Selanjutnya
The agreement on the payment of the L/COM Charge
With reference to the Commitment Procedure (III) of the
General Agreement No.1984 dated October 11, 1984 between THE
OVERSEAS ECONOMIC COOPERATION FUND (hereinafter referred to as
"the Fund") and the Republic of Indonesia (hereinafter referred
to as "the Borrower" and such Agreement hereinafter referred to
as "the General Agreement"), the Fund and the Borrower hereby
agree as follows;
1. The Issuing Bank, Bank Indonesia, Jakarta, Indonesia,
designated by the Borrower as the Issuing Bank, as the applicant
for the issuance of the Letter of Commitment (as defined in the
General Agreement and the Banking Arrangement), shall pay to the
Fund in Japanese Yen an amount equal to one-tenth percent (0.1%)
of the amount of the Letter of Commitment as the issuing charge
thereof (hereinafter referred to as "the L/COM Charge") on the
issuing date of the relevant Letter of Commitment under the relevant Loan Agreement under the General Agreement.
2. An amount equal to such L/COM Charge shall be financed out of
the proceeds of the Loan under the relevant Loan Agreement under
the General Agreement on the date of the issuance of the Letter
of Commitment, and the Fund shall immediately pay to itself such
amount of the proceeds of the Loan as the L/COM Charge from the
Issuing Bank, which payment shall automatically relieve the
Issuing Bank from its obligations under paragraph 1 above.
3. A disbursement of the proceeds of the Loan made in accordance
with paragraph 2 above shall constitute a valid and binding obligation upon the Borrower under the terms and conditions of the
relevant Loan Agreement under the General Agreement. The
Borrower shall not debit to the account of the Issuing Bank
equivalent amount of such disbursement of the proceeds of the
Loan.
4. The fourth sentence of Section 1 of COMMITMENT PROCEDURE
(III) as attached to the General Agreement (and also hereto)
shall be deleted and the following is substituted therefor:
Such assurance, whenever provided, takes the form of a
letter of commitment from the Fund to the designated foreign
exchange bank in the territories of the Borrower (such
assurance hereinafter referred to as "the Letter of
Commitment" and such bank hereinafter referred to as "the
Issuing Bank") whereby the Fund undertakes to disburse, on
certain conditions, the amount to be paid by the Paying Bank
under and in accordance with the specified irrevocable letter
of credit (hereinafter referred to as "the L/C").
5. Section 2 (1) of COMMITMENT PROCEDURE (III) shall entirely
be deleted and the following is substituted therefor:
2.
(1) Upon receipt by the Borrower of the Notice as mentioned in Section 3.02. of the General Terms and Conditions
of the Loan Agreement, the Borrower or the Purchaser shall
request the Issuing Bank to issue the L/C.
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6. Section 2 (2) of COMMITMENT PROCEDURE (III) shall entirely be
deleted and the following is substituted therefor:
(2) The Issuing Bank shall issue the L/C, on behalf of and
under authorization of the Borrower, in favour of the
Supplier through the Paying Bank substantially in accordance
with the attached Form OECF-LCl for the goods and Form OECFLC2 for the services respectively.
The Issuing Bank shall send such L/C to the Paying Bank
together with an application for issuance of the Letter of
Commitment in accordance with the attached form OECF-ALCOM
(hereinafter referred to as "the Application for L/COM") in
order to request the Fund to issue the Letter of Commitment
through the Paying Bank. The Paying Bank shall advise the
Supplier of the issuance of the L/C.
7. Section 2 (3) of COMMITMENT PROCEDURE (III) shall entirely be
deleted and the following is substituted therefor:
(3) When the Fund, after obtaining a copy of the L/C and the
Application for L/COM from the Paying Bank, finds them in
order and in conformity with the provisions of the Loan
Agreement and the terms of the Contract, the Fund, upon
receipt of the issuing charge of the Letter of Commitment
from the Issuing Bank, shall issue to the Issuing Bank the
Letter of Commitment in accordance with the attached Form
OECF-LOC.
8.
Form OECF-LOC of COMMITMENT PROCEDURE (III) shall be changed
as follows:
(1) The addressee shall be the Issuing Bank.
(2) The first sentence shall read as:
"We hereby irrevocably undertake to reimburse you for a
sum or sums not exceeding ¥
against the
Request for Disbursement which shall be submitted by the
Paying Bank on behalf of you, and be accompanied by a
copy of the draft(s) drawn by the beneficiary, on condition that the date of reimbursement shall be notified
us in writing at least two (2) business days in advance."
9. The validity, interpretation and performance of this
agreement shall be governed by the laws and regulations of Japan.
10. This agreement shall come into effect on the date of signing.
IN WITNESS WHEREOF, the parties have executed this agreement
in duplicate by duly authorized representatives on October 11,
1984.
For
THE OVERSEAS ECONOMIC
COOPERATION FUND
Signed
ｔ｡ｾｳｬＧｩ＠
l'i"osomi
President
For
The Republic of Indonesia
Signed
Wiyogo Atmeearm1nto
-rollbassador Extraordinary and
Plenipotentiary of the
Republic of Indonesia to Japan
Form: OECF-ALCOM
Application for Issuance of Letter of Commitment
Date:
Ref. No. :
To: THE OVERSEAS ECONOMIC COOPERATION FUND
Tokyo, Japan
(through the Paying Bank)
Attention: Director, Loan Department I
Re
Our Letter of Credit No.
for ¥
in favour of
dated
Gentlemen:
(1) Pursuant to the Loan Agreement No.
dated
between
THE OVERSEAS ECONOMIC COOPERATION FUND (hereinafter referred to as
"the FUND") and
(hereinafter referred to as "the
Borrower" and such agreement hereinafter referred to as ''the Loan
Agreement"), and the Agreement on the payment of the L/COM Charge
dated October 11, 1984 between the Fund and the Borrower, and the
Banking Arrangement dated
between
(hereinafter referred to as "the Paying Bank'') and the Borrower or
its designated authority, the undersigned hereby requests you to
issue a Letter of Commitment in favour of us.
(2) The undersigned agrees to pay to the Fund an amount equal to
one-tenth percent (0.1%) of the amount of the Letter of
Commitment as the issuing charge of the Letter of Commitment
as stipulated in the Agreement on the payment of the L/COM
Charge.
Yours truly,
name of the Issuing Bank
THE OVERSEAS ECONOMIC
COOPERATION FUND
TAKEBASHI GODO BU I L DI NG
4 ·1. OHTEMAC HI 1-
With reference to the Commitment Procedure (III) of the
General Agreement No.1984 dated October 11, 1984 between THE
OVERSEAS ECONOMIC COOPERATION FUND (hereinafter referred to as
"the Fund") and the Republic of Indonesia (hereinafter referred
to as "the Borrower" and such Agreement hereinafter referred to
as "the General Agreement"), the Fund and the Borrower hereby
agree as follows;
1. The Issuing Bank, Bank Indonesia, Jakarta, Indonesia,
designated by the Borrower as the Issuing Bank, as the applicant
for the issuance of the Letter of Commitment (as defined in the
General Agreement and the Banking Arrangement), shall pay to the
Fund in Japanese Yen an amount equal to one-tenth percent (0.1%)
of the amount of the Letter of Commitment as the issuing charge
thereof (hereinafter referred to as "the L/COM Charge") on the
issuing date of the relevant Letter of Commitment under the relevant Loan Agreement under the General Agreement.
2. An amount equal to such L/COM Charge shall be financed out of
the proceeds of the Loan under the relevant Loan Agreement under
the General Agreement on the date of the issuance of the Letter
of Commitment, and the Fund shall immediately pay to itself such
amount of the proceeds of the Loan as the L/COM Charge from the
Issuing Bank, which payment shall automatically relieve the
Issuing Bank from its obligations under paragraph 1 above.
3. A disbursement of the proceeds of the Loan made in accordance
with paragraph 2 above shall constitute a valid and binding obligation upon the Borrower under the terms and conditions of the
relevant Loan Agreement under the General Agreement. The
Borrower shall not debit to the account of the Issuing Bank
equivalent amount of such disbursement of the proceeds of the
Loan.
4. The fourth sentence of Section 1 of COMMITMENT PROCEDURE
(III) as attached to the General Agreement (and also hereto)
shall be deleted and the following is substituted therefor:
Such assurance, whenever provided, takes the form of a
letter of commitment from the Fund to the designated foreign
exchange bank in the territories of the Borrower (such
assurance hereinafter referred to as "the Letter of
Commitment" and such bank hereinafter referred to as "the
Issuing Bank") whereby the Fund undertakes to disburse, on
certain conditions, the amount to be paid by the Paying Bank
under and in accordance with the specified irrevocable letter
of credit (hereinafter referred to as "the L/C").
5. Section 2 (1) of COMMITMENT PROCEDURE (III) shall entirely
be deleted and the following is substituted therefor:
2.
(1) Upon receipt by the Borrower of the Notice as mentioned in Section 3.02. of the General Terms and Conditions
of the Loan Agreement, the Borrower or the Purchaser shall
request the Issuing Bank to issue the L/C.
r
\
6. Section 2 (2) of COMMITMENT PROCEDURE (III) shall entirely be
deleted and the following is substituted therefor:
(2) The Issuing Bank shall issue the L/C, on behalf of and
under authorization of the Borrower, in favour of the
Supplier through the Paying Bank substantially in accordance
with the attached Form OECF-LCl for the goods and Form OECFLC2 for the services respectively.
The Issuing Bank shall send such L/C to the Paying Bank
together with an application for issuance of the Letter of
Commitment in accordance with the attached form OECF-ALCOM
(hereinafter referred to as "the Application for L/COM") in
order to request the Fund to issue the Letter of Commitment
through the Paying Bank. The Paying Bank shall advise the
Supplier of the issuance of the L/C.
7. Section 2 (3) of COMMITMENT PROCEDURE (III) shall entirely be
deleted and the following is substituted therefor:
(3) When the Fund, after obtaining a copy of the L/C and the
Application for L/COM from the Paying Bank, finds them in
order and in conformity with the provisions of the Loan
Agreement and the terms of the Contract, the Fund, upon
receipt of the issuing charge of the Letter of Commitment
from the Issuing Bank, shall issue to the Issuing Bank the
Letter of Commitment in accordance with the attached Form
OECF-LOC.
8.
Form OECF-LOC of COMMITMENT PROCEDURE (III) shall be changed
as follows:
(1) The addressee shall be the Issuing Bank.
(2) The first sentence shall read as:
"We hereby irrevocably undertake to reimburse you for a
sum or sums not exceeding ¥
against the
Request for Disbursement which shall be submitted by the
Paying Bank on behalf of you, and be accompanied by a
copy of the draft(s) drawn by the beneficiary, on condition that the date of reimbursement shall be notified
us in writing at least two (2) business days in advance."
9. The validity, interpretation and performance of this
agreement shall be governed by the laws and regulations of Japan.
10. This agreement shall come into effect on the date of signing.
IN WITNESS WHEREOF, the parties have executed this agreement
in duplicate by duly authorized representatives on October 11,
1984.
For
THE OVERSEAS ECONOMIC
COOPERATION FUND
Signed
ｔ｡ｾｳｬＧｩ＠
l'i"osomi
President
For
The Republic of Indonesia
Signed
Wiyogo Atmeearm1nto
-rollbassador Extraordinary and
Plenipotentiary of the
Republic of Indonesia to Japan
Form: OECF-ALCOM
Application for Issuance of Letter of Commitment
Date:
Ref. No. :
To: THE OVERSEAS ECONOMIC COOPERATION FUND
Tokyo, Japan
(through the Paying Bank)
Attention: Director, Loan Department I
Re
Our Letter of Credit No.
for ¥
in favour of
dated
Gentlemen:
(1) Pursuant to the Loan Agreement No.
dated
between
THE OVERSEAS ECONOMIC COOPERATION FUND (hereinafter referred to as
"the FUND") and
(hereinafter referred to as "the
Borrower" and such agreement hereinafter referred to as ''the Loan
Agreement"), and the Agreement on the payment of the L/COM Charge
dated October 11, 1984 between the Fund and the Borrower, and the
Banking Arrangement dated
between
(hereinafter referred to as "the Paying Bank'') and the Borrower or
its designated authority, the undersigned hereby requests you to
issue a Letter of Commitment in favour of us.
(2) The undersigned agrees to pay to the Fund an amount equal to
one-tenth percent (0.1%) of the amount of the Letter of
Commitment as the issuing charge of the Letter of Commitment
as stipulated in the Agreement on the payment of the L/COM
Charge.
Yours truly,
name of the Issuing Bank
THE OVERSEAS ECONOMIC
COOPERATION FUND
TAKEBASHI GODO BU I L DI NG
4 ·1. OHTEMAC HI 1-