Treaty Room - Treaty

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(13-HF'R-2008

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AS I Hrl DEUEU:H1EHT BHI'-IK

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A

G

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M E

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between

THE GOVERNMENT OF 'l'H.E REPUBLIC

OF INDONESIA

and

THE

DEVELOPMENT
ａｓｉＮｾ＠

ｂＦｾ＠

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regarding

Tff.E
ｆｅｓＡｄｾｔ＠

OFFtC2

OF T22 .a.S IA.N DEVELO!?m:NT SANK

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AGREE..'1.ENT BETWEEN THE GOVERNMENT OF TE"E RE.PUBtiC
OF XNDONES!rl AND Ta£ ASIAN ｄｅｖｌｏｐｾｎｔ＠
ｂｾ＠
REGARDING THB RESIDENT OFFICE
OF THE" ａｓＡｾｻ＠
DEVELOPMENT BANK

The Government of the Republic of Indonesia
(hereinafter referred to as the Gove.rn.rnant) and
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The Asian Development Bank (hereinafter referred
to as the Bank},
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DESIRING to conclude an agreement regarding
Office of the Bank in Indonesia,
ｒ･ｾｩ､ｮｴ＠

the

HAVE AGREED as follows:

ARTICLE I

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Definitions

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Section 1.
Wherever used in this Agreement,
unless the context otherwise requires, the following terms
have the following meanings:
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(a)

•rndonesia" means the Republic of Indonesia;

(b)
ftLaws of Indonesia" means the Constitution,
and regulations oe Indonesia, and includes decrees,
ordinances and orders issued by or under the authority of
the Government or its agencies;
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ｬ｡ｾｳ＠

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(c)
•Resident Office" means the
ofithe Bank in Indonesia;

ｒ･ｳｩ､ｾｴ＠

Office

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(d)
"Resident Office Seat" means the premises
ocdupied by the Resident Office:

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{e)
ftappropriate authorities of Indonesia" means
such authorities in Indonesia as may be appropriate in the
｣ｾｴ･ｸ＠
and in accordance with the laws and regulations
applicable in Indonesia;

ｭ･ｾｲ＠

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{f )
"Member Country• means a country which is a
of the Bank;

P. D2

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.. Representatives
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of ＡＭＱｾｭ｢･ｲ＠

ｾ＠

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countr1es
. 1.nclude
all 1alternates, advisers and technical experts assisting
sucti representatives and secretaries of delegations;
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(g)

(h)
"Officers and Staff of the ｂ｡ｮｫｾ＠
of the Bank;

means all

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(i)
ｾｯｦｩ｣･ｲｳ＠
and Staff of the Resident Office"
means all personnel o'- the Bank appointed by the Bank to the
Resident Office:
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(j)
"Resident Representative" means· the principal
executive official of the Resident Office appointedlby tne
the!Bank;
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(k)
"dependentsw means the dependents of : the
Offlcers and Staff of the Resident Office, and includes
their ｾｲｯｵｳ･Ｌ＠
parents, children and, subject to the
conburrence of the Government, other persons who ｡ｲｾ＠
ｰｲｩｾ｡ｬｹ＠
dependent on such personnel for financial supporti
(1)
"members of the household staff" means
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perrons, other. than nationals of Indonesia, employed in the
aod Staff of the Resident Office;
domestic staff of ｏｦｩ｣･ｾｳ＠
and

(m) Ｂｰｲｯ･ｴｹｾ＠
of the Bank means all assets of
the! Bank and includes ｦｵｾ､ｳｴ＠
income and rights, belonging
to or held or administered by, the Bank.

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A.RTICI.E I I

Juridical Personality
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Section 2.
The Bank shall have full juridical
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pe1sonality and, in particular, full capacity:
;

(a)
(b)

to contract;
to acquire and dispose of immovable and

movable property; and
{c)

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to institute legal proceedings.

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ARTICLE III

Immunities of
ｾＺｨ･＠

eank

Section 3.
Subject to the provisions of
Article 50 of the Agreement Establishing the Asian
Development Bank, the Bank and its property shall enjoy
immunity from every forn of legal process.
Section 4.
Property of the Bank shall be
immune from search, r equisition, confiscation, expropriation
or any other form of taking or ｦｯｲ･｣ｬｳｵｾ＠
by executive or
legislative action.
ｾ＠

Section 5.
The archives of the Bank and, in
ge neral, all documents belonging to it, or held:by it, shall
be inviolable, wherever ｬ ｯ ｣ｾｴ･､Ｎ＠

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ARTICLE IV

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The Resident Office Seat

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Section 6.
The Bank rua.y establish 'a Resident
Office i n Indonesia to faci l itate the efficient co nduct of
the operations of the Bank in Indonesia.

Section 7.

The Resident Office shall be headed

by a Resident Representative and shall be staffed with such

othe r personnel as may be appointed thereto by the Bank.

Section 8.
The Government shall, ±f requested,
assist the Bank to secure premises necessary for the
Resident Office Seat and facilities required for the
establishment and operations of the Resident Office.
ARTICLE V

Inviolability o f the Resident Office Jeat
II

Section 9.
(a ) 'l'he R.esident Office Seat shall
be inviolable and shall be under the control and authority
of the Bank • . No authorities of Xndone sia s hall:enter the
Resident Office seat to perform any duties t herein withou t
th e conse n t of, a nd under conditions agreed to By, t he Ba nk
o r t h e Reside nt Office.

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{b)

The Bank shall have the power to make rules

and /regulations operative w': .thl.n the Resident Office Seat

for rthe full and ｩｮ､･ｰ［ＬＮｪｾｴ＠
･ｸｾｲ｣ｩｳ＠
periormance of its functions.

of its

ｾｰ･ｲ＠

a tions

and

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Section 10.
Except as otherwise provided in
thi Agreement, the laws of ｉｮｾｯ･ｳｩ｡＠
shall apply within the
Resident Office Seat, and the courts of Indonesia shnll have
jurisdiction over ｡｣ｴｾ＠
done in the Resident Office Seat.

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ARTICLE Vl

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Protection of tbe Resident Office Seat

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Section 11 .
(a) The appropriate authorities of
Indbnesia shall, when thev deem it necessary, exercise due
､ｩｬｾｧ･ｮ｣＠
to ensure that the tranquility of the Resident
ｏｦｾ｣･＠
Seat
is not ､ｩｳｴｾｲ｢･Ｎ＠
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(b ) If so requested by the Bank or the Resident
t he appropriate authorities of Indonesia shall
prolvide a .sufficient number of police for the preservation
of ｾ｡ｷ＠
and order in the Resident Office Seat and for the
removal therefrom of offenders.
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ｏｦｾ｣･Ｌ＠

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ARTICLE VII
Public Services
Section 12.

The Government shall assist the

Bartk to secure services required to maintain the Resident

Office Seat in a condition suitable for the effective
discharge of the func.t.ions of the Resident Office.
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Section 13.
The Govern."Tlen t shall, if: requested,
assist the Bank to secure suitable housing accom.rr.odation for
Officers and Staff of the Resident Office and th2ir
dependents.

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Section 14. . 'l'he Go.verrment shall provide
assistance, when necessary, to ･ｮｳｵｲｾ＠
that the Resident
office will be able to obtain gasoline or other fuels and
lubricating oils for vehicles and any other means of
transportation required for the official use of the Bank
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(ilcluding for the use of Officers and Staff of the Bank) to
the sarne extent and undez: the same conditions as those
geherally applicable for other international organizations
anl:l governments includi ng their diplomatic missions in
Ａｮｾｯ･ｳｩ｡Ｎ＠

A!.'-.TICLE VI I I

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'Property of the Bank and Taxation
Section 15.
The Bank, )ts property and its
and transactions shall be exempt from:
((a) all taxation and any obligation for the
pa yrnent 1 withholding or collection of any tax or
duty;
'.'(b}[ :=tll ｣ｴｾｳｯｭ＠
duties, taxes and other
levies on any goods, articles, including mo tor
ｶ･ｾｨｩ｣ｬｳ＠
and publicatio ns, imported
o.t" exported by the Sank for its official ' use
{including articles imported by the Bank for the
use of Officers and Staff of t he Resident
Office), and any obligation for the payment,
withholding or collection of any customs duties.
Any goods and articles imported under such
exempt ion may be disposed of locally, subject to
such terms as may be agreed upon with the
GOvernment; and
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Jcr all prohibitions and restrictions on
imports and exports in respect of goods br
al:ticles, · inc l uding motor vehicles and [
publications, intended for the official pse of
the Bank ( inc luding articllls i:nported by[ the BanK
ｦｯｾ＠
the usa o£ Officers and Staff of the
Resident Office).
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ARTICLE !X
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Financial Facilities
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Notvi thstanding f inanciall controls,
section 16.
regula tions or moratoria of any kind, the Bank may1 in
Indonesia, freely:
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(i)
purchase, hold and dispose of ｾｮｹ＠
funds,
currencies, financiai instruments and securities,
operate accounts in any ｣ｾｲ･ｮｹＬ＠
engage, in
financial transactions ｾｮﾷ｣ｯｬｵ､･＠
financial
contractsi and

(ii) transfer its funds, ｣ｵｲ･ｮｩｾ＠
financial instruments, securities, to or: from
Indonesia, from or to any other country ｾｲ＠
within
Indonesia and convert any currency held by it into
any other currency.
Section 17.
The Government shall ensure that
Bank obtains, in exchange for any convertible !currency,
ｴｾ･＠
national currency of Indonesia in aznounts as the Bank
may from time to time require for meeting expendit;ures of
tbe Bank in Indonesia, at the most favorable exchange rate
ptevailing in the market or officially recognized.

ｴｾ･＠

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section 18.
For the purposes of meeting local
expenditures i.n Indonesia for the establishment and
main tena.nce of the· Resident Office Seat and for tllle
effective discharge of the functions of the ｒ･ｳｩ､ｾｮｴ＠
Office,
the. Bank: may utilize any portion of the subscriptions of
Ihdonesia to the capital stock of the Bank which have been
paid in the national currency of Indonesia.
｣ｵｲｾＭＺｹ＠

AR'l\ICLE X

F r eedom of Assembly

ｾｯｮｶ･＠

Section 19.
The Bank: shall have the right to
meetings within the Resident Office seat. or with
the concurrence of the appropriate authorities of Indonesia,
elsewhere in Indonesia.

AR'l'ICLE XI
Communications
The Bank shall enjoy in Indonesia
ｴｲ･｡ｾｮ＠
not less favorable
than that accorded by the Government to any ｯｴｨ･ｾ＠
international organization or government includir