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Presidential Decree Number 82 In 1996

Original Language Title: Keputusan Presiden Nomor 82 Tahun 1996

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THE DECISION OF THE PRESIDENT OF THE REPUBLIC OF INDONESIA NUMBER 82 OF 1996

ABOUT THE PASSAGE OF THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF

INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND FOR THE PROMOTION AND PROTECTION OF INVESMENTS

PRESIDENT OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that in Helsinki, on 13 March 1996 the Government of the Republic

Indonesia has signed Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Finland for the Promotion and Protection of the Republic of Indonesia Investments, as a result of negotiations between the delegations of the Government of the Republic of Indonesia and the Government of Finland;

b. that in respect of that, and in accordance with the Amanat of the President of the Republic of Indonesia to the Chairman of the People's Representative Council Number 2826 /HK/960 dated 22 August 1960 on the Creation of agreements with Other States, it is deemed necessary to pass the Agreement with the President's Decision;

Given: Section 4 of the paragraph (1) and Article 11 of the Basic Law of 1945;

DECIDED:

Establits: THE PRESIDENT ' S DECISION ON THE ENACTMENT OF THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND FOR THE PROMOTION AND PROTECTION OF INVESMENTS.

section 1

Authorized Agreement between the Government of the Republic of Indonesia and the Government of the Republic of Finland for the Promotion and Protection of Invesments, which the Government of the Republic of Indonesia signed on Helsinki, Finland,

on March 13, 1996, as a result of the negotiations between the delegates of the government of the Republic of Indonesia and the government of the Republic of Finland, whose copy of the original text was in English as attached to the Presidential Decree.

Article 2 of the President ' s Decision comes into effect on the set. In order for everyone to know, order the invitation of the Presidential Decree with its placement in the sheet of state of the Republic of Indonesia.

Set in Jakarta on 25 Okober 1996 PRESIDENT OF THE REPUBLIC OF INDONESIA, ttd. SUHARTO

promulded in Jakarta on 25 October 1996 MINISTER OF STATE SECRETARY OF STATE OF THE REPUBLIC OF INDONESIA, ttd. MOERDIONO

NOTE

APPROVAL BETWEEN

GOVERNMENT OF THE REPUBLIC OF INDONESIA AND

THE GOVERNMENT OF THE REPUBLIC OF FINLAND REGARDING THE INCREASE AND PROTECTION OF THE INVESTMENT OF CAPITAL

Government of the Republic of Indonesia and the Government of Finland, Furthermore, it is referred to as "The Parties", meaning to increase and enhance the economic and industrial cooperation in the long term, and in particular creates favorable circumstances for the investment of capital by investors and corporations. One of the parties in the rest of the country; Admit the need for cultivation protection capital for investors and companies of both Parties and to stimulate the flows of capital and individual enterprise initiatives aimed at improving the economic well-being of the two parties;

The definition for the Purpose of this Approval: 1. The term "capital planting" means any form of wealth instilled and

in particular, not limited, includes: a. moving and non-moving objects and wealth rights such as mortgages, guarantees and pledges;

b. valuable mail, stock, company debt or interest in the company, a guarantee issued for the investment of capital and income planted for the purpose of replanting the capital;

c. the rights or bills of any bill money over any Exercise has economic value;

d. intellectual property rights and industry wealth rights, including rights related to copyrights, patents, trademarks, business names, industrial design, trade secrets, engineering processes, knowledge and mugrants;

. The concession of the efforts provided under the legislation or based on

contracts, including concessions to probing, develop, seek or process natural sources.

Any changes in the form of the implanted wealth should not be affect the form of capital planting.

2. The term "capital investment" means any capital or company cultivation of

one Party that has done or is conducting capital planting in other areas of the Party.

3. The term "income" means the amount generated by the cultivation of capital and

in particular, not limited, including profits, interest, capital gains, dividends, royalties and payments.

4. The term "capital cultivation" means any person who has citizenship

one of the Parties to the applicable law. 5. The term "company" means any company, institution or legal entity that

is set up in the territory of one of the Parties according to the laws and regulations applicable. 6. The term "region" means the region of the land and the sea as well as the boundary line one

party as set forth in its law and where the Party has the right to sovereignty or jurisdiction in accordance with international law and the provisions of the Convention. The United Nations Covention on the Law of the Sea of 1982 (United Nations Covention on the Law of the Sea).

Article II

Incresed and Protection of Capital 1 Cultivation 1. Each party must acknowledge the capital cultivation of its territory undertaken by

other party investors in accordance with the laws and regulations and encourage the investment efforts of capital.

2. The investment in one of the parties must be at any time

in accordance with law and regulation, treated fairly and equally and must be fully protected and fully security in other areas of the Party.

Article III

The Terms of the Treatment of the State of Friends 1. Capital cultivation by investors of one of the Parties in the Party region

others, it will not be unprofitable rather than the treatment given to the investment of capital by the third country's investors.

2. Neither party will treat in its territory, capital planters

of the other Parties, relating to the management, use, enjoyment or sharing of its capital planting, despite any activities related to the cultivation of The capital, to treat the less profitable than the one provided to the third state investor.

Article IV

Replace Rugi for damages and Losses 1. The investors of one of the parties that put their capital in the region

Other parties suffered losses due to war or other gun conflicts, revolutions, states in emergencies, uprisings, riots or riots in the past. The Territory of the Territory that is called last must be treated by other parties, such as restitution, indemnification, indemnification, or other settlement, may not be less profitable than those given by the so-called last party. the capital planters of the third country.

2. Payments related to things called above, such as restitution,

indemnification, indemnification, or any other settlement must be freely transferred in the currency that can be exchanged.

Section V

Exception The provisions of this Agreement in the provision of the treatment should not be less favorable than those given to the capital planter of a third country should not be construed as a liability to one of the Parties to expand it to the investors of other Parties benefit from the treatment, preferences or speciality obtained from: a) Any customs union existing or forthcoming, region

free trade, joint external tariff, monetary unity, border trading arrangements, international approval similar or other form of regional cooperation where either party becomes a party; or

b) Any international agreement or full-related arrangement or

in part by taxation or any provision in the country of the closely related or partially with taxation.

Section VI

Takeover 1. Neither party must take any action for any takeover,

nationalization or revocation of other rights, which has the same influence as nationalization or takeover against the investment of capital planters of other Parties, except in the following circumstances: a. the action is taken for general interest and under the legal process appropriate

with international law; b. such actions are not discriminatory;

c. Actions are accompanied by a quick, adequate and effective payment of compensation. The indemnates must amount to the market value of the capital cultivation exposed directly before the action related to it in the above paragraph is performed or publicly announced and must be transferable freely in the currency that is convertible to the market in effect on the date that applies at the time of the value determination. The transfer must be performed without delay in a period normally required for the completion of the transfer formality, in each case no more than 6 months. Damages must include interest rates from the date of the takedown to the date of payment according to the commercial interest rate.

2. The provisions of paragraph 1 of this section must be applied also to

the revenue of a capital planting, including the liquidation, from the beginning of the process to the liquidation.

Article VII

Repatriation Of Capital Planters 1. Each party must, under applicable law and regulations, allow

without delay, on each case in no more than 6 months, transfer freely in a convertible currency:

a. the amount of net profit, dividends, royalties, technical assistance and technical fees,

other interest and income, in addition to any capital planting of the investor capital of the Other Party;

b. continuation of whole or part of liquidation or sale of any capital planting of capital planters from other Parties;

c. funds as payment return payment; d. the revenue of any citizen of the other party employed and

permitted to work with regard to the cultivation of capital in its territory. 2. Each party must, under applicable law and regulations, allow

free transfer within its territory of the moving wealth expressed as part of the capital planting by the investors of the other party.

3. The Parties do in accordance with the transfer as described in paragraph 1

and 2 of this section the treatment is not less favourable than the one given in the transfer derived from the investment of capital planters. of the third country.

Article VIII

The Treatment of Other Regulation If the provisions of the rule of any of the Parties or obligations under current or future international law are made between the Parties as an additional over the This consent contains rules, both common and special, giving to The cultivation of the other party investors is a more favorable treatment than those provided by the Agreement, such regulations must be extended to be more favourable treatment, enacted in this Agreement.

section IX Peyeing of Capital Planting Disputes between

Modal Planters and Parties

1. Each party is willing to submit its approval to The International Capital Cultivation Dispute Resolution Center (ICSID) ("Center") For the completion of conciliation or arbitration under the Convention on the Settlement of Cultivation between the State and the Settlement of Investment Dispute between States and National of other States ("Convention") , which is open to be signed in Washington D.C. on March 18, 1965, any legal dispute arising between the Party and the Modal Planters of the Other Side, regarding capital planting by the last called capital planters in the region of the Party Another.

2. If a dispute arose and an agreement could not be reached within 6

(six) months between the parties, the disputed planters stated in writing to submit the dispute to the Centre for the cause of the dispute. a settlement through a conciliation or arbitration in accordance with the Convention, either of the Parties may proceed with the request of the Secretary General of the Centre in accordance with Article 28 and Section 36

Convention. At the time of the disagreement either in conciliation or arbitration according to the proper procedure, the disputed investors are entitled to vote. The parties who are at odds cannot submit any kind of objection in any form in proceeding or carrying out decisions taken by other party investors who have received a licensing contract from the indemnities. as a result of the loss.

3. Neither party can deliver a settlement through the channel

diplomatic any disputes have been made through the Centre, except: a. The Secretary-General of the Centre, a Conciliation Commission or a body

The arbitration of arbitration which states it, determines that disputes are not in the right of Central jurisdiction, or

b. The other party fails to approve or fulfill the decisions made by an arbitration judicial body.

Article X

The resolution of the Disputes between the Parties 1. Disputes between the Parties regarding the interpretation or application of this agreement

must, if possible, be resolved through diplomatic channels. 2. If the dispute between the Parties cannot be resolved within 6 (six)

the month, then must at the request of one of the Parties be submitted to the international arbitration judiciary in accordance with the parties ' mutual agreement.

Article XI

Subrogation If one party or designated body makes a payment to its investors under a copy that has been approved in accordance with the investment of capital, the other party must, without any doubt regarding the rights of the Party previously pursuant to section X, recognize the transfer of any rights or authority over the investment of capital to the previous party and the suggestion of the previous party for any rights and authority. With respect to the transfer of payments from surrogacy, the provisions of Article VI and section VII shall prevail in its own right.

Article XII Empowerment of this Agreement

This agreement applies to capital planting by capital planters of the Republic of Republic of Indonesia in the territory of the Republic of Indonesia which had received prior permission in accordance with the Indonesian Republic's Law No. 1 of 1967 regarding

Foreign Capital Cultivation and any Act that changes or supersede, and against the cultivation of capital by investors of the Republic of Indonesia in the territory of the Republic of Finland in accordance with the Act and the rules of which In effect.

Section XIII Consultation and Change

Each party may request a consultation on each issue and agreed upon by the two Parties to discuss it, including the possibility to make a change of This Consent.

Article XIV Starts Applicable, Term

And Termination 1 . This Agreement begins in effect 30 (thirty) days from the date

the notification from the Government of the Parties after mutual notifying that the alignment of the constitutional requirements for the implementation of this agreement has been met.

2. This agreement is valid for a 10-year period. Further will continue to apply

unless the termination is performed 12 (twelve) months from the date of notice by one of the Parties in writing to the other regarding its decision to terminate this agreement.

3. With respect to the cultivation of capital carried out or acquired before

the date of termination of this Agreement, the provisions of the Section I to XIII shall remain in effect for a term of 10 (ten) years, accounting for the date of termination.

As evidence, signed below, which is given full power by the Government of each has signed this Persetjuan. It was performed in Helsinki on 13 March 1996 in English for the Government of the Republic of Indonesia Republic of Finland ttd. -Yeah. SOEMADI D.M. BROTODININGRAT JUKHA VALTASAARI

Director General Relations Minister of Foreign Economic Affairs of the Ministry of Foreign Affairs

P R O T O K O L On the signing of the day over the Agreement between Republic of Indonesia and the Republic of Finland regarding the Increlatable and Protection of Capital Cultivation, signed representatives has agreed to the following formulas which are stated as a single unit of Approval. The Government of the Republic of Indonesia recognizes the principle of the need for investors to be made by investors of the Republic of Finland in the territory of the Republic of Indonesia, having the right to remain limited use of the special treatment. This treatment should not be in the less favourable case of Act No. 1 of 1967, as amended in the 1970s, as granted. It was performed in Helsinki on 13 March 1996, in a double double (two) in English. THE GOVERNMENT FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA REPUBLIC OF FINLAND. -Yeah. SOEMADI D.M. BROTODININGRAT JUKHA VALTASAARI Director General Relations Minister of Foreign Affairs of the Ministry of Foreign Affairs

WARTA THE LAWS OF 1996 NUMBER 1588