Selanjutnya
FINANCIAL PROTOCOL
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
•
THE GOVERNMENT OF THE FRENCH REPUBLIC
With a view to strengthening the ties of friendship and cooperation that bind them, the Government of
the Republic of Indonesia and the Government of the French Republic have agreed to conclude the present
Protocol to foster the economic development of Indonesia.
ARTICLE I -EXTENT AND PURPOSE OF THE FINANCIAL SUPPORT
The French Government grants the Government of the Republic of Indonesia financial support
designed for the execution of a project included in the economic development priorities of Indonesia. The said
support, in the form of a French Government loan, shall not exceed € 2 500 000 (Two Million Five Hundred
Thousand Euros) and shall be used to finance the purchase in France of French Goods and services for the
implementation of the project of support to marine culture in Batam.
ARTICLE 2- CONDITIONS AND MODALITIES GOVERNING FINANCIAL SUPPORT
The French Government loan shall be granted for a period of 20 years, including a grace period of 5
years. The interest rate shall be 2,35 % per year. The said loan shall be repaid in 30 equal consecutive
six-monthly instalments, the first instalment falling due 66 months after the end of the calendar quarter during
which the drawings are made. Interest shall be payable on the total amount outstanding; it shall be applicable as
of the date of each drawing on the French Government loan and shall be paid at six-monthly intervals.
The date of payment of maturity of principal or interest is, when it falls due on a non-working day in
France, postponed to the working day that follows. Any maturity of principal or interest not paid on due date
shall g ive rise to interest on overdue payment from the date of maturity up to the effective date of payment. The
rate of interest on overdue payment is the legal interest rate published by the French Authorities for year 2003,
i.e. 3,29 % per year, plus 3 % per year. Interest on overdue payment shall itself bear interest at the rate above
mentioned if it is due for a full year.
An implementation agreement between the Indonesian Ministry of Finance, acting in name and on
behalf of the Government of the Republic of Indonesia, and Natexis Banques Populaires, acting in name and on
behalf of the Government of the French Republic, shall define the mechanisms of utilisation and repayment of
the French Government loan.
ARTICLE 3- CURRENCY OF ACCOUNT AND PAYMENT
The currency of account and payment under the terms of the present Protocol shall be the Euro.
ARTICLE 4- REGISTRATION OF THE CONTRACTS
The two Governments confirm the importance of the fight against corruption in international business
transactions. The Parties to the contracts reg istered on the present Protocol shall neither offer or give, nor seek,
accept or get promised, directly or indirectly, for themselves or for another Party, any undue pecuniary or other
advantage from or to a third Party and/or each other which would or could be construed as an illegal and corrupt
practice.
For each contract relating to the project referred to in Article 1, its registration as specified hereafter is
subject to:
- The conformity of the contract with the recommendations formulated by the pre-evaluation of the
project corresponding to such contract;
- The effective availability of funds enabling the completion of the financing of the project;
- The verification of the conformity of the project with the rules established by the participants to the
OECD consensus for exports credits benefiting of a public support;
- The fact th at it exists no arrears concerning amounts due and not paid on due date by the
Government of the Republic of Indonesia relating to debt consolidation agreements and French Government
loans;
- The examination of the state of amounts due and not paid on due date concerning export credits
guaranteed by COFACE and granted either to the Government of the Republic of Indonesia either to its public
sector, or with the guarantee of the Government of the Republic of Indonesia or its public sector.
For each contract relating to the project referred to in A11icle I of the present Protocol , after the
French competent Authorities have verifi ed that these conditions are fu lfilled , the contract will be registered on
the Protocol by exchange of letters between the Minister of Finance of the Government of the Republic of
Indonesia or his or her authorized representative, and the Chief of the Economic Department to the French
Embassy in Indonesia, acting with the authorisation of the competent French Authorities.
ARTICLE 5- DEADLINES OF THE FRENCH GOVERNMENT FACILITIES
In order to qualify for the financial support provided for in Article I hereof, contracts between French
supp liers and Indonesian buyers must be signed before 30 June 2004 and registered by 30 September 2004 at the
latest.
No drawing on the French Government loan provided by the present Protocol shall be made after 30
September 2007.
ARTICLE 6- TAXATION
The financial support related to the execution of the present Protocol cannot be used for the payment
of any tax or duty in Indonesia. The reimbursement of principal and the payment of interest, fees and accessories
linked to the execution of the present Protocol shall be paid net of any taxation in Indonesia.
Notwithstanding the provisions of the fiscal agreement and of its associated protocol , signed between
France and Indonesia on 14 September 1979, and for the purpose to reserve the financial resources provided for
in the present protocol for th e development of the Republic on Indonesia, it is agreed that the contracts ascribed,
the supply of goods and services, including technical assistance by French companies in the framework of the
present protocol , as well as importation, exportation, purchase, utilisation or disposal of goods and services
contributing to the production of such supplies, shall not be subject to any tax , customs duties, social security
taxes or any other levies in Indonesia.
Should such levies, whatever their object or nature, be collected according to the Indonesian rules
with respect to th e said operations, then the payment of these levies shall be to the charge of the Indonesian
buyer.
ARTICLE 7 - POST EVALUATION OF PROJECT
The Government of the French Republic may proceed at its own cost to undertake post evaluation of
the project financed under this Protocol on the econom ic, financial and accounting levels in order to appraise its
impact on the economic development of Indonesia . The Government of the Republic of Indonesia shall
participate in this evaluation, according to modaliti es to be defined, in order to benefit directly from the findings.
The Government of the Republic of Indonesia agrees to welcome the post evaluation missiOn sent by the
Government of the French Republic and to facilitate the access to relevant information about the project.
ARTICLE 8- EFFECTIVE DATE
The present Protoco l shall come into force on the date of its signature.
IN WITNESS THEREOF. the undersigned,
authorised for this purpose by their respective
ｇｯｶ･ｲｮｭｾ＠
have affixed thereJa ｴｾ･ｩｲ＠
seals.
Done in ..
Q.o..(;;;... the .. ｾ＠ .. . .｣ＮｹｾＭｴ＠
ｾ＠
(In four originals, two in the English and two in
the French languages, the two texts being equal ly
authoritative),
For the Government of
the Republic of
Indonesia
For the Government of the
French Republic
Signed
Signed
PROTOCOLE FINANCIER
0
ENTRE
LE GOUVERNEMENT DE LA REPUBLIQUE D'INDONESIE
ET
LE GOUVERNEMENT DE LA REPUBLIQUE FRAN
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
•
THE GOVERNMENT OF THE FRENCH REPUBLIC
With a view to strengthening the ties of friendship and cooperation that bind them, the Government of
the Republic of Indonesia and the Government of the French Republic have agreed to conclude the present
Protocol to foster the economic development of Indonesia.
ARTICLE I -EXTENT AND PURPOSE OF THE FINANCIAL SUPPORT
The French Government grants the Government of the Republic of Indonesia financial support
designed for the execution of a project included in the economic development priorities of Indonesia. The said
support, in the form of a French Government loan, shall not exceed € 2 500 000 (Two Million Five Hundred
Thousand Euros) and shall be used to finance the purchase in France of French Goods and services for the
implementation of the project of support to marine culture in Batam.
ARTICLE 2- CONDITIONS AND MODALITIES GOVERNING FINANCIAL SUPPORT
The French Government loan shall be granted for a period of 20 years, including a grace period of 5
years. The interest rate shall be 2,35 % per year. The said loan shall be repaid in 30 equal consecutive
six-monthly instalments, the first instalment falling due 66 months after the end of the calendar quarter during
which the drawings are made. Interest shall be payable on the total amount outstanding; it shall be applicable as
of the date of each drawing on the French Government loan and shall be paid at six-monthly intervals.
The date of payment of maturity of principal or interest is, when it falls due on a non-working day in
France, postponed to the working day that follows. Any maturity of principal or interest not paid on due date
shall g ive rise to interest on overdue payment from the date of maturity up to the effective date of payment. The
rate of interest on overdue payment is the legal interest rate published by the French Authorities for year 2003,
i.e. 3,29 % per year, plus 3 % per year. Interest on overdue payment shall itself bear interest at the rate above
mentioned if it is due for a full year.
An implementation agreement between the Indonesian Ministry of Finance, acting in name and on
behalf of the Government of the Republic of Indonesia, and Natexis Banques Populaires, acting in name and on
behalf of the Government of the French Republic, shall define the mechanisms of utilisation and repayment of
the French Government loan.
ARTICLE 3- CURRENCY OF ACCOUNT AND PAYMENT
The currency of account and payment under the terms of the present Protocol shall be the Euro.
ARTICLE 4- REGISTRATION OF THE CONTRACTS
The two Governments confirm the importance of the fight against corruption in international business
transactions. The Parties to the contracts reg istered on the present Protocol shall neither offer or give, nor seek,
accept or get promised, directly or indirectly, for themselves or for another Party, any undue pecuniary or other
advantage from or to a third Party and/or each other which would or could be construed as an illegal and corrupt
practice.
For each contract relating to the project referred to in Article 1, its registration as specified hereafter is
subject to:
- The conformity of the contract with the recommendations formulated by the pre-evaluation of the
project corresponding to such contract;
- The effective availability of funds enabling the completion of the financing of the project;
- The verification of the conformity of the project with the rules established by the participants to the
OECD consensus for exports credits benefiting of a public support;
- The fact th at it exists no arrears concerning amounts due and not paid on due date by the
Government of the Republic of Indonesia relating to debt consolidation agreements and French Government
loans;
- The examination of the state of amounts due and not paid on due date concerning export credits
guaranteed by COFACE and granted either to the Government of the Republic of Indonesia either to its public
sector, or with the guarantee of the Government of the Republic of Indonesia or its public sector.
For each contract relating to the project referred to in A11icle I of the present Protocol , after the
French competent Authorities have verifi ed that these conditions are fu lfilled , the contract will be registered on
the Protocol by exchange of letters between the Minister of Finance of the Government of the Republic of
Indonesia or his or her authorized representative, and the Chief of the Economic Department to the French
Embassy in Indonesia, acting with the authorisation of the competent French Authorities.
ARTICLE 5- DEADLINES OF THE FRENCH GOVERNMENT FACILITIES
In order to qualify for the financial support provided for in Article I hereof, contracts between French
supp liers and Indonesian buyers must be signed before 30 June 2004 and registered by 30 September 2004 at the
latest.
No drawing on the French Government loan provided by the present Protocol shall be made after 30
September 2007.
ARTICLE 6- TAXATION
The financial support related to the execution of the present Protocol cannot be used for the payment
of any tax or duty in Indonesia. The reimbursement of principal and the payment of interest, fees and accessories
linked to the execution of the present Protocol shall be paid net of any taxation in Indonesia.
Notwithstanding the provisions of the fiscal agreement and of its associated protocol , signed between
France and Indonesia on 14 September 1979, and for the purpose to reserve the financial resources provided for
in the present protocol for th e development of the Republic on Indonesia, it is agreed that the contracts ascribed,
the supply of goods and services, including technical assistance by French companies in the framework of the
present protocol , as well as importation, exportation, purchase, utilisation or disposal of goods and services
contributing to the production of such supplies, shall not be subject to any tax , customs duties, social security
taxes or any other levies in Indonesia.
Should such levies, whatever their object or nature, be collected according to the Indonesian rules
with respect to th e said operations, then the payment of these levies shall be to the charge of the Indonesian
buyer.
ARTICLE 7 - POST EVALUATION OF PROJECT
The Government of the French Republic may proceed at its own cost to undertake post evaluation of
the project financed under this Protocol on the econom ic, financial and accounting levels in order to appraise its
impact on the economic development of Indonesia . The Government of the Republic of Indonesia shall
participate in this evaluation, according to modaliti es to be defined, in order to benefit directly from the findings.
The Government of the Republic of Indonesia agrees to welcome the post evaluation missiOn sent by the
Government of the French Republic and to facilitate the access to relevant information about the project.
ARTICLE 8- EFFECTIVE DATE
The present Protoco l shall come into force on the date of its signature.
IN WITNESS THEREOF. the undersigned,
authorised for this purpose by their respective
ｇｯｶ･ｲｮｭｾ＠
have affixed thereJa ｴｾ･ｩｲ＠
seals.
Done in ..
Q.o..(;;;... the .. ｾ＠ .. . .｣ＮｹｾＭｴ＠
ｾ＠
(In four originals, two in the English and two in
the French languages, the two texts being equal ly
authoritative),
For the Government of
the Republic of
Indonesia
For the Government of the
French Republic
Signed
Signed
PROTOCOLE FINANCIER
0
ENTRE
LE GOUVERNEMENT DE LA REPUBLIQUE D'INDONESIE
ET
LE GOUVERNEMENT DE LA REPUBLIQUE FRAN