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Presidential Decree Number 78 In 2004

Original Language Title: Keputusan Presiden Nomor 78 Tahun 2004

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 99, 2004

PRESIDENT OF THE REPUBLIC OF INDONESIA
Number 78 2004
ABOUT
APPROVAL OF APPROVAL BETWEEN THE GOVERNMENT
REPUBLIC OF INDONESIA AND REPUBLICAN GOVERNMENT
BULGARIA REGARDING IMPROVEMENT AND PROTECTION
OVER THE CULTIVATION OF CAPITAL

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that in Jakarta, on 13 September 2003 the Government of the Republic of Indonesia had signed an agreement between the Government of the Republic of Indonesia and the Government of the Republic of Bulgaria on the Improvement and Protection of Capital Cultivation, as the outcome of the negotiations between the Delegation of the Government of the Republic of Indonesia and the Government of
., b. that in respect of that, it is deemed necessary to validate the Agreement with the President's Decision;

.,, Given: 1. Section 4 of the paragraph (1) and Article 11 of the Basic Law of 1945;
., 2. Law Number 24 Year 2000 on International Agreement (State Sheet 2000 Number 185, Additional Gazette Number 4012);

DECIDED:

.,, SET: THE PRESIDENT ' S DECISION ON THE PASSAGE OF APPROVAL BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF BULGARIA ON THE INCREASE AND PROTECTION OF THE INVESTMENT OF CAPITAL.

Section 1
Ratify the Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Bulgaria on the Improvement and Protection of Cultivation Of Capital, which the Government of Indonesia had signed in Jakarta, on 13 September 2003, as a result of the negotiations between the delegates of the Government of the Republic of Indonesia and the Government of the Republic of Bulgaria which copies of the original manuscripts in Indonesian, Bulgarian and English as attached to this Presidential Decree.

Section 2
This President ' s decision comes into effect at the set date.

In order for everyone to know, order the invitation of the Presidential Decree with its placement in the Republic of Indonesia State Sheet.

.,, Set in Jakarta
on September 27, 2004
PRESIDENT OF THE REPUBLIC OF INDONESIA

MEGAWATI SOEKARNOPUTRI
Promulgated in Jakarta
on September 27, 2004
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,

BAMBANG KESOWO

APPROVAL
ANTARA
GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF THE BULGARIAN REPUBLIC
REGARDING IMPROVEMENT AND PROTECTION
TOP OF THE CAPITAL

The Government of the Republic of Indonesia and the Government of the Republic of Bulgaria (subsequently referred to as "The Parties");
Given the friendship and relations of cooperation that have been intertwined between the two countries and its people and the desire to develop economic cooperation between them.
Intends to create favorable conditions for the investment of capital by the investors of one Party based on equal and mutually beneficial sovereignty; and
Acknowledging that the Approval of the Improvement and Contemplating of the Capital Cultivation will drive to stimulate investment activities in both Countries;

Has Agreed To The Following Things:

PASAL I
Definitions

For the purpose of this Agreement:
., 1. The term "capital cultivation" is defined as any form of an asset planted by the investors of one Party in the other part of the Party, in accordance with the laws of law and applicable laws in the last of the territory, including but not limited to, the terms of the applicable law. is not limited to:
.,
., a., a. moving and non-moving objects include other rights such as mortgages, special matters, lien and collateral and other similar rights;
., b. rights obtained from stocks, bonds or any other form of capital planting within a company or joint venture in the territory of another Party;
.,, c. bills over money or bills over any implementation of any financial value and economic value;
D. the rights to intellectual property, engineering processes, grants, and expertise;
., e. conformity of efforts provided by the legislation under contract or administrative activities of an institution related to the cultivation of capital including consi to search, process, excavate or execute resource nature.
Any change in the form of an implanted asset will not affect its form as a capital planting, as long as that change is not in conflict with the laws of the Party, in the region where capital planting is carried out.
2. Istitah "capital planter" for each Party consists of:
.,
., (i) a person who has state-states of one Party in accordance with its Und-Laws and instill capital in the territory of the Other Party;
., (ii) the established legal entity or limited liability in accordance with the applicable law of the One Party, which is in place in the region of the Party and instill capital in the territory of the Other Party;
., 3. The term "without delay" is considered to have been met if a transfer is performed within a time period that is commonly required in international financial practice.
., 4. The term "income" must include all the amounts generated by a capital planting, such as profits, dividends, interest and other legal income.
5. The term "region" must be interpreted as:
., a., a. In relation to the Republic of Indonesia:
.,, the territory of the Republic of Indonesia which is specified in its negotiations and part of the adjacent continental shelf and the adjacent sea where the Republic of Indonesia has sovereignty, sovereign rights or jurisdiction in accordance with the Convention of the Law of the Sea United Nations in 1982.
B. In relation to the Bulgarian Republic:
.,, the Territory under the sovereignty of the Republic of Bulgaria includes the territorial sea as well as the continental shelf and an exclusive economic zone, in which the Republic of Bulgaria carries out sovereign rights and jurisdiction in accordance with international law.

PASAL II
Improved and Protection
Capital Cultivation

., 1. Each party in its territory must encourage the investment of capital from other parties and must recognize such investment in accordance with applicable laws and laws.
., 2. Investment by raising capital from each Party each time must be reasonably treated and balanced as well as must be adequate protection and security in other areas of the Party.
., 3. In accordance with the laws and regulations applicable in the Territory of Capital cultivation concerning the admission, settling, working and displacement of the principal officials of capital planters who have citizenship of one of the Parties and their family members, must be Permission to enter, stay and leave the rest of the territory