Selanjutnya
THIS AGREEMENT MADE IN DUPLICATE THE
4th Day of May, 1973
BE1WEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
(hereinafter called "Indonesia")
and
THE GOVERNMENT OF CANADA
(hereinafter referred to as "Canadarr) as
represented by the Secretary of State for
External Affairs acting through the President
of the Canadian International Development
Agency (hereinafter referred to as "CIDA")
WHEREAS Indonesia wishes to purchase in Canada certain
equipment and cormnodities as described in Annex "A" of this
Agreement.
AND WHEREAS Canada is willing to make a development loan
available for this purpose on the terms and 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 terms and
conditions hereinafter set forth a development loan in an amount
not to exceed eight million Canadian dollars ($8.000.000)
Section 1.02
Canada shall open on its books a loan account in the name
of Bank Indonesia acting for and on behalf of the Government of
Indonesia (hereinafter referred to as "Bank Indonesia") and
shall credit to such account the full amount of the Loan.
Withdrawals .......... .
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Withdrawals, payments and disbursements may be made from the
Loan Account in accordance with the provisions of this Agreement
Section 1.03
This Loan shall be free from interest, commitment or service
charges.
Section 1.04
Repayment of the principal amount of the Loan shall be made
in eighty semi-annual instalments of one hundred thousand
Canadian dollars ($100.000) each, due and payable on the last day
of September and March in each year commencing on March 31, 1984
and ending on September 30, 2023.
Section 1.05
Indonesia shall have the right to prepay principal in whole
or in part on any date without notice to Canada. The amount of any
prepayment shall be applied on the instalments of principal then
remaining payable in the reverse order of their maturity.
Section 1.06
All payments and prepayments, as set forth herein, shall be
made by Indonesia in Canadian dollars to the Receiver-General of
Canada, and shall be deemed t0 have been paid when received by
the Receiver-General of Canada.
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Section 1.07
The principal of the Loan shall be paid without any
deductions whatsoever and more particularly shall be free from
any taxes, chargesor other restrictions imposed under the laws of
Indonesia and those in effect in its territories or subdivisions.
Section 1.08
Indonesia agrees that it will negotiate, at the request of
Canada, concerning acceleration of payments to the ReceiverGeneral of Canada to be made under this Agreement at any time
after ...... .
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after six (6) months before the first payment of principal
becomes due and payable. Indonesia and Canada shall mutually
determine whether, on the basis of the capacity of Indonesia to
service a more rapid liquidation of its obligations in the light
of its internal and external financial aid and economic ｰｯｳｩｴｾＬ＠
such an acceleration should take place.
ARTICLE
II
Section 2.01
Except as may otherwise be specifically agreed to by Canada,
the proceeds of the Loan shall be used by Indonesia exclusively
for the purchase of certain equipment and c·o mmodities in Canada
and for the payment of ocean freight and marine insurance for
such equipment and commodities. All items required to carry out
the Loan Agreement shall be as described in Annex "A" and
procedures for their procurement and payment shall be those set
forth in Annex "B", both Annexes being subject to such
modification as may be agreed upon between Canada and Indonesia.
Section 2.02
The equipment and commodities to be financed from the
proceeds of the Loan shall be procured in Canada and shall have
an overall Canadian manufactured content of not less than sixty six and two-thirds per cent (66 2/3%).
Section 2.03
Equipment and commodities contracted for prior to the
effective date. of this Agreement may not be financed out of the
proceeds of the Loan except as may otherwise be agreed to by
Canada.
Section 2.04
The equipment and commodities supplied under this Agreement
are for domestic Indonesian consumption and shall not be reexported by Indonesia.
Section 2.05 ....
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Section 2.05
Proceeds from the Loan shall not be used by Indonesia to
meet the costs of any taxes, fees or customs duties imposed
directly or indirectly by Indonesia on the items procured.
ARTICLE
III
Withdrawals of Proceeds of Loan
Section 3.01
Withdrawals from the Loan account shall be for payments to
Canadian suppliers for imports by Indonesia of equipment and
commodities eligible under this Agreement and for the payment
of ocean freight and marine insurance for such equipment and
commodities. Such payments will be made under irrevocable letters
of credit, expressed in Canadian currency, issued by Indonesian
foreign exchange banks designated by Bank Indonesia through
designated correspondent Canadian banks.
Section 3.02
Withdrawals shall be deemed to occur on the dates on which
reimbursements are made from the loan account to the designated
Canadian bank for the payments to suppliers referred to in
Section 3. 01.
Section 3.03
Subject to the conditions and limitations set forth,
Indonesia shall be entitled to withdrawals from the Loan account
in such amounts as are required to meet the reasonable costs of
the commodities in Annex "A" and the costs of ocean freight and
marine insurance for such commodities, as these become due and
payable.
Section 3.04 ....
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Section 3.04
As set forth in Annex "B" hereto for public sector
procurement the Indonesian procuring agency shall provide
Canada with a copy of each invitation to tender, contract and/
or purchase order for the procurement of commodities under this
Loan Agreement in respect of which any withdrawal is to be made.
Private sector procurement may be without tender for individual
transactions not exceeding $200.000 (Cdn ) each, unless otherwise agreed to by Canada. Bank Indonesia and/or the relevant
Indonesian foreign exchange bank, designated by Bank Indonesia,
shall provide Canada with a copy of each irrevocable letter
of credit issued under this Agreement.
Section 3.05
The Indonesian procuring Agency shall furnish or cause
to be furnished to Canada such documents and other evidence in
support of the letters of credit referred to in Section 3.01
as Canada may reasonably request, such evidence to be sufficient
in form and substance to establish that the amounts to be withdr
are properly related to the purposes of the Loan Agreement.
ARTICLE
IV
Cancellation 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 or firms incurred under the
Loan.
Section 4.02
If any of the following events occur and continue to occur,
Canada may, by sixty (60) days' notice to Indonesia, specifying
the ........... .
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the reason for suspension, suspend in whole or in part the
right of Indonesia to obtain withdrawals from the Loan account
a) A default on the part of Indonesia in the performance of any
undertaking under this Agreement;
b) Any situation which renders it impossible for Indonesia to
perform its obligations under this Agreement.
If suspension occurs and continues for thirty (30) days, Canada
may by sixty (60) days' notice to Indonesia, cancel that part of
the loan not withdrawn prior to the giving of such notice, and
not required to meet outstanding financial obligations to
suppliers or firms incurred under the Loan.
Section 4.03
Unless otherwise agreed to by Canada, if the full amount
of the Loan is not spent by March 31, 1974, the balance will
be cancelled and the final instalments of the repayment to be
made by Indonesia shall be reduced accordingly.
ARTICLE
V
General Undertakings
Section 5.01
Indonesian and Canada shall ensure that this Agreement is
carried out with due diligence and efficiency and each shall
furnish to the other all such information as shall reasonably
be requested.
Section 5.02
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 5.03 ..... .
7
Section 5.03
The present Agreement and any Annex hereto shall be free
from any taxes, fees or other charges that may be imposed under
the laws of Indonesia and those in effect in its territories or
administrative, political or juridical divisions or subdivisions
in connection with the execution, issue, delivery and registration
thereof.
Section 5.04
Indonesia shall at all times provide or cause to be provided
as needed all other monies and resources which may be required
to implement this Agreement.
Section 5.05
For the purposes of this Agreement and the 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
Section 6.01
Any connnunication or documents given made or sent by either
Indonesia or Canada pursuant to the present Agreement or any
Annex thereto shall be in writing and shall be deemed to have
been duly given, made or sent to the party to which it is
addressed at -the time of its delivery by hand, mail, telegram
cable or radiogram at its respective address, namely :
For Indonesia
Bank Indonesia
Mail Address:
Jalan Kebon Sirih No.82-84
Jakarta Indonesia
Cable Address:
Delegasi , Jakarta
For Canada ..... .
8
For Canada:
Canadian International Development
Agency
Mail Address:
122 Bank Street
Ottawa, Ontario, Canada, KIA OG4
Cable Address:
CIDA, Ottawa
and/or
Canadian Embassy
Mail Address:
Jalan Budi Kemuliaan No.6
Jakarta, Indonesia
Cable Address:
Demean, Jakarta
Section 6.02
Any one of the parties hereto may, by notice to the other
party, 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 and documents submitted to Canada shall
be either the English or the French language and all technical
specifications therein shall be in terms of Canadian standards
except where Canada may otherwise agree in writing.
Section 6.04
This Agreement may be simultaneously executed in several
counterparts each of which so executed shall be deemed an
original.
IN WITNESS .......... .
9
IN WITNESS WHEREOF, the parties hereto have caused to be
subscribed the signatures of their authorized representatives
at the City of Jakarta as of the day and year first above
written.
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ON BEHALF\\ OF THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
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ON BEHALF OF THE GOVERNMEN'T'
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CANADA
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Signed
ADAM MALIK
Minister for Foreign Affairs
Signed
W. T. DELWORTH
Ambassador
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ANNEX ''A''
ANNEX "A" TO THE DEVELOPMENT LINE OF CREDIT LOAN
Between the Government of the Republic of Indonesia
And the Government of Canada
Use of the Loan
The proceeds of the Loan are to be utilized exclusively to finance
the purchase from Canadian suppliers of certain products which are
required for development purposes in Indonesia and for the payment
of ocean freight and marine insurance for such products provided
that the total value of items supplied under the Loan shall not
exceed eight million Canadian dollars ($ 8,000,000). Approved products purchased under this Loan may be ordered in any amount and
in any combination of categories within the ceiling of the $8 . 0
million total and within the period in which the Loan is in force
provided that (a) purchases under the Loan shall have a cumulative
average of sixty-six and twothirds (66 2/3) percent Canadian manufacture d content, and (b) purchases of raw and semi-processed materials and corrnnodities shall not exceed $6.0 million, and (c) purchases of capital goods (machinery and equipment) shall not be less
than $2.0 million of the total loan, and (d) the products are eligible for export under Canadian export regulations and are eligible
for import under Indonesian import regulations. For the sake of
efficient shipment, Canada reserves the right to establish certain
minimum quantities or orders for various pr.oducts. In the case of
newsprint and chemical fertilizers, the minimum value of orders
supplied should be $50 , 000 and $500,000 respectively. In the case
of all other products the minimum value of the orders should be
$5,000.
Negative List
The following products shall not be eligible for financing under
this Loan: Items from A,B,C, and D lists according to decree number 334/KP/X/1971 of October 29, 1971, from the Minister of Trade
of Indonesia :
- 12 (iia); 40; 42(ii); 135(i)(ii); 168(i).
- 12,
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- 12, 12(ii)(iia); 24; 36(i); 39(iia); 58; 59(ii);
61(i); 71; 123; 174; 175; 184(iib); 201(ii); ＲＰｾ＠
202(i); 203(i); 237; 281; 283; 284; 285; 286; 337;
343; 344(ii); 346(ia)(ib); 347; 349; 351; 351(i);
351(2); 355, 355(ii), 355(ii-a-b); 742; 742(ii);
743; 764; 838(ii); 839(i); 883; 900(i); 901(i);
902(i); 903(i).
- 32; 42(i); 42(iii); 43; 47; 85; 185; 190; 204;
255; 264; 309(ii); 333, 338; 344(ii); 453; 519;
899; 900(ii); 901(ii); 602(ii); 903(ii) .
- 4; 8, 8(i), 8(ii); 9; 10; 11; 12; 12(ia); 12(ib),
12(ii); 13; 14; 15; 16; 17; 18; 19; 20; 21; 23;
26; 27; 28; 29; 30; 31; 33; 34; 35; 36; 37; 38;
39; 39(i); 39(iia); 39(iib); 41, 41(i), 41(ii);
43(ii); 44; 45; 46; 47; 48, 48(i), 48(ii); 49,
49(i); 49(ii); 50(i); 51; 52, 52(i) , 52(iia),
52(iib); 53; 54; 55; 56; 6l(ii); 62; 63; 64; 65;
66; 67, 67(i); 67(ii); 69; 73; 74; 76, 76(i), 76(ii);
77; 78, 78(i), 78(ii); 79, 80, 80(ii); 81; 82; 83;
84; 86; 87; 88, 89, 90; 91; 92; 93; 93(i), 93(ii);
94; 95; 96, 96(i), 96(ii); 97; 98, 99; 100; 101,
lOl(i), lOl(ii); 102; 103; 104; 105; 106; 107; 107(i),
107(ii); 108; 110; 111; lll(i); lll(ii); 112, 113;
114; 115; 116; 117; 117(i), 117(ii); 117(iia); 117(iib);
118, 118(ii); 118(iia); 119; 120; 121, 121(i); 121(ii);
122; 129; 130; 134; 159(ii); 159(iii); 194(i); 202(ii);
203, 203(ii); 205(ii); 208, 208(i); 208(ii); 212; 213;
290; 295; 298; 334(i); 345; 346(iii); 346(iv); 346(v),
346(vi); 346(vii); 352(v); 352(vi); 352(vii); 352(viii);
356(ij); 356(k), 356(v), 356(vii); 356(ix); 356(x);
356(xii); 356(xiii); 356(xiv); 357, 357(ii); 358; 360(iv);
360(v); 360(vi); 360(via); 360(vib); 360(vii); 360(viii);
360(ix); 411, 413; 414; 429; 430; 431; 432; 433; 434;
435; 438; 439; 474, 475, 503; 508; 514; 516; 516(i);
516(ii); 516(iii); 517; 519; 519 ( i); 519(iii); 520;
521·
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521; 599; 676; 677; 678; 685; 687(i); 709; 742,
742(i); 838(iii); 84l(ia); 880; 905; 905(i);
905(ii); 906, 906(i)' 906(ii)' 907, 907(i),
907(ii); 910; 911; 912; 922; 923; 924(ii); 925;
926; 926(i); 931(ii); 933(ii); 936; 938; 939; 940;
941; 942; 943.
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Arms, armaments, guns, ammunition, and all other equipment
or materials for military use or for the manufacture thereof.
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All atomic energy materials and equipment.
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At CIDA's request, substantiation may be required from time
to time that the products being purchased under this agreement
are required for ､･ｶｬｯｰｭｮｴｱＭｦ
ﾷ ｰｴ［ｲｯｳ･
ﾷ ｾｹ＠
.tndonesia CIDA
reserves the right to amend this negative list as may be required and as may be requested by Indonesia.
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ANNEX "B"
Procurement Procedures
ANNEX "B" TO THE DEVELOPMENT LINE OF CREDIT LOAN
Between the Government of the Republic of Indonesia
And the Government of Canada
1.
Products eligible for financing under this Loan Agreement
may be procured by either the public sector (Government departments and/or agencies) or by the private sector under the following respective procedures
Public Sector
2.
All public sector procurement shall be subject to competitive tender procedures unless prior approval for waiver is
obtained from CIDA.
3.
Before any purchase contracts are entered into, the prospective contracting party shall invite tenders from a representative number of Canadian suppliers of the required products
unless otherwise agreed to by CIDA.
4.
Lists of Canadian suppliers may be obtained from the
Canadian Embassy in Jakarta or from CIDA in Ottawa. Copies of
each tender call, a list of companies invited to tender, and
the assessment of the tenders received will be forwarded to
CIDA and/or the Canadian Embassy in Jakarta. Prior to the issuance of a purchasing contract, Bank Indonesia will obtain
confirmation from Canada to the use of the Loan for each transaction through CIDA and/or the Canadian Embassy, Jakarta which
will constitute clearance for the transaction for Canadian content and tendering regulations.
5.
The Canadian companies invited to tender shall be instructed to :
(a) include in their tender a declaration of the Canadian
content of the products they are offering for
purchase;
(b) send copies of all tenders to CIDA at the same time
as they are forwarded to the recipient Indonesian
procurement ..••.•••.•
2
procurement agency; (the copies of tenders received
by CIDA will be treated as a closed tender call and
not opened until the dates established by the recipient);
(c) complete a Canadian Content Form and forward it to
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CIDA with each copy of tender;
(d) submit to CIDA, technical specifications complying
with the Canadian quality standards for the products
to be supplied .
6.
If other than the lowest tender with acceptable Canadian
content is to be approved, the concurrence of CIDA shall be
obtained before the purchase contract is issued.
7.
CIDA may upon receipt of formal advance application,
waive the lr:equirement for competitive tenders in the situations
specified hereunder;
(a) when procurement is proposed under certain supplier/
importer relationships and the buyer is a recognized
customer of the supplier;
(b) when procurement concerns a product which is only
available from a single source;
(c) when procurement concerns a product which by nature
and specification is peculiar to a specific manuf acturing process or end product;
(d) when products are to be procured under such other
conditions which appear to CIDA to merit a waiver
from the tendering procedures.
8.
Applications for waiver, supported by reasons therefore,
must be forwarded through the Canadian Embassy, Jakarta to
CIDA in Ottawa . No procurement action shall be initia ted until
the notification of approval is given by CIDA.
Private .••••••••
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Private Sector
9.
Private Sector procurement may be without tender for
individual transactions not exceeding $200,000 (Cdn.) each,
unless otherwise agreed to by CIDA.
10.
Prior to shipment of products, the Canadian supptier
shall complete a Canadian Content Form and forward it along
with technical specifications complying with Canadian quality
standards and all supporting documentation, as specified in
the Letter of Credit, to CIDA for approval.
Payment Procedures for Eligible Products Under This Loan
Agreement
11.
Bank Indonesia agrees to issue a general instruction to
accredited foreign exchange banks in Indonesia that Letters
of Credit opened on behalf of ｉｮ､ｯ･ｳｩ｡ｾ｜ｬｰｲｴ＠
:stffepulate
that advice by the Canadian correspondent bank of the credit
to the Canadian suppliers shall be subject to confirmation
by CIDA.
12.
Letters of Credit shall instruct Canadian suppliers to
prepare and submit for payment to the designated Candia.n
correspondent bank all necessary documents, including negotiable bills of lading, cormnercial and marine insurance invoices
as well as non-negotiable and duplicate copies of each of the
above.
13.
The Canadian supplier or the accredited Canadian selling
agent for Indonesia shall be responsible for :
(a) arranging and paying for ocean freight and insurance;
(b) inspection of the products prior to packing and
shipping.
14. The Government .•.••
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14.
The Government of Indoresia shall be responsible for
the preparation and submission of claims to Canadian suppliers
for short shipments, and for the preparation and submission of
marine insurance claims in the event of loses or damage to
commodities while in transit.
15.
Any costs or demurrage shall be to the account of the
Government of Indonesia or its designated agent and may be
considered a liable charge against the Loan.
16.
Statements of disbursements will be prepared by CIDA
and forwarded to Bank Indonesia at six-month intervals,
normally the first of March and the First of September of each
ｾ｡ｬ･ｮ､ｲ＠
year until the Loan Agreement has been terminated.
17.
For the purposes of this Loan Agreement, the designated
Canadian correspondent banks for Indonesia shall be the Bank
of Montreal and the Toronto-Dominion Bank and the Indonesian
foreign exchange banks shall be the following:
(a) Offices throughout Indonesia of:
Bank Indonesia
Bank Ekspor Impor Indonesia
Bank Rakyat Indonesia
Bank Bumi Daya
Bank Dagang Negara
Bank UllUlm Nasional PT.
Bank Negara Indonesia 1946
PT. Bank Bali
PT. Bank Dagang Nasional Indonesia
PT. Bank Perdania
PT. Pan Indonesia Bank
(b) Jakarta •.•.•.•
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(b) Jakarta Offices of:
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American Express Interna tional Banking Corp.
First National City Bank
Bangkok Bank Limited
Bank of America
Chase Manhattan Bank
Bank of Tokyo Limited
Hongkong and Shanghai Banking Corp.
Chartered Bank
Algemene Bank Nederland N.V .
D.iropa isch Asiatis clie .:Bank
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4th Day of May, 1973
BE1WEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
(hereinafter called "Indonesia")
and
THE GOVERNMENT OF CANADA
(hereinafter referred to as "Canadarr) as
represented by the Secretary of State for
External Affairs acting through the President
of the Canadian International Development
Agency (hereinafter referred to as "CIDA")
WHEREAS Indonesia wishes to purchase in Canada certain
equipment and cormnodities as described in Annex "A" of this
Agreement.
AND WHEREAS Canada is willing to make a development loan
available for this purpose on the terms and 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 terms and
conditions hereinafter set forth a development loan in an amount
not to exceed eight million Canadian dollars ($8.000.000)
Section 1.02
Canada shall open on its books a loan account in the name
of Bank Indonesia acting for and on behalf of the Government of
Indonesia (hereinafter referred to as "Bank Indonesia") and
shall credit to such account the full amount of the Loan.
Withdrawals .......... .
2
Withdrawals, payments and disbursements may be made from the
Loan Account in accordance with the provisions of this Agreement
Section 1.03
This Loan shall be free from interest, commitment or service
charges.
Section 1.04
Repayment of the principal amount of the Loan shall be made
in eighty semi-annual instalments of one hundred thousand
Canadian dollars ($100.000) each, due and payable on the last day
of September and March in each year commencing on March 31, 1984
and ending on September 30, 2023.
Section 1.05
Indonesia shall have the right to prepay principal in whole
or in part on any date without notice to Canada. The amount of any
prepayment shall be applied on the instalments of principal then
remaining payable in the reverse order of their maturity.
Section 1.06
All payments and prepayments, as set forth herein, shall be
made by Indonesia in Canadian dollars to the Receiver-General of
Canada, and shall be deemed t0 have been paid when received by
the Receiver-General of Canada.
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Section 1.07
The principal of the Loan shall be paid without any
deductions whatsoever and more particularly shall be free from
any taxes, chargesor other restrictions imposed under the laws of
Indonesia and those in effect in its territories or subdivisions.
Section 1.08
Indonesia agrees that it will negotiate, at the request of
Canada, concerning acceleration of payments to the ReceiverGeneral of Canada to be made under this Agreement at any time
after ...... .
3
after six (6) months before the first payment of principal
becomes due and payable. Indonesia and Canada shall mutually
determine whether, on the basis of the capacity of Indonesia to
service a more rapid liquidation of its obligations in the light
of its internal and external financial aid and economic ｰｯｳｩｴｾＬ＠
such an acceleration should take place.
ARTICLE
II
Section 2.01
Except as may otherwise be specifically agreed to by Canada,
the proceeds of the Loan shall be used by Indonesia exclusively
for the purchase of certain equipment and c·o mmodities in Canada
and for the payment of ocean freight and marine insurance for
such equipment and commodities. All items required to carry out
the Loan Agreement shall be as described in Annex "A" and
procedures for their procurement and payment shall be those set
forth in Annex "B", both Annexes being subject to such
modification as may be agreed upon between Canada and Indonesia.
Section 2.02
The equipment and commodities to be financed from the
proceeds of the Loan shall be procured in Canada and shall have
an overall Canadian manufactured content of not less than sixty six and two-thirds per cent (66 2/3%).
Section 2.03
Equipment and commodities contracted for prior to the
effective date. of this Agreement may not be financed out of the
proceeds of the Loan except as may otherwise be agreed to by
Canada.
Section 2.04
The equipment and commodities supplied under this Agreement
are for domestic Indonesian consumption and shall not be reexported by Indonesia.
Section 2.05 ....
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Section 2.05
Proceeds from the Loan shall not be used by Indonesia to
meet the costs of any taxes, fees or customs duties imposed
directly or indirectly by Indonesia on the items procured.
ARTICLE
III
Withdrawals of Proceeds of Loan
Section 3.01
Withdrawals from the Loan account shall be for payments to
Canadian suppliers for imports by Indonesia of equipment and
commodities eligible under this Agreement and for the payment
of ocean freight and marine insurance for such equipment and
commodities. Such payments will be made under irrevocable letters
of credit, expressed in Canadian currency, issued by Indonesian
foreign exchange banks designated by Bank Indonesia through
designated correspondent Canadian banks.
Section 3.02
Withdrawals shall be deemed to occur on the dates on which
reimbursements are made from the loan account to the designated
Canadian bank for the payments to suppliers referred to in
Section 3. 01.
Section 3.03
Subject to the conditions and limitations set forth,
Indonesia shall be entitled to withdrawals from the Loan account
in such amounts as are required to meet the reasonable costs of
the commodities in Annex "A" and the costs of ocean freight and
marine insurance for such commodities, as these become due and
payable.
Section 3.04 ....
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Section 3.04
As set forth in Annex "B" hereto for public sector
procurement the Indonesian procuring agency shall provide
Canada with a copy of each invitation to tender, contract and/
or purchase order for the procurement of commodities under this
Loan Agreement in respect of which any withdrawal is to be made.
Private sector procurement may be without tender for individual
transactions not exceeding $200.000 (Cdn ) each, unless otherwise agreed to by Canada. Bank Indonesia and/or the relevant
Indonesian foreign exchange bank, designated by Bank Indonesia,
shall provide Canada with a copy of each irrevocable letter
of credit issued under this Agreement.
Section 3.05
The Indonesian procuring Agency shall furnish or cause
to be furnished to Canada such documents and other evidence in
support of the letters of credit referred to in Section 3.01
as Canada may reasonably request, such evidence to be sufficient
in form and substance to establish that the amounts to be withdr
are properly related to the purposes of the Loan Agreement.
ARTICLE
IV
Cancellation 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 or firms incurred under the
Loan.
Section 4.02
If any of the following events occur and continue to occur,
Canada may, by sixty (60) days' notice to Indonesia, specifying
the ........... .
6
the reason for suspension, suspend in whole or in part the
right of Indonesia to obtain withdrawals from the Loan account
a) A default on the part of Indonesia in the performance of any
undertaking under this Agreement;
b) Any situation which renders it impossible for Indonesia to
perform its obligations under this Agreement.
If suspension occurs and continues for thirty (30) days, Canada
may by sixty (60) days' notice to Indonesia, cancel that part of
the loan not withdrawn prior to the giving of such notice, and
not required to meet outstanding financial obligations to
suppliers or firms incurred under the Loan.
Section 4.03
Unless otherwise agreed to by Canada, if the full amount
of the Loan is not spent by March 31, 1974, the balance will
be cancelled and the final instalments of the repayment to be
made by Indonesia shall be reduced accordingly.
ARTICLE
V
General Undertakings
Section 5.01
Indonesian and Canada shall ensure that this Agreement is
carried out with due diligence and efficiency and each shall
furnish to the other all such information as shall reasonably
be requested.
Section 5.02
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 5.03 ..... .
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Section 5.03
The present Agreement and any Annex hereto shall be free
from any taxes, fees or other charges that may be imposed under
the laws of Indonesia and those in effect in its territories or
administrative, political or juridical divisions or subdivisions
in connection with the execution, issue, delivery and registration
thereof.
Section 5.04
Indonesia shall at all times provide or cause to be provided
as needed all other monies and resources which may be required
to implement this Agreement.
Section 5.05
For the purposes of this Agreement and the 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
Section 6.01
Any connnunication or documents given made or sent by either
Indonesia or Canada pursuant to the present Agreement or any
Annex thereto shall be in writing and shall be deemed to have
been duly given, made or sent to the party to which it is
addressed at -the time of its delivery by hand, mail, telegram
cable or radiogram at its respective address, namely :
For Indonesia
Bank Indonesia
Mail Address:
Jalan Kebon Sirih No.82-84
Jakarta Indonesia
Cable Address:
Delegasi , Jakarta
For Canada ..... .
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For Canada:
Canadian International Development
Agency
Mail Address:
122 Bank Street
Ottawa, Ontario, Canada, KIA OG4
Cable Address:
CIDA, Ottawa
and/or
Canadian Embassy
Mail Address:
Jalan Budi Kemuliaan No.6
Jakarta, Indonesia
Cable Address:
Demean, Jakarta
Section 6.02
Any one of the parties hereto may, by notice to the other
party, 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 and documents submitted to Canada shall
be either the English or the French language and all technical
specifications therein shall be in terms of Canadian standards
except where Canada may otherwise agree in writing.
Section 6.04
This Agreement may be simultaneously executed in several
counterparts each of which so executed shall be deemed an
original.
IN WITNESS .......... .
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IN WITNESS WHEREOF, the parties hereto have caused to be
subscribed the signatures of their authorized representatives
at the City of Jakarta as of the day and year first above
written.
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ON BEHALF\\ OF THE GOVERNMENT OF THE
REPUBLIC OF INDONESIA
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ON BEHALF OF THE GOVERNMEN'T'
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CANADA
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Signed
ADAM MALIK
Minister for Foreign Affairs
Signed
W. T. DELWORTH
Ambassador
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ANNEX ''A''
ANNEX "A" TO THE DEVELOPMENT LINE OF CREDIT LOAN
Between the Government of the Republic of Indonesia
And the Government of Canada
Use of the Loan
The proceeds of the Loan are to be utilized exclusively to finance
the purchase from Canadian suppliers of certain products which are
required for development purposes in Indonesia and for the payment
of ocean freight and marine insurance for such products provided
that the total value of items supplied under the Loan shall not
exceed eight million Canadian dollars ($ 8,000,000). Approved products purchased under this Loan may be ordered in any amount and
in any combination of categories within the ceiling of the $8 . 0
million total and within the period in which the Loan is in force
provided that (a) purchases under the Loan shall have a cumulative
average of sixty-six and twothirds (66 2/3) percent Canadian manufacture d content, and (b) purchases of raw and semi-processed materials and corrnnodities shall not exceed $6.0 million, and (c) purchases of capital goods (machinery and equipment) shall not be less
than $2.0 million of the total loan, and (d) the products are eligible for export under Canadian export regulations and are eligible
for import under Indonesian import regulations. For the sake of
efficient shipment, Canada reserves the right to establish certain
minimum quantities or orders for various pr.oducts. In the case of
newsprint and chemical fertilizers, the minimum value of orders
supplied should be $50 , 000 and $500,000 respectively. In the case
of all other products the minimum value of the orders should be
$5,000.
Negative List
The following products shall not be eligible for financing under
this Loan: Items from A,B,C, and D lists according to decree number 334/KP/X/1971 of October 29, 1971, from the Minister of Trade
of Indonesia :
- 12 (iia); 40; 42(ii); 135(i)(ii); 168(i).
- 12,
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- 12, 12(ii)(iia); 24; 36(i); 39(iia); 58; 59(ii);
61(i); 71; 123; 174; 175; 184(iib); 201(ii); ＲＰｾ＠
202(i); 203(i); 237; 281; 283; 284; 285; 286; 337;
343; 344(ii); 346(ia)(ib); 347; 349; 351; 351(i);
351(2); 355, 355(ii), 355(ii-a-b); 742; 742(ii);
743; 764; 838(ii); 839(i); 883; 900(i); 901(i);
902(i); 903(i).
- 32; 42(i); 42(iii); 43; 47; 85; 185; 190; 204;
255; 264; 309(ii); 333, 338; 344(ii); 453; 519;
899; 900(ii); 901(ii); 602(ii); 903(ii) .
- 4; 8, 8(i), 8(ii); 9; 10; 11; 12; 12(ia); 12(ib),
12(ii); 13; 14; 15; 16; 17; 18; 19; 20; 21; 23;
26; 27; 28; 29; 30; 31; 33; 34; 35; 36; 37; 38;
39; 39(i); 39(iia); 39(iib); 41, 41(i), 41(ii);
43(ii); 44; 45; 46; 47; 48, 48(i), 48(ii); 49,
49(i); 49(ii); 50(i); 51; 52, 52(i) , 52(iia),
52(iib); 53; 54; 55; 56; 6l(ii); 62; 63; 64; 65;
66; 67, 67(i); 67(ii); 69; 73; 74; 76, 76(i), 76(ii);
77; 78, 78(i), 78(ii); 79, 80, 80(ii); 81; 82; 83;
84; 86; 87; 88, 89, 90; 91; 92; 93; 93(i), 93(ii);
94; 95; 96, 96(i), 96(ii); 97; 98, 99; 100; 101,
lOl(i), lOl(ii); 102; 103; 104; 105; 106; 107; 107(i),
107(ii); 108; 110; 111; lll(i); lll(ii); 112, 113;
114; 115; 116; 117; 117(i), 117(ii); 117(iia); 117(iib);
118, 118(ii); 118(iia); 119; 120; 121, 121(i); 121(ii);
122; 129; 130; 134; 159(ii); 159(iii); 194(i); 202(ii);
203, 203(ii); 205(ii); 208, 208(i); 208(ii); 212; 213;
290; 295; 298; 334(i); 345; 346(iii); 346(iv); 346(v),
346(vi); 346(vii); 352(v); 352(vi); 352(vii); 352(viii);
356(ij); 356(k), 356(v), 356(vii); 356(ix); 356(x);
356(xii); 356(xiii); 356(xiv); 357, 357(ii); 358; 360(iv);
360(v); 360(vi); 360(via); 360(vib); 360(vii); 360(viii);
360(ix); 411, 413; 414; 429; 430; 431; 432; 433; 434;
435; 438; 439; 474, 475, 503; 508; 514; 516; 516(i);
516(ii); 516(iii); 517; 519; 519 ( i); 519(iii); 520;
521·
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521; 599; 676; 677; 678; 685; 687(i); 709; 742,
742(i); 838(iii); 84l(ia); 880; 905; 905(i);
905(ii); 906, 906(i)' 906(ii)' 907, 907(i),
907(ii); 910; 911; 912; 922; 923; 924(ii); 925;
926; 926(i); 931(ii); 933(ii); 936; 938; 939; 940;
941; 942; 943.
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Arms, armaments, guns, ammunition, and all other equipment
or materials for military use or for the manufacture thereof.
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All atomic energy materials and equipment.
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At CIDA's request, substantiation may be required from time
to time that the products being purchased under this agreement
are required for ､･ｶｬｯｰｭｮｴｱＭｦ
ﾷ ｰｴ［ｲｯｳ･
ﾷ ｾｹ＠
.tndonesia CIDA
reserves the right to amend this negative list as may be required and as may be requested by Indonesia.
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ANNEX "B"
Procurement Procedures
ANNEX "B" TO THE DEVELOPMENT LINE OF CREDIT LOAN
Between the Government of the Republic of Indonesia
And the Government of Canada
1.
Products eligible for financing under this Loan Agreement
may be procured by either the public sector (Government departments and/or agencies) or by the private sector under the following respective procedures
Public Sector
2.
All public sector procurement shall be subject to competitive tender procedures unless prior approval for waiver is
obtained from CIDA.
3.
Before any purchase contracts are entered into, the prospective contracting party shall invite tenders from a representative number of Canadian suppliers of the required products
unless otherwise agreed to by CIDA.
4.
Lists of Canadian suppliers may be obtained from the
Canadian Embassy in Jakarta or from CIDA in Ottawa. Copies of
each tender call, a list of companies invited to tender, and
the assessment of the tenders received will be forwarded to
CIDA and/or the Canadian Embassy in Jakarta. Prior to the issuance of a purchasing contract, Bank Indonesia will obtain
confirmation from Canada to the use of the Loan for each transaction through CIDA and/or the Canadian Embassy, Jakarta which
will constitute clearance for the transaction for Canadian content and tendering regulations.
5.
The Canadian companies invited to tender shall be instructed to :
(a) include in their tender a declaration of the Canadian
content of the products they are offering for
purchase;
(b) send copies of all tenders to CIDA at the same time
as they are forwarded to the recipient Indonesian
procurement ..••.•••.•
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procurement agency; (the copies of tenders received
by CIDA will be treated as a closed tender call and
not opened until the dates established by the recipient);
(c) complete a Canadian Content Form and forward it to
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CIDA with each copy of tender;
(d) submit to CIDA, technical specifications complying
with the Canadian quality standards for the products
to be supplied .
6.
If other than the lowest tender with acceptable Canadian
content is to be approved, the concurrence of CIDA shall be
obtained before the purchase contract is issued.
7.
CIDA may upon receipt of formal advance application,
waive the lr:equirement for competitive tenders in the situations
specified hereunder;
(a) when procurement is proposed under certain supplier/
importer relationships and the buyer is a recognized
customer of the supplier;
(b) when procurement concerns a product which is only
available from a single source;
(c) when procurement concerns a product which by nature
and specification is peculiar to a specific manuf acturing process or end product;
(d) when products are to be procured under such other
conditions which appear to CIDA to merit a waiver
from the tendering procedures.
8.
Applications for waiver, supported by reasons therefore,
must be forwarded through the Canadian Embassy, Jakarta to
CIDA in Ottawa . No procurement action shall be initia ted until
the notification of approval is given by CIDA.
Private .••••••••
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Private Sector
9.
Private Sector procurement may be without tender for
individual transactions not exceeding $200,000 (Cdn.) each,
unless otherwise agreed to by CIDA.
10.
Prior to shipment of products, the Canadian supptier
shall complete a Canadian Content Form and forward it along
with technical specifications complying with Canadian quality
standards and all supporting documentation, as specified in
the Letter of Credit, to CIDA for approval.
Payment Procedures for Eligible Products Under This Loan
Agreement
11.
Bank Indonesia agrees to issue a general instruction to
accredited foreign exchange banks in Indonesia that Letters
of Credit opened on behalf of ｉｮ､ｯ･ｳｩ｡ｾ｜ｬｰｲｴ＠
:stffepulate
that advice by the Canadian correspondent bank of the credit
to the Canadian suppliers shall be subject to confirmation
by CIDA.
12.
Letters of Credit shall instruct Canadian suppliers to
prepare and submit for payment to the designated Candia.n
correspondent bank all necessary documents, including negotiable bills of lading, cormnercial and marine insurance invoices
as well as non-negotiable and duplicate copies of each of the
above.
13.
The Canadian supplier or the accredited Canadian selling
agent for Indonesia shall be responsible for :
(a) arranging and paying for ocean freight and insurance;
(b) inspection of the products prior to packing and
shipping.
14. The Government .•.••
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14.
The Government of Indoresia shall be responsible for
the preparation and submission of claims to Canadian suppliers
for short shipments, and for the preparation and submission of
marine insurance claims in the event of loses or damage to
commodities while in transit.
15.
Any costs or demurrage shall be to the account of the
Government of Indonesia or its designated agent and may be
considered a liable charge against the Loan.
16.
Statements of disbursements will be prepared by CIDA
and forwarded to Bank Indonesia at six-month intervals,
normally the first of March and the First of September of each
ｾ｡ｬ･ｮ､ｲ＠
year until the Loan Agreement has been terminated.
17.
For the purposes of this Loan Agreement, the designated
Canadian correspondent banks for Indonesia shall be the Bank
of Montreal and the Toronto-Dominion Bank and the Indonesian
foreign exchange banks shall be the following:
(a) Offices throughout Indonesia of:
Bank Indonesia
Bank Ekspor Impor Indonesia
Bank Rakyat Indonesia
Bank Bumi Daya
Bank Dagang Negara
Bank UllUlm Nasional PT.
Bank Negara Indonesia 1946
PT. Bank Bali
PT. Bank Dagang Nasional Indonesia
PT. Bank Perdania
PT. Pan Indonesia Bank
(b) Jakarta •.•.•.•
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(b) Jakarta Offices of:
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American Express Interna tional Banking Corp.
First National City Bank
Bangkok Bank Limited
Bank of America
Chase Manhattan Bank
Bank of Tokyo Limited
Hongkong and Shanghai Banking Corp.
Chartered Bank
Algemene Bank Nederland N.V .
D.iropa isch Asiatis clie .:Bank
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