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Artigo 18.º — Vigência e denúncia

Vigente desde: 19/10/2012
  1. 1 -O presente Acordo permanecerá em vigor por cinco anos, renovável automaticamente por períodos iguais e sucessivos, salvo se uma das Partes notificar, por escrito e por via diplomática, a sua intenção de denunciar este Acordo seis meses antes do seu termo.
  2. 2 -A denúncia do presente Acordo não prejudica a validade da duração de nenhum dos acordos específicos para a execução de projetos ou atividades ao abrigo deste Acordo até à conclusão desses acordos específicos.

    Em fé do que os abaixo assinados, devidamente autorizados pelos seus Governos, assinaram este Acordo.

    Feito em duplicado em Jacarta nesta data 22 de maio no ano de 2012 nas línguas portuguesa, indonésia e inglesa, sendo todos os textos igualmente autênticos. Em caso de divergência de interpretação do presente Acordo, prevalecerá a versão inglesa.

    Pela República Portuguesa:

    Paulo Sacadura Cabral Portas, Ministro de Estado e dos Negócios Estrangeiros.

    Pela República da Indonésia:

    R. M. Marty M. Natalegawa, Ministro dos Negócios Estrangeiros.

    (ver documento original)

    AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF INDONESIA ON ECONOMIC CO-OPERATION

    The Portuguese Republic and the Republic of Indonesia hereinafter individually referred to as the «Party» and collectively referred to as the «Parties»:

    Conscious of the importance of economic co-operation for the development of the relations between both countries;

    Bearing in mind the desire to strengthen the existing friendly relations between Parties and their peoples in favor of the economic development of both countries;

    Wishing to promote and develop advantageous economic co-operation between the two countries based on the principles of equality, reciprocity and mutual benefit;

    Convinced that this Agreement will contribute to the development of the economic relations between them in the new reality and in particular to the enhancement of the mutually beneficial trade, economic, technical, industrial, energy, and technological co-operation;

    Taking into account the prevailing laws and regulations of the respective Parties as well as the international obligations binding each Party:

    have agreed as follows:

    Article 1

    Objectives

    The objective of this Agreement is to enhance the existing economic relations including promoting and developing co-operation in the areas of trade, industry, energy and related technical fields between the two Parties.

    Article 2

    Scope of co-operation

  3. 1 -Economic co-operation referred to in this Agreement shall include, among others, the following areas:
    1. a)Trade;
    2. b)Industry;
    3. c)Energy.
  4. 2 -The Parties may decide to cooperate in other areas that are mutually agreed upon.

    Article 3

    Co-operation mechanisms

    Without prejudice to other beneficial measures for the implementation of bilateral co-operation and with a view to reinforce the bilateral economic relationship, the Parties shall:

    1. a)Encourage the promotion of contacts between the public institutions of both countries, including the exchange of experts under terms to be agreed upon between the concerned bodies;
    2. b)Support the participation in initiatives such as fairs, exhibitions, symposia and other meetings agreed by the Parties intended to promote and develop co-operation between the two countries and mainly between their economic agents and representative organizations;
    3. c)Facilitate the implementation of new forms of co-operation such as the creation of joint ventures, cross investments, the exchange of technologies and the joint production of goods and other forms agreed by the Parties;
    4. d)Provide timely information to economic agents of the two countries about the concrete opportunities of co-operation and development of bilateral economic relations;
    5. e)Support co-operation between economic organizations and enterprises of the two countries, especially small and medium enterprises, namely the establishment of long term programmes, protocols and contracts;
    6. f)Encourage co-operation in the field of consumer policies, including the exchange of information and best practices.

      Article 4

      Implementing arrangement

      The implementation of this Agreement shall be defined in specific arrangements to be agreed by the Parties which shall be subject to and in conformity with the Agreement.

      Article 5

      Economic co-operation

      In order to promote the bilateral economic co-operation, the Parties shall undertake measures which shall include:

    7. a)Support the exchange of information on bilateral economic relations statistics, information on eventual market access barriers to trade and other measures applied in both countries;
    8. b)Promote and support business missions, business and institutional linkages and other initiatives which bring together potential business partners;
    9. c)Undertake the capacity building program including training and technical assistance in areas related to trade such as standardization, metrology, conformity assessment, customs procedure and other areas of common action in the field of quality.

      Article 6

      Co-operation on industry

  5. 1 -The Parties shall promote the development of industrial co-operation by performing exchange of information on industry of the two countries.
  6. 2 -The Parties shall promote the development of green industry in the two countries.

    Article 7

    Co-operation on energy

    Specifically to enhance co-operation in the energy sector, in particular concerning renewable energy and energy efficiency, the parties agree on:

    1. a)Diversifying energy supplies in order to improve energy security, and develop new innovative and renewable forms of energy, including, sustainable bio fuels and biomass in conformity with country specific conditions, geothermal, hydro power, solar, wind and ocean energy;
    2. b)Supporting the development of appropriate policy frameworks to create favorable conditions for investment and a level playing field for renewable energy;
    3. c)Strengthening the links between professional associations, industrials and investors in the energy sector of both countries;
    4. d)Promoting the dialogue between companies for mutual understanding of skills and capacities in matters under this Agreement for co-operation;
    5. e)Disseminating the information on plans and energy projects from economic agents, aiming to create opportunities for investments in both states;
    6. f)Achieving rational use of energy with contributions from both supply and demand sides by promoting energy efficiency in energy production, transportation, distribution and end-use, namely in building and transportation;
    7. g)Fostering and transferring the technology aimed at sustainable energy production and use;
    8. h)Promoting the organization of conferences, workshops, capacity building and other activities with the aim of experience exchange on renewable energy and energy efficiency.

      Article 8

      Establishment of offices

      The Parties shall facilitate in their own countries and subject to their internal legislation the establishment of offices representing economic organizations of the other Party.

      Article 9

      Intellectual property rights

  7. 1 -Both Parties shall ensure and reinforce the protection of intellectual property rights, namely geographical indications, within their domestic laws and international obligations.
  8. 2 -In case of intellectual property rights resulting from specific arrangements, programs or projects, the Parties shall conclude separate arrangements in accordance with their respective regulations, domestic laws and international obligations.

    Article 10

    Confidentiality

  9. 1 -Each Party shall undertake to observe the confidentiality and secrecy of documents, information and other data received or supplied to the other Party during the periode of the implementation of this Agreement or any other agreements made pursuant to the Agreement.
  10. 2 -If either Party wishes to disclose any data and or information resulted from and or supplied by the other Party for the co-operation activities under this Agreement to any third party, the disclosing Party must obtain prior written consent from said other Party before any disclosure can be made.
  11. 3 -The Parties agree that the provision of this article shall continue to be binding between the Parties notwithstanding the termination of this Agreement.
  12. 4 -The provision of this article shall not prejudice the prevailing laws and regulations of the Parties.

    Article 11

    Expenses

    Unless otherwise agreed, each Party shall bear the cost and expenses for its participation in activities under this Agreement.

    Article 12

    Joint committee

  13. 1 -With a view to ensure the implementation of the present Agreement, the Parties shall establish a joint committee, composed of representatives from both countries in charge of economic bilateral relations.
  14. 2 -The joint committee will meet if necessary, once every two years, and at the request of one of the Parties, alternately in Indonesia and Portugal.
  15. 3 -The joint committee shall be responsible for the adequate implementation of the present Agreement, supervise and co-ordinate the economic co-operation between the two countries. It shall identify areas of co-operation of mutual interest and recommend measures to reinforce the economic bilateral relations and contribute to the resolution of any arisen difficulties.
  16. 4 -If deemed necessary, the joint committee may decide the setting up, under its aegis of working groups on sectors of mutual interest.
  17. 5 -The joint commission shall approve its own rules of procedure.

    Article 13

    Limitation of personnel activities

    The Parties ensure that their personnel engaged in the activities under this Co-operation Agreement shall, while visiting the other Party's territory, engage only in activities under the framework of this Co-operation Agreement and respect the national laws and regulations of the respective countries.

    Article 14

    Relations to other international agreements

    This Agreement shall not prejudice the rights and obligations of the Parties stemming from other international agreements to which the Republic of Indonesia and the Portuguese Republic are Parties to.

    Article 15

    Amendments

    This Agreement can be amended at any time by written mutual consent by the Parties. Such amendments shall entry into force in accordance with article 17.

    Article 16

    Dispute settlement

    Any disputes arising out of the interpretation or implementation of this Agreement shall be settled amicably through consultations and or negotiations between the Parties, through diplomatic channels.

    Article 17

    Entry into force

    The Agreement shall enter into force 30 days after the date of receiving of the latter diplomatic note confirming that all internal legal procedures of the respective Party for entry into force of this Agreement have been fulfilled.

    Article 18

    Duration and termination

  18. 1 -The Agreement shall remain in force for a period of five years and shall be automatically extended for subsequent period of five years thereafter, unless either Party notifies in writing, through diplomatic channels of its intention to terminate this Agreement six months before such termination.
  19. 2 -The termination of this Agreement shall not affect the validity of duration of any specific arrangement of projects or activities made under this Agreement until the completion of such specific arrangement or project of activities.

    In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

    Done in duplicate at Jakarta on this date 22 of May in the year of 2012 in portuguese, indonesian and english languages, all texts being equally authentic. In case of divergence of interpretation of this Agreement, the english text shall prevail.

    For the Portuguese Republic:

    Paulo Sacadura Cabral Portas, Minister of State and Foreign Affairs.

    For the Republic of Indonesia:

    R. M. Marty M. Natalegawa, Minister of Foreign Affairs.

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