Treaty Room - Treaty
AGR'KKtfllNT
BR'JWKKN
THK G0VKRNMKNT OF THK REPUBLIC OF INDONESIA
THE GOVERNMENT OF THE
INDEPENDENT STATE OF PAPUA___NEW GUINEA
REGARDING THE STATUS OF FORCES OF EACH STATE
IN THE TERRITORY OF THE OTHER STATE
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
GOVERNMENT OF THE INDEPENDENT STATE OF PAPUA NRW GUINEA
DESIROUS
of
friendship
promoting
and
mutual
cooperation
respect
under
and
the
THE
-
strengthening
Treaty
of
Mutual
Respect, Friendship and Cooperation between the two States;
RECOGNISING
the high importance both Governments attach
to
maintaining close cooperation in Defence matters;
HAVING
from
agreed that Defence Force units from each State
time
accordance
to
time
with
be
present
arrangements
in
made
the
other
between
State
the
may
in
two
Governments;
DESIRING to make provision for the status of such
personnel
while in the other State;
HAVE AGREED as follows:
ARTICLE 1
DEFINITIONS
In this Agreement :
(a)
"civilian
directly
component"
involved
with
means
civilian
official
personnel
duties
Visiting Force in the receiving State who :
1
of
the
i)
are in the service of a Visiting Force, or
ii)
are
serving
approval
with an
organization
with
of the authorities of the
the
receiving
State is accompanying a Visiting Forc-e ; or
iii) are
attached to or accompanying the
Force
Visiting
and in accordance with the law
sending State
of
the
are subject to the Service
Law
of that State but does not include dependants.
(b)
"receiving
State"
means
the
State
in
whose
territory a Visiting Force is located;
(c)
"Sending State" means the State to which a Visiting
Force belongs;
(d)
"Visiting
of
but,
Force" means units of the Defence
either State including its civilian
does
territory
not
of
include dependants,
the other State in
Force
component;
when
in
connection
the
with
activities agreed between the two Governments;
(e )
"Service Authorities" means :
(i)
in
respect of the Republic of
Indonesia
its
Armed Forces; and
(ii) in respect of Papua New Guinea the authorities
of the Papua New Guinea Defence Force.
(f)
"Service
conduct
Republic
Law"
of
of
means the law
that
members of the Armed
regulates
Forces
Indonesia and the Defence
of
Force
the
the
of
Papua New Guinea; and
(g)
In
this
Agreement the male gender
female.
2
includes
the
ARTICLB 2
COMPOSITION
The
size and composition of a Visiting Force of
visiting
insofar
the
other
State and
the
one
conditions
State
applicable
as they are not laid down in the present
Agreement
shall be the subject of mutually acceptable arragements made
from time to time by the two States_ A Visiting Force may be
accompanied by its civilian component_
ARTICLB 3
DUTY OF THE VISITING FORCE
It is the duty of the Visiting Force authorities, members of
a Visiting Force to respect not only the laws and customs of
the
receiving
Visiting
within
State
Force
their
but also the
authorities
shall
spirit
of
render
all
power to the receiving State
them_
The
assistance
authorities
to
prevent misuse of the privileges granted in this Agreement_
ARTICLB 4
REQUIREMENTS FOR ENTRY AND EXIT
(1)
The
Government
facilitate
of
the
receiving
State
the admission of members of a
shall
Visiting
Force, and their departure from the receiving State
in
connection with activities agreed
between
the
two governments_
(2)
Passports,
visas
and
movement
orders
will
be
State
has
required by members of a Visiting Force_
(3)
If
the
Government
of
the
receiving
requested the removal from the receiving State of a
member of a Visiting Force, admitted in
accordance
with this Agreement or has made a deportation order
against a former member, who has not formally
been
granted permanent residence in the receiving State,
3
the
authorities
responsible
of
for
the sending
the
State
shall
transportation
be
from
the
receiving State of the person concerned, and, where
applicable,
without cost to the Government of
the
receiving State_
ARTICLE 5
ENTRY PRIVILEGES CQFFICIAL PURPQSKSl
Vehicles, equipment, weapons, armaments, provisions, supplies
and
other goods imported into or acquired in the
State
by
the
Visiting
Visiting Force for the
Force
shall
be free of
receiving
official
all
duties
use
and
of
a
taxes_
Except as may be otherwise arranged, title to such vehicles,
equipment,
other
weapons,
goods
armaments,
provisions,
supplies
shall remain in the sending State,
which
remove
them from the receiving State at any time free
export
duties
and
related charges
and
restrictions,
and
may
from
or
otherwise disposed off, in accordance with arrangements made
between the two Governments_
ARTICLE 6
FIRST ENTRY PRIVILEGES CPRIV.ATE PURPQSKSl
(1)
The
personal
goods,
effects,
(other
than
furniture
motor
and
vehicles,
household
cigarettes,
cigars, tobacco and spirituous liquors) of a member
of
the
a Visiting Force may at the time of arrival
member
to take up service
in
the
receiving
State, be brought into the receiving State free
import
duty,
including sales
tax,
provided
furniture
and household goods remain in
ownership
and possession of that member,
of
the
the
use,
or
with
the permission of the appropriate authority of
receiving State_
4
of
the
(2)
Goods imported under paragraph (1) of this
shall
not
be disposed off
within
the
State
without prior permission of the
article
receiving
authorities
of that State; they may however, be freely exported
without payment of duty_
(3)
in
Nothing
this
concessions
time,
article
derogates
from
any
or entitlements granted, from time
in accordance with the law of the
to
receiving
State, to persons entering that State_
AR'J.'ICLE 7
EXCHANGE CONTROLS
(1)
Members of the Visiting Force, shall remain subject
to the foreign exchange regulations of the
sending
State
in
the
also
be
but
territory
as
regards transactions
of
the receiving State
done
shall
subject to the exchange control regulations of
the
receiving State_
(2)
Remittances from the receiving State to the sending
State
shall
be permitted without
restriction
in
respect of
(a)
funds
derived by members of a Visiting
Force
from services or employment in connection with
official duties;
(b)
funds derived by members of a Visiting
from
sources
subject
outside
the
Force,
receiving
to any laws, regulations or
State
policies
of the the sending State in that respect;
(c)
the proceeds of the sale of personal
effects,
furniture,
property
used
motor vehicles and other
by a member of a Visiting
5
Force,
which
are
disposed
termination
off
in
anticipation
of
of his services in the
the
receiving
State;
(d)
funds
belonging
organization
to
an
authorised
and derived from its
service
recognised
trading activities.
(3)
The
preceeding paragraphs shall not
preclude
the
transmission into or outside the receiving State of
foreign
exchange
instruments
representing
the
official funds of the Visiting Force.
ARTICLE 8
USE OF SERVICES AND FACILITIES
(1)
A
Visiting
services
members
ｆｯｲ｣･ｾｳ＠
and
facilities
may
owned,
use
the
public
controlled
regulated by the Government of the receiving
or
its
instrumentalities.
The
terms
or
State
of
use,
including charges, shall be no less favourable than
those
available
to
other
users
in
like
circumstances unless otherwise agreed.
(2)
The appropriate authorities of the receiving
may
require the payment of landing charges by
Government
use
State
of the sending State by reason
of
of its aircraft, or by civil charter
any airport in the receiving
State.
the
operated
on its behalf in connection with a Visiting
of
the
Force,
Aircraft
owned by or operated on behalf of the Government of
the
sending
regulations
State
shall
observe
laws
relating to air traffic control
and
while
in the receiving State.
(3)
The appropriate authorities of the receiving
may require the payment of toll charges,
State
including
light and harbour dues to be levied upon vessels of
6
the
Visiting
controlled
facilities
owned,
or regulated by the Government
receiving
vessels
Forc e using port
State
or its
of
the
instrumentalities_
shall be subjected to compulsory
Such
pilotage
at these ports _
(4)
Vessels,
vehicles
Force
shall
registration,
and aircraft
be
exempt
licensing,
from
of
the
Visiting
any
compulsory
form
of
testing
or
taxation- in respect of their use in the
State_
However,
State
shall
Visiting
the authorities
insure
Force
official
against
third
of
receiving
the
sending
vehicles
party
of
the
risks
in
accordance with the laws of the receiving State_
(5)
For the purposes of paragraphs (3) and (4) of
article,
charter
this
a vessel, vehicle or aircraft on hire
to
the Government or defence force
of
or
a
sending State shall, for the period that it is used
exclusively for the service of the Visiting
be
deemed to be a vessel, vehicle or
Force,
aircraft
of
that Visiting Force_
ARTICLE 9
DRIVING LICENSES AND VEHICLE NUMBER PLATES
(1)
The authorities of the receiving State shall accept
as
valid, without a driving test or fee, a driving
permit
or licence issued by the sending
a Visiting Force for
State
to
the
purpose
of
the
purpose
of
vehicles,
a
members
of
driving
official
driving
vehicles other than official
vehicles_
For
driving permit or licence issued by the authorities
of the receiving State shall be obtained_
(2)
Official
vehicles of a Visiting Force shall
distinctive number plates_
7
carry
(3)
Privately
owned vehicles of members of a
Visiting
Force, shall carry number plates to be acquired and
subject to the law of the receiving State_
ARTICLE 10
POSTAL AND COMMUNICATIONS ARRANGEMENTS
( 1)
A
Visiting
arrangements
and
may
Force
in
between the two
accordance
with
Governments
control
operate in the receiving State facilities
for
communicating with and reporting to the authorities
of the sending State.
(2)
A
Visiting
facilities
operate
Force
put
may,
at
at
its
installations
disposal,
and
establish
and
military post offices for the handling
official
official
correspondence,
mail
documents,
of authorised
and
individuals
nonbetween
these and other post offices of the sending
Detailed
of
State_
arrangements for the interchange of
mail
with or through the postal service of the receiving
State shall be as mutually arranged.
(3)
The
authorities of the receiving State
inspect
official
channels
mail
in
the
of the sending State_
non-official
mail
shall
military
postal
Any inspection
in such channels which
may
required by the regulations of the receiving
shall
be
conducted
by
the
not
authorities
of
be
State
of
the
receiving State in accordance with procedures to be
arranged
between
the appropriate
authorities
of
both States.
(4)
Telecommunication facilities operated in
pursuance
of paragraph (1) of this article shall not be
used
for the transmission of non-official communications_
Non-official communications shall be transmitted by
8
the
telecommunications
public
services
of
receiving
State a t the c harges applicable
nationals
of
t h e r ece iving State
for
to
the
the
equivalent
transmissi ons.
(5)
The provisions of the International
tion
Convention
Recommendations
and
of
associated
the
Telecommunica-
Regulations
with
that
and
Convention
shall be observed in relation to any telecommunication
facility operated in pursuance
of
paragraph
(1) of this article.
(6)
Arrangements made in pursuance of paragraph (1)
this
article for the operation
of
of
telecommunica-
tions facilities shall include arrangements for the
receiving
any
State to approve the proposed
telecommunications
receiving
power
State
cable to be
and the
proposed
of any wireless transmitter to
from the receiving State.
operated
except
proposals.
than
laid
in
reason
in
Where
of
Visiting
accordance
with
authorities
of
shall,
the
frequency
and
be
operated
at
approved
operates
otherwise
approved
the
proposals
equipment,
request
the receiving State,
of
suspend
operation of the facility until the malfunction
corrected.
9
be
with
the malfunction of the
Force
of
in
Facilities shall not
a facility
accordance
route
by
the
the
the
is
ARTICLE 11
UNIFORMS
Members
o f a Vi s iting For c e s h a l l wear the uniforms of
sending
State
in
p erfo rming
o fficial
duties
the
in
the
receiving State.
ARTICLE 12
CONFORMITY WITH LAWS
Consistent
with arrangements between Papua New
Guinea
and
Indo nesia, a Visiting Force shall conform to the
provisions
of
quarantine
the law
of the receiving
State,
including
law and industrial awards and determinations.
ARTICLE 13
CARRIAGE OF ARMS
(1)
Members of a Visiting
arms
Force may possess and carry
in the receiving State by
mutual
agreement
between the two States.
(2)
The
carrying
facilities
in
of
arms
outside
of
areas
use by the Visiting Force
made by appropriate arrangements
and
may
between
be
the two
States.
ARTICLE 14
AUTHORISED SERVICE ORGANISATIONS
The
Government of the receiving State may permit
necessary
Service
in
its
territory the
Organisations
as
deems
operation
of
authorised
of the s e nding State
in
accordance
with arrangments made between the appropriate authorities of
the two States .
10
ARTICLE 15
PERSONNEL SERVICES
(1)
The
authorities of the receiving State
may
upon
request from the authorities of the sending State,
make
provisions for the following facilities
services
in
respect of the Visiting
authorised service
and
Force,
and
organisations:
(a)
working accomodation;
(b)
residential accomodation;
(c)
food
services
in
defence
force
installations;
(d)
health
care
services
in
defence
force
installations.
( 2)
The
detailed
provision
of
including
arrangments
such
relating
facilities
and
to
the
services,
the requirements of the sending
State,
and the scales and standards of accomodation to be
provided,
shall
be
the
subject
of
mutually
acceptable arrangements made from time to time
by
the authorities of the two States.
(3)
The Government of the sending State shall pay
Government
incurred
of
in
mentioned
the
the receiving State
for
expenses
respect of facilities
and
services
in the preceeding paragraphs
at
rates as are agreed from time to time between
such
the
authorities of the two States.
ARTICLE 16
SECURITY
(1)
A
Visiting
such
ensure
land,
lawful
Force shall have the right
measures as it deems
the maintenance of order and
premises and places which it
the receiving State.
11
to
necessary
take
to
security
on
occupies
in
The
( 2)
be
receiving State shall take such steps as
necessary
ser,urity
from
time to time
of such premises and of
property ,
to
may
ensure
the
the
equipment,
records and official information
of
a
Visiting Force, and the ir property .
ARTICLE 17
FLYING OF FLAGS
Where
the
o ccupied
flag of the sending State is flown
by
a Visiting Force , the
State, shall be flown on
flag of
at
premises
the
receiving
a separate and adjacent flagstaff.
ARTICLE 18
CRIMINAL AND DISCIPLINARY JURISDICTION
(1)
Subject to the provisions of this Article
(a)
the Service authorities of the sending
shall
State
have the right to exercise within
the
territory of the receiving State all criminal
and
disciplinary jurisdiction
conferred
on
them by the law of the sending State over all
persons
subject to the Service law
of
the
sending State;
(b)
the authorities of the receiving State shall
have jurisdiction over members of a Visiting
Force,
with
within
the territory of the receiving
and
respect to
offences
punishable by the law of
committed
the
State
receiving
State.
( 2)
The Service auhtorities of the sending State shall
have the right to exercise exclusive jurisdiction
over persons subject to the Service law of the
sending State with respect to offences
by
the law of the sending State but
12
punishable
not
by
the
law of the receiving State.
(3)
The authorities of the receiving State shall
have
the right to exercise exclusive jurisdiction over
members of a Visiting Fo r ce , with respect to
offences punisha ble by the law of the receiving
State, but not by the law of the sending State.
(4)
In
cases
the
jurisdiction
where
is
the
right
concurrent the
to
exercise
following
rules
the Service authorities of the sending
State
shall apply :
(a)
shall
have
the primary
jurisdiction
over
right
persons
to
exercise
subject
Service law of the sending State in
to
the
relation
to:
i)
offences
solely against the property
or
security of the sending State;
ii)
offences
solely
property
of
person
against the
a
member
of
a
or
Visiting
Force, of any of the foregoing; or
iii) offences
arising
omission
done
in
out
the
of
any
act
or
performance
of
official duty;
(b)
in
the
c ase
of
any
authorities
of
have
primary
the
other
offence
the receiving
right
State
to
the
shall
e x ercise
jurisdiction;
(c)
for
the purposes of sub-paragraph (a)
(iii)
of this paragraph
(i) a certificate issued by the designated
authorities of the sending State that the
offence
arose out of an act or
omission
done in the performance of official duty,
13
shall, in any proceedings before a
court
or
tribunal , be sufficient evidence of
the
facts
so
certified,
unless
the
contrary is proved;
(ii)
when
the
authorities of
the
receiving
State consider that the circumstances
a
particular case so warrant,
request
that
consultations
they
take
of
may
place
between the diplomatic authorities of the
sending State in the receiving State
and
the authorities of the receiving State;
(d)
if
the
State having
the
primary
right
under this article decides not to exercise
jurisdiction,
it
shall
notify
the
authorities of the other State as soon
practicable. The authorities of the
having
primary
sympathetic
from
for
jurisdiction
consideration
the authorities of the
State
shall
to
a
as
give
request
other
State
waiver of jurisdiction. Regard
shall
be given for the responsibilities of
the
authorities
of the sending State for
the
good
and
order
discipline
of
persons
subject to the Service law of the
sending
State;
(e)
for the purposes of sub-paragraph (a)
of
the
(i)
this paragraph an offence relating
security of the sending
State
to
shall
include:
(i)
treason against the State; and
(ii)
sabotage, espionage or violation
of
any law relating to official secrets
of
that State, or secrets
14
relating
to
the
national
defence
of
that
State_
(5)
The designated Service autho rities of the
sending
State
and the authorities of the receiving
shall
assist each other in the arrest of
(s)
of a Visiting Force, in the
and,
subject
this
authority
member
receiving
to paragraphs (7), (8) and
article,
in
which
handing
them
is to exercise
State
State
(9)
over
of
to
the
jurisdiction
in
accordance with the above provisions_
(6)
The designated auhtorities of the receiving
shall
notify
promptly
authorities of
the
designated
State
Service
the sending State of the arrest of
any member of a Visiting Force.
(7)
Where the auhtorities of the receiving State
arrested
a person subject to the Service
have
law
of
the sending State with respect to an offence
over
which
have
the
receiving
concurrent
jurisdiction
receiving
of
that
sending
States
the authorities
of
State shall release him to the
the Service
pending
and
custody
authorities of the sending
completion of trial proceedings
he shall, on request, be made
the
State
provided
available
to
the authorities of the receiving State.
(8)
In
all other cases where the authorities
receiving
Visiting
State
have
arrested
a
member
Force, the authorities of the
he
sending
by the authorities of the
be released to the
State
proceedings
pending
authorities
provided that he shall, on
15
a
receiving
to
sending
completion
the
of
shall give sympathetic consideration
request
that
State
of
of
a
State
of
the
trial
request,
be
made
ava ilable
to
the
a uthorities
of
the
The
Service authorities of the sending State
and
the
authorities of the receiving State
receiving State_
(9)
all
shall
in
rise
to
jurisdiction assist each other in
the
cases
concurrent
including
those
giving
carrying out of all necessary investigations
into
offences, and in the collection and production
of
evidence
in
including
the
seizure
of
and,
appropriate cases, the handing over of objects
in
connection
over
of
subject
to
such
with an offence_ The handing
objects
may, however, be
made
their return within any reasonable time
specified
by the authority delivering them.
(10)
Under this article the Service authorities of
the
sending State and the authorities of the receiving
State
shall notify each other of the disposal
of
all cases in which there are concurrent rights
to
exe rcise jurisdiction.
(11)
The
receiving
execution
State
shall
not
carry
out
the
of a death sentence on a member of
the
Visiting Force.
(12)
Where an accused has been tried in accordance with
the
provisions
of this article
the
sending
by
State
the
authorities
of
by
the
authorities
of the receiving State, and has
been
convicted
include
may
or
or
Service
acquitted (which expressions
shall
any other final disposal of a charge)
not
be
tried
again
for
the
substantially the same offence by the
same
he
or
authorities
o f either State .
(13)
In additi o n
entered
to the provision
into
between
16
Papua
of
New
any
agreement
Guinea
and
Indonesia concerning the return of prisoners
one
country
Visiting
of
to the other , where
from
a member
of
Force, has been sentenced under the
the receiving State t o a term of
law
imprisonment
and he makes a request, which is supported by
authorities
shall
of
the sending
a
State,
his
the
request
be given symphathetic consideration by
the
authorities of the receiving State.
(14)
Whenever
a
member
of
a
Visiting
Force
is
prosecuted under the jurisdiction of the receiving
State he shall be entitled:
(a) to a prompt and speedy trial;
(b) to be informed, in advance of trial,
of
the
specific charge or charges to be made against
him;
(c) to be
confronted with the
witnesses
against
him;
(d) to
have
compulsory
witnesses
process
for
in his favour, if they
obtaining
are
within
the jurisdiction of the receiving State;
(e) to have legal representation of his own choice
for
his defence or to
legal
representation
prevailing
the
have free or
under
the
assisted
conditions
for the time being in the part
receiving
State in which he
is
of
being
prosecuted;
(f) if
he
considers it necessary,
to
have
the
services of a competent interpreter; and
(g) to
communicate
sending
State
with a represenative
and, where the
rules
of
the
of
the
court permit, to have such a representative at
his trial.
17
ARTICLE 19
JURISDICTION OF RESPECTIVE COURTS
(1)
Members of a Visiting Force shall be subjected
the criminal and civil jurisdiction of all
to
courts
in the receiving State_
( 2)
In the case of Papua New Guinea, the
referred
to in the preceding
jurisdiction
paragraph
includes
the jurisdiction of Village Courts_
(3)
In
the
case
referred
to
of
in
Indonesia,
paragraph
the
(1)
jurisdiction
includes
the
jurisdiction of Mahkamah Militer (Military
Court)
for
Negeri
military
personnel,
and
Pengadilan
(District Court) for the civilian component of the
Visiting
Force_
offence
In a case of
a
joint
alleged
by members of the Visiting Force and
civilian
component,
jurisdiction
its
of
Pengadilan
Negeri/Pengadilan Koneksitas (Court of
Connexite)
shall prevail_
(4)
To the extent that they are not inconsistent
the
this
Agreement,
the rules and procedures applicable to
paragraphs
2
provisions of Article 18 of
with
and
3
of this article
are
as
contained
in
Annexes 1 and 2 of this Agreement_
(5)
The Annexes ref erred to in the preceding paragraph
shall
have force and effect as integral parts
of
this Agreement_
(6)
In
the case of Papua New Guinea, where
a
matter
before a Village Court could be concurrently dealt
with by a higher court, the authorities of the
sending
referred
State
may
request that
by the Village Court to a
the
matter
higher
having jurisdiction over the same matter_
18
be
Court
( 7)
In the case of
where a matter before
ｉｮ､ｯ･ｳｩ｡ｾ＠
Court could be concurrently dealt with by
Court,
the authorities of the sending
request
that
presiding
the
matter
be
Court to the appropriate
another
State
referred
a
may
by
Court
the
having
jurisdiction over the same matter_
ARTICLE 20
CLAIMS
(1)
Each
Government waives all its claims against
the
other
(a)
for damage (including loss of use) to property
in the receiving State belonging to, hired
chartered by either of them and used by
or
their
defence forces if such damage :
i)
was
member
or
defence
arose
by an act or omission
caused
a civilian component
force
out
of the
other
of
a
of
the
State
and
of and in the course
of
the
performance of his official duty; or
ii)
arose
from the use of vehicles,
aircraft
or
chartered
being
by
used
vessels
belonging
to,
hired
or
the other
Government
and
performance
of
for
the
official duties in the receiving State.
(b)
for maritime salvage where the vessel or cargo
salvaged
used
by
was owned by a Government and
its
defence
force
for
being
official
purposes;
(c)
for damages for injury or death suffered by
member of its defence force while such
19
a
member
was engaged in the performance of his official
duties_
(2)
The
two
Governments
settlement
arising
of
shall
claims
consult
by one
against
on
the
the
other
from damage caused in the ways set out
sub-paragraph
(1)
(a) of this
article
to
in
other
property belonging to, hired or chartered by either
Government
thereof
and located in
the
receiving
State_
(3)
Claims arising out of acts or omissions of a member
of
a
Visiting Force, the
nationals
civilian
component
of the receiving State employed
by
Visiting Force done in the performance of
duty
or
out
occurrence
of
any
other
acts,
or
the
official
omission
for which the sending State is
or
legally
responsible, and causing damage in the territory of
the receiving state to third parties, other than to
either
the
with
of the two Governments, shall, except
two
Governments otherwise arrange,
when
be
by the Government of the receiving
dealt
State
in
accordance with the following provisions
(a)
claims shall be filed, considered and
settled
or adjudicated in accordance with the laws
the
receiving
arising
State with respect
from
the activities of
to
of
claims
the
Defence
Force of the receiving State;
(b)
the
Government
of the
receiving
State
settle such claims, and payment of the
agreed
shall
upon
be
or
made
determined
by
the
by
may
amount
adjudication
Government
of
the
receiving State;
(c)
such
payment,
whether
made
pursuant
to
a
settlement or to adjuducation of the case by a
20
competent authority of the receiving State
the
final adjudi c a t i o n by such
denying
payment ,
shall
be
an
or
authority
binding
and
conclusive discharge of the claims;
(d)
every
claim
receiving
appropriate
paid by the
Government
of
the
State shall be communicated to
the
authorities of the sending
together with full particulars and a
distribution in accordance with
(3)
(e)
reply
of this article.
within
two
In
months
State
proposed
sub-paragraph
default
the
of
a
proposed
distribution shall be regarded as accepted;
(e)
the
cost
pursuant
this
incurred
in
satisfying
to the preceding
paragraph shall be
claims
sub-paragraphs
distributed
of
between
the two Governments as follows :
i)
where the Government of the sending State
alone is responsible for the damage,
amount awarded or adjudged and the
the
costs
associated with the settling of the claim
shall be distributed in the proportion of
25 per cent chargeable to the
of
the receiving State and 75
chargeable
to
the
Government
per
cent
of
the
Government
sending State;
ii)
where the two Governments are responsible
for
the damage or it is not possible
attribute
responsibility for the
specifically
amount
shall
damage
to either Government,
be
distributed
to
such
equally
between them.
(4)
Every three months a statement of the sums paid
by
each Government shall be sent to the authorities of
21
the
other Government together with a
request
for
shall
not
reimbursement.
(5)
Paragraphs
(3) and (6) of this article
apply to :
(a)
claims
arising
vehicles
of
covered
by
accordance
out of the
the
sending
use
of
State
official
which
insurance policies taken
with
the
law
of
the
are
out
in
receiving
State; and
(b)
(6)
contractual claims.
A certificate issued by the designated
of
any
authorities
the sending State that the claim arose
act
or omission done in
the
out
of
performance
of
official duty shall be conclusive of that fact .
(7)
The
authorities
procurement
of
of
the two
Governments
evidence for a
fair
in
the
hearing
and
disposal of claims under this article.
(8)
In the case of any private moveable property
which
is subject to compulsory execution under the law of
the receiving State and which is within an area
use
by the Visiting Force, the authorities of
sending
State
appropriate
shall,
upon
request
in
the
assist
the
authorities of the receiving State
to
take possession of such property.
(9)
The sending State shall not claim immunity from the
jurisdiction
of the courts of the receiving
for members of a Visiting Force, in respect of
State
the
civil jurisdiction of the courts of the receiving
State.
22
ARTICLE 21
TAXATION
The
taxation provisions to apply to members of
Force
shall
be
as
arranged by
the
two
a
Visiting
Governments
in
accordance with their respective laws.
ARTICLE 22
WCAL PURCHASE
Subject
to
any wishes expressed by the Government
of
the
receiving State, the Government of the sending State and its
contractors
and
authorised
service
organizations
shall
locally produced goods and commodities which
purchase
require
they
for the official use of Visiting Force if they
available
at
a
suitable
price
and
are
of
a
are
standard
required.
ARTICLE 23
SETI'I.EHENT OF DISPUTES AND CONSULTATIONS
(1)
Any
matter
respect
to
arising
its
under
this
interpretation,
Agreement
with
application
or
implementation shall be settled by consultation
or
negotiation between the two Governments.
(2)
Either Government may request for consultations
at
any time on any matters relating to this Agreement.
ARTICLE 24
ENTRY INTO FQRCE, AMENDMENT AND TERMINATION
(1)
This
Agreement shall enter into force
parties
respective
have
notified
after
both
each
other
that
constitutional and
legal
requirements
for entry into force have been fulfilled .
23
their
(2)
This Agreement may be reviewed or amended by mutual
agreement between the two States.
(3)
Subject
to paragraph (4) of this
Article,
one of the Governments may terminate the
either
Agreement
by notice in writing_
(4)
After
the
(180)
days
expiration of one
from
the date
hundred
of
such
and
eighty
notice,
the
Agreement ceases to be in force.
IN
WITNESS WHEREOF the undersigned, being
thereto
duly
by their respective Governments, have
authorised
signed
this
Ageement.
DONE in duplicate at
Ｑｾ＠
this
day of ｾＧ＠
One Thousand
Ninety Two in English language_
ｾ［ＯＭｉｶ
Nine
Hundred
FOR THE GOVERNMENT OF
FOR THE GOVERNMENT OF
THE REPUBLIC OF
THE INDEPENDENT STATE
INDONES-!1\
OF PAPUA NEW GUINEA
Signed
Signed
24
and
ANNEX
1
TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC
OF INDONESIA AND THE GOVERNMENT OF THE INDEPENDENT STATE OF
PAPUA NEW GUINEA ON THE STATUS OF FORCES OF EACH STATE IN
THE TERRITORY OF THE OTHER STATE.
RULES AND PROCEDURES
RELATING TO
VII.I.AGE COURTS OF PAPUA NEW GUINEA.
THE
Whenever a member of the Visiting Force
component is a party to any proceedings
Court, the following shall apply
a)
JURISDICTION
OF
or its Civilian
before a Village
Where he has been arrested :
(1) the authorities of Papua New Guinea shall forthwith
notify
the Indonesian Defence Attache in
the
receiving State;
(2) the authorities of Papua New Guinea shall as soon as
practicable release or transfer him to the custody
of the Indonesian authorities as the circumstances
require; and
(3) the Indonesian Service authorities shall ensure
that he attends in person on the date and the time
and place appointed for the hearing by the Village
Court.
b)
If he has not been arrested, the authorities of Papua
New Guinea shall forthwith advise the Indonesian Defence
Attache of the details of the alleged offence or dispute
and the date, time and place of the hearing of the
Village Court.
c)
If the Village Court in the exercise of its criminal
jurisdiction makes an order for the payment of goods or
performance of work, it may also specify a fine which
may, in the alternative, be paid.
d)
If the Village Court in the exercise of its civil
jurisdiction, orders the performance of work, it shall
also specify the amount of money which may,
in the
alternative, be paid as compensation or damages.
e)
If the proceedings relate to a matter referred
Section 45 of the Village Courts Act :
to
in
(1) the Village Court before making an award, shall
consult with the District Supervising Magistrate and
IndonesiaJs Service authorities; and
1
II
!
(2) any award so made may be varied on appeal or review
under Section 92 of the Village Courts Act,
if in
the opinion of the Magistrate hearing the appeal or
conducting the review, the award is either grossly
e xc essive or grossly inadequate.
f)
He shall be entitled to have, without
assistance of a suitable interpreter.
g)
He shall be entitled to be represented by a member of
the Visiting Force or a representative of the Government
of Indonesia who is not a legal practitioner .
•
2
payment,
the
r
I
I
ANNEX
2
TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC
OF INOONESIA AND THE GOVERNMENT OF THE INDEPENDENT STATE OF
PAPUA NEW GUINEA ON THE STATUS OF FORCES OF EACH STATE IN
THE TERRITORY OF THE OTHER STATE.
RULES AND PROCEDURES RELATING
INDONESIAN APPRQPRIATE COURT.
TO
THE
JURISDICTION
OF
Whenever a member of the Visiting Force or its civilian
component is a party to any proceedings before an Indonesian
appropriate Court the following shall apply :
a)
where he has been arrested :
(1) the authorities of Indonesia shall forthwith notify
the
Papua New Guinea Defence Attache in
the
receiving State;
(2) the authorities of Indonesia shall as
practicable release or transfer him to the
of
the Papua New Guinea authorities
circumstances require; and
••
·.•
soon as
custody
as
the
(3) the Papua New Guinea Service authorities shall
ensure that he attends in person on the date and at
the time and place appointed for the hearing by the
Indonesian appropriate Court .
If he has not been arrested,
the authorities
of
Indonesia shall forthwith advise the Papua New Guinea
Defence Attache of the details of the allleged offence
or dispute and the date, time and place of the hearing
of the Indonesian appropriate Court.
c)
He shall be entitled to have, without
assistance of a suitable interpreter.
d)
He shall be entitled to be represented by a member of
the Defence Force, a representative of the Government of
Papua New Guinea or a legal practitioner.
3
payment,
the
BR'JWKKN
THK G0VKRNMKNT OF THK REPUBLIC OF INDONESIA
THE GOVERNMENT OF THE
INDEPENDENT STATE OF PAPUA___NEW GUINEA
REGARDING THE STATUS OF FORCES OF EACH STATE
IN THE TERRITORY OF THE OTHER STATE
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
GOVERNMENT OF THE INDEPENDENT STATE OF PAPUA NRW GUINEA
DESIROUS
of
friendship
promoting
and
mutual
cooperation
respect
under
and
the
THE
-
strengthening
Treaty
of
Mutual
Respect, Friendship and Cooperation between the two States;
RECOGNISING
the high importance both Governments attach
to
maintaining close cooperation in Defence matters;
HAVING
from
agreed that Defence Force units from each State
time
accordance
to
time
with
be
present
arrangements
in
made
the
other
between
State
the
may
in
two
Governments;
DESIRING to make provision for the status of such
personnel
while in the other State;
HAVE AGREED as follows:
ARTICLE 1
DEFINITIONS
In this Agreement :
(a)
"civilian
directly
component"
involved
with
means
civilian
official
personnel
duties
Visiting Force in the receiving State who :
1
of
the
i)
are in the service of a Visiting Force, or
ii)
are
serving
approval
with an
organization
with
of the authorities of the
the
receiving
State is accompanying a Visiting Forc-e ; or
iii) are
attached to or accompanying the
Force
Visiting
and in accordance with the law
sending State
of
the
are subject to the Service
Law
of that State but does not include dependants.
(b)
"receiving
State"
means
the
State
in
whose
territory a Visiting Force is located;
(c)
"Sending State" means the State to which a Visiting
Force belongs;
(d)
"Visiting
of
but,
Force" means units of the Defence
either State including its civilian
does
territory
not
of
include dependants,
the other State in
Force
component;
when
in
connection
the
with
activities agreed between the two Governments;
(e )
"Service Authorities" means :
(i)
in
respect of the Republic of
Indonesia
its
Armed Forces; and
(ii) in respect of Papua New Guinea the authorities
of the Papua New Guinea Defence Force.
(f)
"Service
conduct
Republic
Law"
of
of
means the law
that
members of the Armed
regulates
Forces
Indonesia and the Defence
of
Force
the
the
of
Papua New Guinea; and
(g)
In
this
Agreement the male gender
female.
2
includes
the
ARTICLB 2
COMPOSITION
The
size and composition of a Visiting Force of
visiting
insofar
the
other
State and
the
one
conditions
State
applicable
as they are not laid down in the present
Agreement
shall be the subject of mutually acceptable arragements made
from time to time by the two States_ A Visiting Force may be
accompanied by its civilian component_
ARTICLB 3
DUTY OF THE VISITING FORCE
It is the duty of the Visiting Force authorities, members of
a Visiting Force to respect not only the laws and customs of
the
receiving
Visiting
within
State
Force
their
but also the
authorities
shall
spirit
of
render
all
power to the receiving State
them_
The
assistance
authorities
to
prevent misuse of the privileges granted in this Agreement_
ARTICLB 4
REQUIREMENTS FOR ENTRY AND EXIT
(1)
The
Government
facilitate
of
the
receiving
State
the admission of members of a
shall
Visiting
Force, and their departure from the receiving State
in
connection with activities agreed
between
the
two governments_
(2)
Passports,
visas
and
movement
orders
will
be
State
has
required by members of a Visiting Force_
(3)
If
the
Government
of
the
receiving
requested the removal from the receiving State of a
member of a Visiting Force, admitted in
accordance
with this Agreement or has made a deportation order
against a former member, who has not formally
been
granted permanent residence in the receiving State,
3
the
authorities
responsible
of
for
the sending
the
State
shall
transportation
be
from
the
receiving State of the person concerned, and, where
applicable,
without cost to the Government of
the
receiving State_
ARTICLE 5
ENTRY PRIVILEGES CQFFICIAL PURPQSKSl
Vehicles, equipment, weapons, armaments, provisions, supplies
and
other goods imported into or acquired in the
State
by
the
Visiting
Visiting Force for the
Force
shall
be free of
receiving
official
all
duties
use
and
of
a
taxes_
Except as may be otherwise arranged, title to such vehicles,
equipment,
other
weapons,
goods
armaments,
provisions,
supplies
shall remain in the sending State,
which
remove
them from the receiving State at any time free
export
duties
and
related charges
and
restrictions,
and
may
from
or
otherwise disposed off, in accordance with arrangements made
between the two Governments_
ARTICLE 6
FIRST ENTRY PRIVILEGES CPRIV.ATE PURPQSKSl
(1)
The
personal
goods,
effects,
(other
than
furniture
motor
and
vehicles,
household
cigarettes,
cigars, tobacco and spirituous liquors) of a member
of
the
a Visiting Force may at the time of arrival
member
to take up service
in
the
receiving
State, be brought into the receiving State free
import
duty,
including sales
tax,
provided
furniture
and household goods remain in
ownership
and possession of that member,
of
the
the
use,
or
with
the permission of the appropriate authority of
receiving State_
4
of
the
(2)
Goods imported under paragraph (1) of this
shall
not
be disposed off
within
the
State
without prior permission of the
article
receiving
authorities
of that State; they may however, be freely exported
without payment of duty_
(3)
in
Nothing
this
concessions
time,
article
derogates
from
any
or entitlements granted, from time
in accordance with the law of the
to
receiving
State, to persons entering that State_
AR'J.'ICLE 7
EXCHANGE CONTROLS
(1)
Members of the Visiting Force, shall remain subject
to the foreign exchange regulations of the
sending
State
in
the
also
be
but
territory
as
regards transactions
of
the receiving State
done
shall
subject to the exchange control regulations of
the
receiving State_
(2)
Remittances from the receiving State to the sending
State
shall
be permitted without
restriction
in
respect of
(a)
funds
derived by members of a Visiting
Force
from services or employment in connection with
official duties;
(b)
funds derived by members of a Visiting
from
sources
subject
outside
the
Force,
receiving
to any laws, regulations or
State
policies
of the the sending State in that respect;
(c)
the proceeds of the sale of personal
effects,
furniture,
property
used
motor vehicles and other
by a member of a Visiting
5
Force,
which
are
disposed
termination
off
in
anticipation
of
of his services in the
the
receiving
State;
(d)
funds
belonging
organization
to
an
authorised
and derived from its
service
recognised
trading activities.
(3)
The
preceeding paragraphs shall not
preclude
the
transmission into or outside the receiving State of
foreign
exchange
instruments
representing
the
official funds of the Visiting Force.
ARTICLE 8
USE OF SERVICES AND FACILITIES
(1)
A
Visiting
services
members
ｆｯｲ｣･ｾｳ＠
and
facilities
may
owned,
use
the
public
controlled
regulated by the Government of the receiving
or
its
instrumentalities.
The
terms
or
State
of
use,
including charges, shall be no less favourable than
those
available
to
other
users
in
like
circumstances unless otherwise agreed.
(2)
The appropriate authorities of the receiving
may
require the payment of landing charges by
Government
use
State
of the sending State by reason
of
of its aircraft, or by civil charter
any airport in the receiving
State.
the
operated
on its behalf in connection with a Visiting
of
the
Force,
Aircraft
owned by or operated on behalf of the Government of
the
sending
regulations
State
shall
observe
laws
relating to air traffic control
and
while
in the receiving State.
(3)
The appropriate authorities of the receiving
may require the payment of toll charges,
State
including
light and harbour dues to be levied upon vessels of
6
the
Visiting
controlled
facilities
owned,
or regulated by the Government
receiving
vessels
Forc e using port
State
or its
of
the
instrumentalities_
shall be subjected to compulsory
Such
pilotage
at these ports _
(4)
Vessels,
vehicles
Force
shall
registration,
and aircraft
be
exempt
licensing,
from
of
the
Visiting
any
compulsory
form
of
testing
or
taxation- in respect of their use in the
State_
However,
State
shall
Visiting
the authorities
insure
Force
official
against
third
of
receiving
the
sending
vehicles
party
of
the
risks
in
accordance with the laws of the receiving State_
(5)
For the purposes of paragraphs (3) and (4) of
article,
charter
this
a vessel, vehicle or aircraft on hire
to
the Government or defence force
of
or
a
sending State shall, for the period that it is used
exclusively for the service of the Visiting
be
deemed to be a vessel, vehicle or
Force,
aircraft
of
that Visiting Force_
ARTICLE 9
DRIVING LICENSES AND VEHICLE NUMBER PLATES
(1)
The authorities of the receiving State shall accept
as
valid, without a driving test or fee, a driving
permit
or licence issued by the sending
a Visiting Force for
State
to
the
purpose
of
the
purpose
of
vehicles,
a
members
of
driving
official
driving
vehicles other than official
vehicles_
For
driving permit or licence issued by the authorities
of the receiving State shall be obtained_
(2)
Official
vehicles of a Visiting Force shall
distinctive number plates_
7
carry
(3)
Privately
owned vehicles of members of a
Visiting
Force, shall carry number plates to be acquired and
subject to the law of the receiving State_
ARTICLE 10
POSTAL AND COMMUNICATIONS ARRANGEMENTS
( 1)
A
Visiting
arrangements
and
may
Force
in
between the two
accordance
with
Governments
control
operate in the receiving State facilities
for
communicating with and reporting to the authorities
of the sending State.
(2)
A
Visiting
facilities
operate
Force
put
may,
at
at
its
installations
disposal,
and
establish
and
military post offices for the handling
official
official
correspondence,
documents,
of authorised
and
individuals
nonbetween
these and other post offices of the sending
Detailed
of
State_
arrangements for the interchange of
with or through the postal service of the receiving
State shall be as mutually arranged.
(3)
The
authorities of the receiving State
inspect
official
channels
in
the
of the sending State_
non-official
shall
military
postal
Any inspection
in such channels which
may
required by the regulations of the receiving
shall
be
conducted
by
the
not
authorities
of
be
State
of
the
receiving State in accordance with procedures to be
arranged
between
the appropriate
authorities
of
both States.
(4)
Telecommunication facilities operated in
pursuance
of paragraph (1) of this article shall not be
used
for the transmission of non-official communications_
Non-official communications shall be transmitted by
8
the
telecommunications
public
services
of
receiving
State a t the c harges applicable
nationals
of
t h e r ece iving State
for
to
the
the
equivalent
transmissi ons.
(5)
The provisions of the International
tion
Convention
Recommendations
and
of
associated
the
Telecommunica-
Regulations
with
that
and
Convention
shall be observed in relation to any telecommunication
facility operated in pursuance
of
paragraph
(1) of this article.
(6)
Arrangements made in pursuance of paragraph (1)
this
article for the operation
of
of
telecommunica-
tions facilities shall include arrangements for the
receiving
any
State to approve the proposed
telecommunications
receiving
power
State
cable to be
and the
proposed
of any wireless transmitter to
from the receiving State.
operated
except
proposals.
than
laid
in
reason
in
Where
of
Visiting
accordance
with
authorities
of
shall,
the
frequency
and
be
operated
at
approved
operates
otherwise
approved
the
proposals
equipment,
request
the receiving State,
of
suspend
operation of the facility until the malfunction
corrected.
9
be
with
the malfunction of the
Force
of
in
Facilities shall not
a facility
accordance
route
by
the
the
the
is
ARTICLE 11
UNIFORMS
Members
o f a Vi s iting For c e s h a l l wear the uniforms of
sending
State
in
p erfo rming
o fficial
duties
the
in
the
receiving State.
ARTICLE 12
CONFORMITY WITH LAWS
Consistent
with arrangements between Papua New
Guinea
and
Indo nesia, a Visiting Force shall conform to the
provisions
of
quarantine
the law
of the receiving
State,
including
law and industrial awards and determinations.
ARTICLE 13
CARRIAGE OF ARMS
(1)
Members of a Visiting
arms
Force may possess and carry
in the receiving State by
mutual
agreement
between the two States.
(2)
The
carrying
facilities
in
of
arms
outside
of
areas
use by the Visiting Force
made by appropriate arrangements
and
may
between
be
the two
States.
ARTICLE 14
AUTHORISED SERVICE ORGANISATIONS
The
Government of the receiving State may permit
necessary
Service
in
its
territory the
Organisations
as
deems
operation
of
authorised
of the s e nding State
in
accordance
with arrangments made between the appropriate authorities of
the two States .
10
ARTICLE 15
PERSONNEL SERVICES
(1)
The
authorities of the receiving State
may
upon
request from the authorities of the sending State,
make
provisions for the following facilities
services
in
respect of the Visiting
authorised service
and
Force,
and
organisations:
(a)
working accomodation;
(b)
residential accomodation;
(c)
food
services
in
defence
force
installations;
(d)
health
care
services
in
defence
force
installations.
( 2)
The
detailed
provision
of
including
arrangments
such
relating
facilities
and
to
the
services,
the requirements of the sending
State,
and the scales and standards of accomodation to be
provided,
shall
be
the
subject
of
mutually
acceptable arrangements made from time to time
by
the authorities of the two States.
(3)
The Government of the sending State shall pay
Government
incurred
of
in
mentioned
the
the receiving State
for
expenses
respect of facilities
and
services
in the preceeding paragraphs
at
rates as are agreed from time to time between
such
the
authorities of the two States.
ARTICLE 16
SECURITY
(1)
A
Visiting
such
ensure
land,
lawful
Force shall have the right
measures as it deems
the maintenance of order and
premises and places which it
the receiving State.
11
to
necessary
take
to
security
on
occupies
in
The
( 2)
be
receiving State shall take such steps as
necessary
ser,urity
from
time to time
of such premises and of
property ,
to
may
ensure
the
the
equipment,
records and official information
of
a
Visiting Force, and the ir property .
ARTICLE 17
FLYING OF FLAGS
Where
the
o ccupied
flag of the sending State is flown
by
a Visiting Force , the
State, shall be flown on
flag of
at
premises
the
receiving
a separate and adjacent flagstaff.
ARTICLE 18
CRIMINAL AND DISCIPLINARY JURISDICTION
(1)
Subject to the provisions of this Article
(a)
the Service authorities of the sending
shall
State
have the right to exercise within
the
territory of the receiving State all criminal
and
disciplinary jurisdiction
conferred
on
them by the law of the sending State over all
persons
subject to the Service law
of
the
sending State;
(b)
the authorities of the receiving State shall
have jurisdiction over members of a Visiting
Force,
with
within
the territory of the receiving
and
respect to
offences
punishable by the law of
committed
the
State
receiving
State.
( 2)
The Service auhtorities of the sending State shall
have the right to exercise exclusive jurisdiction
over persons subject to the Service law of the
sending State with respect to offences
by
the law of the sending State but
12
punishable
not
by
the
law of the receiving State.
(3)
The authorities of the receiving State shall
have
the right to exercise exclusive jurisdiction over
members of a Visiting Fo r ce , with respect to
offences punisha ble by the law of the receiving
State, but not by the law of the sending State.
(4)
In
cases
the
jurisdiction
where
is
the
right
concurrent the
to
exercise
following
rules
the Service authorities of the sending
State
shall apply :
(a)
shall
have
the primary
jurisdiction
over
right
persons
to
exercise
subject
Service law of the sending State in
to
the
relation
to:
i)
offences
solely against the property
or
security of the sending State;
ii)
offences
solely
property
of
person
against the
a
member
of
a
or
Visiting
Force, of any of the foregoing; or
iii) offences
arising
omission
done
in
out
the
of
any
act
or
performance
of
official duty;
(b)
in
the
c ase
of
any
authorities
of
have
primary
the
other
offence
the receiving
right
State
to
the
shall
e x ercise
jurisdiction;
(c)
for
the purposes of sub-paragraph (a)
(iii)
of this paragraph
(i) a certificate issued by the designated
authorities of the sending State that the
offence
arose out of an act or
omission
done in the performance of official duty,
13
shall, in any proceedings before a
court
or
tribunal , be sufficient evidence of
the
facts
so
certified,
unless
the
contrary is proved;
(ii)
when
the
authorities of
the
receiving
State consider that the circumstances
a
particular case so warrant,
request
that
consultations
they
take
of
may
place
between the diplomatic authorities of the
sending State in the receiving State
and
the authorities of the receiving State;
(d)
if
the
State having
the
primary
right
under this article decides not to exercise
jurisdiction,
it
shall
notify
the
authorities of the other State as soon
practicable. The authorities of the
having
primary
sympathetic
from
for
jurisdiction
consideration
the authorities of the
State
shall
to
a
as
give
request
other
State
waiver of jurisdiction. Regard
shall
be given for the responsibilities of
the
authorities
of the sending State for
the
good
and
order
discipline
of
persons
subject to the Service law of the
sending
State;
(e)
for the purposes of sub-paragraph (a)
of
the
(i)
this paragraph an offence relating
security of the sending
State
to
shall
include:
(i)
treason against the State; and
(ii)
sabotage, espionage or violation
of
any law relating to official secrets
of
that State, or secrets
14
relating
to
the
national
defence
of
that
State_
(5)
The designated Service autho rities of the
sending
State
and the authorities of the receiving
shall
assist each other in the arrest of
(s)
of a Visiting Force, in the
and,
subject
this
authority
member
receiving
to paragraphs (7), (8) and
article,
in
which
handing
them
is to exercise
State
State
(9)
over
of
to
the
jurisdiction
in
accordance with the above provisions_
(6)
The designated auhtorities of the receiving
shall
notify
promptly
authorities of
the
designated
State
Service
the sending State of the arrest of
any member of a Visiting Force.
(7)
Where the auhtorities of the receiving State
arrested
a person subject to the Service
have
law
of
the sending State with respect to an offence
over
which
have
the
receiving
concurrent
jurisdiction
receiving
of
that
sending
States
the authorities
of
State shall release him to the
the Service
pending
and
custody
authorities of the sending
completion of trial proceedings
he shall, on request, be made
the
State
provided
available
to
the authorities of the receiving State.
(8)
In
all other cases where the authorities
receiving
Visiting
State
have
arrested
a
member
Force, the authorities of the
he
sending
by the authorities of the
be released to the
State
proceedings
pending
authorities
provided that he shall, on
15
a
receiving
to
sending
completion
the
of
shall give sympathetic consideration
request
that
State
of
of
a
State
of
the
trial
request,
be
made
ava ilable
to
the
a uthorities
of
the
The
Service authorities of the sending State
and
the
authorities of the receiving State
receiving State_
(9)
all
shall
in
rise
to
jurisdiction assist each other in
the
cases
concurrent
including
those
giving
carrying out of all necessary investigations
into
offences, and in the collection and production
of
evidence
in
including
the
seizure
of
and,
appropriate cases, the handing over of objects
in
connection
over
of
subject
to
such
with an offence_ The handing
objects
may, however, be
made
their return within any reasonable time
specified
by the authority delivering them.
(10)
Under this article the Service authorities of
the
sending State and the authorities of the receiving
State
shall notify each other of the disposal
of
all cases in which there are concurrent rights
to
exe rcise jurisdiction.
(11)
The
receiving
execution
State
shall
not
carry
out
the
of a death sentence on a member of
the
Visiting Force.
(12)
Where an accused has been tried in accordance with
the
provisions
of this article
the
sending
by
State
the
authorities
of
by
the
authorities
of the receiving State, and has
been
convicted
include
may
or
or
Service
acquitted (which expressions
shall
any other final disposal of a charge)
not
be
tried
again
for
the
substantially the same offence by the
same
he
or
authorities
o f either State .
(13)
In additi o n
entered
to the provision
into
between
16
Papua
of
New
any
agreement
Guinea
and
Indonesia concerning the return of prisoners
one
country
Visiting
of
to the other , where
from
a member
of
Force, has been sentenced under the
the receiving State t o a term of
law
imprisonment
and he makes a request, which is supported by
authorities
shall
of
the sending
a
State,
his
the
request
be given symphathetic consideration by
the
authorities of the receiving State.
(14)
Whenever
a
member
of
a
Visiting
Force
is
prosecuted under the jurisdiction of the receiving
State he shall be entitled:
(a) to a prompt and speedy trial;
(b) to be informed, in advance of trial,
of
the
specific charge or charges to be made against
him;
(c) to be
confronted with the
witnesses
against
him;
(d) to
have
compulsory
witnesses
process
for
in his favour, if they
obtaining
are
within
the jurisdiction of the receiving State;
(e) to have legal representation of his own choice
for
his defence or to
legal
representation
prevailing
the
have free or
under
the
assisted
conditions
for the time being in the part
receiving
State in which he
is
of
being
prosecuted;
(f) if
he
considers it necessary,
to
have
the
services of a competent interpreter; and
(g) to
communicate
sending
State
with a represenative
and, where the
rules
of
the
of
the
court permit, to have such a representative at
his trial.
17
ARTICLE 19
JURISDICTION OF RESPECTIVE COURTS
(1)
Members of a Visiting Force shall be subjected
the criminal and civil jurisdiction of all
to
courts
in the receiving State_
( 2)
In the case of Papua New Guinea, the
referred
to in the preceding
jurisdiction
paragraph
includes
the jurisdiction of Village Courts_
(3)
In
the
case
referred
to
of
in
Indonesia,
paragraph
the
(1)
jurisdiction
includes
the
jurisdiction of Mahkamah Militer (Military
Court)
for
Negeri
military
personnel,
and
Pengadilan
(District Court) for the civilian component of the
Visiting
Force_
offence
In a case of
a
joint
alleged
by members of the Visiting Force and
civilian
component,
jurisdiction
its
of
Pengadilan
Negeri/Pengadilan Koneksitas (Court of
Connexite)
shall prevail_
(4)
To the extent that they are not inconsistent
the
this
Agreement,
the rules and procedures applicable to
paragraphs
2
provisions of Article 18 of
with
and
3
of this article
are
as
contained
in
Annexes 1 and 2 of this Agreement_
(5)
The Annexes ref erred to in the preceding paragraph
shall
have force and effect as integral parts
of
this Agreement_
(6)
In
the case of Papua New Guinea, where
a
matter
before a Village Court could be concurrently dealt
with by a higher court, the authorities of the
sending
referred
State
may
request that
by the Village Court to a
the
matter
higher
having jurisdiction over the same matter_
18
be
Court
( 7)
In the case of
where a matter before
ｉｮ､ｯ･ｳｩ｡ｾ＠
Court could be concurrently dealt with by
Court,
the authorities of the sending
request
that
presiding
the
matter
be
Court to the appropriate
another
State
referred
a
may
by
Court
the
having
jurisdiction over the same matter_
ARTICLE 20
CLAIMS
(1)
Each
Government waives all its claims against
the
other
(a)
for damage (including loss of use) to property
in the receiving State belonging to, hired
chartered by either of them and used by
or
their
defence forces if such damage :
i)
was
member
or
defence
arose
by an act or omission
caused
a civilian component
force
out
of the
other
of
a
of
the
State
and
of and in the course
of
the
performance of his official duty; or
ii)
arose
from the use of vehicles,
aircraft
or
chartered
being
by
used
vessels
belonging
to,
hired
or
the other
Government
and
performance
of
for
the
official duties in the receiving State.
(b)
for maritime salvage where the vessel or cargo
salvaged
used
by
was owned by a Government and
its
defence
force
for
being
official
purposes;
(c)
for damages for injury or death suffered by
member of its defence force while such
19
a
member
was engaged in the performance of his official
duties_
(2)
The
two
Governments
settlement
arising
of
shall
claims
consult
by one
against
on
the
the
other
from damage caused in the ways set out
sub-paragraph
(1)
(a) of this
article
to
in
other
property belonging to, hired or chartered by either
Government
thereof
and located in
the
receiving
State_
(3)
Claims arising out of acts or omissions of a member
of
a
Visiting Force, the
nationals
civilian
component
of the receiving State employed
by
Visiting Force done in the performance of
duty
or
out
occurrence
of
any
other
acts,
or
the
official
omission
for which the sending State is
or
legally
responsible, and causing damage in the territory of
the receiving state to third parties, other than to
either
the
with
of the two Governments, shall, except
two
Governments otherwise arrange,
when
be
by the Government of the receiving
dealt
State
in
accordance with the following provisions
(a)
claims shall be filed, considered and
settled
or adjudicated in accordance with the laws
the
receiving
arising
State with respect
from
the activities of
to
of
claims
the
Defence
Force of the receiving State;
(b)
the
Government
of the
receiving
State
settle such claims, and payment of the
agreed
shall
upon
be
or
made
determined
by
the
by
may
amount
adjudication
Government
of
the
receiving State;
(c)
such
payment,
whether
made
pursuant
to
a
settlement or to adjuducation of the case by a
20
competent authority of the receiving State
the
final adjudi c a t i o n by such
denying
payment ,
shall
be
an
or
authority
binding
and
conclusive discharge of the claims;
(d)
every
claim
receiving
appropriate
paid by the
Government
of
the
State shall be communicated to
the
authorities of the sending
together with full particulars and a
distribution in accordance with
(3)
(e)
reply
of this article.
within
two
In
months
State
proposed
sub-paragraph
default
the
of
a
proposed
distribution shall be regarded as accepted;
(e)
the
cost
pursuant
this
incurred
in
satisfying
to the preceding
paragraph shall be
claims
sub-paragraphs
distributed
of
between
the two Governments as follows :
i)
where the Government of the sending State
alone is responsible for the damage,
amount awarded or adjudged and the
the
costs
associated with the settling of the claim
shall be distributed in the proportion of
25 per cent chargeable to the
of
the receiving State and 75
chargeable
to
the
Government
per
cent
of
the
Government
sending State;
ii)
where the two Governments are responsible
for
the damage or it is not possible
attribute
responsibility for the
specifically
amount
shall
damage
to either Government,
be
distributed
to
such
equally
between them.
(4)
Every three months a statement of the sums paid
by
each Government shall be sent to the authorities of
21
the
other Government together with a
request
for
shall
not
reimbursement.
(5)
Paragraphs
(3) and (6) of this article
apply to :
(a)
claims
arising
vehicles
of
covered
by
accordance
out of the
the
sending
use
of
State
official
which
insurance policies taken
with
the
law
of
the
are
out
in
receiving
State; and
(b)
(6)
contractual claims.
A certificate issued by the designated
of
any
authorities
the sending State that the claim arose
act
or omission done in
the
out
of
performance
of
official duty shall be conclusive of that fact .
(7)
The
authorities
procurement
of
of
the two
Governments
evidence for a
fair
in
the
hearing
and
disposal of claims under this article.
(8)
In the case of any private moveable property
which
is subject to compulsory execution under the law of
the receiving State and which is within an area
use
by the Visiting Force, the authorities of
sending
State
appropriate
shall,
upon
request
in
the
assist
the
authorities of the receiving State
to
take possession of such property.
(9)
The sending State shall not claim immunity from the
jurisdiction
of the courts of the receiving
for members of a Visiting Force, in respect of
State
the
civil jurisdiction of the courts of the receiving
State.
22
ARTICLE 21
TAXATION
The
taxation provisions to apply to members of
Force
shall
be
as
arranged by
the
two
a
Visiting
Governments
in
accordance with their respective laws.
ARTICLE 22
WCAL PURCHASE
Subject
to
any wishes expressed by the Government
of
the
receiving State, the Government of the sending State and its
contractors
and
authorised
service
organizations
shall
locally produced goods and commodities which
purchase
require
they
for the official use of Visiting Force if they
available
at
a
suitable
price
and
are
of
a
are
standard
required.
ARTICLE 23
SETI'I.EHENT OF DISPUTES AND CONSULTATIONS
(1)
Any
matter
respect
to
arising
its
under
this
interpretation,
Agreement
with
application
or
implementation shall be settled by consultation
or
negotiation between the two Governments.
(2)
Either Government may request for consultations
at
any time on any matters relating to this Agreement.
ARTICLE 24
ENTRY INTO FQRCE, AMENDMENT AND TERMINATION
(1)
This
Agreement shall enter into force
parties
respective
have
notified
after
both
each
other
that
constitutional and
legal
requirements
for entry into force have been fulfilled .
23
their
(2)
This Agreement may be reviewed or amended by mutual
agreement between the two States.
(3)
Subject
to paragraph (4) of this
Article,
one of the Governments may terminate the
either
Agreement
by notice in writing_
(4)
After
the
(180)
days
expiration of one
from
the date
hundred
of
such
and
eighty
notice,
the
Agreement ceases to be in force.
IN
WITNESS WHEREOF the undersigned, being
thereto
duly
by their respective Governments, have
authorised
signed
this
Ageement.
DONE in duplicate at
Ｑｾ＠
this
day of ｾＧ＠
One Thousand
Ninety Two in English language_
ｾ［ＯＭｉｶ
Nine
Hundred
FOR THE GOVERNMENT OF
FOR THE GOVERNMENT OF
THE REPUBLIC OF
THE INDEPENDENT STATE
INDONES-!1\
OF PAPUA NEW GUINEA
Signed
Signed
24
and
ANNEX
1
TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC
OF INDONESIA AND THE GOVERNMENT OF THE INDEPENDENT STATE OF
PAPUA NEW GUINEA ON THE STATUS OF FORCES OF EACH STATE IN
THE TERRITORY OF THE OTHER STATE.
RULES AND PROCEDURES
RELATING TO
VII.I.AGE COURTS OF PAPUA NEW GUINEA.
THE
Whenever a member of the Visiting Force
component is a party to any proceedings
Court, the following shall apply
a)
JURISDICTION
OF
or its Civilian
before a Village
Where he has been arrested :
(1) the authorities of Papua New Guinea shall forthwith
notify
the Indonesian Defence Attache in
the
receiving State;
(2) the authorities of Papua New Guinea shall as soon as
practicable release or transfer him to the custody
of the Indonesian authorities as the circumstances
require; and
(3) the Indonesian Service authorities shall ensure
that he attends in person on the date and the time
and place appointed for the hearing by the Village
Court.
b)
If he has not been arrested, the authorities of Papua
New Guinea shall forthwith advise the Indonesian Defence
Attache of the details of the alleged offence or dispute
and the date, time and place of the hearing of the
Village Court.
c)
If the Village Court in the exercise of its criminal
jurisdiction makes an order for the payment of goods or
performance of work, it may also specify a fine which
may, in the alternative, be paid.
d)
If the Village Court in the exercise of its civil
jurisdiction, orders the performance of work, it shall
also specify the amount of money which may,
in the
alternative, be paid as compensation or damages.
e)
If the proceedings relate to a matter referred
Section 45 of the Village Courts Act :
to
in
(1) the Village Court before making an award, shall
consult with the District Supervising Magistrate and
IndonesiaJs Service authorities; and
1
II
!
(2) any award so made may be varied on appeal or review
under Section 92 of the Village Courts Act,
if in
the opinion of the Magistrate hearing the appeal or
conducting the review, the award is either grossly
e xc essive or grossly inadequate.
f)
He shall be entitled to have, without
assistance of a suitable interpreter.
g)
He shall be entitled to be represented by a member of
the Visiting Force or a representative of the Government
of Indonesia who is not a legal practitioner .
•
2
payment,
the
r
I
I
ANNEX
2
TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE
REPUBLIC
OF INOONESIA AND THE GOVERNMENT OF THE INDEPENDENT STATE OF
PAPUA NEW GUINEA ON THE STATUS OF FORCES OF EACH STATE IN
THE TERRITORY OF THE OTHER STATE.
RULES AND PROCEDURES RELATING
INDONESIAN APPRQPRIATE COURT.
TO
THE
JURISDICTION
OF
Whenever a member of the Visiting Force or its civilian
component is a party to any proceedings before an Indonesian
appropriate Court the following shall apply :
a)
where he has been arrested :
(1) the authorities of Indonesia shall forthwith notify
the
Papua New Guinea Defence Attache in
the
receiving State;
(2) the authorities of Indonesia shall as
practicable release or transfer him to the
of
the Papua New Guinea authorities
circumstances require; and
••
·.•
soon as
custody
as
the
(3) the Papua New Guinea Service authorities shall
ensure that he attends in person on the date and at
the time and place appointed for the hearing by the
Indonesian appropriate Court .
If he has not been arrested,
the authorities
of
Indonesia shall forthwith advise the Papua New Guinea
Defence Attache of the details of the allleged offence
or dispute and the date, time and place of the hearing
of the Indonesian appropriate Court.
c)
He shall be entitled to have, without
assistance of a suitable interpreter.
d)
He shall be entitled to be represented by a member of
the Defence Force, a representative of the Government of
Papua New Guinea or a legal practitioner.
3
payment,
the