Selanjutnya
ｾ＠
ｾ＠
REPUBLIK INDONESIA
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG
DI-PERTUAN OF BRUNEI DARUSSALAM
ON
CONSULAR NOTIFICATION AND CONSULAR ASSISTANCE
The Government of the Republic of Indonesia and the Government of His Majesty the
Sultan and Yang Di-Pertuan of Brunei Darussalam, hereinafter referred to singularly as
the 'Party' and collectively as the 'Parties'.
RECALLING to the agreed minutes between the two countries on the First Senior
Officials Meeting for the Second Meeting of the Joint Commission for Bilateral
Cooperation, signed on August 18, 2006, at Bandar Seri Begawan, Brunei Darussalam;
CONSIDERING the functions of the Consular Mission in protecting and securing the
rights and interests of the sending State and those of its nationals within the limits
permitted by international law;
DESIRING to develop their consular relations in order to facilitate the protection of the
rights and interests of their nationals who are detained, arrested, deprived of freedom,
undergoing judicial process before national courts of the receiving State or died in
custody;
TAKil\G into account of the need to promote better communication regarding the
consular protection as set out in the 1963 Vienna Convention on Consular Relations and
1961 Vienna Convention on Diplomatic Relations in order to arrange for such
communication and ensure its transparency;
IN ACCORDANCE with the prevailing laws and regulations of the respective countries;
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement, the following expressions shall have the meanings
hereunder assigned to them:
I. "Diplomatic Mission'' means official representatives of the sending State in receiving
state who conduct diplomatic functions pursuant to the 1961 Vienna Convention on
Diplomatic ｒ･ｬ｡ｴｩｯｮｳｾ＠
2. "Consular Post" means any consulate-general, consulate, vice-consulate or consular
｡ｧ･ｮ｣ｹｾ＠
3. '"Consular District" means the area assigned to a Consular Post for the exercise of
Consular ｆｵｮ｣ｴｩｯｳｾ＠
4. ""Consular Functions'' refers to those Consular Functions listed in Article 5 ofthe 1963
Vienna Convention on Consular and may be performed by Diplomatic Missions in
accordance with article 3(2) ofthe 1961 Vienna Convention on Diplomatic Relations;
5. ''Head of Consular Post"
ｭ･｡ｮｾ＠
the person charged with the duty of acting in that
｣｡ｰｩｴｹｾ＠
6.
""Consular Officer" means any person, including the head of a Consular Post
entrusted in that capacity with the exercise of Consular Functions.
Article 2
Consular Functions
I. Consular Functions are exercised by Consular Posts. They are also exercised by
Diplomatic Mission in accordance with Article 3 of the 1961 Vienna Convention on
Diplomatic Relations and Article 70 of the 1963 Vienna Convention on Consular
Relations.
2. The provisions of this Agreement apply also, so far as the context permits. to the
exercise of Consular Functions by a Diplomatic Mission.
3. The names of members of the Diplomatic Mission charged with the exercise of
Consular Functions of the mission shall be notified to the Ministry of Foreign Affairs
of the receiving State, including any changes to such members charged with the
exercise of Consular Functions thereafter.
2
Article 3
Exercise of Consular Functions Within and Outside the Consular District or On
Behalf of a Third Party
I. In accordance with the laws and regulations of the receiving State, Consular Officers
are entitled to exercise the Consular Functions within the Consular District. A
Consular Officer may, in special circumstances, with the consent of the receiving
State, exercise his functions outside his Consular District.
2. Upon appropriate notification to the receiving State, a Consular Post or Diplomatic
Mission of the sending State may, unless the receiving State objects, exercise Consular
Functions in the receiving State on behalf of a third State.
Article 4
Communication with the Authorities of the Receiving State
In the exercise of their functions, Consular Officers may address:
a. the local competent authorities of the
ｲ･｣ｩｶｾｮｧ＠
State in the Consular District;
b. the competent central authorities of the receiving State if and to the extent that this is
allowed by the laws, regulations and usages of the receiving State or by relevant
international agreements.
Article 5
Consular Notification Basic Princi ple in respect of Arrest, Detention and Trial
I. If a national of the sending State is arrested, detained or apprehended within the
Consular District of the receiving State, the competent authorities of the receiving
State shall inform him/her without delay of his/her legal rights and options, including
the right to contact his/her Consular Post or Diplomatic Mission, and fadlitate
communication with his/her Consular Post or Diplomatic Mission.
2. The Parties ensure that under reciprocal basis, the detained or apprehended national of
the sending State shall receive fair and equal treatment under the laws of the receiving
State, regardless of his/her migratory status.
3. The Consular Post or Diplomatic Mission of the sending State shall be notified that a
national of that sending State has been detained, apprehended, arrested, imprisoned, or
subjected to any other form of restriction to his/her liberty in the receiving State,
subject to the laws and regulations of the receiving State.
3
Article 6
Notification and Assistances in respect of Detention and Trial
1. The Parties mutually agree that competent authorities of each State shall provide
Consular Post or Diplomatic Mission of each sending State a prompt consular
notification without delay about the detention, apprehension or any other deprivation
of liberty of (a) national(s) of the sending State. with or without his/her prior consent;
2. If relevant laws and regulations of the receiving State do not provide so for the
application of the privacy protection of the detained or apprehended national, the
competent authorities of the receiving State shall provide the Consular Post or
Diplomatic Mission of the sending State with information of the detention or
apprehension of a national of the sending State.
3. Any communication addressed to the Consular Post or Diplomatic Mission by the
detained or apprehended national of the sending State shall be facilitated and
forwarded by the competent authorities of the receiving State to the Consular Post or
Diplomatic Mission of the sending State without delay.
4. A Consular Officer shall have the right to visit and communicate with the detained or
apprehended national of a sending State and to arrange for his or her legal
representation. The competent authorities of the receiving State will make prompt
arrangements for the visit to the said national by such Consular Officer.
5. A detained or apprehended national shall be entitled to receive and send letters and
other correspondence and to receive goods, medicines and other articles for personal
use within the limits imposed by the applicable laws and regulations of the receiving
State.
6. The competent authorities of the receiving State, upon the request of the detainee or
the Consular Officer, shall inform the Consular Officer of the sending State of the
nature and cause of the accusations against the detainee, the time, date and place set
for trial or other proceedings. The Consular Officer shall be entitled to attend such trial
or such other proceedings, provided that such trial or proceedings are held in open
Court. Attendance of the Consular Officer at any trials or proceedings other than those
in open Court shall be subject to the relevant laws and regulations of the receiving
State.
7. Both Parties shall endeavour, in accordance with relevant laws and regulations of each
State, to ensure that specific notification to Consular Post is given in cases involving
the detention of minors, pregnant women and people at risk.
Article 7
Information in Cases of Death
Ifthe relevant information of the death of a national ofthe sending State is available to the
competent authorities of the receiving State, such authorities shall have the duty to inform
4
without delay the nearby Consular Post or Diplomatic Mission of the sending State and
provide, upon the request of the Consular Post or Diplomatic Mission, a death certificate
or a copy of other documents certifying the death.
Article 8
Protection of Minors and Disabled National
I. The competent authorities of the receiving State shall notify the Consular Post or
Diplomatic Mission of the sending State if within the Consular District. a minor of the
sending State shall be put under social institution in the receiving State.
2. The competent authorities of the receiving State shall notify the Consular Post or
Diplomatic Mission of the sending State if within the Consular District, a guardian or
trustee is required for a national of the sending State, including a minor or other person
lacking full capacity. to act on his or her own behalf.
3. A Consular Officer shall be entitled to protect, to the extent permitted by the laws and
regulations of the receiving State, the rights and interests of a national, including a
minor or other person lacking full capacity, of the sending State, and when necessary,
to recommend or designate a guardian or trustee to the person concerned and supervise
the activities pertaining to the guardianship or trusteeship.
Article 9
Consultations
The Parties mutually agree to meet for consultations annually or as needed to review the
consular relationship. Either Party may also seek consultations on individual consular
matters as required from time to time.
Article 10
Amendment
Either Party may request in writing a revision or an amenctment of this Agreement. Any
revision or amendment accepted by the Parties shall be formulated in writing and shall
form part of this Agreement. Such a revision or an amendment shall come into force on
such a date as may be determined l>y the Parties.
Article 11
Settlement of Differences
Any difference arising out of the interpretation and implementation of this Agreement
shall be settled amicably by consultations or negotiation between the Parties without
reference to any third Party or international tribunal.
5
4JHOFE
4JHOFE
ｾ＠
REPUBLIK INDONESIA
AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF HIS MAJESTY THE SULTAN AND YANG
DI-PERTUAN OF BRUNEI DARUSSALAM
ON
CONSULAR NOTIFICATION AND CONSULAR ASSISTANCE
The Government of the Republic of Indonesia and the Government of His Majesty the
Sultan and Yang Di-Pertuan of Brunei Darussalam, hereinafter referred to singularly as
the 'Party' and collectively as the 'Parties'.
RECALLING to the agreed minutes between the two countries on the First Senior
Officials Meeting for the Second Meeting of the Joint Commission for Bilateral
Cooperation, signed on August 18, 2006, at Bandar Seri Begawan, Brunei Darussalam;
CONSIDERING the functions of the Consular Mission in protecting and securing the
rights and interests of the sending State and those of its nationals within the limits
permitted by international law;
DESIRING to develop their consular relations in order to facilitate the protection of the
rights and interests of their nationals who are detained, arrested, deprived of freedom,
undergoing judicial process before national courts of the receiving State or died in
custody;
TAKil\G into account of the need to promote better communication regarding the
consular protection as set out in the 1963 Vienna Convention on Consular Relations and
1961 Vienna Convention on Diplomatic Relations in order to arrange for such
communication and ensure its transparency;
IN ACCORDANCE with the prevailing laws and regulations of the respective countries;
Have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement, the following expressions shall have the meanings
hereunder assigned to them:
I. "Diplomatic Mission'' means official representatives of the sending State in receiving
state who conduct diplomatic functions pursuant to the 1961 Vienna Convention on
Diplomatic ｒ･ｬ｡ｴｩｯｮｳｾ＠
2. "Consular Post" means any consulate-general, consulate, vice-consulate or consular
｡ｧ･ｮ｣ｹｾ＠
3. '"Consular District" means the area assigned to a Consular Post for the exercise of
Consular ｆｵｮ｣ｴｩｯｳｾ＠
4. ""Consular Functions'' refers to those Consular Functions listed in Article 5 ofthe 1963
Vienna Convention on Consular and may be performed by Diplomatic Missions in
accordance with article 3(2) ofthe 1961 Vienna Convention on Diplomatic Relations;
5. ''Head of Consular Post"
ｭ･｡ｮｾ＠
the person charged with the duty of acting in that
｣｡ｰｩｴｹｾ＠
6.
""Consular Officer" means any person, including the head of a Consular Post
entrusted in that capacity with the exercise of Consular Functions.
Article 2
Consular Functions
I. Consular Functions are exercised by Consular Posts. They are also exercised by
Diplomatic Mission in accordance with Article 3 of the 1961 Vienna Convention on
Diplomatic Relations and Article 70 of the 1963 Vienna Convention on Consular
Relations.
2. The provisions of this Agreement apply also, so far as the context permits. to the
exercise of Consular Functions by a Diplomatic Mission.
3. The names of members of the Diplomatic Mission charged with the exercise of
Consular Functions of the mission shall be notified to the Ministry of Foreign Affairs
of the receiving State, including any changes to such members charged with the
exercise of Consular Functions thereafter.
2
Article 3
Exercise of Consular Functions Within and Outside the Consular District or On
Behalf of a Third Party
I. In accordance with the laws and regulations of the receiving State, Consular Officers
are entitled to exercise the Consular Functions within the Consular District. A
Consular Officer may, in special circumstances, with the consent of the receiving
State, exercise his functions outside his Consular District.
2. Upon appropriate notification to the receiving State, a Consular Post or Diplomatic
Mission of the sending State may, unless the receiving State objects, exercise Consular
Functions in the receiving State on behalf of a third State.
Article 4
Communication with the Authorities of the Receiving State
In the exercise of their functions, Consular Officers may address:
a. the local competent authorities of the
ｲ･｣ｩｶｾｮｧ＠
State in the Consular District;
b. the competent central authorities of the receiving State if and to the extent that this is
allowed by the laws, regulations and usages of the receiving State or by relevant
international agreements.
Article 5
Consular Notification Basic Princi ple in respect of Arrest, Detention and Trial
I. If a national of the sending State is arrested, detained or apprehended within the
Consular District of the receiving State, the competent authorities of the receiving
State shall inform him/her without delay of his/her legal rights and options, including
the right to contact his/her Consular Post or Diplomatic Mission, and fadlitate
communication with his/her Consular Post or Diplomatic Mission.
2. The Parties ensure that under reciprocal basis, the detained or apprehended national of
the sending State shall receive fair and equal treatment under the laws of the receiving
State, regardless of his/her migratory status.
3. The Consular Post or Diplomatic Mission of the sending State shall be notified that a
national of that sending State has been detained, apprehended, arrested, imprisoned, or
subjected to any other form of restriction to his/her liberty in the receiving State,
subject to the laws and regulations of the receiving State.
3
Article 6
Notification and Assistances in respect of Detention and Trial
1. The Parties mutually agree that competent authorities of each State shall provide
Consular Post or Diplomatic Mission of each sending State a prompt consular
notification without delay about the detention, apprehension or any other deprivation
of liberty of (a) national(s) of the sending State. with or without his/her prior consent;
2. If relevant laws and regulations of the receiving State do not provide so for the
application of the privacy protection of the detained or apprehended national, the
competent authorities of the receiving State shall provide the Consular Post or
Diplomatic Mission of the sending State with information of the detention or
apprehension of a national of the sending State.
3. Any communication addressed to the Consular Post or Diplomatic Mission by the
detained or apprehended national of the sending State shall be facilitated and
forwarded by the competent authorities of the receiving State to the Consular Post or
Diplomatic Mission of the sending State without delay.
4. A Consular Officer shall have the right to visit and communicate with the detained or
apprehended national of a sending State and to arrange for his or her legal
representation. The competent authorities of the receiving State will make prompt
arrangements for the visit to the said national by such Consular Officer.
5. A detained or apprehended national shall be entitled to receive and send letters and
other correspondence and to receive goods, medicines and other articles for personal
use within the limits imposed by the applicable laws and regulations of the receiving
State.
6. The competent authorities of the receiving State, upon the request of the detainee or
the Consular Officer, shall inform the Consular Officer of the sending State of the
nature and cause of the accusations against the detainee, the time, date and place set
for trial or other proceedings. The Consular Officer shall be entitled to attend such trial
or such other proceedings, provided that such trial or proceedings are held in open
Court. Attendance of the Consular Officer at any trials or proceedings other than those
in open Court shall be subject to the relevant laws and regulations of the receiving
State.
7. Both Parties shall endeavour, in accordance with relevant laws and regulations of each
State, to ensure that specific notification to Consular Post is given in cases involving
the detention of minors, pregnant women and people at risk.
Article 7
Information in Cases of Death
Ifthe relevant information of the death of a national ofthe sending State is available to the
competent authorities of the receiving State, such authorities shall have the duty to inform
4
without delay the nearby Consular Post or Diplomatic Mission of the sending State and
provide, upon the request of the Consular Post or Diplomatic Mission, a death certificate
or a copy of other documents certifying the death.
Article 8
Protection of Minors and Disabled National
I. The competent authorities of the receiving State shall notify the Consular Post or
Diplomatic Mission of the sending State if within the Consular District. a minor of the
sending State shall be put under social institution in the receiving State.
2. The competent authorities of the receiving State shall notify the Consular Post or
Diplomatic Mission of the sending State if within the Consular District, a guardian or
trustee is required for a national of the sending State, including a minor or other person
lacking full capacity. to act on his or her own behalf.
3. A Consular Officer shall be entitled to protect, to the extent permitted by the laws and
regulations of the receiving State, the rights and interests of a national, including a
minor or other person lacking full capacity, of the sending State, and when necessary,
to recommend or designate a guardian or trustee to the person concerned and supervise
the activities pertaining to the guardianship or trusteeship.
Article 9
Consultations
The Parties mutually agree to meet for consultations annually or as needed to review the
consular relationship. Either Party may also seek consultations on individual consular
matters as required from time to time.
Article 10
Amendment
Either Party may request in writing a revision or an amenctment of this Agreement. Any
revision or amendment accepted by the Parties shall be formulated in writing and shall
form part of this Agreement. Such a revision or an amendment shall come into force on
such a date as may be determined l>y the Parties.
Article 11
Settlement of Differences
Any difference arising out of the interpretation and implementation of this Agreement
shall be settled amicably by consultations or negotiation between the Parties without
reference to any third Party or international tribunal.
5
4JHOFE
4JHOFE