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Arrangement between Indonesia and UNTAET on the establishment of a Joint Border Committee

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The Government of the Republic of Indonesia (GORI) and the United Nations Transitional Administration in East Timor (UNTAET), hereinafter referred to as the"Parties";
Desiring to implement the Joint Communique between the Government of the Republic of Indonesia and the United Nations Transitional Administration in East Timor signed in Dili on 29 January 2000, in particular point 7 (seven);

Reaffirming that the boundary between Indonesia and East Timor is governed by the existing border legal instruments, i.e. the Convention between the Netherlands and Portugal for the Settlement of the Timor Boundary of 1 October 1904, the PCA Arbitral Award concerning the Subject of the boundary of a Part of their possession in the island of Timor of 1914, and other relevant legal instruments;

Have reached the following arrangements:

I. Joint Border Committee

The Parties hereby agree to establish a Joint Border Committee to consider and seek mutually agreable solutions to all practical issues or problems of a cross border nature;

The Joint Border Committee will comprise officials appointed by UNTAET and the GORI;

The Joint Border Committee will, as appropriate, advise and make recommendations on all matters, procedures and arrangements relating to the implementation of the Joint Communique to develop border cooperation;

UNTAET will establish a Border Committee or other mechanism dealing with border issues and the GORI will establish its National Border Committee. The organizational chart of the Joint Border Committtee with its linkage to each Border Committee appears as Annex-1 to this Arrangemet;

To assist the Joint Border Committee, the Secretaries of the two border mechanisms mentioned above will make regular contacts in preparing technical and administrative matters for the meetings of the Joint Border Committee.

II. Border Liaison

The Parties hereby agree to establish a Border Liaison to assist the Joint Border Committee;

The Border Liaison will consist of officials from the Parties;

Border Liaison meetings will take place as and when requested by either Party or by mutual agreement;

Border Liaison meetings will submit a joint report to the Joint Border Committee for consideration and direction;

The main purpose of the Border Liaison meetings will be as follows:

To exhange information on all developments in the Border Area which are of mutual interest;

To formulate, establish or amend procedures for the practical operations of this Arrangement, particularly at local and district levels, consistent with the guidelines and procedures of the Joint Border Committee; and

To ensure that UNTAET and the GORI, through the Joint Border Committee, are kept informed of developments of significance relating to the border regime and that their attention is drawn to any matters which may require consultation in accordance with this Arrangement.

The Border Liaison will also consider local, technical or development matters affecting communities in the border area as and when the need arises.

III. Border Management

The Joint Border Committee will establish Technical Sub-Committees, as and when considered necessary. These Sub-Committees will consist of experts of both UNTAET and the GORI. Their functions will be to facilitate the implementation of this Arrangement on purely technical matters and to devise regulations to be approved by the Joint Border Committee. These Sub-Committees may meet, if necessary, prior to the meetings of the Joint Border Committee;

Technical Sub-Committees will be established in the following areas, among others: Border Demarcation and Regulation; Soft Border Management; Cross-border Natural Resource Management; Cross-border Health and Veterinary Issues; Cross-border Movement of People and Goods; Cros-border Enviromental Issues; Cooperation on Cross-border Emergencies; Cross-border Police Cooperation; Border Security; Border Crossings; and Livestock.

The purposes of these Sub-committees are laid out in Annex-2 of this Arrangment.

IV. Dispute Settlement

Disputes between the Parties concerning the interpretation or application of this Arrangement will, to the extent possible, be settled trough consulatitons or negotiation.

V. Consultation and Amendment

Each party may request that consultations be held on any matters concerning this Arrangement. The other party will accord sympathetic consideration to the proposal and will afford adequate opportunity for such consultations.

This Arrangement may be amended at any time, if deemed necessary, by mutual consent.

VI. Entry Into Force, Duration and Termination

This Arrangement will enter into force on the date of signatures by the duly designated officials of UNTAET and the GORI. It wll remain in force until the end of the UNTAET mandate with the option of being extended by mutual agreement between the GORI and the Government of an independent East Timor.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto respectively by the United Nations Transitional Administration in East Timor and the Government of the Republic of Indonesia, have signed this Arrangement.

DONE IN DUPLICATE in Denpasar on the fourteenth day of September two thousand in Bahasa Indonesia and English. Should any dispute arise in the interpretation of this Arrangement, the English version will prevail.

FOR THE GOVERNMENT OF THE REPUBLIC OF INDONESIA

sgd.
SUSILO BAMBANG YUDHOYONO
MINISTER FOR FOREIGN AFFAIRS A.I. FOR THE UNITED NATIONS TRANSITIONAL ADMINISTRATION IN EAST TIMOR

sgd.
SERGIO VIEIRA DE MELLO
ADMINISTRATOR

Annex-1

ORGANIZATIONAL CHART OF THE JOINT BORDER COMMITTEE THE GOVERNMENT OF THE REPUBLIC OF INDONESIA - UNTAET




Annex-2

Border Management
Technical Sub-Committees
Border Demarcation and Regulation

To initiate discussion leading to recommendations on the demarcation of the international border between Indonesia and East Timor on the Basis of the 1904 Treaty between Portugal and the Netherlands, the 1914 Arbitral Decision, and other relevant legal instruments. The technical Sub-Committee will submit a report on its work, along with its recommendations, to the Joint Border Committee. The final border demarcation will be subject to the approval of both the Republic of Indonesia and independent East Timor in accordance with their respective constitutional procedures. In addition, the Sub-Committee will make recommendations on the adjustment of the demarcation as required by changes in natural features or other circumstances.

Soft Border Management:

To devise regulations establishing a soft border regime that will enable persons whose permanent residence is within specified distance of the border to obtain a pass to cross the border through traditional points and to engage in traditional commerce for themselves and family members.

Cross-border Natural Resource Management:

To devise regulations and procedures, as necessary, regulating the flow and use of water that crosses the international border as well as of aquatic and other wildlife resources that traverse the border.

Cross-border Health and Veterinary Issues:

To devise regulations and procedures, as necessary, facilitating cooperation in combating human and animal diseases that may cross the international border.

Cross-border Movement of People and Goods:

To devise regulations and procedures facilitating the movement of people and goods across the border.

Cross-border Environmental Issues:

To devise regulations and procedures, as necessary, facilitating cooperation in preventing cross-border pollution and other cross-border environmental hazards, to guard against illegal logging or trade therein, and to guard against the illegal poaching and trade of wildlife, including both flora and fauna.

Cooperation on Cross-border Emergencies:

To devise regulations and procedures, as necessary, facilitating cooperation in handling medical, fire, and other emergencies.

Cross-border Police Cooperation:

To devise regulations and procedures, as necessary, facilitating cooperation on police matters across the border.

Border Security:

To devise regulations and procedures, necessary, facilitating cooperation:

To prevent the use of their respective territories in or in the vicinity of the border area as sanctuary, staging areas, bases or routes for any kind of hostile or illegal activities against the other party. To this end, the GORI and UNTAET will maintain its own procedures of notification and control; and

To keep each other informed and where appropriate consult on areas close to the border that are sensitive from a security perspective.

Border Crossings:

To devise regulations and procedures facilitating smooth transit through mutually agreed border crossing points, and facilitating cooperation and the border between the immigration and customs services of the two sides.

Livestock:

To devise regulations and procedures managing livestock and other farm animals along the international border and facilitating the return of animals which may have wandered into the territory of the other country.