Treaty Room - Treaty
..
Kreditanstalt
fiir Wiederautbau
COPY - CONFIDENTIAL
Kredltanatalt fiir Wlederaufbau
Palmengarten1tra8e 5-9
8000 Frankfurt am Main 1
Direktorat Jendral Moneter
Luar Negeri
Departemen Keuangan
Jalan Lapangan Banteng Timur 2-4
J akarta
PalmengartenstraBe 5-9
6000 Frankfurt am Main 1
Telefon (0611) 7431-1
Telex: 411352
Telegrammadresse:
Kredltanstalt Frankfurtmain
_Republic of Indonesia
•
lhre Nachricht
your !altar
votra lattra
au cert•
lhr Zalchetl
youralgn
votre,.,._
au referenda
Bearbtlltar
officer In charge
employ• com.,.tent
funclOnario encergado
Dr . Heydenreich
Re: L III b I
Unser Zelchtn
ouralgn
noire r•t•rence
nua1tr1 referencl1
Hey/Kel
Ourchwahl
e•tenalon
.. tenalon
..1en1l6n
2208
Datum
date
date
fech1
10/ 3 /19 81
DM 30 Mi llion Loan for Road-Construction-Equipment
East-Kalimantan
Loan No . AL 80 65 484
Dear Sirs,
The Loan Agreement entered into between the Republic of Indonesia
("Borr ower ") and Kr e ditanstalt filr Wi e d era ufb a u ("K reditansta lt")
on
10 / 3/1981
provides that the follo wing be d e te r mined
by separate agreement:
Pursuant to Article 1.2
the details of the Project as well as the
goods and services to be fi n a nc ed fro m the
Loan;
pursuant to Article 2.1
the disbu rse ment procedure, in particular the
evidence to be f u rnis hed by the Borrower f o r the
disbu rse ment of the Loan proving the u se of t h e
loan amounts for the purpose sti pul ate d in the
above Loan Ag ree ment ;
pursuant to Article 7 .2
the details pertaining to Articl e 7 . 1
(Execution of the Project) .
Deutsche Bundeabank Frankfurt (BLZ 504 00000) Girokonto 504 09100 · Postacheckamt Frankfurt (BLZ 500100 60) Konto 498 37 609
2
Therefore, we propose that the following be agreed upon:
I.
Details of the Project as well as Determination of
the Goods and Services
(1)
According to the documentation available to Kreditan stalt and the negotiations held by it witl1 the Borrower,
the Project comprises the following measures at the
estimated costs so far used as basis. Not included in
this equipment list are the costs in local currency for
vehicles, 10 to trucks and fuel barges, which will be
financed by the Borrower .
P r o j e c t
•
•
Pas.
Item
1.
Earth Moving Equipment
2.
Foreign Exchange
Cost
= Total Cost
in 1.000 US$
Amount to be
paid from the
Loan
in 1.000 DM*)
5,855
10, 575
Mi nor Pl.ant
26G
480
3.
Tru c k s
90B
1,640
4.
'l 'ra i
?BO
50b
5.
Building s and Plant
732
1, 322
6.
Storage Tank s
190
343
7.
Generating Equipment
275
497
8.
Communication Equipment
76
137
9.
Concrete Production Equipment
60
108
ｬｐｲｾ［＠
and v,-in s
10.
General Equipment
406
733
11.
Pre stressed Bridge Beam
Equipment
330
596
1 L. •
Miscellaneou s Equipment
396
715
13.
Optional Add. Crushing
Equipment
i.-13
Subtotal A
14 .
Contingencies
15.
Subtotal B
16.
Spare Parts for 4 construction years
568
----
--
1,026
10,342
18,678
2,586
4,670
12,928
23,348
3,683
6,652
-
-----
--
30,000
16, 6 11
1 7.
Total
-------------==========================-========-=--=---==== - --=-- ---=----=--==-==========
---------*) Converted at the rate of 1 US$
DM 1 .8061
3
Should there be any indication of major changes in the
measures stated in the above list of project measures or
in the cost estimates, Kreditanstalt shall be informed
without delay . Execution of such
ｭ･｡ｳｵｲｾ＠
shall commence
only on the basis of revised planning and after Kredit anstal t has given its consent.
(2) The list of goods and services to be financed from the
Loan shall be prepared on the basis of the contracts
concluded for such goods and services. Accordingly,
Kreditanstalt shall be furnished with a copy of each
•
contract .
Having checked the contracts, Kreditanstalt shall trans mit to the Borrower, represented by Bina Marga, numbered
letters stating the amounts which have been reserved
for the financing from the Loan and send him the
List of Goods and Services ("LOGAS")
as supplemented from case to case .
(3) When concluding contracts for goods and services to
be financed from the Loan, the following principles
shall be adhered to by the Borrower, represented by
Bina Marga:
(a) The payment conditions of the contracts shall be in
line with commercial practice.
(b) To safeguard the advance payments and the due imple mentation of the contracts, the contracts shall pro vide for appropriate advance payment and performance
guarantees to be given by banks or insurance companies.
4
(c) As according to Article 1 .3 of the Loan Agreement
no import duties shall be financed from the Loan,
such i mport duties, if part of the contract value ,
shall be stated separately in the contracts to be
concluded for the c1oods and scrvic0s ana .in the
invoices.
(d)
It shall be ensured that the goods to be financed
from the Loan are insured adequately and to the
customary extent against transport risks so that
their replacement or repair is possible . Such
insurance shall be taken out in a freely conver-
•
tible currency as far as foreign exchange costs
accruing to the Borrower shall be financed.
(e) It shall be ensured that all contracts for goods and
services, if payable from the Loan, contain a provision to the effect that any re imbursements, insurance, guarantee or similar claimable payments
shall be made for the account of the Borrower to
Kreditanstalt into its account No. 504 091 00 with
Deutsche Bundesbank, Frankfurt am Main, with Kreditanstalt crediting him with the amounts. Such funds
may be re-utilized in accord with Kreditanstalt for
the execution of the Project .
II.
Disbursement Procedure
The ''List of Goods and Services" shall be the basis for
the payments to be made from the Loan.
Having fulfilled all contractual prerequisites for the
disbursement of loan amounts, the Borrower may avail him self of the Loan in conformity with the progress of the
Project in the following three ways:
The Borrower, represented by Bina Marga, may apply for
reimbursement by Kreditanstalt of the amounts paid by
him (Reimbursement Procedure) ;
the Borrower, represented by Bina Marga, may have the
amounts paid by Kreditanstalt to the beneficiary direct
if and when such invoiced amounts fall due (Direct Disbursement Procedure) ;
if payment by letter of credit of a commercial bank
has been agreed upon Kreditanstalt may be instructed
to reimburse the payments to be made under the letter
of credit (Letter of Credit Disbursement Procedure).
Kreditanstalt shall not be liable for delays in the dis bursement and remittance of loan amounts caused by the
•
transferring banking institutions . In the case of fault on
the part of Kreditanstalt, its liability shall be limited to
payment of the interest accrued in this context.
For disbursements from the Loan, the procedures shall be
as follows:
Reimbursement Procedure
(1) The Borrower shall pay in full the amounts due and
thereafter apply to Kreditanstalt for reimbursement of
such amounts as according to the "List of Goods and
Services" shall be financed from the Loan.
(2) To avoid frequent disbursement of minor amounts reimbursement shall be applied for quarterly . However, if
the amount to be reimbursed exceeds the equivalent of
DM 500,000 .-- , reimbursement may be applied for imme diately .
(3) Requests for Disbursement of the amounts to be reimbursed shall be filed by the Borrower with Kreditanstalt
in conformity with the attached standard form; such
Requests shall be numbered consecutively and signed by
the representatives of the Borrower authorized vis-a vis Kreditanstalt.
The Requests for Disbursement shall be supported by the
following documents:
6
(a) Copies of commercial invoices for the goods and services for which reimbur sement of costs is requested.
The invoices shall contain the same specification
as agreed upon in the supply and service contract.
Payment in full of the invoices shall be confirmed
to Kreditanstalt, with the date and mode of payment
stated (e.g. cheque, bank transfer).
(b) The copies of the invoices shall be certified by the
GTZ-team in charge of advisory services to confirm
that the goods and services so invoiced have been
supplied and rendered according to contract and that
•
payment was due .
(c) A declaration to the effect that the goods and services have not already been financed from grants
or long-term loans.
(d)
In the case of supplies from abroad, copies of the
shipping documents (e.g. on-board bill of lading,
consignment note, airway bill) stating the name and
flag of the vessel or the type and nationality of
any other means of transport, the kind and quantity
of the goods shipped as well as place and date of
shipment.
(e) As the case may be, copies of the guarantees to be
given in accordance with the contract for goods and
services, copies of acceptance certificates.
(4) For payments which at the Borrower's request are made
by Kreditanstalt in a currency other than Deutsche Mark,
Kreditanstalt shall debit the Borrower with such a mount s
in Deutsche Mark as were paid by it to procure such
other currency, inclusive of incidental charges.
7
Direct Disbursement Procedure
(1) The Borrower having requested disbursement, Kreditanstalt
shall pay the costs of the project execution to be f inanced from the Loan and stated in the "List .....Q..LGoods
and Services" directly to the contractors of the
goods and services for account of the Borrower.
(2) The Borrower shall request Kreditanstalt to disburse the
amounts to be financed from the Loan by submitting a request made out in conformity with the standard form
attached hereto; the Requests for Disbursement shall be
numbered consecutively and signed by the representatives
of the Borrower authorized vis - a - vis Kreditanstalt.
The Requests for Disbursement shall be supported by the
following documents:
(a) Copies of commercial invoices for such goods and
services as shall be paid from the Loan. The invoices
shall contain the same specification as agreed upon
in the supply and service contract.
(b) The copies of the invoices and schedules shall be
certified by the GTZ - Team in charge of advisory services to confirm that the goods and services so in voiced have been supplied and rendered according to
contract and that payment is due.
(c) In the case of supplies from abroad, copies of the
shipping documents (e.g . on - board bill of lading,
consignment note, airway bill)
stating the name and
flag of the vessel or the type and nationality of
any other means of transport, the kind and quantity
of the goods shipped as well as place and date of
shipment.
(d) As the case may be, copies of the guarantees to be
given in accordance with the contract for goods and
services, copies of acceptance certificates.
8
(3) For payments which at the Borrower's request are made
by Kreditanstalt in a currency other than Deutsche Mark,
Kreditanstalt shall debit the Borrower with such amounts
in Deutsche Mark as were paid by it to procure such
other currency, inclusive of incidental charges.
Letter of Credit Disbursement Procedure
(1) When instructing his bank to open letters of credit, the
Borrower shall take care that the goods and services for
which the documents shall be issued and all other pro visions of the letters of credit are in conformity with
the provisions of the contracts for goods and services .
The letters of credit shall contain the following note:
''Financial Co-operation with Indonesia/Loan No. AL 80
65 484". The letters of credit shall stipulate that at
least the following documents shall be submitted:
(a) A copy of the commercial invoice for the commodity
and service to be paid. The invoices shall contain
the same specifications as agreed upon in the supply
and service contract.
(b) Shipping documents (e.g. on - board bill of lading,
consignment note, airway bill)
stating the type and
nationality of the means of transport, the kind and
quantity of the goods shipped as well as place and
date of shipment .
(c) Copies of freight notes if also transport charges
shall be paid under the letter of credit.
(d) As the case may be, copies of the guarantees to be
given in accordance with the contract for goods and
services, copies of acceptance certificates.
(2) To enable Kreditanstalt to reimburse from the Loan such
amounts as are payable under the letters of credit, the
Borrower hereby authorizes Kreditanstalt irrevocably to
make the payments stipulated in the letters of credit to
------------------------------------------9
the b a nks which advise or confirm the letters of credit
(Correspondent Banks) to the contractors of the goods
and services, and to issue the respective Agreements to
Disburse to these banks in accordance with the "General
Conditions of Kreditanstalt fur Wiederaufbau ("Kre ditan s t alt")
for Payments Und er the Letter of Credit Dis bu rse-
ment Procedu re" attac h ed hereto .
(3) The Borrower s h a ll ca u se h is bank which opens the
letters of credit to instruct the Correspondent Banks
to send Kreditanstalt two copies each of the letters of
credit . The delivery of such copies s h all be considered
to be a Request for Disbur sement within the meaning of
the Loan Agreement.
By returning to the Correspondent Bank one copy of the
letter of credit bearing a stamp signed by Kreditan stalt, Kreditanstalt s h all confirm its will ingness to
mak e payments up to the amount of t h e letter of credit
in acc orda nce with the a bove - mentioned General Con ditions .
(4) As soon as the Corre sp ondent Bank ha s received a nd
checked the documents stipulated in the letter of credit
and has found them to be in order, it s h all se nd Kreditansta lt a Request for Di sburseme nt in conformity with
the standard form attach ed hereto to wh ic h copies of
the documents specified under ( 1) ,
(a) to (d) shall be
attach ed . The Requests for Disbursement may cover several
payments to be made under one and the same letter of
credit (collective request).
(5)
If the Request for Di sbursement is found to be in order
Kreditanstalt shall remit the amount requested to the
Correspondent Bank . Such remittance s h all be considered
to be a disbursement within the meaning of the Loan
Ag ree ment .
(6) For payments wh ic h in accordance with the l etter of
cre dit are ma de by Kreditanstalt in a currency othe r than
Deutsche Ma rk, Kreditanstalt shall debit the Borrower
with such amounts in Deutsche Mark as were paid by it
to procure such other currency, inclusive of incidental
charges .
10
III. Execution of the Project
( 1 ) The Directorate General of Highways (Bina Marga) of the
Ministry of Public Works is responsible for the execu tion of the Project . The time-table and the cost and
financing schedule required for the proper technical
and financial execution of the Project shall be prepared
as soon as possible by Bina Marga in co-operation with
the GTZ-Team and shall be submitted to Kreditanstalt.
Such schedule shall show the presumable timing and coordination of the individual project measures and the
re-sulting financial requirements, by dates and amounts.
If any deviation fro m such schedule becomes necessary
in the course of the execution of the Project Kreditanstalt shall be furnished with the revised schedule.
(2) The duties of the GTZ - Team shall comprise the planning
of the Project, the preparation of the tender documents,
advisory services to the Borrower in connection with the
award of contracts for goods and services (evaluation of
bids, proposals as to the award of contract, drafting of
contracts), the supervision of deliveries and of the
putting into operation, certificates of acceptance.
(3) The contracts for goods and all other services shall be
awarded, in co-operation with the GTZ-Team by way of
international public competitive bidding.
The tender documents shall be submitted to Kreditanstalt
for comment in due course prior to publication of the
invitation to tender. Such invitation to tender shall be
published at least simultaneously with the other publi cations in the "Nachrichten flir Aussenhandel"
(NfA) of the
Bundesstelle flir Aussenhandelsinformation
Blaubach 13
D - 5000
K
o
1 n
FEDERAL REPUBLIC OF GERMANY
under the heading "Finanzielle und Technische Zusammenarbei t der Bu ndesrepublik Deutschland (Financial and
Technical Co-operation o f the Federal Republic of Germany ) . The Bundesstelle flir Aussenhandelsinfo rmation
11
shall be furnished with a copy of the tender documents
through the Indonesian e mbassy, free of charge, prior
to publication of the invitation to tender. Publication
in the NfA is free of charge.
The bidding period shall be fixed .in sucl1 a way as to
give the bidders sufficient time to prepare their bids.
(4) The bids shall be evaluated by way of comparison by the
GTZ - Team or by Bina Marga in co - operation with the GTZ Team . The evaluation of bids and the substantiated pro posal for awarding the contract , which shall bear the
certification of the GTZ - Team or be accompanied by their
separate comments, shall be submitted to Kreditanstalt
early enough for it to make its comments before any con tracts are awarded.
Kreditanstalt reserves the right to demand new competi tive bidding if it is obvious that the lowest bid considerably exceeds reasonable cost estimates and if such
new competitive bidding can be expected to result in much
cheaper bids.
Prior to the conclusion of a contract for goods and services, Kreditanstalt shall be furnished for comment with
the draft contract as agreed upon, duly provided with
the visa of the GTZ - Team. The same shall apply to sub sequent modifying or amending agreements , if any .
(5) The Borrower shall until further notice report to Kre ditanstalt quarterly on the progress of the Project .
Such reports shall cover the points stated in the list
attached hereto (Memo for Progress Reports) . The first
report on the state of affairs shall be submitted as
of March 31, 1981. The reports shall be duly countersigned by the GTZ - Team.
After completion of the Project, the Borrower shall re port on its further development. Kreditanstalt shall in
due course inform the Borrower about the details, in
particular the period, to be reported on.
12
( 6 ) Please send all documents we need for preparing the
comments and approvals agreed u po n above so ear l y as to
give us s u ff ici ent time for their examin ation.
IV.
The above stipulations may at any time be amended or mod ified by mutual consent if this s hould appear u sef ul for the
execution of the Project or the implementation of the Loan
Agreement. In addition, the provisions of Article 6.3 and 8
of the Loan Agreement shall apply to this agreement accordingly.
Please confirm your approval of the above agreement by signing
in a legally binding form and returning the enclosed copies
in German and in English.
We enclose herewith copies of the present letter in German and
Eng li sh asking you to be so kind as t o forward th e m (on e copy
eac h)
to Bina Marga a nd i .n due course to th e GTZ-Team.
Yours faithfully,
KREDITANSTALT FUR W1EDERAUFBAU
Signed
Encls .
Standard forms of Requests
for Disbursement under the
Reimbursement and Direct
DisbursemeNt Procedure
Letter of Credit Disbursement
Procedure - General Conditions
Standard for m t f Request for
Disbursement i
Memo for Progt ss Reports
Signed
Signed
Encl. 1
Page 1
ｾ
｟ ｱ｟ｵ･Ｚ＾
｟ ｾ Ｎ ｊｾ＿｟ＡＺＧ
Ｎ＠ ｊＩ
｟ｳ ｢ｕｬ
ｾ＠ ｳ･
｟ ｭ ｾ｟ｊ｝ｬ
Ｎ＠
under the Reimbursement Procedure
Borrower
(place)
(date)
Kreditanstalt flir Wiederaufbau
Palmengartenstrasse 5 - 9
D - 6000 Frankfurt am Main
Federal Republic of Germany
Re: L III b I
Loan Agreement dated 10/3/1981
for DM 3 0 Milliom
Loan No . AL 80 65 484
Request for Disbursement No .
(Reimbursement Procedure)
In conformity with the contracts specified below, copies of which
were forwarded to you, the following goods and services were duly
supplied and paid by us :
Item
No.*)
Contract for goods/
services dated .... .
with . . . . . . . . . . . . . . .
Invoice
No . . . . . . . . .
dated ..... .
*) Item of the "List . of Goods and Services"
Amount
Mode and date
of payment
Encl. 1
Page 2
According to the "List of Goods and Serv ices" , the following
amounts paid by u s s h all be rei mbu rsed fr om the Loan:
Amounts paid
Amounts to be reimburse d
Please remit the total amount to be reimbursed of
to the account
account No .
with
• .••.....•..••••.••.....•••.•
....................................
(bank)
Copies of the above-mentioned invoices, and sc h edules respectively,
the certificates of the GTZ-Team in c h arge o f the s upervi sion of
deliv eries, as stipulated in ou r Separate Agreement dated ........ .
as well as e vid ence of the p ayments made by us are encl o sed h erewith .
Fo r your information we enclose h erewith , as agreed, c op ies of
the shipping documents of the s uppli es from abroad.
We declare t h at the above-mentioned goods / services have not
already been financed from grants or long-term loans.
We await your debit advice for the disbursement effected by you.
(Signature of t he Borrower's
authorized representative)
Encls.
Encl. 2
Page 1
Request f o r Disbursement
under the Direct Disbur sement Proc e du re
Borrower
(place)
(date)
Kreditanstalt flir Wiederaufbau
Palmengartenstrasse 5 -
9
D - 6000 Frankfurt am Main
Federal Republic of Germany
Re: L III b I
Loan Agreement
dated 10/3/1981
for DM 30 Million
Loan No . AL 80 65 484
Request for Di sbursement No.
(Di rect Di sbu rsemen t Procedure)
In conformity with the contracts specified below, copies of whi c h
were forwarded to you, the following goods/services were duly
supplied and are to be paid:
Item
No.*)
Contract for goods/
services dated .....
with . . . . . . . . . . . . . . .
Invoice
No.
• ••••..•
dated ..... .
*) Item of the "List of Goods and Services"
Amount
Encl. 2
Page 2
Accordinq to the "List of Goods and Services", the following
amounls of: the pnym0nts due sh.::i l l be paid from the Loan, whi.ch
we ask you to disburse as follows:
Amount
to the firm
bank and account No.
Such amounts of the invoices as shall not be paid from the Loan
have been paid by us as follows:
Amount
to the firm
mode and date of payment
Copies of the above-mentioned invoices, and schedules respectively, the certificates of the GTZ - Team in charge of the supervision
of deliveries, as stipul ated in our Separate Agreement dated
. . . . . . . . . . . . . . . . as well as the evidences of payment of such in voiced amounts as shall not be paid from the Loan are enclosed
here with.
For your information we enclose herewith, as agreed, copies of
the shipping documents of the supplies from abroad.
We await your debit advices for the disbursements made by you.
(Signature of the Borrower's
authorized representative)
Encls.
Encl. 3
Page 1
General Conditions of Kreditanstalt flir Wiederaufbau
("Kreditanstalt") for Payments Under the Letter of
Credit Disbursement Procedure
Th e following conditions apply to payments made by Kreditanstalt to commercial banks which advised or confirmed letters
of credit (Correspondent Banks)
in connection with a loan gr a nt ed
by Kreditanstalt under the Financial Co - operation Scheme.
(1)
By returning to the Correspondent Bank one copy of the
letter of credit bearing the stamp*)
signed by Kredit-
anstalt, Kreditanstalt agrees to make payments to the
Correspondent Bank in accordance with the provisions of
the present Conditions up to the amount stated in the
letter of credit upon all Requests for Disbursement
which is submitted by the Correspondent Bank in conformity with the enclosed standard form and for which
the Correspondent Bank has received the proper documents
during the life of the letter of credit.
(2)
Kreditanstalt shall not be obliged to make further payments if
(a)
pursuant to the Loan Agreement it is entitled vis a - vis the Borrower to suspend disbu rsement, or
*) The stamp of Kreditanstalt reads as follows (translation):
"Agreement to Disburse No . . . . . . . : In accordance with the
attached General Conditions of Kreditanstalt flir Wiederauf bau for Payments Under the Letter of Credit Disbursement
Procedure we agree to disburse up to the amount of
DM . . . . . . . . . . . . . . . . subject to our letter dated ........... .
Frankfurt am Main, ....•......
KREDITANSTALT FUR WIEDERAUFBAU"
Encl.
3
Page 2
(b)
the Correspondent Bank violates the provisions of
the present General Conditions.
ln !:'; ucll CilSL'S ｬ｜ｲ｣､ｴ＼Ｑ
ｮＡ
ｾ ｌＱｬｴ＠
s h ;1 ll
i.nrn1cdi_dll'ly
11 ut
il-y
l lH'
Correspondent Bank. However, no claims for damages may be
derived from any default or delay in the transmission of
such notification.
(3)
If the letter of credit has been opened in Deutsche Mark
Kreditanstalt shall make payments up to the amount of the
letter of credit . If the letter of credit has been opened
in a currency other than Deutsche Mark , Kreditanstalt shall
make payments to the Correspondent Bank in the currency
stated in the letter of credit up to the amount of such
letter of credit, however only up to such equivalent as
Kreditanstalt is able to procure at the current maximum
exchange rate for the DM-amount reserved for the letter
of credit.
(4)
Kreditanstalt is prepared to remit to the Correspondent
Bank the amounts to be disbursed as early as when the
Correspondent Bank confirms by cable or telex that payment is due pursuant to the conditions of the letter of
•
credit, and upon examination of the relevant documents .
Kreditanstalt will make the remittance to the Correspondent Bank on account of such cable or telex confirmation
with the proviso that Kreditanstalt receives a proper
Request for Disbursement within one week; the Request for
Disbursement may also cover several payments under one
and the same letter of credit (collective request).
(5)
Kreditanstalt shall not be obliged to pay or refund any
expenses, commissions, interest or other charges payable
in connection with the letters of credit.
Encl. 3
Page 3
(6)
If letters of credit are modified or transferred without
Kreditanstalt's express approval, Kreditanstalt shall be
entitled to refuse to make any further disbursements.
Therefore, the Correspondent Bank shall immediately notify
Kr 0dita n sta lt of sucl1 modific atio ns, or transfers, of the
l
(7)
ｌＧｨｾｲｳ＠
of
cred it .
Upon payment of the la st of the goods a nd services unde r
the respective letter of credit, the Correspondent Bank
shall also inform Kreditanstalt about the amount not uti lized, if any.
(8)
Th e Correspondent Bank undertakes vis-a-vis Kreditanstalt
to check the documents in line with banking practice and
in conformity with the uniform rules and practices for
documentary credits.
(9)
The legal relationship between Kreditanstalt and the
Correspondent Bank shall be governed by the law of the
Federal Republic of Germany. In case of doubt as to the
interpretation of the present General Conditions, the
German text shall b e controlling. Place of performance
•
and venue shall be Frankfurt am Main .
Standard form of
Request for Disbursement vide page 4 and 5
Page 4
Standard Form of "Request for Disbursement"
Correspondent Bank
(plac e )
(dat e )
Krcditanstalt £Ur Wicdera ufb n u
i' ul mcnqartenstrc1sse 5-9
D -
6000 Fr a nk f urt a m Ma in
Federal Republic of Germany
•
Re: L III b I
Financial Co-operation with Indonesia
Road Construction Equipment East Kalimantan
Your Loan No . AL 80 65 484
L/C opened by . . . . . . . . . . . . . . (bank) No .
Your Agreement to Disburse No . . . . . . . . .
Our L/C No. . . . . . . . . . . . . . . . .
Request for Disbursement
In conformity with the conditions of the above l e tt er ( s ) of
credit, we have received docume nts relating to the d c U .v e r y of
(quantity and specification according to th e L/C)
Gross weight or volume . . . . . . . . . . . Country of origin ........ .
Th e gbods were s hippe d
on . . . . . . . . . . . . . . . . . . . from . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . .
•
by * )
rail
f 1 ag
vessel (n a me )
bill of l a ding No.
.................. .
. . . . . . . . . . . . . . . . . issued on . . . . . . . . . . . . . .
plane of the air line (name a nd nationality)
.............................................................
To e vidence the delivery/ies we enclose the following document s:
supplier's invoices (copies)
shipping documents (non - negotiable copies)
freight note (if freight charges are payable under the L/C)
other documents :
*) Delete as appropriate.
Encl. 3
Page 5
Re ferring to your
ｾｱｲ｣･ｭｮｴ＠
to ni s burse as well as to the
General Conditions of Kreditanstalt fUr Wiederaufbau ("Kreditanstalt") for Payments under the Letter of Credit Disbursement
Procedure, we request you to remit the total amount of
............................
which is due under the l etter ( s ) of credit
by mail*)
by cable*)
(cable expe ns es to b e born e by u s )
to our account No . . . . . . . . . . . . . . . . with . . . . . . . . . . . . . . . . .
•
Thi s Request for Disbursement was advised to you on .......... .
by cable/telex*) .
The letter(s) of credit, on a copy of which you gav e us your
Agreement(s) to Disburse, has (have) not been cancelled or
modified without your approval.
Remarks:
............................
(Seal and s ignature)
•
*) De lete as appropriate or - in the case of
collective requests - specify on a separate sheet.
Encl. 4
Page-,-Memo for Progress Reports
'l'hc reports on the progress of the project to be submitted
quarterly by the Borrower shall cover at l east the following points :
(1)
List of Project Measures
(in accordance with the measures stated under Section I
(1)
of the Separate Agreement)
Progress made in the period under report; changes, if any,
•
in the planning, giving reasons therefor .
( 2)
Activities of the GTZ-Team
Award of contract; kind of services rendered and activities
of personnel engaged at the project site.
(3)
Award of Contracts for Goods and Services
Tender procedure; deadlines; results and evaluation
of bids; award of contract.
(4)
•
Activities of Suppliers and Contractors
(broken down according to the list of project measures
stated above under (1))
Supplies:
Kind and quantity; delivery dates;
guarantees; acceptance at factory;
acceptance at project site.
Transport:
Kind and volume; duration; insuran ces; storage at construction site;
Putting into Operation :
Final acceptances; test runs;
operating results; repairs/replacements.
Encl. 4
Page 2
( 5)
Adherence to Time Schedule
Comparison of
ｴ｡ｲｧ･ｾ＠
with actual vaJ_ucs; reasons for
c h anges in the time sc h edule; description s of effects on
the progress of the project.
(6)
State of Accounts and Disbursements
regarding the goods and services stated in the list
specified above under (1) .
(7)
Adherence to Cost and Financing Schedule
Comparison of targets with actual values; proposed financing of cost increases, if any.
It is recommended to use graphic presentations (bar c h arts
or CPM/PERT network)
to show the flow of goods and the perfor -
mance of services and the incurrence of costs. The progress
reports shall be se nt to Kreditanstalt within four weeks after
the end of the period under report .
•
Kreditanstalt
fiir Wiederaufbau
ABSCHRIFT - VERTRAULICH
Kredltanstalt fi.ir Wlederaufbau
PalmangartenstraBe 5-9
8000 Frankfurt am Main 1
Direktorat Jendral Moneter
Luar Negeri
Departemen Keuangan
Jalan Lapangan Banteng Timur 2-4
Jakarta
Palmengartenstra8e 5-9
6000 Frankfurt am Main 1
Telefon (0611) 7431-1
Telex: 411352
Telegrammadresse:
Kreditanstalt Frankfurtmain
-Republik Indonesien
lhre Nachrlcht
your letter
votre lettre
IU cartl
•
lhr Zelchen
your 1lgn
votre ,.t•rence
1u relerencle
lleerbelter
officer in charge
employ• ｣ｯｭｾｴ･ｮ＠
luncionarto encarg1do
Dr . Heydenreich
Unser Zeichen
our sign
noire r•i.rence
nuestra referencia
Durchwah l
extension
extension
extensi6n
Hey/Kel
2208
Datum
date
date
lee he
10.3.1981
Betr.: L III b I DM 30 Mio-Darlehen fur StraBenbaugerat Ost-Kalimantan
Darlehens-Nr. AL 80 65 484
Sehr geehrte Herren!
GernaB dem zwischen der Republik Indonesien ("Darlehensnehmer") und
der Kreditanstalt fur Wiederaufbau ("Kreditanstalt") am 10.3 . 1981
geschlossenen Darlehensvertrag sind durch besondere Vereinbarungen
zu regeln:
Nach Artikel · 1 . 2
die Einzelheiten des Projekts sowie die
Bestimmung der Lieferungen und Leistungen, die
aus dem Darlehen f inanziert werden sollen,
nach Artikel 2.1
das Auszahlungsverfahren, insbesondere der
vom Darl ehensnehme r fur die Auszahlung zu
erbringende Nachweis fur die vereinbarungs gemaBe Verwendung der Darlehensbetrage,
nach Artikel 7.2
die Einzelheiten zu Artikel 7.1
(Projektdurchfuhrung) .
Deutsche Bundeabank Frankfurt (BLZ 504 000 00) Girokonto 504 09100 · Postscheckamt Frankfurt (BLZ 500100 60) Kon to 498 37 609
-
..
---
--··-----------------------------------2
Wir schlagen vor, zu diesem Zweck folgendes zu vereinbaren :
I.
Einzelheiten des Projekts sowie Bestimmung der
Lieferungen und Leistungen
1 . Nach den der Kreditanstalt vo rliegenden Unterlagen und
den von ihr rnit dem Darlehensnehmer gefuhrten Verhand lungen umfaBt das Projekt folgende MaBnahmen mit den
bishcr zugrunde gelegten Schatzkosten. Diese Gertite liste enthalt nicht die Kosten in Inlandswahrung fur
Gelandewagen, 10 t-Lastkraftwagen und Versorgungsboote
fur Betriebsstoffe, die vom Darlehensnehmer finanziert
werden .
•
P r o j e k t
Pos.
1.
I MaBnahmen
Devisenkosten
= Gesamtkosten
in 1. 000 US$
Gerate fur Erd - und Fahrbahnbau
Aus dem Darlehen
zu finanz i eren
in 1.000 DM*)
5.855
10 .5 75
266
180
l.
Kreditanstalt
fiir Wiederautbau
COPY - CONFIDENTIAL
Kredltanatalt fiir Wlederaufbau
Palmengarten1tra8e 5-9
8000 Frankfurt am Main 1
Direktorat Jendral Moneter
Luar Negeri
Departemen Keuangan
Jalan Lapangan Banteng Timur 2-4
J akarta
PalmengartenstraBe 5-9
6000 Frankfurt am Main 1
Telefon (0611) 7431-1
Telex: 411352
Telegrammadresse:
Kredltanstalt Frankfurtmain
_Republic of Indonesia
•
lhre Nachricht
your !altar
votra lattra
au cert•
lhr Zalchetl
youralgn
votre,.,._
au referenda
Bearbtlltar
officer In charge
employ• com.,.tent
funclOnario encergado
Dr . Heydenreich
Re: L III b I
Unser Zelchtn
ouralgn
noire r•t•rence
nua1tr1 referencl1
Hey/Kel
Ourchwahl
e•tenalon
.. tenalon
..1en1l6n
2208
Datum
date
date
fech1
10/ 3 /19 81
DM 30 Mi llion Loan for Road-Construction-Equipment
East-Kalimantan
Loan No . AL 80 65 484
Dear Sirs,
The Loan Agreement entered into between the Republic of Indonesia
("Borr ower ") and Kr e ditanstalt filr Wi e d era ufb a u ("K reditansta lt")
on
10 / 3/1981
provides that the follo wing be d e te r mined
by separate agreement:
Pursuant to Article 1.2
the details of the Project as well as the
goods and services to be fi n a nc ed fro m the
Loan;
pursuant to Article 2.1
the disbu rse ment procedure, in particular the
evidence to be f u rnis hed by the Borrower f o r the
disbu rse ment of the Loan proving the u se of t h e
loan amounts for the purpose sti pul ate d in the
above Loan Ag ree ment ;
pursuant to Article 7 .2
the details pertaining to Articl e 7 . 1
(Execution of the Project) .
Deutsche Bundeabank Frankfurt (BLZ 504 00000) Girokonto 504 09100 · Postacheckamt Frankfurt (BLZ 500100 60) Konto 498 37 609
2
Therefore, we propose that the following be agreed upon:
I.
Details of the Project as well as Determination of
the Goods and Services
(1)
According to the documentation available to Kreditan stalt and the negotiations held by it witl1 the Borrower,
the Project comprises the following measures at the
estimated costs so far used as basis. Not included in
this equipment list are the costs in local currency for
vehicles, 10 to trucks and fuel barges, which will be
financed by the Borrower .
P r o j e c t
•
•
Pas.
Item
1.
Earth Moving Equipment
2.
Foreign Exchange
Cost
= Total Cost
in 1.000 US$
Amount to be
paid from the
Loan
in 1.000 DM*)
5,855
10, 575
Mi nor Pl.ant
26G
480
3.
Tru c k s
90B
1,640
4.
'l 'ra i
?BO
50b
5.
Building s and Plant
732
1, 322
6.
Storage Tank s
190
343
7.
Generating Equipment
275
497
8.
Communication Equipment
76
137
9.
Concrete Production Equipment
60
108
ｬｐｲｾ［＠
and v,-in s
10.
General Equipment
406
733
11.
Pre stressed Bridge Beam
Equipment
330
596
1 L. •
Miscellaneou s Equipment
396
715
13.
Optional Add. Crushing
Equipment
i.-13
Subtotal A
14 .
Contingencies
15.
Subtotal B
16.
Spare Parts for 4 construction years
568
----
--
1,026
10,342
18,678
2,586
4,670
12,928
23,348
3,683
6,652
-
-----
--
30,000
16, 6 11
1 7.
Total
-------------==========================-========-=--=---==== - --=-- ---=----=--==-==========
---------*) Converted at the rate of 1 US$
DM 1 .8061
3
Should there be any indication of major changes in the
measures stated in the above list of project measures or
in the cost estimates, Kreditanstalt shall be informed
without delay . Execution of such
ｭ･｡ｳｵｲｾ＠
shall commence
only on the basis of revised planning and after Kredit anstal t has given its consent.
(2) The list of goods and services to be financed from the
Loan shall be prepared on the basis of the contracts
concluded for such goods and services. Accordingly,
Kreditanstalt shall be furnished with a copy of each
•
contract .
Having checked the contracts, Kreditanstalt shall trans mit to the Borrower, represented by Bina Marga, numbered
letters stating the amounts which have been reserved
for the financing from the Loan and send him the
List of Goods and Services ("LOGAS")
as supplemented from case to case .
(3) When concluding contracts for goods and services to
be financed from the Loan, the following principles
shall be adhered to by the Borrower, represented by
Bina Marga:
(a) The payment conditions of the contracts shall be in
line with commercial practice.
(b) To safeguard the advance payments and the due imple mentation of the contracts, the contracts shall pro vide for appropriate advance payment and performance
guarantees to be given by banks or insurance companies.
4
(c) As according to Article 1 .3 of the Loan Agreement
no import duties shall be financed from the Loan,
such i mport duties, if part of the contract value ,
shall be stated separately in the contracts to be
concluded for the c1oods and scrvic0s ana .in the
invoices.
(d)
It shall be ensured that the goods to be financed
from the Loan are insured adequately and to the
customary extent against transport risks so that
their replacement or repair is possible . Such
insurance shall be taken out in a freely conver-
•
tible currency as far as foreign exchange costs
accruing to the Borrower shall be financed.
(e) It shall be ensured that all contracts for goods and
services, if payable from the Loan, contain a provision to the effect that any re imbursements, insurance, guarantee or similar claimable payments
shall be made for the account of the Borrower to
Kreditanstalt into its account No. 504 091 00 with
Deutsche Bundesbank, Frankfurt am Main, with Kreditanstalt crediting him with the amounts. Such funds
may be re-utilized in accord with Kreditanstalt for
the execution of the Project .
II.
Disbursement Procedure
The ''List of Goods and Services" shall be the basis for
the payments to be made from the Loan.
Having fulfilled all contractual prerequisites for the
disbursement of loan amounts, the Borrower may avail him self of the Loan in conformity with the progress of the
Project in the following three ways:
The Borrower, represented by Bina Marga, may apply for
reimbursement by Kreditanstalt of the amounts paid by
him (Reimbursement Procedure) ;
the Borrower, represented by Bina Marga, may have the
amounts paid by Kreditanstalt to the beneficiary direct
if and when such invoiced amounts fall due (Direct Disbursement Procedure) ;
if payment by letter of credit of a commercial bank
has been agreed upon Kreditanstalt may be instructed
to reimburse the payments to be made under the letter
of credit (Letter of Credit Disbursement Procedure).
Kreditanstalt shall not be liable for delays in the dis bursement and remittance of loan amounts caused by the
•
transferring banking institutions . In the case of fault on
the part of Kreditanstalt, its liability shall be limited to
payment of the interest accrued in this context.
For disbursements from the Loan, the procedures shall be
as follows:
Reimbursement Procedure
(1) The Borrower shall pay in full the amounts due and
thereafter apply to Kreditanstalt for reimbursement of
such amounts as according to the "List of Goods and
Services" shall be financed from the Loan.
(2) To avoid frequent disbursement of minor amounts reimbursement shall be applied for quarterly . However, if
the amount to be reimbursed exceeds the equivalent of
DM 500,000 .-- , reimbursement may be applied for imme diately .
(3) Requests for Disbursement of the amounts to be reimbursed shall be filed by the Borrower with Kreditanstalt
in conformity with the attached standard form; such
Requests shall be numbered consecutively and signed by
the representatives of the Borrower authorized vis-a vis Kreditanstalt.
The Requests for Disbursement shall be supported by the
following documents:
6
(a) Copies of commercial invoices for the goods and services for which reimbur sement of costs is requested.
The invoices shall contain the same specification
as agreed upon in the supply and service contract.
Payment in full of the invoices shall be confirmed
to Kreditanstalt, with the date and mode of payment
stated (e.g. cheque, bank transfer).
(b) The copies of the invoices shall be certified by the
GTZ-team in charge of advisory services to confirm
that the goods and services so invoiced have been
supplied and rendered according to contract and that
•
payment was due .
(c) A declaration to the effect that the goods and services have not already been financed from grants
or long-term loans.
(d)
In the case of supplies from abroad, copies of the
shipping documents (e.g. on-board bill of lading,
consignment note, airway bill) stating the name and
flag of the vessel or the type and nationality of
any other means of transport, the kind and quantity
of the goods shipped as well as place and date of
shipment.
(e) As the case may be, copies of the guarantees to be
given in accordance with the contract for goods and
services, copies of acceptance certificates.
(4) For payments which at the Borrower's request are made
by Kreditanstalt in a currency other than Deutsche Mark,
Kreditanstalt shall debit the Borrower with such a mount s
in Deutsche Mark as were paid by it to procure such
other currency, inclusive of incidental charges.
7
Direct Disbursement Procedure
(1) The Borrower having requested disbursement, Kreditanstalt
shall pay the costs of the project execution to be f inanced from the Loan and stated in the "List .....Q..LGoods
and Services" directly to the contractors of the
goods and services for account of the Borrower.
(2) The Borrower shall request Kreditanstalt to disburse the
amounts to be financed from the Loan by submitting a request made out in conformity with the standard form
attached hereto; the Requests for Disbursement shall be
numbered consecutively and signed by the representatives
of the Borrower authorized vis - a - vis Kreditanstalt.
The Requests for Disbursement shall be supported by the
following documents:
(a) Copies of commercial invoices for such goods and
services as shall be paid from the Loan. The invoices
shall contain the same specification as agreed upon
in the supply and service contract.
(b) The copies of the invoices and schedules shall be
certified by the GTZ - Team in charge of advisory services to confirm that the goods and services so in voiced have been supplied and rendered according to
contract and that payment is due.
(c) In the case of supplies from abroad, copies of the
shipping documents (e.g . on - board bill of lading,
consignment note, airway bill)
stating the name and
flag of the vessel or the type and nationality of
any other means of transport, the kind and quantity
of the goods shipped as well as place and date of
shipment.
(d) As the case may be, copies of the guarantees to be
given in accordance with the contract for goods and
services, copies of acceptance certificates.
8
(3) For payments which at the Borrower's request are made
by Kreditanstalt in a currency other than Deutsche Mark,
Kreditanstalt shall debit the Borrower with such amounts
in Deutsche Mark as were paid by it to procure such
other currency, inclusive of incidental charges.
Letter of Credit Disbursement Procedure
(1) When instructing his bank to open letters of credit, the
Borrower shall take care that the goods and services for
which the documents shall be issued and all other pro visions of the letters of credit are in conformity with
the provisions of the contracts for goods and services .
The letters of credit shall contain the following note:
''Financial Co-operation with Indonesia/Loan No. AL 80
65 484". The letters of credit shall stipulate that at
least the following documents shall be submitted:
(a) A copy of the commercial invoice for the commodity
and service to be paid. The invoices shall contain
the same specifications as agreed upon in the supply
and service contract.
(b) Shipping documents (e.g. on - board bill of lading,
consignment note, airway bill)
stating the type and
nationality of the means of transport, the kind and
quantity of the goods shipped as well as place and
date of shipment .
(c) Copies of freight notes if also transport charges
shall be paid under the letter of credit.
(d) As the case may be, copies of the guarantees to be
given in accordance with the contract for goods and
services, copies of acceptance certificates.
(2) To enable Kreditanstalt to reimburse from the Loan such
amounts as are payable under the letters of credit, the
Borrower hereby authorizes Kreditanstalt irrevocably to
make the payments stipulated in the letters of credit to
------------------------------------------9
the b a nks which advise or confirm the letters of credit
(Correspondent Banks) to the contractors of the goods
and services, and to issue the respective Agreements to
Disburse to these banks in accordance with the "General
Conditions of Kreditanstalt fur Wiederaufbau ("Kre ditan s t alt")
for Payments Und er the Letter of Credit Dis bu rse-
ment Procedu re" attac h ed hereto .
(3) The Borrower s h a ll ca u se h is bank which opens the
letters of credit to instruct the Correspondent Banks
to send Kreditanstalt two copies each of the letters of
credit . The delivery of such copies s h all be considered
to be a Request for Disbur sement within the meaning of
the Loan Agreement.
By returning to the Correspondent Bank one copy of the
letter of credit bearing a stamp signed by Kreditan stalt, Kreditanstalt s h all confirm its will ingness to
mak e payments up to the amount of t h e letter of credit
in acc orda nce with the a bove - mentioned General Con ditions .
(4) As soon as the Corre sp ondent Bank ha s received a nd
checked the documents stipulated in the letter of credit
and has found them to be in order, it s h all se nd Kreditansta lt a Request for Di sburseme nt in conformity with
the standard form attach ed hereto to wh ic h copies of
the documents specified under ( 1) ,
(a) to (d) shall be
attach ed . The Requests for Disbursement may cover several
payments to be made under one and the same letter of
credit (collective request).
(5)
If the Request for Di sbursement is found to be in order
Kreditanstalt shall remit the amount requested to the
Correspondent Bank . Such remittance s h all be considered
to be a disbursement within the meaning of the Loan
Ag ree ment .
(6) For payments wh ic h in accordance with the l etter of
cre dit are ma de by Kreditanstalt in a currency othe r than
Deutsche Ma rk, Kreditanstalt shall debit the Borrower
with such amounts in Deutsche Mark as were paid by it
to procure such other currency, inclusive of incidental
charges .
10
III. Execution of the Project
( 1 ) The Directorate General of Highways (Bina Marga) of the
Ministry of Public Works is responsible for the execu tion of the Project . The time-table and the cost and
financing schedule required for the proper technical
and financial execution of the Project shall be prepared
as soon as possible by Bina Marga in co-operation with
the GTZ-Team and shall be submitted to Kreditanstalt.
Such schedule shall show the presumable timing and coordination of the individual project measures and the
re-sulting financial requirements, by dates and amounts.
If any deviation fro m such schedule becomes necessary
in the course of the execution of the Project Kreditanstalt shall be furnished with the revised schedule.
(2) The duties of the GTZ - Team shall comprise the planning
of the Project, the preparation of the tender documents,
advisory services to the Borrower in connection with the
award of contracts for goods and services (evaluation of
bids, proposals as to the award of contract, drafting of
contracts), the supervision of deliveries and of the
putting into operation, certificates of acceptance.
(3) The contracts for goods and all other services shall be
awarded, in co-operation with the GTZ-Team by way of
international public competitive bidding.
The tender documents shall be submitted to Kreditanstalt
for comment in due course prior to publication of the
invitation to tender. Such invitation to tender shall be
published at least simultaneously with the other publi cations in the "Nachrichten flir Aussenhandel"
(NfA) of the
Bundesstelle flir Aussenhandelsinformation
Blaubach 13
D - 5000
K
o
1 n
FEDERAL REPUBLIC OF GERMANY
under the heading "Finanzielle und Technische Zusammenarbei t der Bu ndesrepublik Deutschland (Financial and
Technical Co-operation o f the Federal Republic of Germany ) . The Bundesstelle flir Aussenhandelsinfo rmation
11
shall be furnished with a copy of the tender documents
through the Indonesian e mbassy, free of charge, prior
to publication of the invitation to tender. Publication
in the NfA is free of charge.
The bidding period shall be fixed .in sucl1 a way as to
give the bidders sufficient time to prepare their bids.
(4) The bids shall be evaluated by way of comparison by the
GTZ - Team or by Bina Marga in co - operation with the GTZ Team . The evaluation of bids and the substantiated pro posal for awarding the contract , which shall bear the
certification of the GTZ - Team or be accompanied by their
separate comments, shall be submitted to Kreditanstalt
early enough for it to make its comments before any con tracts are awarded.
Kreditanstalt reserves the right to demand new competi tive bidding if it is obvious that the lowest bid considerably exceeds reasonable cost estimates and if such
new competitive bidding can be expected to result in much
cheaper bids.
Prior to the conclusion of a contract for goods and services, Kreditanstalt shall be furnished for comment with
the draft contract as agreed upon, duly provided with
the visa of the GTZ - Team. The same shall apply to sub sequent modifying or amending agreements , if any .
(5) The Borrower shall until further notice report to Kre ditanstalt quarterly on the progress of the Project .
Such reports shall cover the points stated in the list
attached hereto (Memo for Progress Reports) . The first
report on the state of affairs shall be submitted as
of March 31, 1981. The reports shall be duly countersigned by the GTZ - Team.
After completion of the Project, the Borrower shall re port on its further development. Kreditanstalt shall in
due course inform the Borrower about the details, in
particular the period, to be reported on.
12
( 6 ) Please send all documents we need for preparing the
comments and approvals agreed u po n above so ear l y as to
give us s u ff ici ent time for their examin ation.
IV.
The above stipulations may at any time be amended or mod ified by mutual consent if this s hould appear u sef ul for the
execution of the Project or the implementation of the Loan
Agreement. In addition, the provisions of Article 6.3 and 8
of the Loan Agreement shall apply to this agreement accordingly.
Please confirm your approval of the above agreement by signing
in a legally binding form and returning the enclosed copies
in German and in English.
We enclose herewith copies of the present letter in German and
Eng li sh asking you to be so kind as t o forward th e m (on e copy
eac h)
to Bina Marga a nd i .n due course to th e GTZ-Team.
Yours faithfully,
KREDITANSTALT FUR W1EDERAUFBAU
Signed
Encls .
Standard forms of Requests
for Disbursement under the
Reimbursement and Direct
DisbursemeNt Procedure
Letter of Credit Disbursement
Procedure - General Conditions
Standard for m t f Request for
Disbursement i
Memo for Progt ss Reports
Signed
Signed
Encl. 1
Page 1
ｾ
｟ ｱ｟ｵ･Ｚ＾
｟ ｾ Ｎ ｊｾ＿｟ＡＺＧ
Ｎ＠ ｊＩ
｟ｳ ｢ｕｬ
ｾ＠ ｳ･
｟ ｭ ｾ｟ｊ｝ｬ
Ｎ＠
under the Reimbursement Procedure
Borrower
(place)
(date)
Kreditanstalt flir Wiederaufbau
Palmengartenstrasse 5 - 9
D - 6000 Frankfurt am Main
Federal Republic of Germany
Re: L III b I
Loan Agreement dated 10/3/1981
for DM 3 0 Milliom
Loan No . AL 80 65 484
Request for Disbursement No .
(Reimbursement Procedure)
In conformity with the contracts specified below, copies of which
were forwarded to you, the following goods and services were duly
supplied and paid by us :
Item
No.*)
Contract for goods/
services dated .... .
with . . . . . . . . . . . . . . .
Invoice
No . . . . . . . . .
dated ..... .
*) Item of the "List . of Goods and Services"
Amount
Mode and date
of payment
Encl. 1
Page 2
According to the "List of Goods and Serv ices" , the following
amounts paid by u s s h all be rei mbu rsed fr om the Loan:
Amounts paid
Amounts to be reimburse d
Please remit the total amount to be reimbursed of
to the account
account No .
with
• .••.....•..••••.••.....•••.•
....................................
(bank)
Copies of the above-mentioned invoices, and sc h edules respectively,
the certificates of the GTZ-Team in c h arge o f the s upervi sion of
deliv eries, as stipulated in ou r Separate Agreement dated ........ .
as well as e vid ence of the p ayments made by us are encl o sed h erewith .
Fo r your information we enclose h erewith , as agreed, c op ies of
the shipping documents of the s uppli es from abroad.
We declare t h at the above-mentioned goods / services have not
already been financed from grants or long-term loans.
We await your debit advice for the disbursement effected by you.
(Signature of t he Borrower's
authorized representative)
Encls.
Encl. 2
Page 1
Request f o r Disbursement
under the Direct Disbur sement Proc e du re
Borrower
(place)
(date)
Kreditanstalt flir Wiederaufbau
Palmengartenstrasse 5 -
9
D - 6000 Frankfurt am Main
Federal Republic of Germany
Re: L III b I
Loan Agreement
dated 10/3/1981
for DM 30 Million
Loan No . AL 80 65 484
Request for Di sbursement No.
(Di rect Di sbu rsemen t Procedure)
In conformity with the contracts specified below, copies of whi c h
were forwarded to you, the following goods/services were duly
supplied and are to be paid:
Item
No.*)
Contract for goods/
services dated .....
with . . . . . . . . . . . . . . .
Invoice
No.
• ••••..•
dated ..... .
*) Item of the "List of Goods and Services"
Amount
Encl. 2
Page 2
Accordinq to the "List of Goods and Services", the following
amounls of: the pnym0nts due sh.::i l l be paid from the Loan, whi.ch
we ask you to disburse as follows:
Amount
to the firm
bank and account No.
Such amounts of the invoices as shall not be paid from the Loan
have been paid by us as follows:
Amount
to the firm
mode and date of payment
Copies of the above-mentioned invoices, and schedules respectively, the certificates of the GTZ - Team in charge of the supervision
of deliveries, as stipul ated in our Separate Agreement dated
. . . . . . . . . . . . . . . . as well as the evidences of payment of such in voiced amounts as shall not be paid from the Loan are enclosed
here with.
For your information we enclose herewith, as agreed, copies of
the shipping documents of the supplies from abroad.
We await your debit advices for the disbursements made by you.
(Signature of the Borrower's
authorized representative)
Encls.
Encl. 3
Page 1
General Conditions of Kreditanstalt flir Wiederaufbau
("Kreditanstalt") for Payments Under the Letter of
Credit Disbursement Procedure
Th e following conditions apply to payments made by Kreditanstalt to commercial banks which advised or confirmed letters
of credit (Correspondent Banks)
in connection with a loan gr a nt ed
by Kreditanstalt under the Financial Co - operation Scheme.
(1)
By returning to the Correspondent Bank one copy of the
letter of credit bearing the stamp*)
signed by Kredit-
anstalt, Kreditanstalt agrees to make payments to the
Correspondent Bank in accordance with the provisions of
the present Conditions up to the amount stated in the
letter of credit upon all Requests for Disbursement
which is submitted by the Correspondent Bank in conformity with the enclosed standard form and for which
the Correspondent Bank has received the proper documents
during the life of the letter of credit.
(2)
Kreditanstalt shall not be obliged to make further payments if
(a)
pursuant to the Loan Agreement it is entitled vis a - vis the Borrower to suspend disbu rsement, or
*) The stamp of Kreditanstalt reads as follows (translation):
"Agreement to Disburse No . . . . . . . : In accordance with the
attached General Conditions of Kreditanstalt flir Wiederauf bau for Payments Under the Letter of Credit Disbursement
Procedure we agree to disburse up to the amount of
DM . . . . . . . . . . . . . . . . subject to our letter dated ........... .
Frankfurt am Main, ....•......
KREDITANSTALT FUR WIEDERAUFBAU"
Encl.
3
Page 2
(b)
the Correspondent Bank violates the provisions of
the present General Conditions.
ln !:'; ucll CilSL'S ｬ｜ｲ｣､ｴ＼Ｑ
ｮＡ
ｾ ｌＱｬｴ＠
s h ;1 ll
i.nrn1cdi_dll'ly
11 ut
il-y
l lH'
Correspondent Bank. However, no claims for damages may be
derived from any default or delay in the transmission of
such notification.
(3)
If the letter of credit has been opened in Deutsche Mark
Kreditanstalt shall make payments up to the amount of the
letter of credit . If the letter of credit has been opened
in a currency other than Deutsche Mark , Kreditanstalt shall
make payments to the Correspondent Bank in the currency
stated in the letter of credit up to the amount of such
letter of credit, however only up to such equivalent as
Kreditanstalt is able to procure at the current maximum
exchange rate for the DM-amount reserved for the letter
of credit.
(4)
Kreditanstalt is prepared to remit to the Correspondent
Bank the amounts to be disbursed as early as when the
Correspondent Bank confirms by cable or telex that payment is due pursuant to the conditions of the letter of
•
credit, and upon examination of the relevant documents .
Kreditanstalt will make the remittance to the Correspondent Bank on account of such cable or telex confirmation
with the proviso that Kreditanstalt receives a proper
Request for Disbursement within one week; the Request for
Disbursement may also cover several payments under one
and the same letter of credit (collective request).
(5)
Kreditanstalt shall not be obliged to pay or refund any
expenses, commissions, interest or other charges payable
in connection with the letters of credit.
Encl. 3
Page 3
(6)
If letters of credit are modified or transferred without
Kreditanstalt's express approval, Kreditanstalt shall be
entitled to refuse to make any further disbursements.
Therefore, the Correspondent Bank shall immediately notify
Kr 0dita n sta lt of sucl1 modific atio ns, or transfers, of the
l
(7)
ｌＧｨｾｲｳ＠
of
cred it .
Upon payment of the la st of the goods a nd services unde r
the respective letter of credit, the Correspondent Bank
shall also inform Kreditanstalt about the amount not uti lized, if any.
(8)
Th e Correspondent Bank undertakes vis-a-vis Kreditanstalt
to check the documents in line with banking practice and
in conformity with the uniform rules and practices for
documentary credits.
(9)
The legal relationship between Kreditanstalt and the
Correspondent Bank shall be governed by the law of the
Federal Republic of Germany. In case of doubt as to the
interpretation of the present General Conditions, the
German text shall b e controlling. Place of performance
•
and venue shall be Frankfurt am Main .
Standard form of
Request for Disbursement vide page 4 and 5
Page 4
Standard Form of "Request for Disbursement"
Correspondent Bank
(plac e )
(dat e )
Krcditanstalt £Ur Wicdera ufb n u
i' ul mcnqartenstrc1sse 5-9
D -
6000 Fr a nk f urt a m Ma in
Federal Republic of Germany
•
Re: L III b I
Financial Co-operation with Indonesia
Road Construction Equipment East Kalimantan
Your Loan No . AL 80 65 484
L/C opened by . . . . . . . . . . . . . . (bank) No .
Your Agreement to Disburse No . . . . . . . . .
Our L/C No. . . . . . . . . . . . . . . . .
Request for Disbursement
In conformity with the conditions of the above l e tt er ( s ) of
credit, we have received docume nts relating to the d c U .v e r y of
(quantity and specification according to th e L/C)
Gross weight or volume . . . . . . . . . . . Country of origin ........ .
Th e gbods were s hippe d
on . . . . . . . . . . . . . . . . . . . from . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . .
•
by * )
rail
f 1 ag
vessel (n a me )
bill of l a ding No.
.................. .
. . . . . . . . . . . . . . . . . issued on . . . . . . . . . . . . . .
plane of the air line (name a nd nationality)
.............................................................
To e vidence the delivery/ies we enclose the following document s:
supplier's invoices (copies)
shipping documents (non - negotiable copies)
freight note (if freight charges are payable under the L/C)
other documents :
*) Delete as appropriate.
Encl. 3
Page 5
Re ferring to your
ｾｱｲ｣･ｭｮｴ＠
to ni s burse as well as to the
General Conditions of Kreditanstalt fUr Wiederaufbau ("Kreditanstalt") for Payments under the Letter of Credit Disbursement
Procedure, we request you to remit the total amount of
............................
which is due under the l etter ( s ) of credit
by mail*)
by cable*)
(cable expe ns es to b e born e by u s )
to our account No . . . . . . . . . . . . . . . . with . . . . . . . . . . . . . . . . .
•
Thi s Request for Disbursement was advised to you on .......... .
by cable/telex*) .
The letter(s) of credit, on a copy of which you gav e us your
Agreement(s) to Disburse, has (have) not been cancelled or
modified without your approval.
Remarks:
............................
(Seal and s ignature)
•
*) De lete as appropriate or - in the case of
collective requests - specify on a separate sheet.
Encl. 4
Page-,-Memo for Progress Reports
'l'hc reports on the progress of the project to be submitted
quarterly by the Borrower shall cover at l east the following points :
(1)
List of Project Measures
(in accordance with the measures stated under Section I
(1)
of the Separate Agreement)
Progress made in the period under report; changes, if any,
•
in the planning, giving reasons therefor .
( 2)
Activities of the GTZ-Team
Award of contract; kind of services rendered and activities
of personnel engaged at the project site.
(3)
Award of Contracts for Goods and Services
Tender procedure; deadlines; results and evaluation
of bids; award of contract.
(4)
•
Activities of Suppliers and Contractors
(broken down according to the list of project measures
stated above under (1))
Supplies:
Kind and quantity; delivery dates;
guarantees; acceptance at factory;
acceptance at project site.
Transport:
Kind and volume; duration; insuran ces; storage at construction site;
Putting into Operation :
Final acceptances; test runs;
operating results; repairs/replacements.
Encl. 4
Page 2
( 5)
Adherence to Time Schedule
Comparison of
ｴ｡ｲｧ･ｾ＠
with actual vaJ_ucs; reasons for
c h anges in the time sc h edule; description s of effects on
the progress of the project.
(6)
State of Accounts and Disbursements
regarding the goods and services stated in the list
specified above under (1) .
(7)
Adherence to Cost and Financing Schedule
Comparison of targets with actual values; proposed financing of cost increases, if any.
It is recommended to use graphic presentations (bar c h arts
or CPM/PERT network)
to show the flow of goods and the perfor -
mance of services and the incurrence of costs. The progress
reports shall be se nt to Kreditanstalt within four weeks after
the end of the period under report .
•
Kreditanstalt
fiir Wiederaufbau
ABSCHRIFT - VERTRAULICH
Kredltanstalt fi.ir Wlederaufbau
PalmangartenstraBe 5-9
8000 Frankfurt am Main 1
Direktorat Jendral Moneter
Luar Negeri
Departemen Keuangan
Jalan Lapangan Banteng Timur 2-4
Jakarta
Palmengartenstra8e 5-9
6000 Frankfurt am Main 1
Telefon (0611) 7431-1
Telex: 411352
Telegrammadresse:
Kreditanstalt Frankfurtmain
-Republik Indonesien
lhre Nachrlcht
your letter
votre lettre
IU cartl
•
lhr Zelchen
your 1lgn
votre ,.t•rence
1u relerencle
lleerbelter
officer in charge
employ• ｣ｯｭｾｴ･ｮ＠
luncionarto encarg1do
Dr . Heydenreich
Unser Zeichen
our sign
noire r•i.rence
nuestra referencia
Durchwah l
extension
extension
extensi6n
Hey/Kel
2208
Datum
date
date
lee he
10.3.1981
Betr.: L III b I DM 30 Mio-Darlehen fur StraBenbaugerat Ost-Kalimantan
Darlehens-Nr. AL 80 65 484
Sehr geehrte Herren!
GernaB dem zwischen der Republik Indonesien ("Darlehensnehmer") und
der Kreditanstalt fur Wiederaufbau ("Kreditanstalt") am 10.3 . 1981
geschlossenen Darlehensvertrag sind durch besondere Vereinbarungen
zu regeln:
Nach Artikel · 1 . 2
die Einzelheiten des Projekts sowie die
Bestimmung der Lieferungen und Leistungen, die
aus dem Darlehen f inanziert werden sollen,
nach Artikel 2.1
das Auszahlungsverfahren, insbesondere der
vom Darl ehensnehme r fur die Auszahlung zu
erbringende Nachweis fur die vereinbarungs gemaBe Verwendung der Darlehensbetrage,
nach Artikel 7.2
die Einzelheiten zu Artikel 7.1
(Projektdurchfuhrung) .
Deutsche Bundeabank Frankfurt (BLZ 504 000 00) Girokonto 504 09100 · Postscheckamt Frankfurt (BLZ 500100 60) Kon to 498 37 609
-
..
---
--··-----------------------------------2
Wir schlagen vor, zu diesem Zweck folgendes zu vereinbaren :
I.
Einzelheiten des Projekts sowie Bestimmung der
Lieferungen und Leistungen
1 . Nach den der Kreditanstalt vo rliegenden Unterlagen und
den von ihr rnit dem Darlehensnehmer gefuhrten Verhand lungen umfaBt das Projekt folgende MaBnahmen mit den
bishcr zugrunde gelegten Schatzkosten. Diese Gertite liste enthalt nicht die Kosten in Inlandswahrung fur
Gelandewagen, 10 t-Lastkraftwagen und Versorgungsboote
fur Betriebsstoffe, die vom Darlehensnehmer finanziert
werden .
•
P r o j e k t
Pos.
1.
I MaBnahmen
Devisenkosten
= Gesamtkosten
in 1. 000 US$
Gerate fur Erd - und Fahrbahnbau
Aus dem Darlehen
zu finanz i eren
in 1.000 DM*)
5.855
10 .5 75
266
180
l.