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한일회담외교문서

월남 , 미얀마 , 인도네시아의 대일 배상협정

  • 발신자
    주월대사 대리
  • 수신자
    외무부장관
  • 날짜
    1961년 10월 26일
  • 문서종류
    공한
  • 문서번호
    주월대 제285호
  • 형태사항
    한국어,영어 
주월대제285호
단기 4294년 10월 26일
주월다새 대리
외무부장관 귀하
제목 : 월남, 버-마, 인도네시아의 대일 배상 협정
(대 : 10월 6일 WV-1002호 전문)
매호로 지시한 월남, 버-마, 인도네시아의 대일 배상협정에 대한 자료 구독 송부에 관하여 아래와 같이 보고합니다.
1. 월남-일본배상협정
월남일본간에 체결된 배상협정문제에 대한 경위는 10월 10일 10008호 전문으로 이미 보고한바 있사오니 참조하시기 바라오며, 동협정문이 불란서어로 되어있기 때문에 이것을 번역하여 별첨함.
2. 일본-버-마배상협정
일본버-마간에는 오래동안 동협정 체결을 위하여 교섭을 거듭하였으나 실패하고, 최근 동경에서 양국대표간에 열렸던 회담에서 버-마측은 2억딸라의 손배상과 2억딸라의 공동기업자금을 요구한데 반하여 일본측은 단지 7,500딸라만 지불하겠다고 고집하여 동회담이 결열되고 대표단이 철수하게되었던 것임.
이에 격분한 정부는 보복조치로서 버-마에 있는 일반상사의 활동을 엄격히 제한하고 심지어는 일본인 여행자에까지 적대시하여 양국간의 감정이 극도로 악화되었으나 일본의 동남아진출이 활발한 이때에 현명지책이 아니라고 깨다른 일본은 서서로 굽혀서 11월 15일 일본각료로 구성된 대표단"탄궁"에 파견하여 새로 배상문제를 혐의하기로 제외하는 한편 이기초회의가 끝날무릅은 11월 23일"이께다"수상이 동남아 각국친선 방문시에 버-마"우누"수상과 직접만나 정치적인 해결을 짓겠다고 결정하였음.
버-마측은 재정난으로 상기한 4억딸라가 꼭 필요하다고 고집하기 때문에 현재 상황으로 판단할 때 적어도 버-마측에서 요구한 반액이상에 말해야만 응할 심산이고, 일본은 $7,5000이상이라도 지불할 용의를 가진 것으로 추척됨.
3. 일본-인도네시아배상협정.
이에 대한 자료로 별첨함.
-별첨자료-
1. Reparation Agreement Between the Republic of Vietnamand Japan.
2. Exchange of Notes on Details Relating to the Implementation of the Reparation Agreement(Japanese Note)
3. 〃 〃(Vietnamese Note)
4. Exchange of Notes Relating to the Products Mentioned in Paragraph 2, Article 2 of the Reparations Agreement.(Japanese Note)
5. 〃 〃(Vietnamese Note)
6. Loans Agreement Between the Republic of Vietnamand Japan.
7. Exchange of Notes Relating to Article 1 and 2 of the Loans Agreement Between the Republic of Vietnamand Japan(Japanese Note)
8. 〃 〃(Vietnamese Note)
9. Exchange of Notes Relating to Paragraph 1, Article 3 of the Loans Agreement Between Japanand Vietnam(Japanese Note)
10. 〃 〃(vietnamese Note)
11. Joint Declaration(J-V)
12. Reparation agreement Between Japanand the Republic of Indonesia.
13. Exchange of Notes with Respect to the Interpretation of the Reparations Agreement.
14. Exchange of Notes with Respect to Economic Cooperation.
15. Treaty of Peace Between Japanand the Republic of Indonesia.
16. Protocol Between Japanand IndonesiaRelating to Settlement of the Claims with Respect to Balances in the Former Clearing Account and Other Accounts.
unofficial Tranalation
REPARATION AGREEMENT
BETWEEN
THE REPUBLIC OF VIETNAM AND JAPAN
THE REPUBLIC OF VIETNAMAND JAPAN,
Desiring to act accordingly to the provisions of the Peace Treaty with Japansigned on September 8, 1951 in San Francisco,
Have decided to concluded the present Reparation Agreement and have accordingly appointed as their Plenipotentiaries :
The Republic of Vietnam:
VU VAM MAU, Secretary of State for Foreign Affairs
BUI VAM THING, Ambassador Extraordinary and Plenipotentiary to Japan
PHAM PANG LAM, Secretaty General, Ministry of Foreign Affairs
Japan:
AIICHIRO FUJIYAMA, Minister of Foreign Affairs
KANICHIKO KUBOTA, Ambassador Extraordinary and Plenipotentiary to the Republic of Vietnam
KUGORO UEMURA, Counselor at the Ministry of Foreign AffairsWho, having indicated to each other their respective Full Powers found to be in good and due form, have agreed on the following Articles :
Article 1
1. Japanwill supply to the Republic of Vietnamby way of reparations the products of Japanand the services of the Japanese people, the total value of which, in Yens, shall be equivalent to US$39 million, or 14,040 million Yens at the present rate, within a period of five years from the date of coming into force of the present Agreement, in the manner hereinafter described.
2. The supply of the products and services referred to in the preceding Paragraph shall be carried out, for the first three years, at an annual average in Yens equivalent to US$10 million, or 3,600 million Yens at the present rate, equivalent to US$4.5 million, or 1,620 million yens at the present rate.
Article 2
1. The products and services to be supplied by way of reparations shall be those requested by the Government of the Republic of Vietnamand agreed upon by the two Governments. These products and services shall consist of such items as may be needed for the projects to be chosen from among those enumerated in the Annex of the present Agreement.
2. The products to be supplied by way of reparations shall be capital goods. However, products other than capital goods may, upon mutual agreement of both Governments, be supplied by Japanupon the request of the Republic of Vietnam.
3. The Reparations in accordance with the provisions of the present Agreement shall be carried out in such manner as may not be detrimental to the normal course of trade between the Republic of Vietnamand Japanand not impose to Japanany additional charge in matter of exchange.
Article 3
The two Governments shall fix through consultation and mutual agreement an annual programme of execution specifying the products and services to be supplied by Japaneach year (below mentioned as Programme of execution).
Article 4
1. The mission mentioned in palagreph 1, Article 6 of the present Agreement shall conclude on behalf of the Republic of Vietnamcontracts Directly with Japanese nationals or Japanese juridical persons under the control of the Japanese, so as to assure the supply of products and services in accordance with the Programme of Execution each year.
2. All such contracts (including modifications thereof) must be consonant to :
(a) the provisions of the present Agreement ;
(b) the arrangements as may be made between the two Governments for the implementation of the present Agreement, and
(c) the Programme of Execution of the respective period.
These contracts must be verified and visaed by the Government of Japanconcerning their consistency with the above mentioned criterions. The contracts, verified and visaed conformably to the provisions of the present Paragraph, shall hereinafter be referred to as "Reparations Contracts".
3. Each Raparations Contract must contain a provision stipulating that the disputes arising out of or in connection with such Contract shall, upon the request of either party thereto, be referred for settlement to and arbitration board of commerce in accordance with such arrangements as may be made between the two Governments. Both Governments shall take necessary measures to make final and enforceable all arbitration duly rendered.
4. Notwithstanding the provisions of Paragraph 1 of the present Article, the supply of products and services as reparations can be carried out without Reparations Contracts and time there shall be an agreement to this effect between the two Governments.
Article 2
In order to fulfill the reparations obligation provided by Article 1 of the present Agreement, the Government of Japanshall, through procedures to be established under the provisions of Article 9 of the present Agreement, make payments to cover the obligations incurred by the Mission mentioned in Paragraph 1, Article 6 of the present Agreement in virtue of the clauses of the Reparations Contracts, And to cover the expenses for the supply of products and services made in accordance with the provisions of Paragraph 4 of the preceding Article. These payments shall be made in Japanese Yens.
2. By and upon making a payment in Yens under the preceding Paragraph, Japanshall be considered as having supplied to the Republic of Vietnamthe products and services up to the value of these payments, and as having, in accordance with the provisions of Article 1 of the present Agreement, fulfilled her reparations obligation up to the extent of a counter-value in USdollars of the amout of those payments.
Article 6
1. Japanagrees to the establishment in Japanof a Mission of the Government of the Republic of Vietnam(below described as "Mission") as its only and exclusive agent in charge of the implementation of the present Agreement, including the conclusion and the execution of the Reparations Contracts.
2. The Mission's office in Japanshall be established in Tokyo. This office shall be used exclusively for the performance of the Mission's functions.
3. The premises and archives of the Mission's office in Japanshall be inviolable . The use of cipher is allowed to the Mission. The real estates owned by the Mission and directly used for the ; performance of its functions shall be exempt from the tax on acquisition of real property and property tax. The Mission's income which may be derived from the performance of its functions shall be exempt from all taxation in Japan. The imported properties for the Mission's official use shall be exempt from customs duties or other duties usually imposed on importation.
4. Diplomatic privileges and immunity usually and customarily recognized by international law shall be accorded to the Chief and two senior members of the Mission, who are the nationals of the Republic of Vietnam.
5. The other members of the Mission, who are nationals of the Republic of Vietnamand usually not residents in Japanshall be exempt from taxation on the salaries they may receive in the discharge of their duties, and in accordance with the Japanese laws and regulations, from all taxes or customs duties imposed on importation of property for their personal use.
6. In the event the disputes resulting from or in connection with a Reparations Contractcould not be settled by arbitration, of the arbitration award rendered to this aim has not been complied with, the matter may be brought, as a last resort, to an appropriate Japanese Court. In such a case, and solely for the purpose of necessary judiciary procedures, the chief of Mission and the senior members mentioned in Paragraph 4 of the present Article may sue or be sued, and consequently may receive the appeal or other law-suit documents at their office at the Mission. However, they are exempt from the obligation to give security for the cost of legal proceedings. Although the Missionenjoys inviolability and immunity as provided in Paragraphs 3 and 4 of the present Article, the final decision rendered in such cases by the appropriate court shall be accepted by the Missionas binding upon it.
7. In the enforcement of the Court's final decision, the land and buildings as well as the movable property therein, owned by the Missionand destined for the use of the Missionshall be in no case subjects to measures taken in execution of the Court's decision.
Article 7
1. The two Governments shall take necessary measures for a smooth and efficient implementation of the present Agreement.
2. The Republic of Vietnamshall provide labor and available local paterials and equipments in order to permit Japanto supply the products and services as provided for in Article 1 of the present Agreement.
3. The Japanese nationals whose presence in Vietnamshall be necessary to the supply of products and services in accordance with the provisions of the present Agreement shall be accorded every facilities for the performance of their task during the required period of their stay in Vietnam.
4. With respect to the income derived from the supply of products and services under the present Agreement, the Japanese nationals or juridical persons concerned are exempt from taxation and duties in Vietnam.
5. The Republic of Vietnamengages itself not to re-export from the territory of the Republic of Vietnamthe products supplied by Japanunder the present Agreement.
Article 8
A Joint Committeeto be composed of Representatives of both Governments shall be created as an organ of consultation between the two Governments, with power to formulate recommendations on problems relating to the implementation of the present Agreement.
Article 9
The details and procedures relating to the implementation of the present Agreement shall be fixed through consultation and agreed by common consent between the two Governments.
Article 10
The disputes between the two Governments concerning the interpretation and implementation of the present Agreement shall be settled first through the diplomatic channels. In case a settlement can not be reached through these channels, the disputes shall be referred for decision to a Court of three arbitrators, one to be appointed by each Government and the third to be agreed upon by the first two arbitrators so chosen, provided that this third arbitrator shall not be a national of either of the two countries directly concerned. Each Government shall appoint its arbitrator within an period of 30 days as of the date of receipt by either Government of the other Government's Note requesting the arbitration of the dispute. The third arbitrator shall be designated by common consent within another period of 30 days.
If one of the two Governments fails to appoint its arbitrator within the indicated period, or if the third arbitrator has not been agreed upon within the indicated period, either one of the two Governments shall have the right to bring the matter to the knowledge of the President of the International Court of Justicewho shall designate the arbitrator or the third arbitrator as the case may be. The two Governments engage themselves to comply with all arbitration award formulated in application of the provisions of the present Agreement.
Article 11
The present Agreement shall be ratified and shall enter into force on the date of exchange of ratification documents which shall take place in Tokyoas early as possible.
IN TESTIMONY WHEREOF, the undersigned Plenipotentiaries have signed the present Agreement and affixed hereinto their seals.
DONE in saigon, the 13th of May 1959, in duplicate, in Vietnamese, Japanese and French languages. In the event of divergency of interpretation, the text in French must be referred to as text of evidence.
For the Republic of VietnamFor Japan
VU VAN MAU AIICHIRO FUJIYAMA
BUI VAN THING KANICHIKO KUBOTA
PMAM DANG LAM POGORO UEFURA
* The exchange of ratification documents of the present Agreement was held in Tokyoon January 12, 1960
ANNEX
1. Construction of a Hydropower Plant
2. Equipment of a Mechanical Industrial Center
3. Supply of other products and services determined by common consent between the two Governments
EXCHANGE OF NOTES ON DETAILS RELATING TO THE IMPLEMENTATION OF THE REPARATIONS AGREEMENT(Japanese Note)
Saigon, May 13, 1959
Excellency,
I have the honour to refer to the Reparation Agreementbetween Japanand the Republic of Vietnamsigned this day. The Government of Japanproposes that in virtue of Article 9 of the said Agreement, the two Governments agree on the following :
I. Reparations Contracts
1. As stipulated in Article 4, Paragraph 2 of the said Agreement, the Contracts shall be submitted to cognizant Japanese authoritiesfor verification and visa.
In principle, the verification and visa procedures shall be carried out within a period of 14 days.
2. The Reparations Contractsshall be concluded on Japanese Yens basis in accordance with usual commercial procedures.
3. The responsibility concerning the execution of Reparations Contractsis incumbent solely on the Missionand the physical or judiciary persons who are contracting parties.
4. The Government of Japanshall be entitled to recommend to the Missionqualified Japanese nationals or judiciary persons for the conclusion of Reparations Contracts. Nevertheless, the Missionis not bound to conclude Reparations Contractssolely with such recommended persons.
5. All Reparations Contractsaccording to whose terms accessory and additional services such as transportation, insurances or inspection are to be provided and paid as reparations, must include provisions stipulating that all those services must be provided by Japanese nationals or judiciary persons under the control of Japanese nationals.
II. Payment
1. The Missionshall conclude an arrangement with a Japanese intermediate bank of its choice and open on its name a Reparations Account authorizing the said bank to receive payments made by the Government of Japan, and inform the Government of Japanof the said arrangement. It is understood that the Reparations Account shall not bear interests. The Missionshall have the right to designate to the same effect other intermediate banks in Japanin case of need.
2. within a suitable period prior to the expiration date of payment by the terms of a Reparations Contract, the Missionshall send to the Government of Japana Request of Payment specifying the amount to be paid and the date on which the payment must be carried out.
3. Upon receipt of the Request of Payment, the Government of Japanshall deposit the requested amount in the bank provided in the preceding Paragraph 1, before the above mentioned date of payment by the Mission.
4. By common consent between the two Governments, the Government of Japanshall make deposits in the same manner as described in the preceding Paragraph 3, to cover the expenses of the Mission, training charges for the Vietnamese technicians and handicraftmen and other charges mutually agreed between the two Governments.
5. The amounts deposited under the provisions of the preceding Paragraphs 3 and 4 shall be taken into the Reparations Account where no other funds shall be accepted. The funds of the said Account shall be used exclusively for the purposes described in the above mentioned Paragraphs 2 and 4.
6. In case the totality or one part of the funds deposited in the Reparations Account is not drawn out by the Missionbecause of cancellation of contracts, etc., the unpaid amount shall be sued to the same purposes as described in the preceding Paragraphs 2 and 4, after 엳 arrangements have been made with the Government of Japan.
7. In case the totality or one part of the paid amounts drawn from the Reparations Account would have been reimbursed to the Mission, the reimbursed amounts shall be taken into the Reparations Account, not withstanding the provisions of the preceding Paragraph 5. The provisions of the preceding Paragraph 6 shall be applicable to those amounts.
8. For the implementation of Paragraph 2, Article 5 of the said Agreement, the expression "upon making payment" means "at the moment when the deposits shall be made by the Government of Japanin the bank provided for in preceding Paragraph 1".
9. The calculation of the amount to the extent of which the Government of Japanshall be considered, in accordance with the provisions of Paragraph 2, Article 5 of the said Agreement, as having fulfilled its reparations obligation as provided by Article 1 of the said Agreement, shall be made by determining the equivalent value in USdollars of the payment in Yens at the rate of Japanese Yen/USdollars which is officially mixed by the Government of Japanand agreed by the International Monetary Funds, and to by effective on the following dates :
(a) In case of payment for a Reparations Contract, the date of examination and visa of this contract by the Government of Japan;
(b) In other cases, the date of mutual agreement of the two Government on each case ; however, in case no agreement has been reached on the date, the date of receipt of the Request of payment by the Government of Japanshall be applied.
III. Mission
1. The Mission shall be accorded by the Government of Japansuch administrative assistance usually enjoyed by other foreign missions, in a view to facilitate an efficient performance of the Mission's functions.
2. Only the Vietnamese nationals who enter and stay in Japanfor the sole purpose of working at the Missionshall enjoy the privileges provided for in Paragraph 5, Article 6 of the said Agreement and shall be exempt from taxation in Japan.
3. The Government of the Republic of Vietnamshall keep the Government of Japaninformed of the names of the Chief and other members of the Missionwho are qualified to act in the name of the Missionfor the conclusion or execution of Reparations Contracts. The Government of Japanshall render public the said names in the Official Journal of Japan. The powers of the said Chief and members of the Missionare expected to continue until a contrary notice is published in the same Official Journal.
I have the honour to propose that the present Note and Your Excellency's reply confirming his Government's acceptance of the proposal as stated therein shall be regarded as constituting an agreement between the two Governments on the details relating to the implementation of the Reparation Agreementby the terms of Article 9 of the said Agreement and which will come into force on the date the Reparation Agreementshall enter into effect.
Accept, Excellency, the assurances of my highest consideration.
Aiichiro Fujiyama
Plenipotentiary of Japan
(Vietnamese Note)
Saigon, May 13, 1959
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's Note dated this day regarding the details relating to the implementation of the Reparation Agreement, the contents of which is as follows :
(Japanese Note)
I have the honour to accept, on behalf of my Government, the proposal stated in Your Excellency's Note and to agree that the said Note and the present Note be regraded as constituting the Agreement between the two Governments on the details relating to the implementation of the Reparation Agreementby the terms of Article 9 of the said Agreement, and which will come into force on the date the Reparation Agreementshall enter into effect.
Accept, Excellency, the assurances of my highest consideration.
Vu Van Mau
Plenipotentiary of the Republic of Vietnam
His Excellency
Aiichiro Fujiyama
Plenipotentiary of Japan
EXCHANGE OF NOTES RELATING TO THE PRODUCTS MENTIONED IN PARAGRAPH 2, ARTICLE 2 OF THE REPARATIONS AGREEMENT
(Japanese Note)
Saigon, May 13, 1959
Excellency,
Referring to the provisions of Paragraph 2, Article 2 of the Reparations Agreementbetween Japanand the Republic of Vietnamwhich is signed this day, I have the honour to confirm the agreement of our two Governments on the following :
In case products other than capital goods are to be supplied in accordance with the provisions of the said Paragraph, the total value of these products shall not exceed the counter-value in Yens of Seven Million Five Hundred Thousand dollars of the United States(US$ 7,500,000)or Yens 2,700 million at the present rate.
I would appreciate if Your Excellency could confirm to me, in the name of the Government of the Republic of Vietnam, the above mentioned agreement.
Accept, Excellency, the assurances of my highest consideration.
Aiichiro Fujiyama
Plenipotentiary of Japan
His Excellency
Vu Van Mau
Plenipotentiary of
the Republic of Vietnam
(Vietnamese Note)
Saigon, May 13, 1959
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's No dated this day by which Your Excellency has been as kind as to inform me of the following :
(Japanese Note)
I am glad to confirm on behalf of my Government the agreement stated in Your Excellency's above mentioned Note.
Accept, Excellency, the assurances of my highest consideration.
Vu Van Mau
Plenipotentiary of the Republic of Vietnam
His Excellency Aiichiro Jujiyama Plenipotentiary of Japan
LOANS AGREEMENT BETWEEN THE REPUBLIC OF VIETNAM AND JAPAN
The Government of the Republic of Vietnamand the Government of Japan,
Desiring to promote the ties of economic cooperation between the two countries and to conclude in consequence an agreement on leans to be made by Japanwith a view to contribute to the realization of the industrialization programme of the Republic of Vietnam,
Have agreed on the following :
Article 1
1. Japanshall accord th the Republic of Vietnam, in accordance with the provisions of the present Agreement, loans in Yens up to the extent of the counter value of Seven Million Five Hundred Thousand dollars of the United States(US$7,500,000), or Yens 2,700,000,000 at the present rate, within a period of three years as of the day the present Agreement enters into force.
2. The loans provided for in the preceding Paragraph shall be used, in accordance with the provisions of the present Agreement, for the purchase of the Republic of Vietnamof products of Japanand services of the Japanese people, which are necessary to the completion of one or several projects to be determined by common consent between the two Governments.
Article 2.
Through consultation and by common consent, the two Governments shall fix each year the annual top limit amount of loans provided for in the preceding Article.
Article 3
1. The Government of the Republic of Vietnam, or the judiciary persons pertaining to the Government of the Republic of Vietnamor under its control, who are in charge of the execution of the projects determined under the provisions of Paragraph 2, Article 1, shall conclude contracts with the Export-Import bank of Japanin order to borrow the necessary funds for the acquisition of products and services as may be needed for the execution of the said projects, to the extent of the total amount provided for in Paragraph 1, Article 1 and of the annual top limit amount fixed under the provisions of the preceding Article.
2. The Government of Japanshall take necessary measures so that the Export-Import bank of Japanmay have the necessary funds to effectuate the loans in accordance with the terms of the contracts which have been concluded under the preceding Paragraph.
3. The Government of the Republic of Vietnamshall take necessary measures so that the reimbursement of the capital and the payment or interests, which shall be effectuated conformably to the terms of contracts concluded under the provisions of Paragraph 1 of the present Article, may be made in Yens in conformity with the provisions of the Japanese laws and regulations.
Those Yens may be bought through the yielding of USdollars by the Government of the Republic of Vietnamor by the judiciary persons pertaining to the Government of the Republic of Vietnamor under its control, to an intermediate bank in Japan.
4. The Government of the Republic of Vietnamshall stand security for the reimbursement of the capital and the payment of interests which shall be made by the judiciary persons pertaining to the Government of the Republic of Vietnamor under its control, in conformity with the terms of contracts concluded under Paragraph 1 of the present Article.
Article 4
Through consultation and by common consent, the two Governments shall establish each year annual programmes of acquisition according to which programmes, the Government of the Republic of Vietnamam or the judiciary persons pertaining to the Government of the Republic of Vietnamor under its control, shall but products and services necessary for the completion of projects determined under the provisions of Paragraph 2, Article 1.
Article 5
The disputes between the two Governments relating to the interpretation and the implementation of the present Agreement shall be first settled through the diplomatic channels. If a settlement cannot be reached through those channels, the disputes shall be referred for settlement to an arbitration, in conformity to an arrangement which may be concluded between the two Governments.
Article 6
The present Agreement shall be ratified and shall enter into force on the last of the two dates, namely the date of exchange of ratification documents of the present Agreement, and the date of exchange of ratification documents of the Reparation Agreementbetween the Republic of Vietnamand Japansigned in Saigon on May 13, 1959.
IN TESTIMONY WHEREOF, the undersigned Plenipotentiaries have signed the present Agreement.
DONE in Saigon, the thirteenth day May, 1959, in duplicate, in Vietnamese, Japanese and French languages. In case of divergency of interpretation, the French text must be referred to as text of evidence.
For the Government of the Republic of Vietnam For the Government of Japan
VU VAN MAU AIICHIRO FUJIYAMA
BUI VAH THING KANICHIKO KUBOTA
PMAM DANG LAM KOGORO UEMURA
* The exchange of ratification documents of the present Agreement was held in Tokyoon January 12, 1960
EXCHANGE OF NOTES RELATING TO ARTICLES 1 AND 2 OF THE LOANS AGREEMENT BETWEEN THE REPUBLIC OF VIETNAM AND JAPAN
(Japanese Note)
Saigon, may 13, 1959
Excellency,
Referring to Articles 1 and 2 of the Loans Agreement between Japanand the Republic of Vietnamsigned this day I have the honour to confirm the understanding of the two Governments on the following :
1. Regarding Article 1 of the said Agreement, the loans shall be used to finance the Banhim hydropower plant construction project.
2. Regrading Article 2 of the said Agreement, the top limit amount of loans for the first year shall be equivalent to the counter value in Yens of Two Million Five hundred Thousand Dollars of the United States(US$2,500,000) or Nine hundred Million Yens (Y. 900,000,000) at the present rate. Nevertheless, this top limit amount can be modified by common consent between the two Governments following the examination of the details of the project.
I would be glad if Your Excellency could confirm to me on behalf of the Government of the Republic of Vietnamthe above mentioned understanding.
Accept, Excellency, the renewed assurances of my highest consideration.
Aiichiro Fujiyama
Plenipotentiary of Japan
His Excellency
Vu Van Mau
Plenipotentiary of
the Republic of Vietnam
(Vietnamese Note)
Saigon, May 13, 1959
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's Note dated this day by which Your Excellency has been as kind as to inform me of the following :
(Japanese Note)
I am glad to confirm on behalf of my Government the understanding states in Your Excellency's above-mentioned Note.
Accept, Excellency, the renewed assurances of my highest consideration.
Vu Van Mau
Plenipotentiary of
the Republic of Vietnam
His Excellency
Aiichiro Fujiyama
Plenipotentiary of Japan
EXCHANGE OF NOTES RELATING TO PARAGRAPH 1, ARTICLES 3 OF THE LOANS AGREEMENT BETWEEN JAPAN AND THE REPUBLIC OF VIETNAM
(Japanese Note)
Saigon, May 13, 1959
Excellency,
I have the honour to refer to Paragraph 1, Article 3 of the Loans Agreement between Japanand the Republic of Vietnamsigned this day. The Government of Japanproposes that the two Governments agree on the following :
The two Governments shall see to that the contracts which shall be concluded between the Export-Import Bank of Japanand the Government of the Republic of Vietnamof the judiciary persons pertaining to the Government of the Republic of Vietnamor under its control, will include conditions based on the provisions of the following Paragraphs :
1. The rates of interests shall be fixed according to the normal level of interests imposed by the International Bank of Reconstruction and Development.
2. The loans shall be reimbursed within a period of ten years. The reimbursement shall begin at the expiration of three years and shall and within the course of the seven years which follow.
3. The reimbursement of the capital and the payment of the interests shall be able in Yens in conformity to the provisions stipulated by the law concerning the control of exchange and foreign trade of Japanand the decrees and regulations relating to it. Those Yens shall be bought through the yielding of USDollars by the Government of the Republic of Vietnamor by the judiciary persons pertaining to the Government of the Republic of Vietnamor under its control, to an intermediate bank in Japan.
4. The Government of the Republic of Vietnamshall stand security for the reimbursement of the capital and the payment of the interests which shall be effectuated by the judiciary persons pertaining to the Government of the Republic of Vietnamor under its control.
I have also the honour to propose that the present Note and Your Excellency's reply conforming the acceptance of His Government of the proposal stated therein be regarded as constituting the agreement between the two Governments which shall enter into force on the date of coming into force of the Loans Agreement.
Accept, Excellency, the assurances of my highest consideration.
Aiichiro Fujiyama
Plenipotentiary of Japan
His Excellency
Vu Van Mau
Plenipotentiary of the Republic
of Vietnam
(Vietnam Note)
Saigon, may 13, 1959
Excellency,
I have the honour to acknowledge the receipt of Your Excellency's Note dated this day, the contents of which is as follows :
(Japanese Note)
I have the honour to accept, on behalf of my Government, the proposal stated in Your Excellency's Note and to consent that the said Note and the present Note be regarded as constituting the agreement between the two Governments, which shall enter into force on the date of coming into force of the Loans agreement.
Accept, Excellency, the assurances of my highest consideration.
Vu Van Mau
Plenipotentiary of the
Republic of Vietnam
His Excellency
Aiichiro Fujiyama
Plenipotentiary of Japan
JOINT DECLARATION
On the occasion of the signing of the Reparation Agreementbetween the Republic of Vietnamand Japan, the Plenipotentiaries of the two countries have made, on behalf of their respective governments, the following joint declaration :
The conclusion and the realization of the Reparation Agreementshall further tighten the friendly bonus uniting the two countries, and strengthen their economic relations, namely in the fields of commerce, ocean and air navigation, as well as what concerns the entries, stays, residences, the management of business and the exercise of professional activities of either country's nationals in the owner country.
The two Governments shall enter into negotiation as soon as possible for the conclusion of a Treaty of Commerce and Navigation.
Saigon, May 13, 1959
VU VAH MAU(Initialed) AIICHIRO FUJIYAMA(Initialed)
REPARATION AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND JAPAN
THE REPUBLIC OF INDONESIAAND Japan,
Desiring to conclude an agreement for implementing the provisions of Article 4, paragraph (a) of the Treaty of Peace between the Republic of Indonesiaand Japansigned at Djakartaon January 20, 1958.
Have accordingly appointed their respective Plenipotentiaries for this purpose, who, having indicated to each other their respective Full Powers found to be in good and due form, have agreed on the following Article :
Article 1
1. Japanshall supply the Republic of Indonesiaby way of reparations with the products of Japanand the services of Japanese people, the total value of which will be so much in yen as shall be equivalent to two hundred and twenty-three million eighty thousand United States of Americadollars($223.080.000) at present computed at eighty thousand three hundred and eight million and eight hundred thousand yen(Y 80.308.800.000), within the period of twelve years from the date of coming into force of the present Agreement, in the manner hereinafter prescribed.
2. The supply of the products and services referred to in the preceding paragraph shall be made at an annual average of so much in yen as shall be equivalent to twenty million United States of America dollar($200,000,000) at present computed at seven thousand two hundred million yen(Y7.200.000.000) during the period of the first eleven years, the outstanding balance to be settled on the twelfth year.
Article 2
1. The products and services to be supplied by way of reparations shall be those requested by the Government of the Republic of Indonesiaand agreed upon between the two governments. These products and services shall consist of such items as may be needed for projects to be chosen from among those enumerated in the Annex to the present treament, provided that such items as may be requested by the Government of the Republic of Indonesiafor projects other than those listed in the aforesaid Annex say, by agreement between the two Government, ▣▣ included in the products and services to be supplied by way of reparations.
2. The products to be supplied by way of reparations shall be capital goods. However, pro▣vate other than capital goods may, by agreement between the two Governments, be supplied by Japanat the request of the Government of the Republic of Indonesia.
3. The reparations under the present Agreement shall be carried out in such manner as may not prejudice the normal trade between Japanand the Republic of Indonesia, not impose additional foreign exchange bureau upon Japan.
Article 3
The two Governments shall fix through consultation an annual schedule (hereinafter referred to as the "Schedule") specifying the products and services to be supplied by Japaneach years.
Article 4
1. The Missionmentioned in Article 5, paragraph 1 of the present Agreement shall conclude, in behalf of the Government of the Republic of Indonesia, contracts directly with any Japanese national or any Japanese juridical person controlled by Japanese nationals, in order to have the products and services supplied in accordance with the Schedule for each years.
2. All such contracts (including modifications thereof) shall conform with (a) the provisions of the present Agreement, (b) the provisions of such arrangements as may be made by the two Governments for the implementation of the present Agreement and (c) the Schedule then applicable. These contracts shall be forwarded to the disignated Japanese authority for verification as to the conformity of the same with the abovementioned criteria. This verification will as a rule be effected within fourteen days. In case of failure in verification within the stipulated time, such contract shall be referred to the Joint Committeementioned in Article 8 of the present Agreement and ▣▣ted upon in accordance with the recommendation of the Joint Committee. Such recommendation shall be made within a period of thirty days following the receipt of the contract by the Joint Committee. A contract which has been verified in the manner hereinabove provided, shall hereinafter be referred to as a "Reparations Contract".
3. Every Reparations Contractshall contain a provision to the effect that disputes arising out of or in connection with such Contract shall, at the request of either party thereto, be referred for settlement to an arbitration board of commerce in accordance with much arrangements as may be made between the two Governments. The two Governments will take measures necessary to make final and enforceable all arbitration awards duly rendered.
4. Notwithstanding the provisions of paragraph 1 above, the supply of products and services as reparations may be made without Reparations Contracts, but only by agreement in each case between the two Governments.
Article 5
1. In the discharge of the reparations obligation under Article 1 of the present Agreement, the Government of Japanshall, through procedures to be determined under article 9, make payments to cover the obligations incurred by the Missionmentioned in Article 6, paragraph 1 under Reparations Contractsand the expenses for the supply of products and services referred to in Article 4, paragraph 4 of the present Agreement. These payments shall be made in Japanese yen.
2. By and upon making a payment in yen under the preceding paragraph, Japanshall be deemed to have supplied the Republic of Indonesiawith the products and services thus paid for and shall be released from its reparations obligation to the extent of the equivalent value in United States of Americadollars of such yen payment in accordance with Article 1 of the present Agreement (hereinafter referred to as "the Mission") as its sale and exclusive agent to be charged with the implementation of the present Agreement, including the conclusion and performance of Reparations Contracts.
Article 6
1. Japanagrees to the establishment in Japan of a Mission of the Government of the Republic of Indonesia.
2. Such office or offices of the Missionin Japanese as are necessary for the effective performance of its functions and used exclusively for that purpose may be established at Tokyoand/or other places to be agreed upon between the two Governments.
3. The premises of the office of offices, including the archives, of the Mission in Japanshall be inviolable. The Missionshall be entitled to use cipher. The real estate which is owned by the Missionand used directly for the performance of its functions shall be exempt from the Tax on Acquisition of Real Property and the Property Tax. The income of the Missionwhich may be derived from the performance of its functions shall be exempt from taxation in Japan. The property imported for the official use of the Mission shall be exempt from customs duties and any other charges imposed on or in connection with importation.
4. The Missionshall be accorded such administrative assistance by the Government of Japanas other foreign assistance by the Government of Japanas other foreign missions usually enjoy and as may be required for the effective performance of its functions.
5. The Chief and two senior officials of the Missionas well as the chiefs of such offices as may be established in pursuance of paragraph 2 above, who are nationals of the Republic of Indonesia, shall be accorded diplomatic privileges and immunities generally recognized under international law and usage. If it is deemed necessary for the effective performance of the functions of the Mission, the number of such senior officials may be increased by agreement between the two Governments.
6. Other members of the staff of the Missionwho are nationals of the Republic of Indonesiaand who are not ordinarily resident in Japanshall be exempt from taxation in Japanupon emoluments which they may receive in the discharge of their duties, and, in accordance with Japanese laws and regulations, from customs duties and any other charges imposed on or in connection with importation of property for their personal use.
7. In the event any dispute arising out of in connection with the Reparations Contracthas not been settled by arbitration or the arbitration award rendered has not been complied with, the matter may be taken, as a last resort, to the appropriate Japanese court. In such a case and solely for the purpose of whatever judicial proceedings may be necessary, the person holding the position of Chief of the Legal Section of the Missionmay sue or be sued, and accordingly he may be served with process and other pleadings at his office in the Mission. However, he shall be exempt from the obligation to give security for the costs of legal proceedings. While the Missionenjoys inviolability and immunity as provided for in paragraphs 3 and 5 above, the final decision rendred by the appropriate judicial body in such a case will be accepted by Missionas binding upon it.
Article 7
1. The two Governments shall take measures necessary for the smooth and effective implementation of the resent Agreement.
2. The Republic of Indonesiashall provide such local labour, materials and equipment as may be made available in order to enable Japanto supply the products and services referred to in Aritcle 1 of the present Agreement,
3. Japanese nationals who may be needed in Indonesiain connection with the supply of products or services under the present Agreement shall, during the required period of their stay in Indonesia, be accorded facilities as may be necessary for the performance of their work.
4. With respect to the income dericed from the supply of products of services under the present Agreement, Japanese nationals and juridical persons shall be exempt from taxation in Indonesia.
5. The Republic of Indonesiaundertakes that the products of Japansupplied under the present Agreement shall not be re-exported from the territories of the Republic of Indonesia.
Article 8
There shall be established a Joint Committeeto be composed of representatives of the two Governments as an organ of consultation between them, with powers to recommend on matters concerning the implementation of the present Agreement.
Article 9
Details including procedures for the implementation of the present Agreement shall be agreed upon through consultation between the two Governments.
Article 10
Any dispute between the two Governments concerning the interpretation and implementation of the present Agreements shall be settled primarily through diplomatic channels. If the two Governments fail to reach a settlement, the dispute shall be referred for decision to a tribunal of three arbitrators, one to be appointed by each Government and the third to be agreed upon by the two arbitrator so chosen, provided that such third arbitrator shall not be a national of either country. Each Government shall appoint an arbitrator within a period of thirty days from the date receipt by either Government from the other Government of a note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of thirty days. If, within the period respectively referred to, either Government fails to appoint an arbitrator or the third arbitrator in not agreed upon, the President of the International Court of Justicemay be requested by either Government to appoint such arbitrator or the third arbitrator, as the case may be. The two Governments agree to abide by any award given under this paragraph.
Article 11
The present Agreement shall be ratified. The Agreement shall enter into force either on the date of exchange of the instruments of ratification thereof or on the date of exchange of the instruments of ratification of the Treaty of Peace between Japanand the Republic of Indonesiasigned at Djakartaon January 20, 1959, whichever date is the later.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed the present Agreement and have affixed hereinto their seals.
DONE in duplicate at Djakarta, this twentieth day of January of the year one thousand nine hundred and fifty sight.
For the Republic of Indonesia: For Japan:
SUBANDRIO AIICHIRO FUJIYAMA
Minister for Foreign Affairs of the Republic of Indonesia.
Minister for Foreign Affairs of Japan.
EXCHANGE OF NOTES WITH RESPECT TO THE INTERPRETATION OF THE REPARATIONS AGREEMENT
INDONESIAN NOTE,
Djakarta, January 20, 1958.
Your Excellency,
I have the honour to refer to the Reparations Agreementbetween the Republic of Indonesiaand Japansigned today.
The following is the understanding of the Government of the Republic of Indonesiapertaining to the interpretation of the Agreement :
1. Re : Article 4, paragraph 2 (b) :
The arrangements referred to in (b) mean arrangements existing at the time a Reparations Contract is verified.
An arrangement will not apply retroactively to a Reparations Contractwhich has been duly verified prior to the conclusion such arrangement.
2. Re : Article 7, paragraph 4 :
The Japanese juridical persons mentioned in this paragraph are those who undertake reparations projects in the Republic of Indonesiaor those who provide services under Reparations Contracts.
3. Re : Article 8 :
The Governments of the Republic of Indonesiaand of Japanshall respectively appoint one representative and a certain number of deputies for the Joint Committee.
the Joint Committeeshall meet at the request of the representative of either party.
The functions of the Joint Committeeshall be consultation and recommendation to the Governments of the Republic of Indonesiaand of Japan, on the following matters :
(a) procedure concerning contracts between the Government of the Republic of Indonesiaand Japanese nationals or juridical persons for the supply to the Republic of Indonesiaof the products of Japanand the services of the Japanese people as referred to in Article 1, Article 2 and Article 4 of the Agreement.
(b) criteria for verification by the Japanese Governmentof the contracts mentioned in Article 4, paragraph 2 of the Agreement.
(c) procedure for payment mentioned in Article 5 of the Agreement.
(d) matters concerning preparation of the annual schedules mentioned in Article 3 of the Agreement,
(e) review of the progress of performance of the reparations including the calculation of the total amount of such performance from time to time.
(f) matters concerning the arbitration provided for in Article 10 of the Agreement.
(g) such other matters concerning the implementation of the Agreement as the parties may by consent refer to the Joint Committee.
I should be grateful if Your Excellency could confirm the above - mentioned understanding on behalf of your Government.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
The Plenipotentiary of the Republic of Indonesia.
EXCHANGE OF NOTES WITH RESPECT TO ECONOMIC/COOPERATION
Djakarta, January 20, 1958
Excellency,
I have the honour to confirm the following arrangement which embodies the understanding reached between the representatives of the two Governments concerning commercial loans and investment which will be advanced by nationals (including private firms, wherever the terms is used herein) of Japanto the Government and nationals of the Republic of Indonesiawith a view to assisting in the further economic development of the Republic of Indonesia:
1. Commercial investments, long-term loans or similar credit arrangements (hereinafter referred to as "loan") to such amount in yen as shall be equivalent to four hundred million United States of Americadollars ($400.000.000) at present computed at one hundred forty four billion yen (Y144.000.000.000) will be extended by nationals of Japanto the Government or nationals of the Republic of Indonesiathrough appropriate contracts that may be entered into.
2. Loans shall be extended on a commercial basis and in accordance with the applicable laws and regulations of the two countries.
The Government of the Republic of Indonesiareserves the right to determine the fields of investment and the various industries for which the laosn may be contracted as well as the criteria governing the eligibility of Indonesian private firms nationals desiring such loans.
3. The two Governments shall facilitate and expeedite the extension of loans within the scope of pertinent laws and regulations. The facilitation and expedition the Government of Japanis required to offer as to loans will be similar to those which are currently provided to those loans contracted between nationals of Japanand the Government or nationals of the Republic of Indonesiaand financed on an ordinary commercial bases by the Japanese banking institutions like the Export-Import Bank of Japan, within their then available funds.
The two Governments shall jointly review from time to time the progress of the conclusion and performance of the loan contracts with a view to effecting the smooth operation of the present arrangement.
4. The terms and conditions of any loan shall be as agreed upon between the parties to the loan contract.
The loans shall be made principally in the form of machinery and equipment as well the services incidental thereto.
5. Dispute arising out of or in connection with any loan contract shall be settled either through arbitration by agreement between the parties to the contract or in accordance with the ordinary judicial processes of the country having jurisdiction over such disputes.
6. The present arrangement shall remain in force for a period of twenty years. However, if, after the passe of nineteen years from the coming into force of the arrangement, it appears likely that the amount mentioned in 1 above may not be reached by the end of such period, the two Governments may, upon request of either of them, enter into consultation with a view to extending the period of the present arrangement.
I have the honour to propose that the present note and Your Excellency's reply confirming the contents of the arrangement as stated therein shall be regarded as constituting an agreement between the two Governments which shall come into force on the date of exchange of the instruments of ratification of the Treaty of Peacebetween Japanand the Republic of Indonesia.
I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.
Plenipotentiary of Japan.
TREATY OF PEACE BETWEEN THE REPUBLIC OF INDONESIA AND JAPAN
THE REPUBLIC OF INDONESIAAND JAPAN.
Being desirous of terminating the state of war between the two countries and of co-operating in friendly association for the promotion of the common welfare of their peoples and the maintenance of international peace and security in conformity with the principles of the Charter of the United Nations.
Have determined to conclude this Treaty and have accordingly appointed as their Plenipotentiaries :
The Republic of Indonesia:
Mr. SUBANDRIO, Minister for Foreign Affaire
Japan:
Mr. AIICHIRO FUJIYAMA, Minister for Foreign Affairs.
The, having indicated to each other their respective Full foward found to be in good and due form, have agreed on the following Articles :
Article 1
The state war between the Republic of Indonesiaand Japanis terminated as from the date on which this Treaty comes into force.
Article 2
There shall be firm and perpetual peace and amity between the Contracting Parties and their respective peoples.
Article 3
Both Contracting Parties are desirous of strengthening further the economic relations between them in according with the spirit of the decisions made at to Asian-African Conference held at Bandung from 18th to 24th April, 1955.
Therefore :
(a)Both Contracting Parties shall enter into negotiations for the conclusion of treaties or agreement at the earliest practicable date to place their trading, maritime, aviation and other economic relations on a stable and friendly basis.
(b) Pending the conclusion of the relevant treaty or agreement, both Contracting Parties shall accord to each other non-discriminatory treatment as compared with that accorded to any third country in the field of trading, maritime and other economic relations between them.
Article 4
1. Japanis prepared to pay reparations to the Republic of Indonesiain order to compensate the damage and suffering caused by Japanduring the war. Nevertheless it is recognized that the resources of Japanare not sufficient, if it is to maintain a viable economy, to make complete reparation for all the damage and suffering for the Republic of Indonesiaand other countries caused by Japanduring the war and the same time meet its other obligations.
Therefore :
(a) Japanagrees to supply, in accordance with detailed terms as may be agreed upon, the Republic of Indonesiaby way of reparations with the product of Japanand the services of Japanpeople, the total value of which will be eighty thousand three hundred and eight million eight hundred thousand yen (Y 80.308.800.000), equivalent to two hundred and twenty-three million eighty thousand United States of Americadollar($223.060.000), within the period of twelve years. The supply of such products and services shall be made at an annual average of seven thousand two hundred million yen(7.200.000.000), equivalent to twenty million United States of Americadollars($ 20.000.000) during the period of the first eleven years, the outstanding balance to be settled on the twelfth year.
(b) I. The Republic of Indonesiashall have the right, to seize, retain, liquidate or otherwise dispose of all property rights and interests of Japanan and Japanese nationals(including juridical persons) which on the coming into force of this Treaty were subject to its jurisdiction.
The property, rights and interests specified in this sub-paragraph shall include those now blocked, vested or in the possession or under the control of enemy property authorities of the Republic or Indonesia, which belonged to or were held or managed on behalf of Japanor any Japanese nationals (including juridical persons) at the time such assets came under the control of such authorities.
II. The following shall be excepted from the right specified in sub-paragraph (I) above :
(i) all real property, furniture and fixtures owned by the Government of Japanand used for diplomatic or consular purposes, and all personal furniture and furnishings and other private property not of an investment nature which was normally necessary for the carrying out of diplomatic and consular functions, owned by Japanese diplomatic and consular personal
(ii) property belonging to religious bodies or private charitable institutions and used exclusively for religious or charitable purposes ;
(iii) property, rights and interests which have come within the jurisdiction of the Republic of Indonesiain consequence of the resumption of trade, financial and other relations subsequent to September 2, 1945 between the Republic of Indonesiaand Japan; and
(iv) obligations of Japanor Japanese nationals, any rights, title or interest in tangible property located in Japan, interest in tangible property located in Japan, interests in enterprises organized under the laws of Japan, or any paper evidence thereof, provided that this exception shall only apply to obligations of Japanand its national expressed in Japanese currency.
III. Property referred to in exceptions set forth in subparagraph (II) above shall be returned subject to reasonable expenses for its preservation been liquidated, the proceeds shall be returned instead.
IV. The rights to seize, retain, liquidate or otherwise dispose of property as provided in sub-paragraph (I) above shall be exercised in accordance with the laws of the Republic of Indonesia, and the owner shall have only such rights as may be given him by those laws.
2. Except as otherwise provided in the preceding paragraph, the Republic of Indonesiawaives all reparations claims of the Republic of Indonesiaand all other claims of the Republic of Indonesiaand its nationals arising out of any nations taken by Japanand its nationals in the course of the prosecution of the war.
Article 5
1. Japanwaives all claims of Japanand its nationals against the Republic of Indonesiaand its nationals arising out of the war or out of actions taken because of the existence of a stated of war.
2. The foregoing waiver includes any claims arising out of nations taken by the former Netherlands East Indiesor the Republic of Indonesiawith respect to Japanese ships any claims and debts arising in respect to Japanese prisoners of war and civilian interness in the hands of the former Netherlands East Indiesor the Republic of Indonesia, but does not include Japanese claims specifically recognized in the laws of the Republic of Indonesiaenacted since September 2, 1945.
Article 6
Any dispute arising out of the interpretation or application of this Treaty shall be settled in the first instance by negotiation, and, if no settlement is reached within a period of six months from the commencement of negotiations, the dispute shall, at the request of either Contracting Party, be referred for decision to the International Court of Justice.
Article 7
This Treaty shall be ratified and shall come into force on the date of exchange of the instruments of ratification which shall take place as soon as possible at Tokyo.
IN WITNESS WHEREOF the undersigned Plenipotentiaries have signed this Tready and have affixed their seals.
DONE in duplicated, in the Indonesian, Japanese and English languages, at Djakarta, this twentieth day of January of the year one thousand nine hundred and fifty-eight. In case of any divergence of interpretation, the
For the Republic of Indonesia :
SUBANDRIO
Minister for Foreign Affairs of the Republic of Indonesia.
For Japan :
AIICHIRO FUJIYAMA
Minister for Foreign Affairs of Japan.
PROTOCOL BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF JAPAN RELATING TO SETTLEMENT OF THE CLAIMS WITH RESPECT TO BALANCES IN THE FORMER CLEARING ACCOUNT AND OTHER ACCOUNTS
THE GOVERNMENT OF THE REPUBLIC OF INDONESIAAND THE GOVERNMENT OF JAPAN,
Desiring to settle the claims with respect to the outstanding balances in the accounts opened in accordance with the Payments agreement between the Republic of Indonesiaand Japansigned at Djakartaon August 7, 1952, and the arrangements supplementary thereto of the same date.
Have agreed as follows.
Article 1
The amount of claims which Japanhas against the Republic of Indonesiaas the overall not balance of the balances of January 20, 1958 in the accounts provided for in the Payments Agreement between the Republic of Indonesiaand Japansigned at Djakartaon August 7, 1952, the protocol attached to the Payments Agreement, signed at Djakartaon August 7, 1952, and the Exchange of Notesconcerning the disposal of balance of Old Account, effected on August 7, 1952 between the Minister for Foreign Affairs of the Republic of Indonesiaand the Chief Delegate of Japanto the Trade Conference between Indonesiaand Japanare confirmed to be one hundred and seventy-six million nine hundred and thirteen thousand nine hundred and fifty-eight United States of Americadollars and forth-one cents($ 176,913,958.41).
Article II
1. Japanwaives its claims of one hundred and seventy-six million nine hundred and thirteen thousand nine hundred and fifty-eight United States of Americadollars and forty-one cents($176.913.958.41), specified in the preceding Article.
2. As a result of the foregoing, all claims of the Republic of Indonesiathe agreements enumerated in the preceding Article are finally disposed of.
Article III
This protocol shall be ratified. If shall come into force cither on the date of exchange of the instruments of ratification or on the date the Treaty of peace between the Republic of Indonesiaand Japancomes into force, whichever date is the later.
IN WITNESS WHEREOF, the undersigned, being only authorized by their respective Governments, have signed this protocal.
DONE in duplicate at Djakarta, this twentieth day of January of the year thousand nine hundred and fifty-eight,
For the Government of Japan :
For the Government of the Republic of Indonesia :

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VU VAM MAU, BUI VAM THING, PHAM PANG LAM, AIICHIRO FUJIYAMA, KANICHIKO KUBOTA, KUGORO UEMURA, VU VAN MAU, AIICHIRO FUJIYAMA, BUI VAN THING, KANICHIKO KUBOTA, PMAM DANG LAM, POGORO UEFURA, Aiichiro Fujiyama, VU VAN MAU, AIICHIRO FUJIYAMA, BUI VAH THING, KANICHIKO KUBOTA, PMAM DANG LAM, KOGORO UEMURA, SUBANDRIO, AIICHIRO FUJIYAMA, AIICHIRO FUJIYAMA, AIICHIRO FUJIYAMA
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월남, 일본, 월남, 일본, 일본, 버-마, 일본, 버-마, 동경, 버-마, 버-마, 일본, 일본, 버-마, 버-마, 버-마, 일본, 일본, 인도네시아, the Republic of Vietnam, Japan, the Republic of Vietnam, Japan, the Republic of Vietnam, Japan, Japan, Vietnam, Japan, Republic of Indonesia, Japan, the Republic of Indonesia, Japan, Indonesia, VIETNAM, JAPAN, Japan, San Francisco, The Republic of Vietnam, Japan, Japan, the Republic of Vietnam, Japan, US, US, US, Japan, the Republic of Vietnam, the Republic of Vietnam, Japan, Japan, Japan, the Republic of Vietnam, Japan, the Republic of Vietnam, US, Japan, Japan, Tokyo, Japan, the Republic of Vietnam, the Republic of Vietnam, Japan, The Republic of Vietnam, Japan, Vietnam, Vietnam, Vietnam, The Republic of Vietnam, the Republic of Vietnam, Japan, Tokyo, Republic of Vietnam, Japan, Tokyo, Japan, Republic of Vietnam, Japan, US, US, Japan, Japan, Japan, Japan, the Republic of Vietnam, United States, US, Japan, the Republic of Vietnam, Japan, the Republic of Vietnam, the United States, US, the Republic of Vietnam, Japan, Japan, Japan, US, Japan, the Republic of Vietnam, Japan, Japan, Tokyo, Japan, Republic of Vietnam, United States, US, Japan, the Republic of Vietnam, Japan, Japan, US, Japan, the Republic of Vietnam, Japan, THE REPUBLIC OF INDONESIA, Japan, the Republic of Indonesia, Japan, Djakarta, Japan, the Republic of Indonesia, Japan, United States of America, United States of America dollar, Japan, Japan, Republic of Indonesia, Japan, Japan, Japan, the Republic of Indonesia, United States of America, Japan, Tokyo, Japan, the Republic of Indonesia, the Republic of Indonesia, Japan, Japan, The Republic of Indonesia, Japan, Indonesia, Indonesia, Indonesia, The Republic of Indonesia, Japan, the Republic of Indonesia, Japan, the Republic of Indonesia, Djakarta, Djakarta, the Republic of Indonesia, Japan, Republic of Indonesia, Japan, the Republic of Indonesia, the Republic of Indonesia, Japan, Japan, the Republic of Indonesia, the Republic of Indonesia, United States of America, Japan, Japan, Japan, Japan, the Republic of Indonesia, THE REPUBLIC OF INDONESIA, JAPAN, The Republic of Indonesia, Japan, the Republic of Indonesia, Japan, Japan, the Republic of Indonesia, Japan, Japan, the Republic of Indonesia, Japan, Japan, the Republic of Indonesia, Japan, Japan, United States of America, United States of America, The Republic of Indonesia, Japan, the Republic or Indonesia, Japan, Republic of Indonesia, the Republic of Indonesia, Japan, Japan, Japan, Japan, Japan, Japan, the Republic of Indonesia, the Republic of Indonesia, the Republic of Indonesia, the Republic of Indonesia, Japan, Japan, Japan, Republic of Indonesia, Netherlands East Indies, the Republic of Indonesia, Netherlands East Indies, the Republic of Indonesia, the Republic of Indonesia, Tokyo, Djakarta, the Republic of Indonesia, Japan, Djakarta, Japan, the Republic of Indonesia, the Republic of Indonesia, Japan, Djakarta, Djakarta, Indonesia, Japan, United States of America, Japan, United States of America, the Republic of Indonesia, the Republic of Indonesia, Japan
관서
State for Foreign Affairs, Extraordinary and Plenipotentiary to Japan, Ministry of Foreign Affairs, Foreign Affairs, Extraordinary and Plenipotentiary to the Republic of Vietnam, the Ministry of Foreign Affairs, the Government of the Republic of Vietnam, the Government of Japan, the Government of Japan, Mission of the Government of the Republic of Vietnam, The Mission's office in Japan, the Mission's office in Japan, the Mission, the Mission, Japanese Court, the Mission, the Mission, the Mission, the Mission, the Mission, the International Court of Justice, The Government of Japan, Japanese authorities, the Mission, The Government of Japan, the Mission, the Mission, The Mission, the Government of Japan, the Government of Japan, The Mission, the Mission, the Government of Japan, the Government of Japan, the Mission, the Government of Japan, the Mission, the Mission, the Government of Japan, the Mission, the Government of Japan, Government of Japan, the Government of Japan, the Government of Japan, the Government of Japan, the Government of Japan, the Mission, The Government of the Republic of Vietnam, the Government of Japan, the Mission, the Mission, The Government of Japan, the Mission, Government of the Republic of Vietnam, The Government of the Republic of Vietnam, the Government of Japan, The Government of the Republic of Vietnam, the Government of the Republic of Vietnam, The Government of Japan, The Government of the Republic of Vietnam, the Government of the Republic of Vietnam, the Government of the Republic of Vietnam, The Government of the Republic of Vietnam, the Government of the Republic of Vietnam, Government of the Republic of Vietnam, the Government of the Republic of Vietnam, Government of the Republic of Vietnam, The Government of Japan, the Government of the Republic of Vietnam, the Government of the Republic of Vietnam, the Government of the Republic of Vietnam, the Government of the Republic of Vietnam, The Government of the Republic of Vietnam, Government of the Republic of Vietnam, the Government of the Republic of Indonesia, the Government of the Republic of Indonesia, Government of the Republic of Indonesia, The Mission, the Government of the Republic of Indonesia, the Government of Japan, the Mission, the Mission, Japan of a Mission of the Government of the Republic of Indonesia, the Mission, the Mission in Japan, The Mission, the Mission, the Mission, The Mission, the Government of Japan, the Government of Japan, the Mission, the Mission, the Mission, the Mission, the Mission, the Mission, Mission, the International Court of Justice, the Government of the Republic of Indonesia, The Governments of the Republic of Indonesia, of Japan, the Governments of the Republic of Indonesia, of Japan, the Government of the Republic of Indonesia, the Japanese Government, the Government or nationals of the Republic of Indonesia, The Government of the Republic of Indonesia, the Government of Japan, the Government or nationals of the Republic of Indonesia, Foreign Affaire, Foreign Affairs, the Government of Japan, the International Court of Justice, THE GOVERNMENT OF THE REPUBLIC OF INDONESIA, THE GOVERNMENT OF JAPAN, Foreign Affairs of the Republic of Indonesia
단체
A Joint Committee, the Joint Committee, the Joint Committee, the Joint Committee, Joint Committee, the Joint Committee, the Joint Committee, the Joint Committee, the Joint Committee, Delegate of Japan
문서
the Exchange of Notes
기타
the Reparations Contracts, the Reparations Contracts, Reparations Contract, Reparation Agreement, The Reparations Contracts, Reparations Contracts, Reparations Contracts, Reparations Contracts, Reparations Contracts, Reparations Contract, Reparations Contract, Reparations Contracts, the Reparation Agreement, the Reparation Agreement, the Reparation Agreement, the Reparation Agreement, Reparation Agreement, Reparations Agreement, the Reparation Agreement, the International Bank of Reconstruction and Development, the Loans Agreement, the Loans agreement, the Reparation Agreement, the Reparation Agreement, Treaty of Commerce and Navigation, Reparations Contract, Reparations Contract, Reparations Contracts, Reparations Contracts, Reparations Contracts, Reparations Contract, the Reparations Agreement, Reparations Contract, Reparations Contracts, Treaty of Peace, Charter of the United Nations
오류접수

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월남 , 미얀마 , 인도네시아의 대일 배상협정 자료번호 : kj.d_0010_0040_0010