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Japan-Indonesia Economic Partnership Agreement

IJEPA

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0% found this document useful (0 votes)
17 views23 pages

Japan-Indonesia Economic Partnership Agreement

IJEPA

Uploaded by

exim
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

IMPLEMENTING AGREEMENT

BETWEEN
THE GOVERNMENT OF JAPAN AND
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
PURSUANT TO ARTICLE 13 OF THE AGREEMENT
BETWEEN JAPAN AND THE REPUBLIC OF INDONESIA
FOR AN ECONOMIC PARTNERSHIP

Preamble

The Government of Japan and the Government of the


Republic of Indonesia (hereinafter referred to as
“Indonesia”),

In accordance with Article 13 of the Agreement between


Japan and the Republic of Indonesia for an Economic
Partnership, signed at Jakarta on August 20, 2007
(hereinafter referred to as “the Basic Agreement”),

HAVE AGREED as follows:

Chapter 1
General Provisions

Article 1
Definitions

For the purposes of this Agreement:

(a) the term “Countries” means Japan and Indonesia


and the term “Country” means either Japan or
Indonesia; and

(b) the term “Parties” means the Government of Japan


and the Government of Indonesia and the term
“Party” means either the Government of Japan or
the Government of Indonesia.

Chapter 2
Customs Procedures

Article 2
Mutual Assistance in Customs Matters

1. The Parties shall assist each other through their


customs authorities to ensure proper application of the
customs laws of the Countries, and to prevent, investigate
and repress any violation or attempted violation of the
customs laws of the Countries.

1
2. The Parties shall cooperate through their customs
authorities, when necessary and appropriate, in the area of
research, development, and testing of new customs
procedures and new enforcement aids and techniques, and
training activities of customs officers.

Article 3
Information and Communications Technology

1. The customs authorities of the Parties shall make


cooperative efforts to promote the use of information and
communications technology in their customs procedures.

2. The customs authorities of the Parties shall exchange


information, including best practices, on the use of
information and communications technology for the purpose
of improving customs procedures.

Article 4
Risk Management

1. In order to facilitate customs clearance of goods


traded between the Countries, the customs authorities of
the Parties shall continue to use risk management.

2. The customs authorities of the Parties shall endeavor


to promote the use of risk management and the improvement
of risk management techniques in the Countries, inter alia,
through seminars and courses.

3. The customs authorities of the Parties shall exchange


information, including best practices, on risk management
techniques and other enforcement techniques.

Article 5
Enforcement against Illicit Trafficking

1. The customs authorities of the Parties shall cooperate


and exchange information in their enforcement against the
trafficking of illicit drugs and other prohibited goods at
their customs checkpoints.

2. The Parties shall endeavor to promote regional


cooperation under the Customs Co-operation Council in
fighting the trafficking of illicit drugs and other
prohibited goods.

2
Article 6
Intellectual Property Rights

The customs authorities of the Parties shall cooperate


and exchange information in their enforcement against the
importation and exportation of goods suspected of
infringing intellectual property rights.

Article 7
Exchange of Information

1. Each Party shall maintain the confidentiality of any


information communicated to its customs authority in
confidence by the customs authority of the other Party
pursuant to this Chapter, unless the latter customs
authority consents to the disclosure of such information.

2. The customs authority of each Party may limit the


information it communicates to the customs authority of the
other Party when the latter customs authority is unable to
give the assurance requested by the former customs
authority with respect to the maintenance of
confidentiality or the limitations of purposes for which
the information will be used.

3. If the customs authority of a Party that requests


information would be unable to comply with a similar
request in case such a request were made by the customs
authority of the other Party, it shall draw attention to
that fact in its request. Execution of such a request
shall be at the discretion of the customs authority of the
other Party.

4. Information provided from the customs authority of a


Party to the customs authority of the other Party pursuant
to this Chapter shall be used only for the discharge of
functions of the latter customs authority under its
Country’s customs laws.

5. Information obtained by the customs authority of a


Party pursuant to this Chapter shall not be used by the
Party in criminal proceedings carried out by a court or a
judge.

3
6. In the event that information communicated by the
customs authority of a Party to the customs authority of
the other Party pursuant to this Chapter is needed for
presentation to a court or a judge in criminal proceedings,
that other Party shall submit a request for such
information to the former Party through the diplomatic
channel or other channels established in accordance with
the laws and regulations of the Country of the former
Party. The former Party will make its best efforts to
respond promptly and favourably to meet any reasonable
deadlines indicated by the other Party.

7. Notwithstanding any other provision of this Chapter,


the customs authority of a Party shall not be required to
communicate information to the customs authority of the
other Party if such communication is prohibited by the laws
and regulations of the Country of the former Party or if
the former Party considers such communication incompatible
with its important interests.

Article 8
Sub-Committee on Customs Procedures

Pursuant to Article 56 of the Basic Agreement, the


Sub-Committee on Customs Procedures (hereinafter referred
to in this Article as “the Sub-Committee”) shall comprise:

(a) an official from the Ministry of Finance of Japan


and an official from the Directorate General of
Customs and Excise of Indonesia, as co-chairs;

(b) for Japan, officials from the Ministry of Finance


and the Ministry of Foreign Affairs, and other
government officials with necessary expertise
relevant to the issues to be discussed who may be
included on an ad hoc basis; and

(c) for Indonesia, officials from the Directorate


General of Customs and Excise, and other
government officials with necessary expertise
relevant to the issues to be discussed who may be
included on an ad hoc basis.

Chapter 3
Energy and Mineral Resources

Article 9
Forms of Cooperation

Pursuant to subparagraph 3(b) of Article 104 of the


Basic Agreement, the forms of cooperation may include:

4
(a) encouraging exchange of views and information on
laws and regulations;

(b) encouraging and facilitating visits and exchanges


of experts;

(c) encouraging joint studies, workshops and


training; and

(d) promoting implementation of joint projects and


programs.

Chapter 4
Intellectual Property

Article 10
Areas and Forms of Cooperation

Pursuant to paragraph 2 of Article 122 of the Basic


Agreement:

(a) the areas of cooperation may include:

(i) intellectual property brokerage or


licensing, intellectual property management,
registration and exploitation, and patent
mapping;

(ii) intellectual property protection in the


digital environment;

(iii) intellectual property education and public


awareness programs;

(iv) further modernization of administration of


intellectual property protection system; and

(v) further improvement of enforcement of


intellectual property rights; and

(b) the forms of cooperation may include:

(i) exchanging information and sharing


experiences and skills;

(ii) undertaking training and exchange of


experts;

(iii) holding consultations on activities relating


to enforcement of intellectual property
rights; and

5
(iv) other forms to be mutually agreed upon by
the Parties.

Chapter 5
Competition

Article 11
Purpose and Definitions

1. The purpose of this Chapter is to provide for the


details and procedures concerning the implementation of the
cooperation set forth in Article 127 of the Basic
Agreement.

2. For the purposes of this Chapter:

(a) the term “competition authority” means:

(i) for Japan, the Fair Trade Commission; and

(ii) for Indonesia, the Commission for the


Supervision of Business Competition;

(b) the term “competition law” means:

(i) for Japan, the Law Concerning Prohibition of


Private Monopoly and Maintenance of Fair
Trade (Law No. 54, 1947) (hereinafter
referred to in this Chapter as “the
Antimonopoly Law”) and its implementing
regulations as well as any amendments
thereto; and

(ii) for Indonesia, the Law No. 5 of Year 1999


Concerning Prohibition of Monopolistic
Practices and Unfair Business Competition
(hereinafter referred to in this Chapter as
“the Law No. 5”) and its implementing
regulations as well as any amendments
thereto; and

(c) the term “enforcement activities” means any


investigation or proceeding conducted by a Party
in relation to the application of the competition
law of its Country, but shall not include:

(i) the review of business conduct or routine


filings; and

6
(ii) research, studies or surveys with the
objective of examining the general economic
situation or general conditions in specific
sectors.

Article 12
Notification

1. The competition authority of each Party shall notify,


to the extent consistent with the laws and regulations of
its Country, the competition authority of the other Party
of the enforcement activities of its Party that it
considers may affect the important interests of the other
Party.

2. Notifications pursuant to paragraph 1 shall be given


as promptly as possible when the competition authority of a
Party becomes aware that the enforcement activities of its
Party may affect the important interests of the other
Party.

Article 13
Exchange of Information

The competition authority of each Party shall, as


appropriate, provide the competition authority of the other
Party with information that is relevant to the enforcement
activities of the competition authority of the other Party
to the extent consistent with the laws and regulations of
its Country, subject to its available resources.

Article 14
Coordination of Enforcement Activities

1. The competition authorities of the Parties


(hereinafter referred to in this Chapter as “the
competition authorities”) shall, as appropriate, consider
coordination of their enforcement activities with regard to
matters that are related to each other.

2. Nothing in paragraph 1 shall be construed to affect


the right of each Party to enforce the relevant laws and
regulations of its Country and to implement its competition
policy, and the right of the competition authority of each
Party to limit or terminate, at any time, the coordination
of enforcement activities and to pursue its enforcement
activities independently.

7
Article 15
Technical Cooperation

1. The Parties agree that it is in their common interest


for the competition authorities to work together in
technical cooperation activities for capacity building
related to strengthening of competition policy and
implementation of competition law.

2. The forms of technical cooperation activities for


capacity building referred to in paragraph 1 shall be:

(a) exchange of personnel of the competition


authorities for training purposes;

(b) participation of personnel of the competition


authorities as lecturers or consultants at
training courses on strengthening of competition
policy and implementation of competition law
organized or sponsored by either or both
competition authorities;

(c) assistance by the competition authority of a


Party to advocacy and educational campaign of the
competition authority of the other Party for the
consumers, business sector and related agencies
of its Country; and

(d) other forms to be mutually agreed upon by the


competition authorities.

3. The technical cooperation activities under this


Article shall be implemented within the available resources
of the competition authority of each Party.

4. Other details of technical cooperation activities


under this Article may be agreed between the competition
authorities.

Article 16
Transparency

The competition authority of each Party shall:

(a) promptly inform the competition authority of the


other Party of any amendment of the competition
law of its Country and any adoption of new laws
and regulations by its Country that address anti-
competitive activities;

8
(b) provide, as appropriate, the competition
authority of the other Party with copies of its
publicly-released guidelines or policy statements
issued in relation to the competition law of its
Country; and

(c) provide, as appropriate, the competition


authority of the other Party with copies of its
annual reports and/or any other publication that
are made generally available to the public.

Article 17
Consultations

The competition authorities shall consult with each


other, upon request of either competition authority, on any
matter which may arise in connection with this Chapter.

Article 18
Review

1. The Parties shall, as mutually agreed between the


Parties, review the cooperation pursuant to this Chapter.

2. Upon such review, the Parties may consider enhancing


the cooperation pursuant to this Chapter such as
notification, exchange of information, coordination of
enforcement activities and technical cooperation.

3. Any such enhancement of the cooperation shall be


subject to the applicable laws and regulations of each
Country and the available resources of each Party.

Article 19
Confidentiality of Information

1. Each Party shall, in accordance with the laws and


regulations of its Country, maintain the confidentiality of
any information provided to it in confidence by the other
Party pursuant to this Chapter.

2. Each Party may limit the information it provides to


the other Party when the other Party is unable to give the
assurance requested by the former Party with respect to the
maintenance of confidentiality or the limitations of
purposes for which the information will be used.

9
3. Information, other than publicly available
information, received by a Party or its competition
authority pursuant to this Chapter:

(a) shall only be used by that Party or competition


authority for the purpose of effective
enforcement of the competition law of its
Country, unless the other Party or its
competition authority has approved otherwise;

(b) shall not be communicated by the former


competition authority to other authorities or a
third party, unless the competition authority of
the other Party has approved otherwise;

(c) shall not be communicated by the former Party to


a third party, unless the other Party has
approved otherwise; and

(d) shall not be used in criminal proceedings carried


out by a court or a judge of the Country of the
former Party.

4. In the event that information provided by a Party to


the other Party pursuant to this Chapter, except publicly
available information, is needed for presentation in
criminal proceedings carried out by a court or a judge of
the Country of the other Party, the other Party shall
submit a request for such information to the former Party
through the diplomatic channel or other channels
established in accordance with the laws and regulations of
the Country of the former Party.

5. Notwithstanding subparagraph 3(b), the competition


authority of a Party which receives information, other than
publicly available information, pursuant to this Chapter
may, unless otherwise notified by the competition authority
of the other Party, communicate such information, for the
purpose of enforcement of competition law, to relevant law
enforcement authorities of the former Party, which may use
the information under the conditions stipulated in
subparagraph 3 (d) and paragraph 4.

6. Notwithstanding any other provision of this Chapter,


neither Party is required to provide information to the
other Party if such provision is prohibited by the laws and
regulations of the Country of the former Party or would be
incompatible with the important interests of the former
Party. In particular:

10
(a) the Government of Japan shall not be required to
provide “trade secrets of entrepreneurs” covered
by the provisions of Article 39 of the
Antimonopoly Law to the Government of Indonesia;
and

(b) the Government of Indonesia shall not be required


to provide “company secrets” covered by the
provisions of Article 39(3) of the Law No. 5 to
the Government of Japan.

Article 20
Communications

Unless otherwise provided for in this Chapter,


communications under this Chapter may be directly carried
out between the competition authorities. Notifications
under Article 12, however, shall be confirmed in writing
through the diplomatic channel. Such confirmation shall be
made as promptly as practically possible after the
communication concerned between the competition
authorities.

Article 21
Miscellaneous

1. Detailed arrangements to implement this Chapter may be


made between the competition authorities.

2. Nothing in this Chapter shall prevent the Parties from


seeking or providing assistance to one another pursuant to
other bilateral or multilateral agreements or arrangements.

3. Nothing in this Chapter shall be construed to


prejudice the policy or legal position of either Party
regarding any issue related to jurisdiction.

4. Nothing in this Chapter shall be construed to affect


the rights and obligations of either Party under other
international agreements or arrangements or under the laws
of its Country.

11
Chapter 6
Improvement of Business Environment
and Promotion of Business Confidence

Article 22
Liaison Office on Improvement of Business Environment

1. The functions of the Liaison Office on Improvement of


Business Environment in each Country designated pursuant to
Article 133 of the Basic Agreement, shall be:

(a) receiving complaints, inquiries and request for


consultation from the enterprises of the other
Country with regard to the laws, regulations and
any other administrative measures of its Country
which may adversely affect the business
activities of the enterprises of the other
Country;

(b) transmitting the complaints, inquiries and


request for consultation referred to in
subparagraph (a) to relevant authorities of its
Country;

(c) seeking responses from the relevant authorities


of its Country within a reasonable period of
time, where appropriate, in writing with
sufficient explanations, reasons and legal basis,
if any;

(d) transmitting the responses from the relevant


authorities of its Country to the enterprises of
the other Country which submitted the complaints,
inquiries or request for consultation;

(e) providing the enterprises of the other Country


with necessary information and advice in
collaboration with the relevant authorities of
its Country; and

(f) reporting the findings to the Sub-Committee on


Improvement of Business Environment and Promotion
of Business Confidence regarding the exercise of
such functions as referred to in subparagraphs
(a) through (e) in relation to the improvement of
business environment.

12
2. Paragraph 1 shall not be construed as preventing or
restricting any contacts made by the enterprises of a
Country directly to relevant authorities of the other
Country.

Chapter 7
Cooperation

Section 1
Cooperation in the Field of Manufacturing Industries

Article 23
Basic Principles

Pursuant to Chapter 13 of the Basic Agreement, the


Parties, recognizing the fundamental role of manufacturing
industries in enhancing the dynamism and the
competitiveness of the national economies of their
respective Countries, shall cooperate in promoting the
development of manufacturing industries of both Countries.

Article 24
Areas and Forms of Cooperation

Pursuant to Article 135 of the Basic Agreement:

(a) the areas of cooperation under this Section may


include:

(i) strengthening of competitiveness of


manufacturing industries including, inter
alia, management, technology, research and
development activities, and industrial
standard;

(ii) human resource development related to


manufacturing industries; and

(iii) improvement of manufacturing industry


infrastructure; and

(b) the forms of cooperation under this Section may


include:

(i) promoting joint researches;

(ii) encouraging and facilitating visits and


exchanges of experts, and exchange of
knowledge and technology;

13
(iii) promoting capacity building;

(iv) promoting the holding of seminars, dialogue


and workshops; and

(v) other forms to be mutually agreed upon by


the Parties.

Section 2
Cooperation in the Field of
Agriculture, Forestry and Fisheries

Article 25
Basic Principles

Pursuant to Chapter 13 of the Basic Agreement, the


Parties, recognizing the importance of food security, of
multifunctionality of agriculture, of sustainable
development of agriculture, forestry and fisheries, and of
fostering the well-being of people in rural areas, shall
cooperate in the field of agriculture, forestry and
fisheries on the basis of mutual benefit.

Article 26
Areas and Forms of Cooperation

Pursuant to Article 135 of the Basic Agreement:

(a) the areas of cooperation under this Section may


include:

(i) efficient and sustainable utilization of


natural resources;

(ii) human resource development related to


agriculture, forestry and fisheries;

(iii) development and promotion of technologies


related to agriculture, forestry and
fisheries;

(iv) improvement of market infrastructure,


including the gathering and dissemination of
market information related to agriculture
and fisheries;

(v) improvement of productivity and quality in


the field of agriculture, forestry and
fisheries; and

14
(vi) fostering the well-being of people in rural
areas; and

(b) the forms of cooperation under this Section may


include:

(i) exchanging views and information;

(ii) encouraging exchanges of experts, knowledge


and technology;

(iii) promoting the holding of seminars, joint


studies, trainings and workshops; and

(iv) other forms to be mutually agreed upon by


the Parties.

Section 3
Cooperation in the Field of
Trade and Investment Promotion

Article 27
Basic Principles

1. Pursuant to Chapter 13 of the Basic Agreement and with


a view to enhancing the complementarity of the enterprises
of the Countries, the Parties shall cooperate in promoting
trade and investment activities by enterprises of the
Countries, recognizing that the joint efforts of the
Parties to facilitate exchange and collaboration between
enterprises will act as a catalyst to further promote trade
and investment between the Countries.

2. The Parties shall encourage and facilitate the


cooperation among the Japan External Trade Organization
(JETRO) on the Japanese side and the National Agency for
Export Development (NAFED) of the Ministry of Trade and/or
the Indonesia Investment Coordinating Board (BKPM) on the
Indonesian side, to be conducted pursuant to an arrangement
among them. Such cooperation may be implemented in
collaboration with relevant agencies and organizations,
including those from the private sector.

Article 28
Forms of Cooperation

Pursuant to Article 135 of the Basic Agreement, the


forms of cooperation under this Section may include:

15
(a) exchanging and sharing information on trade,
investment, business related laws and regulations
and business environment of the Countries;

(b) exchanging experts and trainees in order to


promote trade and investment;

(c) organizing missions, seminars and business


meetings for further expansion of trade and
investment;

(d) organizing or taking part in trade fairs; and

(e) other forms to be mutually agreed upon by the


Parties.

Section 4
Cooperation in the Field of Human Resource Development

Article 29
Basic Principles

Pursuant to Chapter 13 of the Basic Agreement, the


Parties, recognizing that sustainable economic growth and
prosperity largely depend on people’s knowledge and skills,
shall cooperate in the field of human resource development
in order to raise the productivity and competitiveness of
the industries of the Countries, including through
encouraging the transfer of technology.

Article 30
Areas and Forms of Cooperation

Pursuant to Articles 135 of the Basic Agreement:

(a) the areas of cooperation under this Section may


include:

(i) development of human resources with advanced


knowledge and skills; and

(ii) technical and vocational training; and

(b) the forms of cooperation under this Section may


include:

(i) exchanging views and information;

(ii) encouraging and facilitating visits and


exchanges of experts;

16
(iii) providing and promoting opportunities for
internship and training;

(iv) encouraging and facilitating cooperation


between entities of both Countries; and

(v) other forms to be mutually agreed upon by


the Parties.

Section 5
Cooperation in the Field of Tourism

Article 31
Basic Principles

Pursuant to Chapter 13 of the Basic Agreement, the


Parties, recognizing that tourism will contribute to the
enhancement of mutual understanding between peoples of both
Countries and that tourism is an important industry for
their respective economies, shall cooperate in the field of
tourism in both Countries.

Article 32
Areas and Forms of Cooperation

Pursuant to Article 135 of the Basic Agreement:

(a) the areas of cooperation under this Section may


include:

(i) promotion of tourism;

(ii) human resource development related to


tourism; and

(iii) sustainable development of tourism; and

(b) the forms of cooperation under this Section may


include:

(i) exchanging information and sharing


experience;

(ii) encouraging and facilitating visits and


exchanges of experts;

(iii) promoting the holding of seminars, dialogue


and workshops; and

17
(iv) other forms to be mutually agreed upon by
the Parties.

Section 6
Cooperation in the Field of
Information and Communications Technology

Article 33
Basic Principles

Pursuant to Chapter 13 of the Basic Agreement, the


Parties, recognizing the rapid development of information
and communications technology (hereinafter referred to in
this Section as “ICT”) and its important roles in fostering
sustainable economic and social development, promoting
sound business practices, and enabling partnership among
the Parties, and the private sectors and other non-
governmental entities of the Countries, shall cooperate in
promoting and implementing activities towards the
development of ICT infrastructure, ICT-related services,
digital content and human resources in ICT sector in the
Countries.

Article 34
Areas and Forms of Cooperation

Pursuant to Article 135 of the Basic Agreement:

(a) the areas of cooperation under this Section may


include:

(i) next generation internet, broadband networks


and ubiquitous networks;

(ii) use of ICT-related services;

(iii) electronic commerce, including facilitation


of the procedures for accreditation of
certification authorities for electronic
signatures;

(iv) circulation of digital content over


broadband networks;

(v) further development of network


infrastructures, including tele center, in
rural areas;

(vi) human resource development related to ICT;

18
(vii) collaboration on ICT research and
development; and

(viii) disaster management using ICT, including


tsunami warning systems; and

(b) the forms of cooperation under this Section may


include:

(i) exchanging information on policy issues;

(ii) encouraging and facilitating visits and


exchanges of experts, and exchange of
knowledge and technology;

(iii) promoting the holding of seminars and


workshops;

(iv) promoting cooperation between the private


sectors of both Countries;

(v) promoting cooperation in international fora


related to ICT; and

(vi) other forms to be mutually agreed upon by


the Parties.

Section 7
Cooperation in the Field of Financial Services

Article 35
Basic Principles

Pursuant to Chapter 13 of the Basic Agreement, the


Parties, recognizing the importance of enhancing knowledge
and skills and exchanging experiences, shall promote
cooperation in the field of financial services.

Article 36
Areas and Forms of Cooperation

Pursuant to Article 135 of the Basic Agreement:

(a) the areas of cooperation under this Section may


include:

(i) implementation of sound prudential policies,


and enhancement of effective supervision of
financial institutions of a Country
operating in the other Country;

19
(ii) proper response to issues relating to
globalization in financial services;

(iii) maintenance of an environment that does not


stifle legitimate financial market
innovations; and

(iv) supervision of global financial institutions


to minimize systemic risks and to limit
contagion effects in the event of crises;
and

(b) the forms of cooperation under this Section may


include:

(i) exchanging information, experiences and


skills, including on activities relating to
development of financial services;

(ii) promoting trainings; and

(iii) other forms to be mutually agreed upon by


the Parties.

Article 37
Dialogues on Financial Services

1. The Parties shall conduct dialogues on matters


relating to financial services in order to promote
cooperation in the field of financial services, at such
times and venues as may be agreed by the Parties.

2. For the purposes of paragraph 1, the issues to be


discussed shall include:

(a) overall policy requirements to respond to the


recent trends of uncertainties due to rapid
expansion of cross-border financial transactions
driven by technological advances in the financial
sector;

(b) regulatory policies over the respective financial


institutions of the Countries;

(c) supervision and inspection of financial


institutions of a Country which are operating in
the other Country;

(d) transparency in the laws and regulations of each


Country and the application and enforcement
thereof; and

20
(e) other issues relating to cooperation in the field
of financial services.

3. The findings and the outcome of the dialogues under


this Article may be reported, as necessary, to the Sub-
Committee on Cooperation.

4. (a) The dialogues under this Article shall be


participated in by the following:

(i) for Japan, officials from the Financial


Services Agency and the Ministry of Foreign
Affairs and, where appropriate, other
government officials with the necessary
expertise relevant to the issues to be
discussed; and

(ii) for Indonesia, officials from Bank Indonesia


and the Ministry of Finance and, where
appropriate, other government officials with
the necessary expertise relevant to the
issues to be discussed.

(b) Representatives of relevant entities other than


the Parties, with the necessary expertise
relevant to the issues to be discussed, may be
invited to the dialogues under this Article.

Section 8
Cooperation in the Field of Environment

Article 38
Basic Principles

Pursuant to Chapter 13 of the Basic Agreement, the


Parties, recognizing the importance of strengthening
capacity to protect the environment and promote sustainable
development, and the critical role of bilateral and
multilateral environmental agreements or arrangements,
shall cooperate in the field of environment.

Article 39
Areas and Forms of Cooperation

Pursuant to Article 135 of the Basic Agreement:

(a) the areas of cooperation under this Section may


include:

(i) conservation and improvement of the


environment; and

21
(ii) promotion of sustainable development
including measures to address climate change
such as clean development mechanism; and

(b) the forms of cooperation under this Section may


include:

(i) exchanging information on policies, laws,


regulations and technology;

(ii) promoting the holding of seminars;

(iii) encouraging and facilitating visits and


exchanges of experts;

(iv) encouraging and facilitating transfer of


knowledge of environmentally sound
technology; and

(v) other forms to be mutually agreed upon by


the Parties.

Chapter 8
Final Provisions

Article 40
Implementation

This Agreement shall be implemented by the Parties in


accordance with the Basic Agreement and the laws and
regulations in force in their respective Countries, and
within the available resources of each Party.

Article 41
Headings

The headings of the Chapters, Sections and Articles of


this Agreement are inserted for convenience of reference
only and shall not affect the interpretation of this
Agreement.

Article 42
Amendment

This Agreement may be amended by agreement between the


Parties. The Parties shall, at the request of a Party,
consult with each other as to whether to amend this
Agreement.

22
Article 43
Entry into Force

This Agreement shall enter into force at the same time


as the Basic Agreement and shall remain in force as long as
the Basic Agreement remains in force.

Article 44
Dispute Settlement

Chapter 14 of the Basic Agreement shall apply mutatis


mutandis with respect to the settlement of disputes between
the Parties arising out of the interpretation and/or
application of Chapter 2 and this Chapter.

IN WITNESS WHEREOF, the undersigned, being duly


authorized thereto, have signed this Agreement.

DONE at Jakarta on this twentieth day of August in the


year 2007 in duplicate in the English language.

For the Government of For the Government of


Japan: the Republic of Indonesia:

安倍晋三 [Link]

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Common questions

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Competition authorities are responsible for promptly informing their counterparts about any amendments to their country’s competition laws and sharing copies of any public policy changes or new laws relevant to competition activities .

Technical cooperation activities between competition authorities include exchanging personnel for training, having personnel participate as lecturers or consultants in training courses, assisting with advocacy and educational campaigns, and any other mutually agreed forms of cooperation. These activities are to be implemented within the available resources of each competition authority .

Technical cooperation activities should be implemented within the resources available to each party's competition authority. This implies prioritizing activities and possibly limiting the extent and scope of cooperation based on resource constraints .

Information can only be used for enforcing competition law unless approval for other uses is granted by the information-providing Party. Exchanges with third parties or within criminal proceedings are explicitly restricted unless consent is given, ensuring that confidentiality and purpose limitations are strictly enforced .

Communication between parties' competition authorities should generally be direct, but notifications under certain articles, like Article 12, require written confirmation through diplomatic channels as soon as practically possible .

Coordination of enforcement activities should be approached by considering mutual coordination when issues are related, without affecting each Party's right to enforce its laws independently. This ensures that each entity maintains its policy and implementation rights while pursuing cooperative efficacy .

The document states that information received from another Party cannot be used in criminal proceedings without the providing Party's approval, except for publicly available information. There are specific channels and protocols for requesting such information for legal proceedings, emphasizing diplomatic routes .

The document stipulates that each Party must maintain confidentiality of any non-public information received unless explicit consent is given by the providing Party. This includes limits on the use and sharing of the information, which must be used solely for enforcing competition law unless otherwise approved. There are also specific exemptions, such as Japan not being required to share trade secrets under its Antimonopoly Law and similar protections for Indonesia .

The competition authority of each Party is required to inform the other Party's competition authority promptly about any amendments or new laws related to competition law. This includes providing copies of publicly-released guidelines, policy statements, and annual reports to ensure transparency .

The document provides for a review of the cooperation by mutual agreement. Such reviews can lead to enhanced cooperation, which may involve improving notification, exchange of information, coordination of enforcement activities, and technical cooperation, as long as they comply with each Party's laws and available resources .

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