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Memorandum of Understanding between Government of Republic of India and Government of Republic of Indonesia on the Establishment of a Joint Study Group to examine the feasibility of Comprehensive Economic Cooperation Agreement (CECA) [2005] INTSer 3

Memorandum of Understanding between Government of Republic of India and Government of Republic of Indonesia on the Establishment of a Joint Study Group to examine the feasibility of Comprehensive Economic Cooperation Agreement (CECA)

23/11/2005

The Government of the Republic of India and the Government of the Republic of Indonesia hereinafter referred to as “Parties”;

Recognizing the role of Comprehensive Economic Cooperation Agreement in accelerating overall economic development of their respective countries;

Desiring to further expand and develop bilateral relations and cooperation in the fields of trade, industry, investment and other economic fields;

Pursuant to the Joint Declaration of Prime Minister of India and the President of Indonesia of 23rd November 2005;

Bearing in mind the Record of Discussion of Bilateral Meeting between the Government of the Republic of Indonesia and the Government of the Republic of India, held in New Delhi on 8th August 2005;

Pursuant to the prevailing laws and regulations in their respective countries;

Have agreed as follows:

ARTICLE 1

The Parties shall establish a Joint Study Group (JSG) to examine the feasibility of a bilateral Comprehensive Economic Cooperation Agreement (CECA) that would include bilateral Free Trade Area (FTA) as a long-term objective.

ARTICLE 2

The objectives of CECA could be to:

1. Broaden and deepen cooperation in all economic fields;
2. Encourage trade and investment flows, bilaterally and regionally;
3. Contribute to trade and investment facilitation through minimizing tariff and non-tariff obstacles, reducing any administrative costs;
4. Improve business climate in two countries;
5. Promote transparency of regulation through cooperation among relevant institutions.

ARTICLE 3
COMPOSITION OF THE JOINT STUDY GROUP


The Joint Study Group will comprise delegations of both sides consisting of government officials, as well as representatives from the private sector and academia. The composition of the delegation shall be decided by each Party. The Joint Study Group shall be co-chaired by the Secretary, Department of Commerce, Government of India and Secretary General, Department of Trade, Government of Indonesia and or their representatives.

ARTICLE 4
TERMS OF REFERENCE OF THE JOINT STUDY GROUP


The Terms of Reference of the Joint Study Group would be to:

(i) identify the strategic and economic benefits that India and Indonesia can derive from the establishment of CECA;

(ii) develop a policy framework for enhancing trade in goods, services and investment including the feasibility of a Free Trade Agreement in Goods;

(iii) review the existing institutional framework, infrastructure and mechanisms in bilateral trade and economic relations to enhance closer cooperation and recommend measures to facilitate and optimise such cooperation;

(iv) expedite the expansion of trade in services, progressively liberalise trade in services on a preferential basis with substantial sectoral coverage;

(v) evolve appropriate framework and modalities for investment cooperation with a view to creating a favourable climate for encouraging investment flows across border;

(vi) enhance economic and technical cooperation in areas of mutual interest such as financial services, information and communication technology, bio-technology, bio-energy, pharmaceutical, healthcare, education and human resource development (HRD), infrastructure and tourism; and

(vii) subject to the feasibility for a CECA being established by the Joint Study Group, to develop a Framework Agreement for consideration and announcement by their Leaders possibly by end of 2006.

ARTICLE 5
TIMEFRAME


The meetings of the Joint Study Group shall be held alternately in India and in Indonesia. The Joint Study Group shall submit its report within 12 (twelve) months of its constitution.

ARTICLE 6

This Memorandum of Understanding may be amended as and when required by mutual consent of the Parties.

This Memorandum of Understanding shall enter into force on the date of its signing and remain in force indefinitely unless either Party notifies the other of its intention to terminate it by giving 6(six) month’s advance notice.

New Delhi
November 23, 2005


Bilateral Treaties & Documents
Ministry of External Affairs, New Delhi


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