
2.2
B
(cont ' d)
CIDA shall confirm to the supplier that
payments will be made directly by CIDA
Canadian dollars in accordance with
in
the
terms and conditions of the contract
and
upon receipt of the documentation required
therein ;
2.3
Contracts with Canadian suppliers shall not
be cancelled by Indonesia without the prior
approval of CIDA .
In the event of cancellation
CIDA shall have the authority
to
pay
cancel lation charges from the Loan Account .
2.4
CIDA shall notify the Government of Indonesia
of disbursements made under this agreement
and provide copies of the supporting documentation specified in the contract .
Statements
of disbursements shall be prepared by
CIDA
and forwarded to the Government of Indonesia
quarterly .
J
ANNEX
C
Attached to and forming part of the Loan Agreement between
Canada and Indonesia
1.0
Responsibilities of the Government of Indonesia :
1.1
Arrange for receipt, storage, and distribution
in Indonesia of the potash fertilizer;
1.2
Arrange with Indonesian
customs officials to
properly clear through Indonesian customs free
of import customs and other duties and taxes,
the potash fertilizer provided under this Agreement;
1. 3
Provide all permits, licences and other documents
necessary for the importation of the
fertilizer;
1. 4
potash
Prepare and submit claims to the Canadian supplier
for incomplete shipments; and similarly
for
insurance claims in the event of loss or damage
while in transit;
1.5
Pay for demurrage at port of discharge
in
Indonesia;
1.6
Designate the Ministry of Trade, Government
of
Indonesia (hereinafter called the "designated
authority") for the management of the
Loan
Account, arranging allotments therefrom to public
and/or private sector agencies for the purchase
of Potash Fertilizer;
)
ANNEX
1.7
C
(cont'd)
Provide CIDA through the Canadian Embassy,
Jakarta, with information concerning the name
and address of the designated authority
together with the name(s) of official(s)
authorized to act or sign on behalf of the
designated authority.
The designated authority will
1.8
Provide CIDA, through the Canadian
Embassy,
Jakarta, with information concerning
the
adiminstrative and financial controls which
it has adopted thus ensuring compatible
procedures are available within CIDA;
1.9
Provide CIDA, through the Canadian
Embassy,
Jakarta, with information concerning the
names of the Public and/or private sector
agencies and organizations which receive
allotments of Potash Fert1lizer purchased
through the Loan Account;
1.10
Ensure that any public/private sector procurement agency is advised concerning its obligations to comply with all terms and conditions
detailed herein ;
1.11
Cooperate in providing information to
CIDA
officials and their contractors on the prosessing, distribution and utilization of the
Potash fertilizer purchased under this Loan
Agreement .
J