Overeenkomst inzake economische samenwerking tussen het Koninkrijk der Nederlanden en de Republiek Indonesië
(authentiek: en)
The Government of the Kingdom of the Netherlands and the Government of the Republic of Indonesia,
Desirous of encouraging and intensifying economic cooperation between their countries to their mutual benefit,
Intending to create favourable conditions for investments by nationals of either State in the territory of the other State and to encourage such investments,
have agreed as follows:
Article 1
The Contracting Parties undertake, on the principles of reciprocity and mutual benefit, to promote their cooperation in the economic field with a view to developing their respective countries.
Article 2
The Contracting Parties shall facilitate the intensification of relations in the field of industry, trade, agriculture, maritime affairs, transport and other services between their respective countries to the highest possible extent.
They shall, within the framework of and subject to their national legislation, further cooperation between companies, associations, and other organisations of any kind or subsidiary bodies thereof, connected with their economies, and all their other nationals engaged in economic activities, in order to develop their resources. In particular, they shall promote, with regard to industry, trade, agriculture, maritime affairs, transport and other services, cooperation in:-
the establishment of new enterprises or the extension of existing ones;-
the rendering of assistance to or participation in the management of enterprises;-
the introduction of new production techniques and the improvement of existing ones;-
the exploration for and the exploitation of natural resources;-
the supply of know-how and the collaboration in the technical field;-
the appointment of agents and/or representatives;
and in any other appropriate way.
With regard to the form of cooperation in the activities referred to in the preceding paragraph, the Contracting Parties, without excluding any other form, recognize the importance of joint ventures in which nationals of both States take part.
Article 3
Each Contracting Party undertakes to facilitate with regard to the other Contracting Party and to the extent permitted by the former Party's legislation:
a) the holding in its territory by the other Contracting Party and its nationals of economic and commercial exhibitions and displays;
b) the importation, duty-free, of goods, materials and equipment to be used for such exhibitions and displays, on condition that they are re-exported within a limited period;
c) the importation, duty-free, of goods, materials and equipment to be used for technical work on behalf of governmental bodies or private enterprises, on condition that they are re-exported within a limited period;
d) the re-exportation, duty-free, of the goods, materials and equipment referred to in b ) and c );
e) sale of goods, materials and equipment referred to in b ) and c ) territory where they have been used, subject to the payment of duty.
Article 12
For the purposes of this Chapter:
a) the term „nationals” used in relation to a Contracting Party means:
i) all individuals possessing the nationality of that Contracting Party;
and
ii) all legal persons, partnerships and associations deriving their status as such from the law in force in the territory of that Contracting Party;
b) the term „residents” used in relation to a Contracting Party includes all companies established in the territory of that Contracting Party.
Article 13
Nationals of the one Contracting Party shall not be subjected in the territory of the other Contracting Party to any tax, levy or charge, or any requirement connected therewith which is more burdensome than the taxes, levies and charges, and connected requirements to which nationals of that other Contracting Party are or may be subjected.
Article 14
Enterprises carried on by residents of the one Contracting Party shall not be subjected in the territory of the other Contracting Party to any tax, levy or charge, or any requirement connected therewith which is more burdensome than the taxes, levies and charges, and connected requirements to which enterprises carried on by residents of that other Contracting Party are or may be subjected.
Article 15
If in spite of the provisions of Article 13 or Article 14 of the present Agreement nationals of the one Contracting Party, or enterprises carried on by residents of the one Contracting Party would be subjected in the territory of the other Contracting Party to any tax, levy or charge, or any requirement connected therewith which is more burdensome than the taxes, levies and charges, and connected requirements to which nationals of any third State, or enterprises carried on by residents of any third State are or may be subjected, then the first-mentioned nationals or enterprises shall not be subjected in the territory of the other Contracting Party to any tax, levy or charge, or any requirement connected therewith which is more burdensome than the taxes, levies and charges, and connected requirements to which nationals of such third State, or enterprises carried on by residents of such third State are or may be subjected.
Article 16
Enterprises carried on by companies established in the territory of the one Contracting Party, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more nationals or residents of the other Contracting Party, shall not be subjected in the territory of the first-mentioned Contracting Party to any tax, levy or charge, or any requirement connected therewith which is more burdensome than the taxes, levies and charges, and connected requirements to which similar enterprises carried on by any company established in the territory of the first-mentioned Contracting Party are or may be subjected.
(1)
Each Contracting Party is free to accord special tax advantages by virtue of agreements for the avoidance of double taxation.
(2)
Each Contracting Party is free, within an economic union, regional or sub-regional, to accord special favourable tax treatment to its own nationals and residents, and to nationals and residents of the other Member-States concerned, if such treatment is established within the framework of that economic union.
Article 18
Each Contracting Party recognizes the right of the other Contracting Party to require the payment of a fixed amount as a prerequisite for the exploration and exploitation in the field of mining, forestry and fishery in the territory of the latter Contracting Party.
Article 19
Each Contracting Party recognizes the right of the other Contracting Party to grant exemptions from taxes, levies and charges to certain businesses as a means of stimulating economic development.
Article 20
The Contracting Parties agree to establish a Committee composed of representatives appointed by their respective Governments.
The Committee shall meet alternately in The Hague and Djakarta at the request of one of the Contracting Parties at least once a year, to discuss any matter pertaining to the implementation of the present Agreement and to consider means of promoting economic cooperation between the Contracting Parties.
The Committee shall therefore keep under review the development of their economic relations both in bilateral and multilateral contexts. It shall moreover make recommendations to the respective Governments when the objectives of this Agreement might be furthered and a fuller measure of economic cooperation might be obtained.
Article 21
Where a matter is governed by both the present Agreement and another international Agreement binding on the Contracting Parties, nothing in this Agreement shall prevent a national of one Contracting Party from benefiting by the provisions most favourable to him.
(1)
Any dispute between the Contracting Parties concerning the interpretation or application of the present Agreement which is not settled in any other way, shall be submitted, at the request of any party to the dispute, to an arbitral tribunal composed of three members. Each party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator who is not a national of either party.
(2)
If one of the parties fails to appoint its arbitrator and has not proceeded to do so within two months after an invitation from the other party to make such appointment, the arbitrator shall be appointed, at the request of the latter party, by the President of the International Court of Justice.
(3)
If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, the latter shall be appointed, at the request of either party, by the President of the International Court of Justice.
(4)
If, in the cases provided for in the second and third paragraph of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either party, the Vice-President shall make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either party, the oldest member of the Court who is not a national of either party shall make the necessary appointments.
(5)
The tribunal shall base its decision on the provisions of the present Agreement in conformity with the principles of law. Before the tribunal gives its decision, it may at any stage of the proceedings propose to the parties that the dispute be settled amicably. The foregoing provisions shall not prejudice the power of the arbitral tribunal to decide the dispute ex aequo et bono if the parties so agree.
(6)
Unless the parties decide otherwise, the tribunal shall determine its own procedure.
(7)
The tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the parties to the dispute.
Article 23
As regards the Kingdom of the Netherlands, the present Agreement shall apply to the territory of the Kingdom in Europe, to Surinam and to the Netherlands Antilles, unless the notification from the Government of the Kingdom of the Netherlands provides otherwise.
(1)
The present Agreement shall enter into force on the day the two Contracting Parties notify each other by diplomatic notes that their constitutional requirements for the entering into force of the Agreement have been fulfilled, and shall remain binding for a period of 15 years.
(2)
Unless either of the Contracting Parties shall have given notice of termination 12 months before the expiry of the current period, the validity of the present Agreement shall be deemed to have been tacitly extended for a further term of 15 years.
Article 26
The Contracting Parties will apply provisionally the present Agreement as from the date of its signature.
IN WITNESS WHEREOF, the undersigned Representatives, duly authorized thereto, have signed the present Agreement.
DONE at Djakarta, in duplicate, in the English language, this seventh day of July 1968.
For the Government of the Kingdom of the Netherlands,
(sd.) J. LUNS
For the Government of the Republic of Indonesia,
(sd.) A. MALIK
Inhoudsopgave
Agreement on economic cooperation between the Government of the Kingdom of the Netherlands and the Government of the Republic of Indonesia
+ CHAPTER I. Economic cooperation
+ CHAPTER II
+ CHAPTER III. Taxes, levies and charges
+ CHAPTER IV. General
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