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Protocol Overeenkomst inzake economische samenwerking tussen het Koninkrijk der Nederlanden en de Republiek Indonesië

At the time of signing the Agreement on Economic Cooperation between the Government of the Kingdom of the Netherlands and the Government of the Republic of Indonesia, the undersigned Plenipotentiaries have, in addition, agreed on the following understanding which shall be regarded as an integral part of the said Agreement:

Re Article 2 (maritime affairs)

Whilst recognizing the principle of the free participation of sea-going vessels of whatever nationality in international traffic, the Government of the Republic of Indonesia wishes to make clear that certain temporary measures to further the maritime activities, are a consequence of the necessity to develop the Indonesian merchant marine.

Re Article 5

(1) Whilst recognizing the principle that the treatment of Netherlands investments shall in no case be less favourable to the investors than the treatment of its own nationals, the Indonesian Government reserves its position with regard to national treatment of Netherlands investments in view of the present stage of development of the Indonesian national economy.

The Indonesian Government shall endeavour to the best of its ability to assure national treatment of Netherlands investors. However, as a reflection of recent developments, foreign owned and Indonesian owned businesses presently do not share identical rights, the Foreign Capital Investment Law differing from the Domestic Capital Investment Law.

In no case shall treatment of Netherlands investments be less favourable than Law no. 1 of 1967 permits.

When, pursuant to present or subsequent legislation, the Indonesian Government extends additional advantages to Indonesian investors, the Indonesian Government shall, in order to ensure fair and equitable treatment, grant identical or compensating facilities to Netherlands investors engaged in similar economic activities.

(2) With regard to the employment of foreign managerial, commercial or technical staff-personnel in an enterprise, in case such employment is subject to a licence according to the national legislation of the Contracting Party in the territory of which such enterprise will be established or is run, that Contracting Party will adopt a lenient attitude when deciding on applications for such licences, taking into account the importance of a just personnel-policy in the framework of the general management of an enterprise.

Re Articles 10 and 11

The applicability of the obligations laid down in Article 11 shall, in derogation of Article 10, commence on the date of the entry into force of the present Agreement, it being understood that before that date Indonesia shall have ratified the Convention of Washington of March 18, 1965.

Regeling
Overeenkomst inzake economische samenwerking tussen het Koninkrijk der Nederlanden en de Republiek Indonesië
Soort
Verdrag
Geldend vanaf
01-07-1995
BWB-id
BWBV0004240
Versie
1995-07-01_0

In de hele regeling · Officiële tekst op wetten.overheid.nl