Selanjutnya

EMBASSY OF T HE REPUBLIC OF KOREA

July 5, 1995

Exce 11 ency,

I have the honour to confirm

the

following

understanding

recently reached between the Government of the Republic of
and

the Government of

Korean


loan

the Republic

Korea

of Indonesia concerning a

to be extended to the Government of the Republic of

Indonesia with a view to supporting

the economic development of

Indonesia and promoting the economic cooperation between the two
countries.
1.

The government of the Republic of Korea shall extend


to

the

Government of the Republic of Indonesia a loan in Korean Won
up to the amount of eight billion one hundred and ten million
won (W8, 110,000,000)
from

the

(hereinafter referred to as "the Loan")

Economic Development

referred to

as "the EDCF")

Development


of

(hereinafter

referred

Cooperation Fund (hereinafter

for the

implementation of the

Business and Col1111erce Education
to as "the Project").

His Excellency Ali Alatas, S.H.
Minister of Foreign Affairs
of the Republic of Indonesia
Jakarj__a


I

Project

2.

(1)

The Loan wi 11

be made avai table

by a loan agreement

(hereinafter referred to as "the Loan Agreement") to
concluded between
Indonesia and
(hereinafter
Government


(2)

The

be

the Government of the Republic of
Bank

the Export - Import
referred

Agency for

to as

"the Bank"),

of


Korea
as

the

the EDCF.

terms and conditions of the Loan, as well as the

procedures for

its utilization,

will

be governed by

the Loan Agreement which will contain,


inter alia,

the following principles:
(a)

The repayment period will be twenty-five(25) years
including the grace period of seven(?) years;

(b)

The rate of interest will be three and a half(3.5)
percent per annum; and

(c)

The

disbursement

months


from

Agreement
of

or

period will

the date of

be thirty-six(36)

signing of

the Loan

such other period as the Government


the Republic of

agree upon.

2

Indonesia and the Bank may

3.

(1)

The proceeds of the Loan will be used to cover payments
to be made by the project executing agency of Indonesia
to suppliers,
eligible
be

contractors


and/or

consultants of the

source countries under such contracts as may

entered

into between

them for

goods and services required for

the

procurements of
implementation of

the Project.

(2)

The scope of the eligible source countries mentioned in
sub-paragraph (1) above will be agreed upon between the
authorities concerned of the two Governments.

4.

A part

of

the Loan may be used

to cover

eligible local

currency requirements for the implementation of the Project.

5.

With regard to the shipping and marine
procured under the Loan,
Indonesia
may hinder

the Government

insurance of goods
of the Republic of

shall refrain from imposing any restrictions that
fair and free competition between

the shipping

and marine insurance companies of the two countries.

3

6.

Government
take

of the Republic

necessary measures

Korean nationals

to

of Indonesia shall endeavour to
facilitate

activities

involved with the Project

of the

and assist them

in obtaining such services and conveniences

as may be

required to carry out their mission in Indonesia.

7.

The Government of the Republic of Indonesia shall exempt the
Bank

from

on and/or
accruing

8.

any

fiscal

levy or

in

connection with

tax imposed
the Loan

in Indonesia
and

interest

therefrom.

The Government

of

the Republic of Indonesia shall

take

necessary measures to ensure that the facilities constructed
with the Loan be maintained and used for

the best

of the

purposes prescribed in this agreement.

9.

The two Governments
consult

each

other

implementation of
measures

to

shall,

ensure

utilization of

the

on

at the request of either party,
all

matters

concerning the

Loan Agreement and take necessary
the

most

the Loan.

4

proper

and effective

If the above provisions are acceptable to the Government
the Republic of Indonesia,
that the present
that

effect

Note

shall

Governments on

of

I further have the honour to propose

and Your Excellency's Note

constitute an agreement

this matter,

in reply

between the

to
two

which enters into force on the date

of Your Excellency's Note in reply.

I

avail

Excellency

the

myself

of

this

opportunity

assurances of my highest

to

renew

to Your

consideration.

Signed
Hyung-Ki MIN
Ambassador Extraordinary and
Plenipotentiary of
the Republic of Korea

5

DEPARTMENT Of FOREIGN AFFAIRS
REPUBLIC Of INDONESIA

July

5 ,1995

Excellency,

I have the honour to acknowledge receipt of Your Excellency's Note of today,

which reads as follows :

" I have the honour to confirm the following understanding recently reached
between the Government of the Republic of Korea and the Government of the Republic
of Indonesia concerning a Korean loan to be extended to the Government of the Republic
of Indonesia with a view to supporting the economic development of Indonesia and
promoting the economic cooperation between the two countries.
1.

The Government of the Republic of Korea shall extend to the Government of tl\e
Republic of Indonesia a loan in Korean Won up to the amount of Eight Billion
One Hundred and Ten Million Won (W8,110,000,000) (hereinafter referred to as
"the Loan") from the Economic Development Cooperation Fund (hereinafter
referred to as "the EDCF") for the implementation of the Development of Business
and Commerce Education Project (ltereinafter referred to as "the Project").

2.

(1)

(2)

The Loan will be made available by a loan agreement (hereinafter referred
to as "the Loan Agreement") to be concluded between the Government of
the Republic of Indonesia and the Export-Import Bank of Korea
(hereinafter referred to as "the Bank"), as the Government Agency for the
EDCF.
The terms and conditions of the Loan, as well as the procedures for its
utilization, will be governed by the Loan Agreement which will contain,
inter alia, the following principles:
(a)

The repayment period will be twenty-five (25) years including the
grace period of seven (7) years;

His Excellency
Mr. Hyung-Ki MIN
Ambassador of the Republic of Korea
J akar ta

(b)

The rate of interest will be three and a half (3.5) percent per annum;
and
.;

(c)

3.

The disbursement period will be thirty-six (36) months from the date
of signing of the Loan Agreement or such other period as the
Government of the Republic of Indonesia and the Bank may agree
upon.

(1)

The proceeds of the· Loan will be used to cover payments to be made by
the project executing agency of Indonesia to suppliers, contractors and/or
consultants of the eligible source countries under such contracts as may be
entered into between them for procureme.nts of goods and services required
for the implementation of the Project.

(2)

The scope of the eligible source countries mentioned in sub-paragraph (1)
above will be agreed upon between the authorities concerned of the two
Governments.

4.

A part of the Loan may 「セ@ used to cover eligible local currency requirements for
the implementation of the Project.

5.

With regard to the shipping and marine insurance of goods procured under the
Loan, the Government of the Republic of Indonesia shall refrain from imposin&
any restrictions that may hinder fair and free competition between the shipping and
marine insurance companies of the two countries.

6.

The Government of the Republic of Indonesia shall endeavour to take necessary
measures to facilitate activities of tile Korean nationals involved with the Project
and assist them in obtaining such services and conveniences as may be required to
carry out their mission in Indonesia.

7.

The Government of the ·Republic of Indonesia shall exempt the Bank from any
fiscal levy or tax imposed in Indonesia on and/or in connection with the Loan and
interest accruing therefrom.

8.

The Government of the Republic of Indonesia shall take necessary measures to
ensure that the facilities constructed with the Loan be maintained and used for the
best of the purposes prescribed in this agreement. ·

9.

The two Governments shall, at the request of either party, consult each other on
all matters concerning the implementation of the Loan Agreement and take
necessary measures to ensure the most proper and effective utilization of the Loan.
If the above provisions are acceptable to the Government of the Republic of

Indonesia, I further have the honour to propose that the present No.te and Your
Excellency's Note in reply to that effect shall constitute an agreement between the two
Governments on this matter, which enters into force on the date of Your Excellency's
Note in reply . "

I have further the honour to inform Your Excellency that., the foregoing proposal
is acceptable to the Government of the Republic of Indonesia and to agree that Your
Excellency's Note and this Note in reply shall constitute an agreement between the two.
Governments, which enters into force on the date of this Note in reply.
I avail myself of this opportunity to renew to Your Excellency the assurances of
my highest, consideration.

Director General for Foreign
Economic Relations
Department of Foreign Affairs of
the Republic of Indonesia

-

Signed
Soemadi D.M. Brotodiningrat



RECORD OF DISCUSSION

In connection with the Exchange of Notes between the Government of the Republic
of Korea and the Government of the Republic of Indonesia concerning an EDCF Loan
(hereinafter referred to as "the Loan") to be extended to the Government of the Republic
of Indonesia for the implementation of the Development of Business and Commerce
Education Project (hereinafter referred to as "the Project"), the representatives of the two
G0vernments wish to record the following :
1.

With regard to sub-paragraph (1) of paragraph 2 of the Exchange of Notes, the
representative of the Government of the Republic of Indonesia stated that the loan
amount stipulated in the loan agreement between the Government of the Republic
of Indonesia and the Export-Import Bank of Korea, shall be the same to the
amount stipulated in paragraph 1 of the Exchange of Notes.

2.

With regard to sub-paragraph (2) of paragraph 3 of the Exchange of Notes
concerning the scope of eligible source countries, the representative of the
Government of the Republic of Korea stated that :
(1)

The eligible source countries for the procurement of goods and services,
including consulting services required for the implementation of the Project
will be the Republic of Korea and Indonesia;

(2)

The suppliers of goods and/or services necessary for the implementation of
the Project shall be selected through competitive bidding among suppliers
of the eligible source countries , or through other methods to be agreed upon
between the Export-Import Bank of Korea (hereinafter referred to as "the
Bank") and the Government of the Republic of Indonesia where such
competitive bidding is inapplicable or inappropriate; and

(3)

Goods which contain materials imported from the countries other than the
eligible source countries shall be eligible for financing under the Loan, if
the imported portion is less than fifty per cent (50%) of the contract price
of such goods in accordance with the following formula.

(a)

When the Indonesian suppliers are awarded the contract concerned,
Imported C. I. F. Price + Import Duty

x

100

Suppliers' Ex - Factory Price

(b)

When the Korean suppliers are awarded the contract concerned,
Imported C. I. F. Price + Import Duty

Suppliers'
3.

4.

x

100

F.O.B. Price

With regard to paragraph 4 of the Exchange of Notes concerning the financing of
eligible local currency requirements for the implementation of the Project, the
representative of the Government of the Republic of Korea stated that :
( 1)

The amount to be allocated to cover the local currency for the
implementation of the Project shall be determined in accordance with the
result of the Appraisal Report of the Bank. In any case, however, such
amount shall not exceed nine hundred and seventy three million Korean
Won (W 973,000,000).

(2)

The portion of local currency necessitate for the payment of the general
administration expenses, taxes and duties, the purchase of land and other
real properties, the compensation, and the like, and other items not directly
related to the implementation of the Project shall not be eligible for
financing under the Loan.

The representative of the Government of the Republic of Korea also stated the
following :
(1)

Should the funds available from the proceeds of the Loan be insufficient
for the implementation of the Project, the Government of the Republic of
Indonesia shall make arrangements promptly to provide such funds as shall
be needed;
2

(2)

5.

Other terms and conditions to be specified in the Loan Agreement shall be
determined through negotiations between the Bank and the Government of
the Republic of Indonesia.

The representative of the Government of the Republic of Indonesia stated that
it has no objection to the statements mentioned in paragraphs 2, 3 and 4 above.

July 5, 1995

For the Government of
the Republic of Korea

For the Government of
the Republic of Indonesia
Signed

Signed

S-oemadi D.M. Brotodiningrat

Hyung-Ki MIN .

Director General for Foreign
Economic Relations
Department of Foreign Affairs

Ambassador Extraordinary
and Plenipotentiary

3