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(1)

A G R E E M E N T BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF I NDONESIA AND

THE GOVERNMENT OF THE KINGDOM OF BELGIUM CONCERNING FINANCIAL CO-OPERATION

(2)

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND

THE GOVERNMENT OF THE KINGDOM OF BELGIUM CONCERNING FINANCIAL CO-OPERATION

The Government of the Republic of Indonesia and the Government of the Kingdom of Belgium;

Considering the establishment in 1967 Governmental Group on Indonesia (hereafter Group") with the purpose to contribute to development of the Republic of Indonesia;

of an Inter-called "the the economic

Considering that Belgium participates in the activities of the Group since its establishment;

Considering that by the Royal Decree Nr. law of 10 August 1981,

the law of 3 June 1964, modified 75 of 10 November 1967 and by the and the Royal Decree No. 526 of 31 March 1987 authorize the Belgian Minister of Finance and the Belgian Minister in charge of Foreign Trade to grant loans to foreign States;

Desiring that the financial co-operation provided for in the present Agreement should be made available within the framework of the joint co-operation undertaken by the members of the Group with a view to facilitate the implementation of the programme relating to the Development Plan of the Republic of Indonesia;

(3)

- 2

-Have agreed on the following:

Article 1 Payments

1. The Government of the Republic of Indonesia shall be granted by the Government of the Kingdom of Belgium financial co-operation in the form of a non-interest bearing loan amounting to three hundred fifty (350) million Belgian Francs.

2. This financial co-operation shall be made available to the Government of the Republic of Indonesia through one payment which shall be made in Belgian Francs into a non-interest bearing account in the name of the Republic of Indonesia, Minister of Finance, Directorate General of the Budget, opened with the National Bank of Belgium. This payment will be effected as soon as possible after the formalities as provided under Article 7 of the present Agreement have been complied with.

Article 2 Repayments

1. The loan granted under this Agreement shall be repaid by the Government of the Republic of Indonesia to the Government of the Kingdom of Belgium in twenty installments, each amounting to seventeen million five hundred thousand (17.500.000) Belgian Francs.

(4)

The loan utilized by the

Article 3

Utilization of the loan

provided under this Agreement Government of the Republic of

shall be Indonesia for the purchase of Belgian capital goods or services related thereto in conformity with the needs of the Development Plan of the Republic of Indonesia.

The technical procedures for implementing the provisions of this Article shall be determined jointly by an exchange of letters between the Government of the Kingdom of Belgium and the Government of the Republic of Indonesia.

Article 4

Payments effected in accordance with this Agreement for settlement of the principal shall be free of all existing or future charges or taxes of whatever description, for which such payments could be liable under any legal provisions or regulations of whatever description of the Kingdom of Belgium and the Republic of Indonesia respectively.

Article 5

(5)

4

-Article 6

The National Bank of Belgium and the Minister of Finance of Indonesia acting as agents of their respective Governments, shall by joint Agreements take the te c hnical measures required for the implementation of the provisions of this Agreement.

Article 7

The provisions of this Agreement will become effective at a date

establishing

to that

be determined by an exchange of notes the formalities required by the national legislation of each of the Contracting Parties for the implementation of this Agreement have been complied with.

IN WITNESS WHEREOF the undersigned, duly empowered to this end, have afficxed their signature to this Agreement.

Done at Jakarta, エTNLNエ[LNNセ@ セセヲ@ セゥョ@ two originals in English language. ,YI' Y

FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA

Signed

POEDJI KOENTARSO

Director General for Foreign Economic Relations,

Department of Foreign Affairs.

FOR THE GOVERNMENT OF i'HE KINGDOM OF BELGIUM

Signed

(6)

Excellency,

With a view to implementing the provisions of

Article 3 of the Agreement reached today between the

Government of the Kingdom of Belgium and the Government

of the Republic of Indonesia, I have the pleasure in

suggesting that the following technical procedure be adopted:

1. The sums in Belgian Francs made available to Indonesia

under Article 1 ( thereinafter referred to as 11 sums

in Belgian Francs 11

) shall be used for down payments

and progress payment in favour of persons and firms

whose trading activity is located in Belgium,

amounting to approximately one third of the value

of contracts for the supply of Belgian substation

and transmission line equipments and services related

thereto for Sumatra, Java and Kalimantan.

2. The Ministry

Development

of Foreign Affairs, Foreign Trade and

Cooperation of Belgium may request the

of the Republic of Indonesia to supply Government

any information as may be necessary to ascertain

whether the payments due for the performance of the

relevant contract are in conformity with the objective

of the Agreement.

His Excellency,

Mr. Poedji Koentarso

Director General for Foreign

Economic Relations,

Departmentof Foreign Affairs.

(7)

- 2

-3. In accordance with article 6 of the Agreement, the technical measures required for the execution of its provisions will be taken, by joint agreement between the National Bank of Belgium and the Minister of Finance of Indonesia on the initiative of the former; the latter solely will be empowered to nominate or revoke the officials authorized to dispose of the account opened by virtue of article 1 of the agreement and he will notify his decision, through diplomatic channels, to the National Bank of Belgium. As soon as these technical measures will have been taken, the Minister of Finance of Indonesia, or the persons duly authorized by him, may forward to the National Bank of Belgium irrevocable payment orders against the sum in Belgian Francs in respect of payments

contracts.

provided for by the above-mentioned

The execution of these payment orders shall be subordinated to the formal approval by the Belgian Ministry of Foreign Affairs,

Development Cooperation.

External Trade and

I should be grateful if you would kindly confirm that Your Government agrees with these provisions.

Please 。」」セーエL@ Excellency, my highest consideration.

the assurances of

Signed

NESTOR COCKX

(8)

Excellency,

In conformity with Article 7 of the Agreement

between the Government of the Kingdom of Belgium and

the Government of the Republic of Indonesia relating

to the granting of financial assistance by the Government

of the Kingdom of Belgium to the Government of the

Republic of Indonesia, signed at Jakarta, on

I have the honour to inform Your Excellency

that the formalities required by the legislation of

Belgium for the enforcement of the Agreement have been

duly complied with.

Consequently, I would propose that the date of

entry into effect of the Agreement be fixed as today's

date.

I avail myself of this opportunity to renew to

Your Excellency the

consideration.

His Exce l lency ,

Mr . Poedji Koent arso ,

Directo r Gene r al fo r For eign

Economi c Rela t i ons,

Department of For e i gn Affa i rs .

assurances of my highest

Signed

NESTOR COCKX

Ambassador Extraordinary

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