その他令和8年7月1日

日本国とインドネシア共和国との間の経済連携に関する協定を改正する議定書(英文)

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令和8年7月1日
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日本国とインドネシア共和国との間の経済連携に関する協定を改正する議定書(英文)

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19令和8年7月1日水曜日官号外第146号)
(右条約の英文)
Preamble
Japan and the Republic of Indonesia (hereinafter
referred to in this Protocol as "the Parties") ;
Having undertaken a general review of the Agreement
Partnership, done at Jakarta, Auqust 20, 2007 (hereinafter
referred to as "the Agreement") pursuant to Article 151 of
the Agreement;
Recognizing the need to upgrade the Agreement,
including in the areas of Trade in Goods, Trade in
Services, Movement of Natural Persons, Intellectual
Property and Government Procurement, to ensure that the
Agreement retains its relevance to businesses in responding
to current development;
Desiring to modernize the Agreement to take inte
account changing global business and trade practices, and
the growing significance of electronic commerce between the
Parties; and
Desiring to conclude a protocol to amend the
Agreement pursuant to Article 152 of the Agreement,
HAVE AGREED as follows:
Article 1
The table of contents of the Agreement shall be
deleted and replaced by the new table of contents as
provided for in Annex A to this Protocol.
Article 2
Article 2 of the Agreement shall be amended by
deleting the expression "and" at the end of subparagraph
1(f), renumbering subparagraph 1(g) as subparagraph 1(i)
and inserting the following new subparagraphs immediately
after subparagraph 1(f):
"(g) the term "Protocol" means the Protocol
amending the Agreement between Japan and
the Republic of Indonesia for an Economic
Partnership, done at Tokyo and Jakarta,
August 8, 2024;
(h) the term "TRIPS Agreement" means the
Agreement on Trade-Related Aspects of
Intellectual Property Rights in Annex 1C to
the Marrakesh Agreement Establishing the
World Trade Organization, done at
Marrakesh, April 15, 1994; and"
Article 3
Article 11 of the Agreement shall be amended by
deleting paragraphs 1 through 4 and replacing them by the
following paragraphs:
17
"1. For the purposes of Chapters 2, 3, 4, 5, 7A and
8 of this Agreement, Article XX of the GATT 1994 is
incorporated into and forms part of this Agreement,
mutatis mutandis.
Note: The Parties understand that the measures
referred to in subparagraph (b) of Article XX
of the GATT 1994 include environmental measures
necessary to protect human, animal or plant
life or health, and that subparagraph (g) of
Article XX of the GATT 1994 applies to measures
relating to the conservation of living and non-
living exhaustible natural resources.
2. For the purposes of Chapters 5, 6, 7 and 7A of
this Agreement, Article XIV of the GATS including its
footnotes is incorporated into and forms part of this
Agreement, mutatis mutandis.
Note: The Parties understand that the measures
referred to in subparagraph (b) of Article XIV
of the GATS include environmental measures
necessary to protect human, animal or plant
life or health.
3. Nothing in this Agreement shall be construed:
(a) to require a Party to furnish any
information the disclosure of which it
considers contrary to its essential
security interests;
(b) to prevent a Party from taking any action
which it considers necessary for the
protection of its essential security
interests:
(i) relating to fissionable and fusionable
materials or the materials from which
they are derived;
(ii) relating to the traffic in arms,
ammunition and implements of war and to
such traffic in other goods and
materials, or relating to the supply of
services, as carried on directly or
indirectly for the purpose of supplying
or provisioning a military
establishment;
(iii) taken so as to protect critical public
infrastructures including
communications, power, and water
infrastructures;
Note: For greater certainty, this
includes critical public
infrastructures whether publicly
or privately owned.
(iv) taken in time of national emergency or
war or other emergency in international
relations; or
(c) to prevent a Party from taking any action
in pursuance of its obligations under the
United Nations Charter for the maintenance
of international peace and security.
4. In cases where a Party takes any measure
pursuant to paragraph 1, 2 or 3 that does not conform
with the obligations under Chapter 5, the Party shall
make reasonable effort to notify the other Party of
the description of such measure either before the
measure is taken or as soon as possible thereafter."
Article 4
Article 26 of the Agreement shall be amended by
deleting subparagraph (b) and replacing it by the following
subparagraph:
"(b) discussing any issues related to this
Chapter, including measures to update each
Party's tariff schedule to reflect the
amendments to the HS;
Note: For greater certainty, the Parties
understand that each Party, following
amendments to the HS, carries out
updates of its tariff schedule
without changing the substance of the
tariff concessions set out in the
Schedules in Annex 1, and such
updates of each Party's tariff
schedule shall not constitute an
amendment set out in Article 152."
Article 5
Article 95 of the Agreement shall be amended by
deleting the expression "a renewal" in paragraph 1 and
replacing it by the expression "an extension", and by
inserting the following new paragraphs immediately after
paragraph 3:
'4. Each Party shall process without undue delay
complete applications for the grant of entry and
temporary stay or extensions thereof received from an
applicant who is a natural person of the other Party
covered by Article 92 or his or her employer.
5. If the competent authorities of a Party require
additional information in order to process the
application for the grant of entry and temporary
stay, they shall, where applicable, endeavor to
notify the applicant without undue delay
6.
5. Each Party shall, upon request and within a
reasonable period of time after receiving a complete
application for the grant of entry and temporary stay
or extensions thereof, notify the applicant of:
(a) the receipt of the application;
(b) the status of the application; and
(c) the decision concerning the application
including, if approved, the period of stay
and other conditions.
7. Each Party shall endeavor to simpl1.fy the
requirements including required documentation, and to
facilitate and expedite the procedures, relating to
entry and temporary stay or extensions thereof, in
accordance with its laws and regulations."
Article 6
The following new Chapter shall be inserted
immediately after Chapter 7 of the Agreement:
21令和8年7月1日水曜日官報(号外第146号)
"Chapter 7A
Electronic Commerce
Article 96A
Scope
1. This Chapter shall apply to measures by a Party
affecting electronic commerce.
2. This Chapter shall not apply to government
procurement.
3. In the event of any inconsistency between this
Chapter and another Chapter of this Agreement, the
other Chapter shall prevail to the extent of the
inconsistency.
Article 96B
Definitions
For the purposes of this Chapter:
(a) the term "computing facilities" means
computer servers and storage devices for
processing or storing information for
commercial use;
(b) the term "covered person" means:
(i) "investments", as defined in
0.0010,00,00ince and ther the of the in ther and the0000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
subparagraph (f) of Article 58, of an
investor of the other Party in the Area
of a Party;
(ii) an "investor of the other Party" as
19819,419,440.00%000000000000000000000.)000)))))))))00............0e000e0..e..0eeeeeeeee.e.e.e.e................4,55,00fined in subparagraph (h) of Article
defined in subparagraph (h) of Article
58; or
(iii) a "service supplier", as defined in
subparagraph (q) of Article 77, of a
Party,
but does not include a "financial service
supplier" or a "public entity" as defined
in subparagraph 2 (a) (ii) and (iii) of
Section 1 of Annex 7, and a financial
institution;
(c) the term "measure" means any measure,
whether in the form of a law, regulation,
rule, procedure, decision, administrative
action or any other form; and
(d) the term "personal information" means any
information, including data, about ar
identified or identifiable natural person.
Article 96C
Online Consumer Protection
1. The Parties recognize the importance of
adopting and maintaining transparent and effective
measures to protect consumers from fraudulent and
misleading practices when they engage in electronic
commerce.
2. For the purposes of this Article, fraudulent
and misleading practices refers to those fraudulent
and misleading practices that cause actual harm to
consumers, or that pose an imminent threat of such
harm if not prevented, for example:
(a) a practice of making misrepresentations of
material fact, including implied factual
misrepresentations, that cause significant
detriment to the economic interests of
misled consumers;
(b) a practice of failing to deliver products
or provide services to consumers after the
consumers are charged; of
(c) a practice of charging or debitinc
consumers' financial, telephone or other
accounts without authorization.
3. Each Party shall adopt or maintain domestic
laws and regulations to provide protection for
consumers using electronic commerce against
fraudulent and misleading practices that cause harm
or potential harm to such consumers.
4. The Parties recognize the importance of
cooperation between their respective competent
authorities in charge of consumer protection on
activities related to electronic commerce in order to
enhance consumer protection.
Article 96D
Personal Information Protection
1. The Parties recognize the economic and social
benefits of protecting the personal information of
users of electronic commerce and the contribution
that protecting such personal information makes to
enhancing consumer confidence in electronic commerce.
p.19 / 3
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