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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE REPUBLIC OF INDONESIA
AND THE UNITED STATES OF AMERICA
CONCERNING
COOPERATION IN TRADE IN
TEXTILE AND APPAREL GOODS
WITH RESPECT TO the Government of The Republic of Indonesia and the
Government of the United States of America, hereinafter referred to individually as a
'·Party" and collectively as the "Parties";
WHEREAS the Parties acknowledge and respect their respective laws, regulations, and
procedures affecting trade in textile and apparel goods; and
WHEREAS the Parties share the mutual objective of eliminating violations of their
respective laws, regulations, and procedures affecting trade in textile and apparel
goods, and in particular of elim inating violations that disrupt legal trade in textile and
apparel goods;
THEREFORE, the Parties agree that:
1.
The competent authorities of the Parties shal l cooperate for the purpose of:
(a)
enforcing or assisting in the enforcement of their respective laws,
regulations, and procedures affecting trade in texti le and apparel goods;
(b)
ensuring the accuracy of claims of origin (including preference claims)
for textile and apparel goods;
(c)
preventing circumvention of laws; regulations; and procedures of either
Party or international agreements affecting trade in textile and apparel
goods; and
(d)
deterring illegal transshipment, re-routing, false declaration concerning
country of origin or place of origin, and falsification of official
documents.
2.
Upon the request of the importing Party, and based on evidence provided by
that Party, the competent authority of the exporting Party shall promptly conduct an
examination, including a verification visit, of exports of textile and apparel goods on a
targeted basis in order to ensure the effective enforcement of the relevant laws,
regulations, and procedures of both Parties. The exporting Party shall, within 30
business days of the completion of the examination, provide to the importing Party the
results of any such examination that leads to the discovery of activity that the exporting
Party suspects violates relevant laws, regulations, or procedures, including all evidence
and information available to it regarding the suspected violation. Such infonnation
shall, upon the request of the impo1ting Party, be in writing and in a form admissible in
judicial or administrative proceed ings of the importing Party.
3.
The importing Party shall preserve the confidentiality of information received
pursuant to paragraph 2, in accordance with its laws, regulations, and procedures.
4.
The exporting Party shall ensure that the exporter provides the name and
address of the actual manufacturer on each commercial invoice.
2
5.
Upon the request of either Party, and when that Party deems necessary and
appropriate, responsible officials or experts of the competent authorities of the Parties
shall meet under mutually convenient circumstances to exchange information on the
enforcement of their respective laws, regulations, and procedures affecting trade in
textile and apparel goods, and to examine and report on compliance with such laws,
regulations, and procedures by their respective companies, enterprises, or units.
6.
Subject to subparagraphs (a)-(d), the competent authority of the exporting Party
shall allow the competent authority of the importing Party to join a further examination
or verification, including by participating, along with the competent authority of the
exporting Party, in visits in the territory of the exporting Party to the premises of an
enterprise for the purpose of determining whether its plants and faci lities are engaged in
production or practices that would contribute to the circumvention of laws, regulations,
or procedures of either Party or international agreements affecting trade in textile and
apparel goods.
(a)
A Party intending to conduct a visit under this paragraph shall
provide written notice no later than 15 business days in advance ofthe
intended visit to the responsible officials of the other Party, identifying
the number of plants and facilities to be visited, the intended dates of the
visit, and the reason for the visit.
(b)
Neither Party may notify plants and facilities to be visited under
this paragraph in advance. At the time of the visit, the responsible
officials of the exporting Party shall obtain permission from the
responsible person at the plant or fac ility. If permission is denied, the
visit shall not be conducted.
3
f-
(c)
If permission to conduct the visit is denied, either Party may take
appropriate action.
(d)
If permission to conduct the visit is granted, the responsible
officials of the importing Party shall join the responsible officials of the
exporting Party to determine whether the plant or facility subject to the
visit is engaged in production or practices that have contributed to the
circumvention of laws, regulations, or procedures of either Party or
international agreements affecting trade in textile and appare l goods.
7.
Upon the request of the importing Party, the exporting Party shall provide
documents in support of a claim of origin for textile or apparel goods. Such request
may concern the finished goods, or its raw materials or components. Such documents
may include, but are not limited to, certificates of origin, original copies ofbills of
lading, contracts, invoices, and other business documents.
8.
The Parties shall continue to develop ways to strengthen the effective control of
trade in textile and apparel goods by working to enhance their respective processes and
procedures through the exchange of information and data; the verification of
documents, such as certificates of origin, invoices, and origina l copies of bills of lading;
and the sharing of enforcement techniques.
9.
The Parties shall consult at regular intervals regarding the effective
implementation of this Memorandum of Understanding.
4
I 0.
Either Party may request, in writing, the revision or amendment of any or all
parts of this Memorandum of Understanding. Any revision or amendment that has
been agreed to by the Parties shall come into effect on such date as the Parties agree.
II .
This Memorandum of Understanding shall enter into force on the date of its
signing. Either Party may terminate this Memorandum of Understanding by notifying
the other Party in writing of its intention to terminate at least 30 (thirty) days in
advance. Termination ofthis Memorandum of Understanding shall not affect the
validity and duration of any activities being carried out under the terms of this
Memorandum ofUnderstanding until completion of such activities.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Memorandum of Understanding.
DONE at Washington on this 26th day of September, 2006 in two original versions in
the English Language, both texts being equally authentic.
For the Government of
The Republic of Indonesia
For the Government of
the United States of America
Signed
Signed
Mari E. Pangestu
Minister folq'rade
Susan C. Schwab
U.S. Trade Representative
5
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE REPUBLIC OF INDONESIA
AND THE UNITED STATES OF AMERICA
CONCERNING
COOPERATION IN TRADE IN
TEXTILE AND APPAREL GOODS
WITH RESPECT TO the Government of The Republic of Indonesia and the
Government of the United States of America, hereinafter referred to individually as a
'·Party" and collectively as the "Parties";
WHEREAS the Parties acknowledge and respect their respective laws, regulations, and
procedures affecting trade in textile and apparel goods; and
WHEREAS the Parties share the mutual objective of eliminating violations of their
respective laws, regulations, and procedures affecting trade in textile and apparel
goods, and in particular of elim inating violations that disrupt legal trade in textile and
apparel goods;
THEREFORE, the Parties agree that:
1.
The competent authorities of the Parties shal l cooperate for the purpose of:
(a)
enforcing or assisting in the enforcement of their respective laws,
regulations, and procedures affecting trade in texti le and apparel goods;
(b)
ensuring the accuracy of claims of origin (including preference claims)
for textile and apparel goods;
(c)
preventing circumvention of laws; regulations; and procedures of either
Party or international agreements affecting trade in textile and apparel
goods; and
(d)
deterring illegal transshipment, re-routing, false declaration concerning
country of origin or place of origin, and falsification of official
documents.
2.
Upon the request of the importing Party, and based on evidence provided by
that Party, the competent authority of the exporting Party shall promptly conduct an
examination, including a verification visit, of exports of textile and apparel goods on a
targeted basis in order to ensure the effective enforcement of the relevant laws,
regulations, and procedures of both Parties. The exporting Party shall, within 30
business days of the completion of the examination, provide to the importing Party the
results of any such examination that leads to the discovery of activity that the exporting
Party suspects violates relevant laws, regulations, or procedures, including all evidence
and information available to it regarding the suspected violation. Such infonnation
shall, upon the request of the impo1ting Party, be in writing and in a form admissible in
judicial or administrative proceed ings of the importing Party.
3.
The importing Party shall preserve the confidentiality of information received
pursuant to paragraph 2, in accordance with its laws, regulations, and procedures.
4.
The exporting Party shall ensure that the exporter provides the name and
address of the actual manufacturer on each commercial invoice.
2
5.
Upon the request of either Party, and when that Party deems necessary and
appropriate, responsible officials or experts of the competent authorities of the Parties
shall meet under mutually convenient circumstances to exchange information on the
enforcement of their respective laws, regulations, and procedures affecting trade in
textile and apparel goods, and to examine and report on compliance with such laws,
regulations, and procedures by their respective companies, enterprises, or units.
6.
Subject to subparagraphs (a)-(d), the competent authority of the exporting Party
shall allow the competent authority of the importing Party to join a further examination
or verification, including by participating, along with the competent authority of the
exporting Party, in visits in the territory of the exporting Party to the premises of an
enterprise for the purpose of determining whether its plants and faci lities are engaged in
production or practices that would contribute to the circumvention of laws, regulations,
or procedures of either Party or international agreements affecting trade in textile and
apparel goods.
(a)
A Party intending to conduct a visit under this paragraph shall
provide written notice no later than 15 business days in advance ofthe
intended visit to the responsible officials of the other Party, identifying
the number of plants and facilities to be visited, the intended dates of the
visit, and the reason for the visit.
(b)
Neither Party may notify plants and facilities to be visited under
this paragraph in advance. At the time of the visit, the responsible
officials of the exporting Party shall obtain permission from the
responsible person at the plant or fac ility. If permission is denied, the
visit shall not be conducted.
3
f-
(c)
If permission to conduct the visit is denied, either Party may take
appropriate action.
(d)
If permission to conduct the visit is granted, the responsible
officials of the importing Party shall join the responsible officials of the
exporting Party to determine whether the plant or facility subject to the
visit is engaged in production or practices that have contributed to the
circumvention of laws, regulations, or procedures of either Party or
international agreements affecting trade in textile and appare l goods.
7.
Upon the request of the importing Party, the exporting Party shall provide
documents in support of a claim of origin for textile or apparel goods. Such request
may concern the finished goods, or its raw materials or components. Such documents
may include, but are not limited to, certificates of origin, original copies ofbills of
lading, contracts, invoices, and other business documents.
8.
The Parties shall continue to develop ways to strengthen the effective control of
trade in textile and apparel goods by working to enhance their respective processes and
procedures through the exchange of information and data; the verification of
documents, such as certificates of origin, invoices, and origina l copies of bills of lading;
and the sharing of enforcement techniques.
9.
The Parties shall consult at regular intervals regarding the effective
implementation of this Memorandum of Understanding.
4
I 0.
Either Party may request, in writing, the revision or amendment of any or all
parts of this Memorandum of Understanding. Any revision or amendment that has
been agreed to by the Parties shall come into effect on such date as the Parties agree.
II .
This Memorandum of Understanding shall enter into force on the date of its
signing. Either Party may terminate this Memorandum of Understanding by notifying
the other Party in writing of its intention to terminate at least 30 (thirty) days in
advance. Termination ofthis Memorandum of Understanding shall not affect the
validity and duration of any activities being carried out under the terms of this
Memorandum ofUnderstanding until completion of such activities.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Memorandum of Understanding.
DONE at Washington on this 26th day of September, 2006 in two original versions in
the English Language, both texts being equally authentic.
For the Government of
The Republic of Indonesia
For the Government of
the United States of America
Signed
Signed
Mari E. Pangestu
Minister folq'rade
Susan C. Schwab
U.S. Trade Representative
5