KEPPRES No. 54 Tahun 1999

Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
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Keputusan Presiden ini dengan penempatannya dalam Lembaran Negara
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Ditetapkan di Jakarta
pada tanggal 4 Juni 1999
PRESIDEN REPUBLIK INDONESIA
ttd.
BACHARUDDIN JUSUF HABIBIE
Diundangkan di Jakarta
pada tanggal 4 Juni 1999
MENTERI NEGARA SEKRETARIS NEGARA
REPUBLIK INDONESIA
AD INTERIM
ttd.
FEISAL TANJUNG
LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 1999 NOMOR 104.
PRESIDEN
REPUBLIK INDONESIA
GENERAL AGREEMENT ON DEVELOPMENT COOPERATION
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND
THE GOVERNMENT OF AUSTRALIA
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE
GOVERNMENT OF AUSTRALIA
WISHING to strengthen the existing cordial relation between the two countries and their
peoples, and
DESIRING to promote development cooperation between the two countries in conformity
with the objectives of economic and social development of the Government of the
Republic of Indonesia,
HAVE AGREED as follows.
Article I
Programme of Development Cooperation
The Government of the Republic of Indonesia and the Government of Australia shall
under this Agreement promote a programme of development cooperation between their
two countries (the Programme). The Programme may include the following :
(a) the sending of technical, appraisal, evaluation and other missions to the Republic of
Indonesia in respect of development Projects;
(b) the granting of fellowships to nationals of the Republic of Indonesia for studies and
professional training in Australia, the Republic of Indonesia or third countries;
(c) the sending of technical missions of nationals of the Republic of Indonesia to
Australia and other countries;
(d) the assignment of Australian experts, advisers and other specialists to the Republic of
Indonesia;
PRESIDEN
REPUBLIK INDONESIA
(e) the provision of equipment, materials, good and services required for the successful
execution of development Projects in the Republic of Indonesia;
(f) the development and carrying out of studies and Projects designed to contribute to the
attainment of the objectives of this Agreement;
(g) the encouragement and promotion of relations between firms, organisations,
institutions and persons of the two countries; and
(h) any other form of development cooperation which may be mutually agreed upon.
Article II
Definitions
In this Agreement :
(1) "Activity" menas any discrete unit of development cooperation which may include any
one or more of the forms of development cooperation described in Article I;
(b) "Australian Project Personnel" means Australian nationals or permanent residents or
other persons who are not nationals or permanent residents of Indonesia who are
working in Indonesia on an Activity under this Agreement and whose salaries or other
costs are funded from the contribution of the Government of Australia to the Activity;
(c) "Australian firm"means Australian or other non-Indonesian firms, organisations,
institutions, or executing agencies engaged in an Activity;
(d) "Australian project supplies" means equipment, material, and other goods supplied for
the execution of development Activities under this Agreement, the cost of which is
funded from the contribution of the Government of Australia to the Activity;
(e) "Dependant" means a spouse of a member of the Australian Project personnel and the
child of a member of the Australian Project personnel who is :
(i) under twenty-one years of age, or
(ii) twenty-one years of age or older and dependant on the member of the Australian
personnel for support by reason of mental or physical incapability.
The dependant referred to above shall be certified as such by the Australin Embassy in
the Republic of Indonesia;
PRESIDEN
REPUBLIK INDONESIA
(f) "Intellectual Property" shall have the meaning provided for in Article 2 of the
Convention establishing the World Intellectual Property Organization, done at
Stockholm, 14 July 1967, and shall include all rights relating to plant varieties,
Confidential information urcoitlayouts and semi-conductor chip products unregistered
trade marks and service marks;
(g) "Background Intellectual Property" means Intellectual Property that has been
developed independently of an Activity and that is made available by one of the
Participants for use in an Activity.
(h) "Foreground Intellectual Property" means intellectual Property created in, or as a
direct result of, an activity;
(i) "Implementing Arrangement" means the special arrangements for Intellectual Property
concluded in accordance with Article VII of this Agreement;
(j) "Participant" means any natural person or legal entity participating in an Activity,
including the Government of Australia and the Government of the Republic of
Indonesia;
(k) "Personal and Household effects" means equipment and other goods imported by
members of the Australian personnel for the personal use of Australian personnel or
their Dependants; and
(l) "Project" means a self-contained Activity based on a mutually approved design and
involving the provision of Australian and Indonesian service and supplies.
Article III
Coordinating Authorities
1. Both Governments shall, in accordance with their respective laws and regulations,
nominate their Coordinating Authorities for the implementation of this Agreement.
2. Subject to the overall responsibility of the Government of the Republic of Indonesia
for implementation and coordination of Activities under this Agreement, the two
Coordinating Authorities shall be responsible for the planning and coordination of the
Programme which function shall include but not be limited to :
PRESIDEN
REPUBLIK INDONESIA
(a) establishing priorities under the Programme;
(b) choosing Activities for implementation under the Programme;
(c) monitoring, reviewing and reporting on prograss in the Programme to the two
Governments, and
(d) recommending to the two Government any appropriate changes to the Programme
including budget and future development.
Article IV
Subsidiary Arrangements
1. In support of the objectives of this Agreement, the Government of the Repulic of
Indonesia and the Government of Australia may conclude a subsidiary arrangement in
respect of an Activity.
2. Unless stated otherwise, a subsidiary arrangement shall be considered as an
administrative arrangement.
3. A subsidiary arrangement shall make specific reference to this Agreement and the
terms of this Agreement shall, unless stated otherwise, apply to such a subsidiary
arrangement.
4. Whenever possible a subsidiary arrangement shall set out;
(a) the name and duration of the Activity;
(b) the Activity locations;
(c) a desription and statement of objectives of the Activity;
(d) the nominated implementing agencies in both countries;
(e) the Activity organisation;
(f) details of the contributions to the Activity by the two Govenrments including :
(i) financial contributions;
(ii) materials, services and equipment to be supplied;
(iii) the number and areas of expertise of Australian and other personnel to be
engaged;
(iv) counterpart staff of the Government of the Republic of Indonesia; and
(v) estimated annual budgets;
PRESIDEN
REPUBLIK INDONESIA
(g) timetable for implementation; and
(f) monitoring, review, evaluation and reporting arrangements.
Article V
Project Coordinating Committees
1. In respect of a Project a Joint Project Coordinating Committee shall normally be
established to :
(a) monitor, review and report on progress to the two Governments;
(b) recommend to the Governments any appropriate changes in the Project including
budget and future development; and
(c) undertake such other functions as may be set out in arrangements between the
Coordinating Authorities.
2. The Chairperson of each Joint Project Coordinating Committee shall be appointed by
the Goverment of the Republic of Indonesia. The Committee shall include members
appointed by the two Goverments.
Article VI
Responsibilities
Unless otherwise indicated in a subsidiary arrangement, the Government of Australia
shall assume the responsibilities described in Annex "A" and the Government of the
Republic of Indonesia shall assume the responsibilities decribed in Annex "B" in respect
of an Activity.
Article VII
Intellectual Property
1. Unless the two Governments otherwise decide, Activities shall be conducted in
accordance with Implementing Arrangements and/or subsidiary arrangements, which
address the matters in this Article and in Annex C.
PRESIDEN
REPUBLIK INDONESIA
2. Implementig Arrangements and/or subsidiary arrangements shall provide for the
protection of Background Intellectual Property and Foreground Intellectual Property.
3. The Government of Indonesia and the Government of Australia shall use their best
endeavours to ensure that the Participants shall be entitled to any Foreground
Intellectual Property in accordance with the provisions specified in the Implementing
Arrangement and/or subsidiary arrangement which shall be developed taking into
account :
(a) the intellectual contributions of each Participant;
(b) the financial contributions of each Participant;
(c) the contributions of Background Intellectual Property, materials, research effort
and preparatory work of each Participant;
(d) the facilities provided by each Participant;
(e) legal considerations;
(f) objects of study and research activities; and
(g) such other relevant considerations as the Participants may agree upon.
4. Implementing Arrangement and/or subsidiary arrangements shall include provision for
checking for and protection against infringement of Intellectual Property rights of
third parties.
5. Unless the Government of Indonesia and the Government of Australia otherwise
decide, Implemeting Arrangements shall be legally binding documents.
6. The government of Indonesia and the Government of Australia shall use their best
endeavours to ensure that prospective Participants in a Project enter into a
confidentialy deed with each other before they exchange information about their
Intellectual Property.
Article VIII
Public Charges
The Government of the Republic of Indonesia shall ensure that Australian development
cooperation funds are not used to pay any taxes, customs duties or any other levies
imposed by the Government of the Republic of Indonesia, on any goods, materials,
PRESIDEN
REPUBLIK INDONESIA
equipment, vehicles and services purchased or acquired for, or related to, the execution of
an Activity being carried out in the Republic of Indonesia.
Article IX
Claims
The Government of the Republic of Indonesia shall be responsible for dealing with any
claims which may be brought by third parties against the Government of Australia,
Australian personnel or Australian firms and shall hold harmless the Government of
Australia, Australian personnel and Australian firms in case of any claims or liabilities
resulting from this Agreement. This provision will not relieve any person or entity from
liability from a criminal act, gross negligence, or wilful misconduct on the part of that
person or entity.
Article X
Claims arising from short term attachments in Australia
1. The Government of Austalia undertakes to assume full responsibility for claims
arising from the conduct of Governmet of Indonesia Personal while they are in
Australoa on short term attachments under this Agreement.
2. In return for the Government of Australia's undertaking in paragraph (1), the
Government of Indonesia undertakes to indemnify the Government of Australia
against reasonable payments made and all costs, damages and expenses incurred by it
as a result of any claims which may be brought against such Government of Indonesia
personnel or the Government of
Australia, its officers or servants by any third
party arising from the conduct of such Government of Indonesia personnel in
Australia pursuant to this Agreement.
3. Paragraphs (1) and (2) shall not apply where the liability results from a criminal act,
gross negligence or wilful misconduct on the part of that person.
PRESIDEN
REPUBLIK INDONESIA
Article XI
Income Tax
The income tax liability of Australian firms and Australian personnel shall be borne by
the Government of the Republic of Indonesia.
Article XII
Personnel
The Government of the Republic of Indonesia shall, in accordance with Law Number 7 of
1983 on Income Tax (as amended by Law Number 10 of 1994), Government Regulation
Number 19 of 1955 and their implementing regulations each as at the date of entry into
force of this Agreement :
(a) exempt Australian firms and Australian personnel from, or bear the costs of, import
duties and other taxes imposed by the Government of the Republic of Indonesia on
taxable goods and services or import of taxable goods for, or related to, the execution
ao Activities; and
(b) exempt Australian personnel from the payment of custom duties, excise duties and
other taxes in respect of bona fide Personal and Household effects brought into the
Republic of Indonesia within six months of his or her first arrival in the Republic of
Indonesia for their own use or the use of their dependants.
In the event of theft, fire or other destruction, the exemptions under this paragraph may be
re-exercised at any time during the assignment of the Australian personnel. Australian
personnel may purchase duty free items provided that such purchases shall be made from
duty free stores.
PRESIDEN
REPUBLIK INDONESIA
Article XIII
Motor Vehicles for Personal Use
1. The Government of the Republic of Indonesia shall, in accordance with Government
Regulation Number 19 of 1955 and its implementing regulations each as at the date of
entry into force of this Agreement, exempt from, or bear the cost of, customs duties,
and other taxes in respect of one locally assembled motor vehicle purchased for an
Australian personel's personal use provided that.
(a) the Australian personnel is assigned in Indonesia for at least twelve (12) months
consecutively;
(b) such motor vehicle is purchased locally within the period of six (6) months from
the date of his/her first
arrival in the Republic of Indonesia; and
(c) upon completion of his/her assignment, the motor vehicle is disposed of in
Indonesia either to a person who has the same privileges or to the agent authorised
by the Government of the Republic of Indonesia.
2. In the event of fire, theft, damage or destruction, the exemptions under this Article
may be re-exercised provided the remaining assignment of the Australian personnel is
for at least eight (8) months.
Article XIV
Transparency of Law
The Government of the Republic of Indonesia shall, upon request, inform Australian
firms and Australian personnel of local laws and regulations which may concern them in
the performance of their duties. The Government of the Republic of Indonesia shall notify
the Government of Australia of any changes in its law and regulations and shall inform
the Government of Australia of the application of such changes. If either Government
considers it appropriate, the two Governments shall consult to find a mutually acceptable
solution concerning such changes.
PRESIDEN
REPUBLIK INDONESIA
Article XV
Equality of Treatment
Australian firms, Australian personnel and their Dependants shall be accorded no lesser
benefits, privileges and exemptions than those accorded to other non-Indonesian firms or
nationals under any other bilateral arrangement for development cooperation.
Article XVI
Security
The Government of the Republic of Indonesia shall arrange for protective services
necessary to ensure the safety of:
(a) the Australian personnel, their Dependants, their property, and
(b) Australian project supplies.
Article XVII
Consultations
1. The Government of Australia and the Government of the Repblic of Indonesia shall
consult each other in respect of any matter that may from time to time arise from or in
connection with this Agreement.
2. There shall be an annual meeting of senior officials from the two Governments to
consider:
(a) the direction, composition and contribution of Australian development cooperation to
the development of Indonesia and to the promotion of mutual economic links;
(b) the effectivenes of the administration of development cooperation; and
(c) future development cooperation between the two countries.
3. Representative of the Coordinating Authorities of both countries may attend the meeting.
PRESIDEN
REPUBLIK INDONESIA
Article XVIII
Settlement of Differences
Differences which may arise relating to the interpretation or application of the provisions
of this Agreement or of any subsidiary arrangement shall be settled by means of
negotiations between the Government of the Republic of Indonesia and the Government
of Australia or in any other manner mutually agreed upon.
Article XIX
Entry Into Force and Duration
This Agreement shall take effect from the date of an exchange of notes by which the two
Governments notify each other of the completion of the procedure required by their
national laws for giving effect to this Agreement, and shall remain in effect until
termination by either Government on six (6) months notice in writing to the other
Government.
Article XX
Completion of Activities
The responsibilities of the Government of the Republic of Indonesia and of the
Government of Australia with regard to Activities begun prior to the receipt of the
trmination notice referred to above shall continue until completion of such Activities as if
this Agreement remained in force in respect of and for the whole duration of such
Activities.
Article XXI
Amendments
This Agreement may be amended and supplemented by agreement in writing between the
two Government.
Article XXII
PRESIDEN
REPUBLIK INDONESIA
Annexures
Annexures to this Agreement shall form an integral part of it.
IN WITNESS WHEREOF, the undersigned, duly authorised by their respective
Governments, have signed this Agreement.
DONE in duplicate, at Jakarta, on the ninth day of July 1998, in the English language.
FOR THE GOVERNMENT OF
FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
AUSTRALIA
Signed
Signed
PRESIDEN
REPUBLIK INDONESIA
ANNEX "A"
RESPONSIBILITIES OF THE GOVERNMENT OF AUSTRALIA
I.
Unless otherwise indicated in a subsidiary arrangement, the contribution of the
Government of Australia shall include but not be limited to the following :
(A)Expenditures related to Indonesian fellowship holders and members of technical
missions :
(1) registration and tuition fess, books, supplies or materials required.
(2) a living allowance
(3) medical and hospital expenses.
(4) economy-class fares for travel by air or any other approved means of
transportation, in compliance with the requirements of the Programme but
excluding any departure taxes or fees imposed by the Republic of Indonesia;
(5) other expenditures as appropriate.
(B)Expenditures related to Australian personnel :
(1) their salaries, fees, allowances and other benefits;
(2) their travel expenses and those of their Dependants between their normal place
of residence and their place of assignment in the Republic of Indonesia;
(3) the cost of shipping, between their normal place of residence and their place of
assignment in the Republic of Indonesia, their Personnal and Household
effects, those of their Dependants and the professional and technical materials
required by the said personnel for the execution of their duties;
(4) the costs of accommodation;
(5) other expenditures as appropriate.
(C)Expenditures normally related to Projects:
(1) the cost of professional serevices, terhnical services and other services required
for the execution of Projects;
(2) the cost of providing equipment, materials, supplies and other goods and of the
transportation of the same from their point of departure to the port of entry
nearest to the Project site as agreed on a case by case basis;
(3) other expenditures as appropriate.
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REPUBLIK INDONESIA
II. The Government of Australia shall provide the Government of the Republic of
Indonesia in a timely manner with the names of the Australian firms and the
Australian personnel and their Dependants entitled to the right, exemptions and
privileges set forth in this Agreement who are engaged in a Project.
III.Contracts for the purchase of goods or commissioning of services financed by the
Government of Australia and required for the execution of Projects shall be signed by
the Government of Australia or one of its agencies.
However, it may be provided in any subsidiary arrangement thar such contracts may
be signed by the Government of the Republic of Indonesia or one of its agencies in
accordance with the terms and conditions specified in such subsidiary arrangement.
IV.Australian Project Supplies will be available only for the unrestricted use of the
Project and will not be withdrawn from such use without the consent of an Australian
team leader appointed by the Government of Australia.
The Australian team leader will exercise administrative control over such epplies for
the duration of the Project or such other time as mutually arranged berween the
Governments.
V. The provision by the Government of Australia of the Australian contribution to the
Programme and to the Activities within the Progeamme is conditional upon annual
Australian Parliamentary approval of appropriations.
VI Programme or Activity financial disbursement estimates shall be indicative planning
figures and not financial commitments.
ANNEX "B"
RESPONSIBILITIES OF THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
I.
Unless otherwise indicated in a subsidiary arrangement, the contributions of the
Government of the Republic of Indonesia shall include, but not be limited to, the
following:
PRESIDEN
REPUBLIK INDONESIA
(1) furnished premises and office service in compliance with the standards of the
Government of the Republic of Indonesia, including adequate facilities and
materials, support staff, professional and technical material, telephone, mail and
any other service which the Australian personnel need in order to carry out their
official duties;
(2) the recruitment, selection, and secondment of suitable counterpart personnel when
required for a Project;
(3) any official assistance which may be required for the purpose of facilitating the
travel of Australian personnel and the transportation of professional and technical
material required in the performance of their official duties in the Republic of
Indonesia;
(4) any official assistance which may be required for the purpose of expenditing the
clearance through customs of equipment, products, materials, supplies and other
goods required for the execution of Projects and the Personal and Household
effects of Australian personnel or their Dependants;
(5) demurrage, storage and payment of any related charges for articles mentioned in
paragraph (4) above during the period when they are held at the port of entry after
a thirty day period;
(6) any measures required to protect article mentioned in paragraph (4) against natural
elements, loss, fire and any other danger;
(7) all permits, and other documents including costs related thereto, if any, for
equipment, materials, supplies or goods required for the execution of Projects and
to enable Australian firms and Australian personnel to carry aout their functions in
the Republic of Indonesia;
(8) all necessary visas, exit permits, and all import or export permits, as the case may
be, for the Australian personnel and their Dependants and for the Personal and
Household effects of such Australian personnel and their Dependants;
(9) Facilities for prompt inland transportaton of all equipment, products, materials,
supplies and other imported goods required for the execution of Projects, to the
project site, as the case may be required, including where necessary, the obtaining
of priority by the Indonesian forwarding and transportation agents;
PRESIDEN
REPUBLIK INDONESIA
(10) assistance in obtaining permission from the relevant Ministry or Munistries to use
all means of communication, depending on the neesd of a Project;
(11) reports, records, maps, statistics and other information related to a Project and
likely to assist Australian personnel in carrying out their duties, provided that they
are not classified and have no relation to national security;
(12) permission for Australian personnel to open personal external bank accounts and
for Australian executing agencies to open Project external bank accounts; and
permission to repatriate free from foreign currency echange restrictions revenues
transferred from abroad; and
(13) other measures within its jurisdiction which may facilitate the execution of a
Project.
ANNEX "C"
Protection, Ownership and Allocation of Intellectual Property by Participants in Activities
under this Agreement
1. This Annex provides an indication of the Intellectual Property issues that should be
addressed by Participants in the Implementing Arrangement and/or the subsidiary
arrangement.
2. Notwithstanding anything stated or implied in this Annex, it is the sole responsibility
of prospective and actual Participants to take all necessary steps, including
obtaining expert professional advice, to ensure that their legal and commercial
positions are adequately protected and to ensure adequate legal and physical
protection for Background Intellectual Property and Foreground Intellectual Property.
3. Implementing Arrangements and/or subsidiary arrangements should contain clauses
that:
(a) specify appropriate procedures for checking-
(i) prior to the commencement of the Activity; and
(ii) as appropriate during the Activity;
for third party Intellectual Property that might:
PRESIDEN
REPUBLIK INDONESIA
-
be infringed by the Participants while carrying out Activities; or
-
infringe Intelectual Property created under the Implementing arrangement or
the subsidiary arrangement;
(b) identify each Participant's Background Intellectual Property and:
(i) the nature of the protection that has been or needs to be, accorded to that
Background Intellectual Property; and
(ii) the nature of any third party rights restricting the use of Background
Intellectual Property;
(c) specify appropriate procedures for:
(i) identifying;
(ii) determining ownership of; and
(iii) protecting;
Foreground Intellectual Property;
(d) specify appropriate procedures for approving the conditions on ehich each
Participant may be licensed to use Foreground Intellectual Property for its own
non-commercial purposes (which purposes exclude sub-licensing and commercial
purpose such as manufacturing and having mnufactured) and for commercial
purposes;
(e) specify appropriate clauses allowing a Participant to be licensed to use another
Participant's Background Intellectual Property when it is reasonably necessary for
the commercial use of Foregrounds Intellectual Property;
(f) specify appropriate procedures for licensing third parties to use Foreground
Intellectual Property, including where such use requires access to another
Participant's Background Intellectual property and the conditions upon which a
licence to the Bachground Intellectual Property shall be granted;
(g) specify appropriate procedure for approval by all the Participants, prior to
disclosure, of the public disclosure of information through publications, seminars
or any other means;
(h) specify the rights and obligations of visiting researchers involved in the Activity
and particularly in relation to Intellectual Property created by them during thir
work in the Activity;
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REPUBLIK INDONESIA
(i) nominate the governing law of the implementing Arrangement; and
(j) specify
appropriate
procedures
for
the
resolution
of
disputes,
including
international commercial arbitration.

Keputusan Presiden Nomor 54 Tahun 1999 tentang PENGESAHAN GENERAL AGREEMENT ON DEVELOPMENT COOPERATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF AUSTRALIA

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