Selanjutnya
A
G
R
E
E
)(
E
N
T
BETWEEN
THE GOVERNME?ll'
or
THE :REPUBLIC OF INDONESIA
AND
THE UNITED NATIONS SPECIAL FOND
CONCERNING
ASSISTANCE FR.OM THE SPECIAL FUND
WHEREAS the Government ot the Republic of Indonesia baa requested
assistance f'rom the United Nationa Special Fund in aooordance with resolution
1240 (XIII) of the General Assembl.y of the United Nations;
WHEREAS the Special P'\md is prepared to provide the Gove:nment with
suoh aaai.stanoe for the purpose of promoting social progress and better standards
of lif'e and advanoing the economic, aocial and technical development of
Indonesia;
NOW THEREFORE the Govermnent and the Special Fund have entered into
this Agreement in a spirit of friendly co-operation.
Article I
Assiatance to be provided b;y the Special Fund
1.
Thia Agre•ent embodies the conditions \mder which the Special Fund
ahall proYide the Govenment with assistance and also lqs
down
the basic
conditi ons under which projects will be executed.
2.
A Plan of Operation tor eaoh project shall be agreed to in writing by
the Govemment, the Special Fund and the Executing Agency. The terms of' this
Agre•ent shall apply to each Plan of Operation.
3.
The Special Pund undertakes to make available suoh sums as aq be
specified in eaoh Plan of Operation tor the execution of proJeota described
therein, in accordance with the relevant and appl.icable reaolutiona and decisions
of the appropriate United Nations organa, in particular ｲ･ｳｯｬｵｾｩｮ＠
of the General
ａｳ｡･ｭ｢ｾＬ＠
1240 (XIII)
and subject to the availability of' tunda.
1:f:!
Compliance • ••
-2-
z... .
Complianee by the Govemaent with any prior obligations specified in each
Plan ot Operation as necessary tor the execution ot a pro.1ect aball be a condition ot
perf'oi'u.noe by the Special Pund and by the Executing Agency of their responsibilities
under this Agreement. In case execution ot a project ia commenced before compliance
by the GoTenllllent with any related prior obligations, auoh execution aq be terminated
or suspended at the diaoretion ot the Specia1 Fund.
Article I I
Execution ot Project
The Parties hereby agree that each proJect abal1 be executed or administered
1.
on behal1: ot the Special Fund by an Executing Agency to be appointed by the Specia.l
Pund
Ｇ ﾷ Ｎｬｲｩ＼
Ｑ ｾ＠
oonsu1tation with and with the approval of the Government. The sums referred
to in Article I above aball be disbursed to auoh Executing Agency, by Agreement
between the latter and the Specia1 Pund.
2.
The Govenment agrees that an Executing Agency, in carrying out a project,
aball have the status, via-a.di.a the Special Fund, of an independent contractor.
Aooordinw, the Specia.l Fund sha1l not be liable tor the aota
ｾｲ＠
omieaions of the
Executing Ageney- or ot persons performing services on i ta behaU'. The Executing Agency
aha1l. not be liable for the acts or omissions of the Special Fund or ot persons
pertol"mi.ilg services on behalt ot the Special Fund.
J..
Arty agi-e•ent between the Government and an Executing Agency concerning the
execution of a Special Fund project aba1l be subject to the provisions ot this
Agreanent and shal1 require the prior concurrence ot the llanaging Director.
q..
A:a;y equipment, material.a, supplies and other property belonging to the
Special Pund or an Executing Agency which mq be utilized or provided by either or
both in the execution of a project, shall remain their property un1ess and until
such time as title thereto
ｾ＠
be transferred to the Government on terms and
conditions mutualJ\r agreed upon between the Government and the Special Fund or
the Bxecut1Jl8 AgellOJ' concerned.
Article III •••••
- .3 -
Al!t:l.cle III
In:toraation oonoerpi.nts Pro.1eot
1.
The GOTerment ahall tundah the Speoial l'und with auoh relevant d:ocuaenta,
aooounta, i-ecord.8, atat•enta and other intomation aa the Special l'und
concerning the execution of
ｾ＠
request
ｾ＠
project or its continued teuibility and sounc!neas, or
concerning the compliance by the GOTerzlllent with UV' ot ita responsibilities under
this A&re•ent.
2.
'l'he Special Fund undertakes that the Goverment will be kept
｣ｵｲ･ｮｾ＠
i.Jlformed ot the progresa ot operations on projects executed under this Agreelllent.
Either
ｾ＠
ahall have the right, at u:ay time,
to obaerve the progreas ot UV'
operationa carried out under thia Agreeaent.
3.
The Goverment shall, aubaequent to the completion ot a proJeot, aake
available to the Special Fund at ita request information aa to benefits derived t r .
and activities undertaken to f'Urther the purposes of that proJect, and will permit
obeenation by the Special !'lmd tor thirs purpoae.
it..
The Govenment will al.so IUke available to the Executing Agency al1
intome.tion concerning a project neceasary or appropriate to the execution ot that
project, and all information necessary or appropriate to an evaluation, after its
c:cmpletion, ot the benefits deri'f8d from and activities undertaken to turther the
purpose ot that project.
5.
The Parties ahall consult each other regarding the publication aa
appropriate of an,:y information relating to u:ay project or to benefits derind therefrom.
Article IV
Participation and Contribution ot Government in execution of Pro.1ect
1_.
'l'he GoTerment shall participate and CG-Operate in the execution of the projects
covered by this Agre•ent. It ahall, in particular, per1'om all the acts required of it
in each Plan of Operation, including the provision ot .materials, equipaent, suppllea,
labour and prof'esaional aervicea available within the eountry.
2.
I:t ao
• •••
Ｍｾ
2.
It ao provided. in the Plan ot Operation, the Goverment shall pq, or arrange
to have paid, to the Special Fund the suas require¢, to the extent specif'ied in the
Plan
ot Operation, tor the provision ot labour, uterials, equi:pment and supplies
available within the country.
J.
lfoneys paid to the Special. l'und in accordance with the preceding paragraph
shall be paid to an account designated tor this purpose by the Secretar,r-General
ot the United Bationa and ahall be ac1m1nhtered in accordance with the applicable
f'inanoial regulations ot the Special. Fund.
4,..
Arq mone,Ys remain1Dg to the credit ot the account designated. in the preceding
paragraph at the tiae ot the eoepletion ot the project in accordance with the PJ.an
ot Operation shall be repaid to the Gonrment atter provision has been aade tor 81\V"
unl.iquidated obligationa in existence at the time ot the completion ot the project.
5.
The Goverment shall as appropriate ident1ty each pro.1ect, aa one aaaiated
by the Special
Fund.
Article V
Looal facilities to be provided by the Govermaent to the Special.
lup!!. and the Executing Mency
1.
In addition to the pqaent referred to in Article
IV, paragraph 2, above,
the Goverment shall aasiat the Special Pund and the Executing Aeency in executing
uq proJect by pqing or arranging to pay tor the following looal taoUitiea required
to tultil the programme ot work apecif'ied. in the Plan ot Operation:
(a) The local living costs ot experta and other persoDnel assigned by the
Special Fund or the Executing Aeency to the country under this Agreement,
ae shall be specif'ied in the Plan ot Operation;
(b) Local administrative and olerioal aervicea, including the necessary
local secretarial help, interpreter-translators, and related assistance;
(c) Transportation ot personnel., supplies and equipaent within the country;
(d) Postage and telecommioations tor otf'icial purpoaea;
(e) ｾ＠
&Ulla
which the Governa&Dt 1a required to pay under Article VIII,
paragraph 5 below.
2.
lfon!,Ys ,,,,,
-52..
Jfoneya paid under the provisions .t, except where it ia agreed
by the Parties hereto and the Executing Agency that auoh claiu or liabilities arise
from the gross negligence or wilful Ja:i.aoonduct of such persona.
Article IX •••••••
- 8 -
Article IX
Settlement of disputes
Any dispute between the Special Fund and the Government arising out of or
relating to tbia Agreement which cannot be settled by negotiation or other agreed mode
of settlement shall be submitted to arbitration at the request of either Party.
F.ach Party shall appoint one arbitrator, and the two arbi. tratoris ao appointed ahall.
appoint the third, who shall be the chairman. If within thirty
ｾ｡＠
of the r equest
for arbitration either Party has not appointed an arbitrator or if within f'ifteen days
of the appointment of' two arbitrators the third arbitrator has not been appoint ed,
either Party ma_y r equest the President of the International Court of Juatice to appoint
an arbitrator. The procedure of the arbitration shall be fixed by the arbitrators,
and the expenses of the arbitration shall be borne by the Parties aa assessed by the
arbitrator s . The arbitral award shall be accepted by the Parties aa the final
adjudication of the dispute .
Article X
General Provisions
1.
This Agreement shall enter into foroe upon signature, and shall continue
in force until terminated under paragraph J below.
2.
Thia
ａｧｲ･ｭｮ
be modified by written agreement between the Parties
ｴｾ＠
hereto. Any relevant matter for wbiob no provision ia made in this AgreEDent shal.l be
settled
｡ ｰｲｯｩ｡ｾ･＠
by the Parties in keeping with the relevant resolutions and decisions of the
organ.s of the United Nations . Each Party ah&ll give f'Ull and aympathetio
oonaideration to an,y propoaal advanced by the other Party under tbia paragraph.
}.
This Agreement
ｾ＠
be terminated by either Party by written notice to the
other and shall terminate sixty days after receipt of such notice.
4.
The obligations assumed by the Parties under Article III, IV, and VII
shall survive the expiration or termination of this Agreement . The obligations assumed
by the Government under Article VIII hereof ahall survive the expiration or
termination of this Agreement to the extent neoessary to permit orderly withdrawal
of personnel, funds and property of the Special Pund and of aey Executing Agency,
or of &rf3 firm or organisation retained by either of them to aosist in the
execution of a proj ect.
IN WITNESS WHEREOF • • ••
-9-
IN WITNESS WHEREOF the undersigned, dul,y appointed representatives ot
the
ｳｾ･､＠
ｾ･ｲ｡ｮｴ＠
and of the
ｓｰ･｣ｩ｡ｬＮｾ＠
have on behalf' ot the Parties
ｲ･｡ｰ｣ｴｩｶｾＬ＠
the present Agreaunt at DJakarta this
ｾ＠
ot October, 1:960.
Por the Special lPund
For the Govel"IID8llt
Ｉｉ］ｾ
ｾ＠
SUwito Kilaumowidagdo
Sacretar,r-General ot 'the
Department ot 'Poreign Attairs
Resident Representative
UN Teehnioal. Aaaiatanoe brcl
G
R
E
E
)(
E
N
T
BETWEEN
THE GOVERNME?ll'
or
THE :REPUBLIC OF INDONESIA
AND
THE UNITED NATIONS SPECIAL FOND
CONCERNING
ASSISTANCE FR.OM THE SPECIAL FUND
WHEREAS the Government ot the Republic of Indonesia baa requested
assistance f'rom the United Nationa Special Fund in aooordance with resolution
1240 (XIII) of the General Assembl.y of the United Nations;
WHEREAS the Special P'\md is prepared to provide the Gove:nment with
suoh aaai.stanoe for the purpose of promoting social progress and better standards
of lif'e and advanoing the economic, aocial and technical development of
Indonesia;
NOW THEREFORE the Govermnent and the Special Fund have entered into
this Agreement in a spirit of friendly co-operation.
Article I
Assiatance to be provided b;y the Special Fund
1.
Thia Agre•ent embodies the conditions \mder which the Special Fund
ahall proYide the Govenment with assistance and also lqs
down
the basic
conditi ons under which projects will be executed.
2.
A Plan of Operation tor eaoh project shall be agreed to in writing by
the Govemment, the Special Fund and the Executing Agency. The terms of' this
Agre•ent shall apply to each Plan of Operation.
3.
The Special Pund undertakes to make available suoh sums as aq be
specified in eaoh Plan of Operation tor the execution of proJeota described
therein, in accordance with the relevant and appl.icable reaolutiona and decisions
of the appropriate United Nations organa, in particular ｲ･ｳｯｬｵｾｩｮ＠
of the General
ａｳ｡･ｭ｢ｾＬ＠
1240 (XIII)
and subject to the availability of' tunda.
1:f:!
Compliance • ••
-2-
z... .
Complianee by the Govemaent with any prior obligations specified in each
Plan ot Operation as necessary tor the execution ot a pro.1ect aball be a condition ot
perf'oi'u.noe by the Special Pund and by the Executing Agency of their responsibilities
under this Agreement. In case execution ot a project ia commenced before compliance
by the GoTenllllent with any related prior obligations, auoh execution aq be terminated
or suspended at the diaoretion ot the Specia1 Fund.
Article I I
Execution ot Project
The Parties hereby agree that each proJect abal1 be executed or administered
1.
on behal1: ot the Special Fund by an Executing Agency to be appointed by the Specia.l
Pund
Ｇ ﾷ Ｎｬｲｩ＼
Ｑ ｾ＠
oonsu1tation with and with the approval of the Government. The sums referred
to in Article I above aball be disbursed to auoh Executing Agency, by Agreement
between the latter and the Specia1 Pund.
2.
The Govenment agrees that an Executing Agency, in carrying out a project,
aball have the status, via-a.di.a the Special Fund, of an independent contractor.
Aooordinw, the Specia.l Fund sha1l not be liable tor the aota
ｾｲ＠
omieaions of the
Executing Ageney- or ot persons performing services on i ta behaU'. The Executing Agency
aha1l. not be liable for the acts or omissions of the Special Fund or ot persons
pertol"mi.ilg services on behalt ot the Special Fund.
J..
Arty agi-e•ent between the Government and an Executing Agency concerning the
execution of a Special Fund project aba1l be subject to the provisions ot this
Agreanent and shal1 require the prior concurrence ot the llanaging Director.
q..
A:a;y equipment, material.a, supplies and other property belonging to the
Special Pund or an Executing Agency which mq be utilized or provided by either or
both in the execution of a project, shall remain their property un1ess and until
such time as title thereto
ｾ＠
be transferred to the Government on terms and
conditions mutualJ\r agreed upon between the Government and the Special Fund or
the Bxecut1Jl8 AgellOJ' concerned.
Article III •••••
- .3 -
Al!t:l.cle III
In:toraation oonoerpi.nts Pro.1eot
1.
The GOTerment ahall tundah the Speoial l'und with auoh relevant d:ocuaenta,
aooounta, i-ecord.8, atat•enta and other intomation aa the Special l'und
concerning the execution of
ｾ＠
request
ｾ＠
project or its continued teuibility and sounc!neas, or
concerning the compliance by the GOTerzlllent with UV' ot ita responsibilities under
this A&re•ent.
2.
'l'he Special Fund undertakes that the Goverment will be kept
｣ｵｲ･ｮｾ＠
i.Jlformed ot the progresa ot operations on projects executed under this Agreelllent.
Either
ｾ＠
ahall have the right, at u:ay time,
to obaerve the progreas ot UV'
operationa carried out under thia Agreeaent.
3.
The Goverment shall, aubaequent to the completion ot a proJeot, aake
available to the Special Fund at ita request information aa to benefits derived t r .
and activities undertaken to f'Urther the purposes of that proJect, and will permit
obeenation by the Special !'lmd tor thirs purpoae.
it..
The Govenment will al.so IUke available to the Executing Agency al1
intome.tion concerning a project neceasary or appropriate to the execution ot that
project, and all information necessary or appropriate to an evaluation, after its
c:cmpletion, ot the benefits deri'f8d from and activities undertaken to turther the
purpose ot that project.
5.
The Parties ahall consult each other regarding the publication aa
appropriate of an,:y information relating to u:ay project or to benefits derind therefrom.
Article IV
Participation and Contribution ot Government in execution of Pro.1ect
1_.
'l'he GoTerment shall participate and CG-Operate in the execution of the projects
covered by this Agre•ent. It ahall, in particular, per1'om all the acts required of it
in each Plan of Operation, including the provision ot .materials, equipaent, suppllea,
labour and prof'esaional aervicea available within the eountry.
2.
I:t ao
• •••
Ｍｾ
2.
It ao provided. in the Plan ot Operation, the Goverment shall pq, or arrange
to have paid, to the Special Fund the suas require¢, to the extent specif'ied in the
Plan
ot Operation, tor the provision ot labour, uterials, equi:pment and supplies
available within the country.
J.
lfoneys paid to the Special. l'und in accordance with the preceding paragraph
shall be paid to an account designated tor this purpose by the Secretar,r-General
ot the United Bationa and ahall be ac1m1nhtered in accordance with the applicable
f'inanoial regulations ot the Special. Fund.
4,..
Arq mone,Ys remain1Dg to the credit ot the account designated. in the preceding
paragraph at the tiae ot the eoepletion ot the project in accordance with the PJ.an
ot Operation shall be repaid to the Gonrment atter provision has been aade tor 81\V"
unl.iquidated obligationa in existence at the time ot the completion ot the project.
5.
The Goverment shall as appropriate ident1ty each pro.1ect, aa one aaaiated
by the Special
Fund.
Article V
Looal facilities to be provided by the Govermaent to the Special.
lup!!. and the Executing Mency
1.
In addition to the pqaent referred to in Article
IV, paragraph 2, above,
the Goverment shall aasiat the Special Pund and the Executing Aeency in executing
uq proJect by pqing or arranging to pay tor the following looal taoUitiea required
to tultil the programme ot work apecif'ied. in the Plan ot Operation:
(a) The local living costs ot experta and other persoDnel assigned by the
Special Fund or the Executing Aeency to the country under this Agreement,
ae shall be specif'ied in the Plan ot Operation;
(b) Local administrative and olerioal aervicea, including the necessary
local secretarial help, interpreter-translators, and related assistance;
(c) Transportation ot personnel., supplies and equipaent within the country;
(d) Postage and telecommioations tor otf'icial purpoaea;
(e) ｾ＠
&Ulla
which the Governa&Dt 1a required to pay under Article VIII,
paragraph 5 below.
2.
lfon!,Ys ,,,,,
-52..
Jfoneya paid under the provisions .t, except where it ia agreed
by the Parties hereto and the Executing Agency that auoh claiu or liabilities arise
from the gross negligence or wilful Ja:i.aoonduct of such persona.
Article IX •••••••
- 8 -
Article IX
Settlement of disputes
Any dispute between the Special Fund and the Government arising out of or
relating to tbia Agreement which cannot be settled by negotiation or other agreed mode
of settlement shall be submitted to arbitration at the request of either Party.
F.ach Party shall appoint one arbitrator, and the two arbi. tratoris ao appointed ahall.
appoint the third, who shall be the chairman. If within thirty
ｾ｡＠
of the r equest
for arbitration either Party has not appointed an arbitrator or if within f'ifteen days
of the appointment of' two arbitrators the third arbitrator has not been appoint ed,
either Party ma_y r equest the President of the International Court of Juatice to appoint
an arbitrator. The procedure of the arbitration shall be fixed by the arbitrators,
and the expenses of the arbitration shall be borne by the Parties aa assessed by the
arbitrator s . The arbitral award shall be accepted by the Parties aa the final
adjudication of the dispute .
Article X
General Provisions
1.
This Agreement shall enter into foroe upon signature, and shall continue
in force until terminated under paragraph J below.
2.
Thia
ａｧｲ･ｭｮ
be modified by written agreement between the Parties
ｴｾ＠
hereto. Any relevant matter for wbiob no provision ia made in this AgreEDent shal.l be
settled
｡ ｰｲｯｩ｡ｾ･＠
by the Parties in keeping with the relevant resolutions and decisions of the
organ.s of the United Nations . Each Party ah&ll give f'Ull and aympathetio
oonaideration to an,y propoaal advanced by the other Party under tbia paragraph.
}.
This Agreement
ｾ＠
be terminated by either Party by written notice to the
other and shall terminate sixty days after receipt of such notice.
4.
The obligations assumed by the Parties under Article III, IV, and VII
shall survive the expiration or termination of this Agreement . The obligations assumed
by the Government under Article VIII hereof ahall survive the expiration or
termination of this Agreement to the extent neoessary to permit orderly withdrawal
of personnel, funds and property of the Special Pund and of aey Executing Agency,
or of &rf3 firm or organisation retained by either of them to aosist in the
execution of a proj ect.
IN WITNESS WHEREOF • • ••
-9-
IN WITNESS WHEREOF the undersigned, dul,y appointed representatives ot
the
ｳｾ･､＠
ｾ･ｲ｡ｮｴ＠
and of the
ｓｰ･｣ｩ｡ｬＮｾ＠
have on behalf' ot the Parties
ｲ･｡ｰ｣ｴｩｶｾＬ＠
the present Agreaunt at DJakarta this
ｾ＠
ot October, 1:960.
Por the Special lPund
For the Govel"IID8llt
Ｉｉ］ｾ
ｾ＠
SUwito Kilaumowidagdo
Sacretar,r-General ot 'the
Department ot 'Poreign Attairs
Resident Representative
UN Teehnioal. Aaaiatanoe brcl