PRESIDEN

REPUBLIK INDONESIA

KEPUTUSAN PRESIDEN REPUBLIK INDONESIA

NOMOR 86 TAHUN 2001
TENTANG
PENGESAHAN AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC
OF INDONESIA AND THE ASEAN FOUNDATION ON THE HEADQUARTERS
SEAT OF THE FOUNDATION (PERSETUJUAN ANTARA PEMERINTAH
REPUBLIK INDONESIA DAN YAYASAN ASEAN TENTANG
KEDUDUKAN MARKAS BESAR YAYASAN ASEAN)

PRESIDEN REPUBLIK INDONESIA,

Menimbang : a. bahwa di Jakarta, pada tanggal 28 Januari 1999 Pemerintah Republik Indonesia telah
menandatangani Agreement between the Government of the Republic of Indonesia
and the ASEAN Foundation on the Headquarters Seat of the Foundation (Persetujuan
antara Pemerintah Republik Indonesia dan Yayasan ASEAN tentang Kedudukan
Markas Besar Yayasan ASEAN), sebagai hasil perundingan antara Delegasi-delegasi
Pemerintah Republik Indonesia dengan Yayasan ASEAN;
b. bahwa sehubungan dengan itu, dipandang perlu untuk mengesahkan Agreement
tersebut dengan Keputusan Presiden;

Mengingat : 1. Pasal 4 ayat (1) dan Pasal 11 Undang-Undang Dasar 1945;

2. Undang-undang Nomor 24 Tahun 2000 tentang Perjanjian Internasional (Lembaran
Negara Tahun 2000 Nomor 185, Tambahan Lembaran Negara Nomor 4012);

MEMUTUSKAN:

Menetapkan :
KEPUTUSAN PRESIDEN TENTANG PENGESAHAN AGREEMENT BETWEEN THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA AND THE ASEAN FOUNDATION ON THE HEADQUARTERS SEAT OF
THE FOUNDATION (PERSETUJUAN ANTARA PEMERINTAH REPUBLIK INDONESIA DAN YAYASAN
ASEAN TENTANG KEDUDUKAN MARKAS BESAR YAYASAN ASEAN).

Pasal 1
 PRESIDEN
REPUBLIK INDONESIA
- 2 -

Pasal 1

Mengesahkan Agreement between the Government of the Republic of Indonesia and the ASEAN
Foundation on the Headquarters Seat of the Foundation (Persetujuan antara Pemerintah Republik
Indonesia dan Yayasan ASEAN tentang Kedudukan Markas Besar Yayasan ASEAN), yang telah
ditandatangani Pemerintah Republik Indonesia di Jakarta, pada tanggal 28 Januari 1999, sebagai hasil
perundingan antara Delegasi-delegasi Pemerintah Republik Indonesia dengan Yayasan ASEAN, yang
salinan naskah aslinya dalam bahasa Inggris dan terjemahannya dalam bahasa Indonesia sebagaimana
terlampir pada Keputusan Presiden ini.

Pasal 2

Apabila terjadi perbedaan penafsiran antara naskah terjemahan Agreement dalam bahasa Indonesia
dengan salinan naskah aslinya dalam bahasa Inggris sebagaimana dimaksud dalam Pasal 1, maka yang
berlaku adalah salinan naskah aslinya dalam bahasa Inggris.

Pasal 3

Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.

Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden ini dengan
penempatannya dalam Lembaran Negara Republik Indonesia.

Ditetapkan di Jakarta
pada tanggal 10 Juli 2001
PRESIDEN REPUBLIK INDONESIA,
ttd,
ABDURRAHMAN WAHID
Diundangkan di Jakarta
pada tanggal 10 Juli 2001
SEKRETARIS NEGARA
REPUBLIK INDONESIA,
MUHAMMAD M. BASYUNI

LEMBARAN NEGARA REPUBLIK INDONESIA TAHUN 2001 NOMOR 99

 AGREEMENT
BE1WEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE ASEAN FOUNDATION
ON
THE HEADQUARTERS SEAT OF THE FOUNDATION

The Government of the Republic of Indonesia, represented by the Minister for Foreign Affairs,
(hereinafter referred to as the BOST COUNTRY), and the ASEAN Foundation, represented
by the Chairman of the Board of Trustees of the ASEAN Foundation, (hereinafter referred to
as the FOUNDATION);

WHEREBY the BOST COUNTRY and the FOUNDATION hereafter referred to as the
PARTY or PARTIES;

DETERMINED TO PURSUE the objectives outlined in the ASEAN Vision 2020 through,
inter alia, the promotion of greater awareness of ASEAN and greater interaction among the
peoples of ASEAN as well as their wider participation in ASEAN s activities by utilising human
resources development and a development cooperation strategy that promotes mutual
assistance, sustainable economic development and poverty alleviation;

CONVINCED that cooperative efforts are necessary to achieve such objectives effectively and
that such efforts contribute to the promotion of fiiendly relations between the ASEAN Member
Countries;

REFERRING to the Memorandum of Understanding (MOU) on the Establishment of the

ASEAN Foundation signed in Kuala Lumpur on 15 December 1997;

HA VE AGREED AS FOLLOWS:

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 Article 1
DEFINmONS

For the purpose of this Agreement:

(a) Government means the Government of the Republic of Indonesia;

(b) ASEAN means the Association of South East Asian Nations;

(c) Secretariat means the Secretariat of the ASEAN Foundation;

(d) Foundation means the ASEAN Foundation;

(e) appropriate government authorities means such national or other authorities in Indonesia
that may be appropriate in this context and in accordance with prevailing laws and
regulations in Indonesia;

(f) research institutions in ASEAN means internationally recognized institutions, agencies and
companies in the government sector, private sector, universities and non-government
organizations conducting research;

(g) Headquarters means the buildingls or parts of the buildingls and the land ancillary thereto
within the Republic of Indonesia, irrespective of ownership, used for the purposes of
establishing and maintaining the Headquarters of the Foundation temporarily located at the
ASEAN Secretariat building in Jakarta, Indonesia;

(h) Board means the Board of Trustees of the Foundation;

(i) property of the Foundation means all property, including fund s, income and other assets,
leased, held or administered by the Foundation under arrangements of trust, endowment,
bail, pledge or otherwise stated, in furtherance of the objectives outlined in the Mission of
the Foundation;

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G) archives of the Foundation means all correspondence, documents, computer data,
computer software, manuscripts, still and motion pictures, films, video and sound
recordings, information systems, libraries and publications, scientific collections and
associated records, belonging or held by the Foundation in furtherance of its mission;

(k) Staff members means the Executive Director and all persons appointed, recruited, or
engaged by the Foundation under the Foundation rules and regulations; and

(I) Executive Director means the Executive Director of the Foundation.

Article 2
GENERAL PROVISIONS

1. The Host Country, as the owner of the Headquarters, undertakes to lend to the
Foundation free of charge the use of the Headquarters.

2. The lending by the Host Country to the Foundation of the use of premises as Headquarters
shall continue for as long as the Foundation has its seat in Jakarta, Indonesia. In the event
that the Foundation ceases to maintain its seat in Jakarta, Indonesia, the use of the
premises heretofore used as Headquarters shall revert to the Host Country.

3. The official language of the Foundation shall be English.

Article 3
RESPONSIBILITIES OF THE HOST COUNTRY

1. The Host Country recognises the Foundation as an autonomous, non-profit international

organisation of an international juridical personality and the capacity of the Foundation to
perform legal acts in accordance with its constitutional functions. The Foundation shall
have the capacity to (i) contract; (ii) to acquire and dispose of movable and immovable
property; and (iii) to institute legal proceedings.

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2. (a) The Host Country recognises the right of the Foundation to convene meetings within
the Headquarters, or elsewhere in the Host Country, in consultation with appropriate
government authorities~

(b) The Host Country recognises the freedom of assembly in the way of conducting the
proceedings of full freedom in discussions and decision-making at meetings convened
by the Foundation in relation to its official functions.

3. With regard to the objectives and activities of the Foundation in Indonesia, the Host
Country recognises the right of the Foundation to freely conduct activities as prescribed
in the MOU establishing the Foundation, and publish and disseminate the results of these
activities and other information both within and without the Host Country in pursuit of the
MOU.

4. The Host Country shall not incur any international responsibility for acts or omissions of
the Foundation or of its staff acting within the scope of their functions.

Article 4
RESPONSIBILITIES OF THE FOUNDATION

The Foundation shall be responsible for:

I. the maintenance of the landscape, parking facilities and fencing, and the remodeling
thereof

2. the maintenance of the building and any remodeling or partitioning thereof.

3. the cost of maintenance of facility fixtures, furniture and furnishings provided by the Host
Country.

4. the cost of any additional furniture and furnishings desired by the Foundation.

5. the cost of janitorial services, security services, electricity, telephone and water bills and
all other charges for public services supplied by the Host Country to the Foundation.

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6. the cost of insurance of the Headquarters and its contents.

7. the cost of maintenance and replacement, if necessary, of the Foundation s equipment

other than fixtures, furniture and furnishings provided by the Host Country, repairs of a
recurring nature, the upkeep through the provision of services and general maintenance
of the Headquarters of the Foundation in a proper and suitable condition.

8. allowing duly authorised representatives of public utilities to inspect, repair, maintain,

reconstruct and relocate utilities, conduits, mains and sewers within the premises of the
Foundation and its facilities.

Article 5
ESTABLISHMENT OF THE HEADQUARTERS

The Host Country authorises the establishment of the Headquarters of the Foundation in the
Republic of Indonesia composed of a Board of Trustees, a Council of Advisors, an Executive
Director and such other Sta.ff Members as the Foundation may appoint, and facilities as
stipulated in articles 6,7,8,9,10 and 11.

Article 6
THE HEADQUARTERS SEAT

1. The Headquarters of the Foundation shall be in the Headquarters seat and shall not be
removed therefrom unless with the agreement of the Host Country. Any temporary
transfer of the headquarters to another place shall not constitute a removal of the
permanent headquarters unless there is an express decision by the Foundation to that
effect.

2. Any building in the Host Country which is used with the concurrence of the Government
of the Host Country for meetings convened by the Foundation, shall be temporarily
included in the headquarters seat.

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 3. The appropriate Host Country authorities shall take whatever action is necessary to ensure
that the Foundation shall not be dispossessed of all or any part of the headquarters seat.

4. The Host Country hereby grants to the Foundation, and the Foundation hereby accepts
from the Host Country, the use and occupation of a Headquarters seat as may from
time-time be defined in supplementary agreements to be concluded between the
Foundation and the Host Country.

5. The Host Country hereby provides free of charge to the Foundation, and the Foundation
hereby accepts, as from the date of entry into force and during the life of this Agreement,
the use and occupancy of premises in Jakarta and the use of installations therein contained
0 for the operation and management of the Headquarters seat.

6. The conditions of tenure, occupancy and use by the Foundation of the Jakarta premises
and installations described in point (5) of this Article, shall be the subject of the separate
supplementary agreements between the Foundation and the Host Country.

7. With respect to the Jakarta premises and the instalJations provided therein, the Host
Country shall be responsible for refurbishment of the premises to standards mutualJy
agreed upon by the Host Country and the Foundation.

8. Without limitation by reason of this enumeration, the identification, definition, tenure,

conditions and provision ofaccess, protection from fire and incursion, shall be the subject
of separate supplementary agreements between the Foundation and the Host Country.

Article 7
INVIOLABILITY OF THE HEADQUARTERS SEAT

l. The Host Country recognises the inviolability of the Headquarters seat, which shall be
under the control and authority of the Foundation, as provided in this Agreement.

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2. No officer or official of the Host Country, or other person exercising any public authority
within the Host Country, shall enter the Headquarters seat to perform any duties therein
except with the consent of, and under conditions approved by the Executive Director. The
service of legal process, including seizure of private property shall not take place within
the headquarters seat, except with the express consent of, and under conditions approved
by, the Executive Director.

3. Without prejudice to the Headquarters Agreement, the Foundation shall prevent the
Headquarters seat from being used as refuge for persons who are avoiding arrest under
any law of the Host Country, who are required by the Government of the Host Country
for extradition to another country, or who are endeavouring to avoid service of legal
process.

4. In the event of a natural disaster, fire or any other emergency constituting an immediate
threat to human life, the consent of the Executive Director is presumed.

5. The Headquarters seat shall not be used in any manner incompatible with the Foundation
functions.

6. Except as otherwise provided in this Agreement, and subject to any regulations enacted
under point (8) of this Article, the laws of the Host Country shall apply within the
Headquarters seat.

7. Except as otherwise provided in this Agreement, the courts or other appropriate organs
of the Host Country shall have jurisdiction, as provided in applicable laws, over acts done
and transactions taking place in the Headquarters seat.

8. The Foundation shall have the power to make internal arrangements for the full and
independent exercise of its functions.

9. Point (8) of this Article shall not prevent the application of fire protection or occupational
health and safety or sanitary regulations of the appropriate government authorities.

7
 Article 8
PUBLIC U1UITIES IN THE HEADQUARTERS SEAT

1. To enable the Foundation to implement its functions efficiently and without disruption, the
Host Country shall provide essential public utilities at the headquarters seat.

2. The appropriate government authorities shall meet, to the extent of their respective
capabilities and powers, the requests of the Executive Director to supply the necessary
public utilities, such as electricity, water, sewerage, post, telecommunications, local
transportation, drainage, coUection of refuse, and fire protection.

3. In case of any intenuption or threatened interruption of any such services, the appropriate
government authorities shall consider the needs of the Foundation as being of equal
importance with those of essential agencies of the Government of the Host Country, and
shall take steps accordingly to ensure that the work of the Foundation is not prejudiced.

4. The Executive Director shall, upon request, make suitable arrangements to enable duly
authorised representatives of the appropriate public utility bodies to inspect, repair,
maintain, reconstruct and relocate services within the Headquarters seat under conditions
which shall not unreasonably disturb the carrying out of the functions of the Foundation.

5. Where appropriate Host Country authorities or bodies under their control provide public
utilities, the Foundation shall be supplied at the prevailing tariff rates accorded to the Host
Country s governmental administration.

Article 9
PROTECTION OF THE HEADQUARTERS SEAT

1. The appropriate government authorities shall take such measures as may be practicable to
ensure the security and tranquility of the Headquarters seat.

2. Upon request by the Executive Director, the appropriate government authorities shall
provide for the preservation of law and order in the Headquarters seat.

8
 Article 10
STAFF CONDITIONS

I. The Foundation shall ensure that all Staff Members are covered by adequate social security
provisions and health insurance at least equivalent to that offered under the law of the Host
Country.

2. Any provident funds established by or conducted under the authority of the Foundation
shall enjoy legal capacity in the Host Country and shall enjoy the same exemptions,
privileges and immunities as the Foundation itself

3. Staff Members of the Foundation shall not be required to pay income tax to the Host
Country.

4. The Foundation may engage as staff members, the spouses of Staff Members.

5. The provision of work pennits to spouses of international Staff Members for employment
outside the Foundation will be subject to the conditions agreed upon in an exchange of
letters between the Foundation and the Host Country.

Article 11
TRAVEL WITHIN THE HOST COUNTRY

The Host Country Government will facilitate the travel of the Foundation personnel within the
Host Country and ensure their safety.

Article 12
NOTIFICATION OF APPOINTMENTS

I. The Executive Director shall notify the Host Country when a Staff Member of the
Foundation takes up or relinquishes his/her assignment.

9
2. In the absence of the Executive Director, the Staff Member formally authorised to act on
behalf of the Executive Director shall be so recognized by the Host Country.

Article 13
PURCHASES BY THE FOUNDATION

1. Within the scope of its official activities, the Foundation may purchase goods, materials
and services from sources external to and within the Host Country;

2. The Foundation recognises the desirability of purchasing goods, materials and services
within Indonesia where such goods, materials and services are competitively priced and
meet the Foundation specifications; the Foundation shall endeavour to ensure that such
locally available goods, materials and services are purchased in appropriate circumstances.

3. Articles imported or exported by the Foundation shall be exempted from prohibitions and
restrictions. Such articles shall include, without limitation by reason of this enumeration,
scientific and industrial materials of any kind, publications, films, videos and sound
recordings, computing equipment and materials of any kind .

4. Vehicles purchased by the Foundation shall be issued with a suitable license plate
identifying the vehicle as an official vehicle of ASEAN.

Article 14
TAX EXEMPTION

I. The Foundation, its assets, income and property, shall be exempted from:

(a) Income Taxes imposed under Indonesian Tax Law;

(b) Customs duties in respect to articles imported or exported by the Foundation for its
official use; and

(c) Customs duties on imports in respect to publications or materials for its official use.

10
2. In relation to Value Added Tax (VAT), the Foundation shall be exempted from Value
Added Tax and Sales Tax on Luxurious Goods, as long as it meets the requirement of the
existing laws and regulations of the Host Country.

3. The Executive Director and international Staff Members who do not possess the
nationality of the Host Country and who are non-permanent residents of the Host Country,
for the period of their assignment with the Foundation shall be exempted from:

(a) Customs duties on imports of their household and personal effects, including technical
equipment;

(b) Taxation on salary, emoluments and monies paid by the Foundation or by provident
funds in connection with their services with the Foundation, and taxation on income
derived by them from sources outside of the Host Country in accordance with the
applicable income tax law;

(c) Taxes and duties, except Value Added Tax and Sales Tax on Luxurious Goods
provided on paragraph 2, on the purchases in the Host County of one locally
assembled motor vehicle, provided that the period of assignment of the Staff Member
is at least twelve consecutive months.

4. Articles imported under the exemptions in Articles 14 ( l) and 14 (3) shall not be sold and
transferred to any person in the Host Country, except under such conditions agreed to by
the Host Country.

5. While the Foundation will not, as a general rule, claim exemption from excise duties and
from taxes on the sale of movable and immovable property, which form part of the price
to be paid, nevertheless when the Foundation is making important purchases for official
use of property on which such duties and taxes have been charged or are chargeable, the
Host Country shall, whenever possible and granted by Income Tax Law, make appropriate
administrative arrangements conformed with the applicable Value Added Tax Regulation
for the remission or return of the amount of duty or tax.

11
 Article 15
FINANCIAL FACILITIES

I. In order to achieve its objectives and mandate to contribute to ASEAN s development

strategy in various sector, the Foundation may without being restricted by financial
controls, regulations or moratoria of any kind, freely:

(a) Purchase or receive any funds and currencies through authorised channels and hold
and dispose of them;

(b) Maintain local and foreign convertible currency accounts, funds, endowments, or
other financial facilities in any currency in or outside of the Host Country;

( c) Transfer its securities, funds and currencies to or from the Host Country, to or from
any other country, or within the Host Country and convert any currency held by it
into any other currency;

( d) Raise funds from abroad through the exercise of its borrowing power or in any other
manner it deems desirable; and

( e) Borrow within the Republic of Indonesia, except that the Foundation may not borrow
funds from financial institutions in the Host Country.

2. International Staff Members may maintain foreign securities, currencies and other assets
within the Host Country; on termination of employment they may take such assets out of
Indonesia without any restrictions or limitations as to the amount of currency.

3. The Host Country may assist the Foundation to obtain the most favourable conditions in
regard to exchange rates officially recognises as well as banking charges and commissions.

12
 Article 16
PRIVILEGES AND IMMUNITIES

I. The Foundation, and the property of the Foundation, wherever located in the Host
Country, shall enjoy immunity from the legal process, except in so far as in any particular
case the Executive Director has expressly waived immunity;

2. The Board of Trustees in their official capacity shall maintain their fuJI diplomatic status;

3. The Executive Director shall be accorded fulJ diplomatic status;

4. Staff Members of the Foundation shall be immune from jurisdiction and legal process in
the Host Country, including arrest and detention in respect to acts performed by them in
their official capacity. They shall also enjoy immunity for all their official papers and
documents. This provision will not relieve any person from liability for any damage arising
from any criminal act, gross negligence or fraudulent act. The private papers of the
officials of the Foundation shall be held in a place entirely separate from the place where
the official papers and documents are held.

5. The premises and property of the Foundation and its archives, wherever located in the
Host Country, shall be inviolable and shall be immune from search, attachment, requisition,
confiscation, expropriation, and any other form of interference, whether by executive,
administrative, judicial, or regulatory action.

6. The Executive Director of the Foundation shall take measures to ensure that the use of the
premises complies with the laws and regulations of the Host Country.

7. The Host Country shall extend to the Foundation privileges and immunities no less
favourable than those extended to other International Organizations operating in the Host
Country.

13
 Article 17
ABUSE OF PRIVILEGES

1. The Foundation shall cooperate at all times with the appropriate government authorities
in order to prevent any abuse ofthe privileges and facilities provided for in this Agreement.
Without prejudice to their privileges and facilities, it is the duty of the staff of the
Foundation, enjoying such privileges and facilities, to respect the laws and regulations of
the Host Country. In any circumstances, they will not engage in political affairs.

2. The Executive Director shall take every precaution to ensure that no abuse of privileges
or facilities accorded under this Agreement shall occur and for this purpose shall establish
rules and regulations as may be deemed necessary and expedient for the staff of the
Foundation.

3. Should the Host Country consider that an abuse of privileges or facilities accorded under
this Agreement has occurred, the Executive Director shall, upon request, consult the
appropriate authorities in the Host Country. In light of such consultations, the Board, upon
the recommendations by the Executive Director, has the right and duty to waive the
immunity of any Staff Member in any case where, in taking all relevant factors into
consideration, it is concluded that immunity would impede the realisation ofjustice and the
waiver of immunity would be without detriment to the interests of the Foundation.

Article 18
COMMUNICATIONS

1. The Host Country shall provide the Foundation access to all necessary international
electronic and telecommunications facilities and networks in confonnity with international
standards.

2. The Foundation may establish and operate such additional electronic and
telecommunications facilities as might be specified by the supplementary agreement
between the Foundation and the ASEAN member countries.

14
3. The Foundation shall enjoy treatment no less favourable than that accorded by the Host
Country to any other International Organisation, in the manner of priorities and rates for
mails, cables, telegrams, radiograms, telephone and other communications, and press rates
for information to press and radio.

4. No censorship be applied to the official correspondence or communications of the

Foundation. Such privileges shall extend to the publications, computerized records and
information, still and motion pictures, films, video and sound recordings, and archives of
the Foundation. When circumstances requiring the enforcement of censorship in the Host
Country exist, the Executive Director shall take necessary measures at the request of the
Host Country, to prevent any abuse of the privileges on censorship enjoyed by the
Foundation.

5. The interpretation of this Article 18 shall not be construed to preclude the adoption of
appropriate security precautions and should be determined in the agreement between the
Foundation and the Host Country.

Article 19
THE PURPOSE OF PRIVILEGES AND IMMUNITIES

1. The privileges and immunities accorded to the Foundation are granted in the interest of the
implementation of the functions of the Foundation and not for personal benefit of
individual Staff Members.

2. If the Host Country considers that there has been an abuse of a privilege or immunity
conferred by this Agreement, consultations shall be held between the Host Country and
the Foundation to determine whether any such abuse has occurred and, if so, to ensure that
no repetition of such abuse occurs.

3. Any provisions of this Agreement shall not prejudice the rights of the Host Country
Government to take all precautionary measures to safeguard the national interests of the
Host Country.

15
 Article 20
TRANSIT AND RESIDENCE

1. The Government of the Host Country shall take all measures necessary to facilitate the
entry into, sojourn in and departure from the Host Country of the Foundation s Staff
Members, their families, members of the Board, members of the Advisory Council,
participants in the Foundation programmes and persons visiting the Headquarters seat on
official business, irrespective of their nationality. The Government of the Host Country
should expedite the issuance of all documentation required for the entry of, and
performance of work by the Foundation International Staff Members, members of the
Board, members of the Advisory Council, participants in the Foundation programmes and
persons visiting Host Country on Foundational activities.

2. Paragraph 1 of this Article 20 shall not prevent the requirements of necessary documents
to establish that persons claiming the rights granted by this Article 20 come within the
classes described in paragraph 1, or the reasonable application of quarantine and health
regulations.

3. The Executive Director shall notify the Government of the Host Country of the names of
persons referred to in paragraph I of this Article 20.

4. Any visas required by the persons referred to in this Article 20 shall be granted without
charge and in an expeditious manner.

5. The Government of the Host Country shall recognise and accept as a valid travel
document the United Nations Laissez-passer if issued to International StaffMembers or
persons entering and sojourning in the Host Country on official business of the
Foundation.

16
 Article 21
SETTLEMENT OF DISPUTES

Any disputes between the Host Country and the Foundation concerning the interpretation or
application of this Agreement or any supplementary agreement, or any question arising that
affects the Headquarters Seat or the relationship between the Host Country and the
Foundation, shall be settled amicably through negotiations.

Article 22
AMENDMENTS

1. This Agreement may be added to or amended at any time by the mutual consent of the two
parties.

2. Consultations with respect to the amendments of this Agreement shall be entered into at
the request of either party.

3. Any understanding, amendment or extension may be effected by an Exchange of Letters

between the Executive Director, following approval by the Board, and an authorised
representative of the Host Country.

4. Whenever this Agreement impose obligations on the appropriate government authorities,

the ultimate responsibility for the fuJfillment of such obligations shall rest with the
Government of the Host Country.

Article 23
ENTRY INTO FORCE AND TERMINATION

1. This Agreement shall enter into force on the date of notification to the Executive Director
of the Foundation of its ratification by the Host Country.

17
2. This Agreement may be terminated by either Party on three months written notice to the
other expressly notifying its intention to do so. In the event of such termination, this
Agreement shall cease to be in force after a period deemed reasonably required for the
settlement of the affairs of the Foundation and the disposal of its property in the Host
Country.

IN WITNESS WHEREOF the respective representatives, have signed this Agreement.

j
. ,,.t-'
DONE AT Jakarta, in duplicate, in the English language, on the -t w e nt j - e, ~hi: day of J
One. -lnovSQncJ- ntl'\e hvnd.r12cL an.cL ri1"et ~:r"ine

FOR THE GOVERNMENT OF FOR THE

THE REPUBLIC OF INDONESIA ASEAN FOUNDATION

0"' r-
~:Jr MJ
\..
ALIAI <\TAS RIDZWAN DZAFl.R
MINISTER FOR FCREIGN AFFAIRS CHAIRMAN OF THE
BOARD OF TRUSTEES

18