Title: wetten.nl - Regeling - Overeenkomst tussen de Regeringen van het Koninkrijk der Nederlanden, de Republiek Indonesië en de Verenigde Staten van Amerika - BWBV0005065

Source: https://wetten.overheid.nl/BWBV0005065/

Content:
{"title": "wetten.nl - Regeling - Overeenkomst tussen de Regeringen van het Koninkrijk der Nederlanden, de Republiek Indonesi\u00eb en de Verenigde Staten van Amerika - BWBV0005065", "content": "Overeenkomst tussen de Regeringen van het Koninkrijk der Nederlanden, de Republiek\n                           Indonesi\u00eb en de Verenigde Staten van Amerika\n\nThe Governments of the Kingdom of the Netherlands, the Republic of Indonesia, and\n                                       the United States of America:\n\nConsidering that the Governments of the Kingdom of the Netherlands and the United\n                                       States of America concluded an Economic Cooperation Agreement on the second day of\n                                       July, 1948, and that the Government of the United States of America has furnished\n                                       economic assistance to the Government of the Kingdom of the Netherlands under such\n                                       agreement, and amendments thereto;\n\nConsidering that a portion of the aforementioned assistance was furnished for the\n                                       benefit of the area now constituting the Republic of Indonesia; that under the aforementioned\n                                       Economic Cooperation Agreement, the Government of the Kingdom of the Netherlands assumed\n                                       certain responsibilities and obligations with respect to such assistance, and that\n                                       as to such assistance furnished on a grant basis the Government of the Kingdom of\n                                       the Netherlands was given rights and powers in connection with a portion of the local\n                                       currency counterpart deposited therefor pursuant to Article IV of such Agreement;\n\nConsidering further that with respect to a portion of the assistance furnished for\n                                       the benefit of the area now constituting the Republic of Indonesia, the Government\n                                       of the Kingdom of the Netherlands undertook an obligation to make repayment in the\n                                       amount of $ 17,200,000 to the Government of the United States of America under promissory\n                                       notes executed October 28, 1948 and December 22, 1949;\n\nRecognizing that on December 27, 1949, pursuant to the Charter of Transfer of Sovereignty\n                                       as provided by the Round Table Conference Agreements, sovereignty over Indonesia was\n                                       transferred to the Government of the Republic of the United States of Indonesia by\n                                       the Government of the Kingdom of the Netherlands, and that the Governments of the\n                                       Kingdom of the Netherlands and of the Republic of Indonesia have jointly proposed\n                                       to the Government of the United States of America that the Government of the Republic\n                                       of Indonesia formally assume all obligations hereinafter specified with respect to\n                                       the aforementioned economic assistance furnished for the benefit of the area now constituting\n                                       the Republic of Indonesia, that the Kingdom of the Netherlands be relieved of all\n                                       such obligations, and that the Kingdom of the Netherlands transfer all rights in connection\n                                       therewith to the Government of the Republic of Indonesia;\n\nRecognizing that, pursuant to an exchange of notes between the Government of the United\n                                       States of America and the Government of the Republic of the United States of Indonesia,\n                                       concluded March 24, 1950, the Government of the Republic of Indonesia has already\n                                       assumed certain obligations with respect to the aforementioned economic assistance;\n\nRecognizing further the desire of the Government of the United States of America to\n                                       conform its arrangements with respect to the aforementioned economic assistance so\n                                       that they may be consistent with the change in status of the area now constituting\n                                       the Republic of Indonesia;\n\nHave agreed as follows:\n\n1 The Government of the Kingdom of the Netherlands is hereby relieved of all further\n                                             obligation and responsibility in connection with the aforementioned economic assistance\n                                             furnished to the Government of the Kingdom of the Netherlands for the benefit of the\n                                             area now constituting the Republic of Indonesia, such obligation and responsibility\n                                             having been incurred by the signing of the Economic Cooperation Agreement on July\n                                             2, 1948, and amendments thereto, the exchange of notes concluded April 26, 1949, as\n                                             amended, the conclusion of the loan agreements with the Export-Import Bank of Washington\n                                             dated October 28, 1948 and December 22, 1949, and the execution and delivery of promissory\n                                             notes under such loan agreements.\n\n2 The Government of the Republic of Indonesia hereby assumes with respect to such assistance\n                                             all responsibilities and obligations of the Government of the Kingdom of the Netherlands\n                                             incurred under the aforementioned agreements and promissory notes: Provided, that,\n                                             with respect to assistance furnished on a grant basis, the obligations assumed by\n                                             the Government of the Republic of Indonesia under this Article (with the exception\n                                             of the obligation to allocate for the use of the Government of the United States of\n                                             America 5 percent of counterpart funds deposited, to place no restriction on the Government\n                                             of the United States of America on expenditures of such funds, and to facilitate the\n                                             use by the Government of the United States of America of those funds on reasonable\n                                             terms no less favorable to the Government of the United States of America than those\n                                             provided to nationals of other countries for the purchase, for stockpiling or other\n                                             purposes, of materials originating in Indonesia which are required by the United States\n                                             of America as a result of deficiencies or potential deficiencies in its resources)\n                                             will be similar to the obligations of the Government of the Republic of Indonesia\n                                             with respect to assistance furnished under the Economic and Technical Cooperation\n                                             Agreement between the Government of the United States of America and the Government\n                                             of the Republic of Indonesia signed on the sixteenth day of October 1950.\n\n3 This Agreement supersedes the exchange of notes between the Government of the United\n                                             States of America and the Government of the Republic of the United States of Indonesia\n                                             dated March 24, 1950.\n\n1 The Government of the Kingdom of the Netherlands hereby transfers, and the Government\n                                             of the United States of America hereby agrees to such transfer, all its rights with\n                                             respect to the aforementioned economic assistance, and under the aforementioned Agreements\n                                             and Promissory Notes, to the Government of the Republic of Indonesia.\n\n2 It is understood that with respect to assistance furnished for the benefit of the\n                                             area now constituting the Republic of Indonesia, \u201eguilders\u201d within the meaning of\n                                             Article IV of the Economic Cooperation Agreement between the Governments of the Kingdom\n                                             of the Netherlands and of the United States of America includes Indonesian guilders\n                                             or rupiahs. The Government of the Kingdom of the Netherlands hereby assigns and transfers\n                                             to the Government of the Republic of Indonesia any and all interest it may have in\n                                             amounts of local currency deposited, or which the Government of the Republic of Indonesia\n                                             hereafter may be required to deposit, with respect to such assistance pursuant to\n                                             the said Article IV, the amount of which is set forth in the Annex hereto.\n\nIn implementation of this Agreement, on the date of its entry into force, (a) the\n                                       Export-Import Bank of Washington shall surrender to the Government of the Kingdom\n                                       of the Netherlands its promissory note evidencing the obligation of the Government\n                                       of the Kingdom of the Netherlands under the loan agreements specified in Article I\n                                       hereof, and (b) the Government of the Republic of Indonesia shall execute and deliver\n                                       to the Export-Import Bank of Washington its promissory note in the amount of $ 17,200,000\n                                       which note shall include the same terms and conditions as the note surrendered to\n                                       the Government of the Kingdom of the Netherlands.\n\nIt at any time or from time to time the Government of the United States of America\n                                       and the Government of the Republic of Indonesia shall determine that it would be in\n                                       their common interest because of adverse economic conditions or for any other reason\n                                       to postpone, or provide for the postponement of, any installments of interest or principal,\n                                       or to alter or provide for the alteration of any provisions of the aforesaid note\n                                       of the Republic of Indonesia relating to payment of interest and principal, or to\n                                       modify the aforesaid promissory note in any other respect, they may by mutual agreement\n                                       in writing provide for any such postponement or alteration or other modification.\n\nThis Agreement will enter into effect upon notification from the Government of the\n                                       Republic of Indonesia to the Governments of the Kingdom of the Netherlands and of\n                                       the United States of America that all necessary legal requirements in connection with\n                                       the conclusion of this Agreement by the Government of the Republic of Indonesia have\n                                       been fulfilled.\n\nIN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments,\n                                    have signed this Agreement.\n\nDONE at Washington in triplicate this eleventh day of February, 1952.\n\nThe amount of assistance furnished on a grant basis through the Kingdom of the Netherlands\n                                       for the benefit of the area now constituting the Republic of Indonesia is $ 114,949,423.37,\n                                       it being understood that such amount may be subject to adjustment by way of allowances\n                                       for claims or otherwise.\n\nThe foregoing is based upon the following calculations:\n\nTotal ECA dollar disbursements (as of August 15, 1951) ..........................................................\n\n$ 101,425,023.37\n\nLess conditional aid (drawing rights extended) ...\n\n1,108,600.00\n\n\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\n\n$ 100,316,423.37\n\nLess amount to be repaid pursuant to loan agreement ...................................................\n\n17,200,000.00\n\n\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\n\nTotal Dollar assistance requiring counterpart deposit .......................................................\n\n$ 83,116,423.37\n\nPlus drawing rights utilized ..................................\n\n31,833,000.00\n\n\u2014\u2014\u2014\u2014\u2014\u2014\u2014\u2014\n\nTotal grant assistance requiring counterpart deposit ....................................................\n\n$ 114,949,423.37\n\nIt is understood that the Government of the Republic of Indonesia, pursuant to the\n                                       Agreement between the Governments of the Kingdom of the Netherlands, the Republic\n                                       of Indonesia and the United States of America concluded this day, will establish a\n                                       Special Account in its name in the Bank of Java, which account will be separate from\n                                       the Special Account established under the Economic and Technical Cooperation Agreement\n                                       between the Governments of the United States of America and the Republic of Indonesia\n                                       signed on October 16, 1950. The Government of the Kingdom of the Netherlands will\n                                       promptly transfer to such newly established Special Account in the Bank of Java all\n                                       amounts remaining in the Special Account in the Netherlands Bank relating to assistance\n                                       furnished for the benefit of the area now constituting the Republic of Indonesia.\n\nDONE at Washington in triplicate this eleventh day of February, 1952.\n\nKedutaan Besar Indonesia\n\nEmbassy of Indonesia\n\nWashington, D.C.\n\nThe Ambassador of the Republic of Indonesia presents his compliments to His Excellency,\n                                       the Ambassador of the Kingdom of the Netherlands, and has the honor to inform His\n                                       Excellency that the Minister of Justice of the Republic of Indonesia has rendered\n                                       a Legal Opinion that the Republic of Indonesia has taken all action necessary under\n                                       its Constitution, laws and regulations to insure that the Trilateral Agreement concluded\n                                       between the Governments of the United States of America, the Kingdom of the Netherlands\n                                       and the Republic of Indonesia on the 11th day of February, 1952, is legal and binding\n                                       on the Republic of Indonesia in accordance with its terms.\n\nThis Note constitutes the notification provided for in Article V of said Trilateral\n                                       Agreement stating that \u201cthis Agreement will enter into effect upon notification from\n                                       the Government of the Republic of Indonesia to the Governments of the United States\n                                       of America and the Kingdom of the Netherlands that all necessary legal requirements\n                                       in connection with the conclusion of this Agreement by the Government of the Republic\n                                       of Indonesia have been fulfilled.\u201d\n\nThe Ambassador of the Republic of Indonesia avails himself of this opportunity to\n                                       renew to His Excellency, the Ambassador of the Kingdom of the Netherlands the assurances\n                                       of his highest consideration.\n\nWashington, D.C.\n\nFebruary 11, 1952.\n\nRoyal Netherlands Embassy\n\nThe Netherlands Charg\u00e9 d'Affaires a.i. presents his compliments to His Excellency\n                                       the Ambassador of the Republic of Indonesia and has the honor to acknowledge the receipt\n                                       of his note of February 11, 1952 giving notification, in accordance with the provisions\n                                       of Article V of the Agreement between the Governments of the United States of America,\n                                       the Republic of Indonesia, and the Kingdom of the Netherlands signed at Washington\n                                       February 11, 1952, that all necessary legal requirements in connection with the conclusion\n                                       of this Agreement have been fulfilled by the Government of the Republic of Indonesia.\n\nIn view of the receipt by this Government on February 11, 1952 of the notification\n                                       under reference, the Government of the Kingdom of the Netherlands considers the above-mentioned\n                                       Agreement, pursuant to the provisions of Article V thereof, to have entered into force\n                                       on February 11, 1952.\n\nWashington D.C.\n\nMarch 5, 1952."}