Selanjutnya
I
I
A. I . D. Loan No . 497-H-029
)
L OAN
AGREEMENT
ｂｅｾ
Ｇ ｔｈｅ＠
REPUBLIC OF INDONESIA
AND
THE
UNITED STATES OF AMERICA
DATE:
April 30 , 1973
TABLE OF CONTENTS
SECTION NUMBER
ARTICLE
I
SECTION 1 . 01
1TICLE II
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
2 • 01
2 . 02
2 . 03
2.04
2 . 05
2 . 06
ARTICLE III
SECTION 3 . 01
SECTION 3 .02
ARTICLE
IV
4. 01
SECTION
SECTION
S;ECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
ARTICLE
4. 02
4. 03
4. 04
4 . 05
4 . 06
4. 07
4 . 08
4 • 09
4.10
4.11
V
SECTION
SECTION
SECTION
SECTION
SECTION
ARTICLE
5 • 01
5.02
5 . 03
5. 04
5. 05
VI
SECTION
SECTION
SECTION
SECTION
6 . 01
6 . 02
6. 03
6. 04
PAGE
The Loan
1
The Loan
1
Terms of Repayment and Interest
1
Payment Obligations
Application, Currency and Place of Payment
Interest
Repayment
Renegotiation of Terms
Prepayment
1
Conditions Precedent
2
Conditions Precedent to Financing
Terminal Date for Fulfillment of Conditions Precedent
2
Procurement, Utilization, and Eligibility of Commodities
3
1
A. I . D. ｒ･ｧｵｬ｡ｴｾｯｮ＠
Source of ｐｲｯ
｣ ｵｲ･ｭｮｾ＠
Date of Procurement
Eligibl e Items
Motor Vehicles
Procurement for Public Sector
Utilization of Commodities
Limitation to Private Sector Use
Minimum Size of Transactions
Procedures
Port Charges
3
3
3
Letters of Commitment and Disbursement
6
Request for Letters of Commitment
Other Forms of Disbursement
Terminal Date for Requests for Letters of Commitment
Terminal Date for Requests for Disbursement
Documentation Requirements
6
6
6
6
Additional Covenants and Warranties
6
Reports
Notice of Adverse Developments
Taxation on Loan Agreement and Payments Thereunder
ｃｯｭｩｳｮｾＬ＠
Fees, and Other Payments
6
7
7
7
1
l
2
2
2
3
4
4
4
4
5
5
5
5
6
ii
SECTION NUMBER
SECTION 6.05
SECTION 6.06
_.RTICLE VII
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
7.01
7.02
7 03
7.04
7.05
7.06
7.07
ARTICLE VIII
SECTION 8.01
SECTION 8 .02
PAGE
Financing Physical Facilities
IMF Standby Agreement
7
Remedies of A.I.D.
7
Events of Defaul"t; Acceleration
Suspension of Disbursements, Transfer of Goods to A. I .D.
Cancellation by A, l.D "
Continued Effectiveness of Agreement
Refunds
Waivers
Expenses of Collectlon
Miscellaneous
Use of Representatives
Communication
7
7
8
8
9
9
9
9
9
9
10
LOAN AGREEMENT
AGREEMENT dated the thirtieth day of ａｰｲｩｬｾ＠
1973, between the Government
of the REPUBLIC OF INDONESIA ("Borrower") and the Government of the UNITED
STATES OF AMERICA, acting through the AGENCY FOR INTERNATIONAL DEVELOPMENT
( "AoI.D ." ).
ARTICLE I
The Loan
SECTION 1 01. The Loan. In accordance with The Economic Cooperat.ion
Agreement between the Government of the Republ.:.c of Indonesia and the
Government of the United States of America signed at Jakarta, October 16,
1950, as supplemented by t.he Exchange of Notes of Economic and Technical
Cooperat1on signed a-c Wi:..slungton and J aka.rt a, January 5 and 12, 1953, and
subject to the terms and conditions of this Agreement, A.LD. hereby agrees
to lend Borrower pursuant to the Foreign Assistance Act of 1961, as amended,
an amount not to exceed Fifty Million Dolla:s ($50,000,000) for the foreign
exchange costs of connnodities and commodity-re:ated services needed to
promote t.he stabilization, rehabilitation e.nd deveioprnent of the Indonesian
economy, including essent.ial raw materials, foodstuffs, spare parts and
machinery and equipment . Commodities and services aut.horized to be financed
hereunder are hereinafter referred to as "Eligible Items" . The aggregate
amount disbursed hereunder is hereinafter referred to as "Principal".
AR'l'ICLE II
Terms of Repayment a..,d Interest
SECTION 2 . 01.
loan, and to pay ｩｮｾ･ｲｳｴ＠
Agreement .
Paymen·c Obligations c The Borrower agrees to repay the
on the loan, in accordance with ｾｨ･＠
terms of this
SECTION 2.02, Application, Currency and Place of Payment. All payments
of interest and Principal hereunder shall be made in United States Dollars
and shall be applied first to the ｰ｡ｹｭ･ｮｾ＠
of interest due and then to the
repayment of Principal. Except as A,I,D. may otherwise specify in writing,
all such payments shall be made to the Controller, Agency for International
Development, Washington, D. C. , U, S, A, , and shall be deemed made when
received by the Office of the Controller .
SECTION 2 03. Interest. Borrower shall pay ｾｯ＠
A.I . D. interest which
shall accrue at the rate of two percent (2%) per annum during the ten years
immediately following the date of the first disbursement hereunder and at the
rate of three percent (3%) per annum ｴｨ･ｲ｡ｾ＠
on the outstanding balance of
Principal and on any due and unpaid interest, Interest on the outstanding
balance shall accrue from the date of each respective disbursement and shall
be computed on the basis of a 365-day year . Disbursement hereunder shall be
-2-
deemed to occur on the d..,.,te en whicn pt1.;rmer.t by AoLD , i s made either directly
en· i 'CS deoJ'. gnee or to ·!!. l:)anki!lg institution purs u ant to a letter
of conmii. t.me:nt. ｬｮｴ･ｲｾｳ＠
shall be payable semi-annually
The first payment of
inte:rest shal.l be d.Uf. and payable no later than six ( 6) months after the first
disbursement. ｨ･ｲ｣ＺｵＮｾｩ｡＠
en a d9.te to ·be specified by A I ,Do
'to Bor:r·ov."unt of A. I.D . 1 s obligation under the Agreement, reducing
the amount available foT future disbursements, and shall not be available for
reuse under the Agreement . For administrative purposes those refunds paid by
Borrower whi ch are less than $10 , 000 shall serve to reduce the last Principal
repayment . When, however 1 such refunds are $10,000 or over the Amortization
Schedule shall be revised .
SECTION 7 . 06 . Waivers . No delay in exercising or omitting to exercise
any right, power , or r emedy accruing to A. I. D. under this Agreement shall be
construed as a waiver of any of these rights, powers, or remedies .
SECTION 7 , 07 . Expense s of Colle ction. All reasonable costs incurred by
A.I.D. (other than salaries of its staff) in connection with the collection of
amounts due under this Agreement may be charged to Borrower and reimbursed as
A. I . D. may specify .
ARTICLE VIII
Mis cellaneous
SECTION 8 . 01.
Use of
ｒ･ｰｲｳｮｴ｡
ｴｩｶ･ｾ＠
(a) . All actions required or permitted to be performed or taken
under this Agreement by Borrower or A. I.D . may be performed by their respective
duly authorized representatives .
(b). Borrower hereby designates Bank Indonesia as its representative
with authority to designate i n writing other representatives of Borrower in its
dealings with A.I.D. in accordance with the above subsection. Borrower's
r epresentat ives named pursuant to the preceding sentence , unless A.I.D. is
given notice otherwise, shall have ｡ｵｴｨｯｲｩｾｹ＠
to agree on behalf of Borrower to
any modificat ion or amplification of this Agreement which does not substantially
-10-
increase Borrower's obligations hereundero Until receipt by Aoi oD. of written
notice of revocation by Borrower of the authority of any of its representatives,
A.I.D. may accept the signature of such representatives on any instrument as
conclusive evidence that any action effected by such instrument is authorized by
Borrower.
SECTION 8002. Communicationo Any notice, request or other communication
giYen, made or sent by Borrower or A. I oDo pursuant to this Agreement &hall be
in writing and shall be deemed to have been duly del ivered by hand or by mail,
telegram., cable or radiogram to such other party at the fel lowing addr esses :
To the Borrower :
To A.I.D.
Mail Address :
Bonk ｉｾ､ｯｮ･ｳｩ｡＠
Jalan Kebon Sirih 82-84
Jakarta, Indonesia
Cable Address :
DELEGASI JAKARTA
Mail Address
United States Agency for
International Development
American Embassy
Jakarta, Indonesia
Cable Address :
USAID AMEMB J AKARTA
Other addresses may be substituted for the above upon the giving of notice and
acknollliedaement of such substitution.
REPUBLitl 'OF INDONESIA
UNITED STATES OF AMERICA
Signed
Signed
By
By
Title:
Adam Ma15 k"
Minister for Foreign Affairs
:/
ＭｾＮ｟
Don ald Ro Toussaint
Ti t l e : Charg6 d ' Aff&irs a . i o
I
A. I . D. Loan No . 497-H-029
)
L OAN
AGREEMENT
ｂｅｾ
Ｇ ｔｈｅ＠
REPUBLIC OF INDONESIA
AND
THE
UNITED STATES OF AMERICA
DATE:
April 30 , 1973
TABLE OF CONTENTS
SECTION NUMBER
ARTICLE
I
SECTION 1 . 01
1TICLE II
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
2 • 01
2 . 02
2 . 03
2.04
2 . 05
2 . 06
ARTICLE III
SECTION 3 . 01
SECTION 3 .02
ARTICLE
IV
4. 01
SECTION
SECTION
S;ECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
ARTICLE
4. 02
4. 03
4. 04
4 . 05
4 . 06
4. 07
4 . 08
4 • 09
4.10
4.11
V
SECTION
SECTION
SECTION
SECTION
SECTION
ARTICLE
5 • 01
5.02
5 . 03
5. 04
5. 05
VI
SECTION
SECTION
SECTION
SECTION
6 . 01
6 . 02
6. 03
6. 04
PAGE
The Loan
1
The Loan
1
Terms of Repayment and Interest
1
Payment Obligations
Application, Currency and Place of Payment
Interest
Repayment
Renegotiation of Terms
Prepayment
1
Conditions Precedent
2
Conditions Precedent to Financing
Terminal Date for Fulfillment of Conditions Precedent
2
Procurement, Utilization, and Eligibility of Commodities
3
1
A. I . D. ｒ･ｧｵｬ｡ｴｾｯｮ＠
Source of ｐｲｯ
｣ ｵｲ･ｭｮｾ＠
Date of Procurement
Eligibl e Items
Motor Vehicles
Procurement for Public Sector
Utilization of Commodities
Limitation to Private Sector Use
Minimum Size of Transactions
Procedures
Port Charges
3
3
3
Letters of Commitment and Disbursement
6
Request for Letters of Commitment
Other Forms of Disbursement
Terminal Date for Requests for Letters of Commitment
Terminal Date for Requests for Disbursement
Documentation Requirements
6
6
6
6
Additional Covenants and Warranties
6
Reports
Notice of Adverse Developments
Taxation on Loan Agreement and Payments Thereunder
ｃｯｭｩｳｮｾＬ＠
Fees, and Other Payments
6
7
7
7
1
l
2
2
2
3
4
4
4
4
5
5
5
5
6
ii
SECTION NUMBER
SECTION 6.05
SECTION 6.06
_.RTICLE VII
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
7.01
7.02
7 03
7.04
7.05
7.06
7.07
ARTICLE VIII
SECTION 8.01
SECTION 8 .02
PAGE
Financing Physical Facilities
IMF Standby Agreement
7
Remedies of A.I.D.
7
Events of Defaul"t; Acceleration
Suspension of Disbursements, Transfer of Goods to A. I .D.
Cancellation by A, l.D "
Continued Effectiveness of Agreement
Refunds
Waivers
Expenses of Collectlon
Miscellaneous
Use of Representatives
Communication
7
7
8
8
9
9
9
9
9
9
10
LOAN AGREEMENT
AGREEMENT dated the thirtieth day of ａｰｲｩｬｾ＠
1973, between the Government
of the REPUBLIC OF INDONESIA ("Borrower") and the Government of the UNITED
STATES OF AMERICA, acting through the AGENCY FOR INTERNATIONAL DEVELOPMENT
( "AoI.D ." ).
ARTICLE I
The Loan
SECTION 1 01. The Loan. In accordance with The Economic Cooperat.ion
Agreement between the Government of the Republ.:.c of Indonesia and the
Government of the United States of America signed at Jakarta, October 16,
1950, as supplemented by t.he Exchange of Notes of Economic and Technical
Cooperat1on signed a-c Wi:..slungton and J aka.rt a, January 5 and 12, 1953, and
subject to the terms and conditions of this Agreement, A.LD. hereby agrees
to lend Borrower pursuant to the Foreign Assistance Act of 1961, as amended,
an amount not to exceed Fifty Million Dolla:s ($50,000,000) for the foreign
exchange costs of connnodities and commodity-re:ated services needed to
promote t.he stabilization, rehabilitation e.nd deveioprnent of the Indonesian
economy, including essent.ial raw materials, foodstuffs, spare parts and
machinery and equipment . Commodities and services aut.horized to be financed
hereunder are hereinafter referred to as "Eligible Items" . The aggregate
amount disbursed hereunder is hereinafter referred to as "Principal".
AR'l'ICLE II
Terms of Repayment a..,d Interest
SECTION 2 . 01.
loan, and to pay ｩｮｾ･ｲｳｴ＠
Agreement .
Paymen·c Obligations c The Borrower agrees to repay the
on the loan, in accordance with ｾｨ･＠
terms of this
SECTION 2.02, Application, Currency and Place of Payment. All payments
of interest and Principal hereunder shall be made in United States Dollars
and shall be applied first to the ｰ｡ｹｭ･ｮｾ＠
of interest due and then to the
repayment of Principal. Except as A,I,D. may otherwise specify in writing,
all such payments shall be made to the Controller, Agency for International
Development, Washington, D. C. , U, S, A, , and shall be deemed made when
received by the Office of the Controller .
SECTION 2 03. Interest. Borrower shall pay ｾｯ＠
A.I . D. interest which
shall accrue at the rate of two percent (2%) per annum during the ten years
immediately following the date of the first disbursement hereunder and at the
rate of three percent (3%) per annum ｴｨ･ｲ｡ｾ＠
on the outstanding balance of
Principal and on any due and unpaid interest, Interest on the outstanding
balance shall accrue from the date of each respective disbursement and shall
be computed on the basis of a 365-day year . Disbursement hereunder shall be
-2-
deemed to occur on the d..,.,te en whicn pt1.;rmer.t by AoLD , i s made either directly
en· i 'CS deoJ'. gnee or to ·!!. l:)anki!lg institution purs u ant to a letter
of conmii. t.me:nt. ｬｮｴ･ｲｾｳ＠
shall be payable semi-annually
The first payment of
inte:rest shal.l be d.Uf. and payable no later than six ( 6) months after the first
disbursement. ｨ･ｲ｣ＺｵＮｾｩ｡＠
en a d9.te to ·be specified by A I ,Do
'to Bor:r·ov."unt of A. I.D . 1 s obligation under the Agreement, reducing
the amount available foT future disbursements, and shall not be available for
reuse under the Agreement . For administrative purposes those refunds paid by
Borrower whi ch are less than $10 , 000 shall serve to reduce the last Principal
repayment . When, however 1 such refunds are $10,000 or over the Amortization
Schedule shall be revised .
SECTION 7 . 06 . Waivers . No delay in exercising or omitting to exercise
any right, power , or r emedy accruing to A. I. D. under this Agreement shall be
construed as a waiver of any of these rights, powers, or remedies .
SECTION 7 , 07 . Expense s of Colle ction. All reasonable costs incurred by
A.I.D. (other than salaries of its staff) in connection with the collection of
amounts due under this Agreement may be charged to Borrower and reimbursed as
A. I . D. may specify .
ARTICLE VIII
Mis cellaneous
SECTION 8 . 01.
Use of
ｒ･ｰｲｳｮｴ｡
ｴｩｶ･ｾ＠
(a) . All actions required or permitted to be performed or taken
under this Agreement by Borrower or A. I.D . may be performed by their respective
duly authorized representatives .
(b). Borrower hereby designates Bank Indonesia as its representative
with authority to designate i n writing other representatives of Borrower in its
dealings with A.I.D. in accordance with the above subsection. Borrower's
r epresentat ives named pursuant to the preceding sentence , unless A.I.D. is
given notice otherwise, shall have ｡ｵｴｨｯｲｩｾｹ＠
to agree on behalf of Borrower to
any modificat ion or amplification of this Agreement which does not substantially
-10-
increase Borrower's obligations hereundero Until receipt by Aoi oD. of written
notice of revocation by Borrower of the authority of any of its representatives,
A.I.D. may accept the signature of such representatives on any instrument as
conclusive evidence that any action effected by such instrument is authorized by
Borrower.
SECTION 8002. Communicationo Any notice, request or other communication
giYen, made or sent by Borrower or A. I oDo pursuant to this Agreement &hall be
in writing and shall be deemed to have been duly del ivered by hand or by mail,
telegram., cable or radiogram to such other party at the fel lowing addr esses :
To the Borrower :
To A.I.D.
Mail Address :
Bonk ｉｾ､ｯｮ･ｳｩ｡＠
Jalan Kebon Sirih 82-84
Jakarta, Indonesia
Cable Address :
DELEGASI JAKARTA
Mail Address
United States Agency for
International Development
American Embassy
Jakarta, Indonesia
Cable Address :
USAID AMEMB J AKARTA
Other addresses may be substituted for the above upon the giving of notice and
acknollliedaement of such substitution.
REPUBLitl 'OF INDONESIA
UNITED STATES OF AMERICA
Signed
Signed
By
By
Title:
Adam Ma15 k"
Minister for Foreign Affairs
:/
ＭｾＮ｟
Don ald Ro Toussaint
Ti t l e : Charg6 d ' Aff&irs a . i o