H.E. Dr. R.M. Marty M. Natalegawa
Permanent Representative of
the Republic of Indonesia
to the United Nations
Agenda item 80:
Report of the UNCITRAL on the work of its 42nd session
New York, 12 October 2009
First of all, I would like to join delegations that have spoken before me in expressing the gratitude of the delegation of Indonesia to the Secretariat of UNCITRAL for its Report on the Work of its Forty-Second Session as contained in document A/64/17.
My delegation wishes to reaffirm Indonesia’s commitment to the development and harmonization of international trade law, and the important role of the Commission as the core legal body of the United Nations system in the field of international trade law.
Indonesiaclosely follows the work of UNCITRAL with great interest. Indonesia has been participating in the activities of the UNCITRAL Working Groups: the Working Group on Procurement; Working Group on Arbitration and Conciliation; Working Group on Insolvency Law; Working Group on Security Interests; and Working Group on Electronic-Commerce.
Indonesianotes that UNCITRAL on 1 July 2009 adoptedthe Practice Guide on Cross-Border Insolvency Cooperation (the "Practice Guide"). It provides an analysis of various agreements, ranging from written agreements approved by courts to oral arrangement between parties in the proceedings that have been entered into over the last decade or so. In this regard, we extend our appreciation to the Commission and its Secretariat for the result obtained and look forward to receiving the final text.
Important developments have been achieved by the Working Group on Procurement. Indonesia participated in the 15th and 16th session of the Group in New York on February and May 2009, where the group continued its discussion of the proposal for the review of the Model Law, focusing on review procedures, framework agreements and remedies. In this regard, we would like to express our appreciation of the Committee of the Whole for its work in addressing the draft revised model law at the previous session.
With regard to remedies on procurement, Indonesia supports the recommendation made by the Commission to strengthen the provisions of the Model Law on Public Procurement in order to meet the requirements of the United Nations Convention against Corruption, with the aim of providing a mandatory system of independent review and deleting the exemptions from review contained in the 1994 Model Procurement Law.
Turning to the Committee’s decision to bring defense sector procurement and socio-economic factors in public procurement within the scope of the revised model law, Indonesia would like to underline that the provisions should respect Member States' prerogatives in those respective fields.
We note that the Committee willcontinue its work based on the revised text prepared by the Secretariat, which include a review of outstanding issues. Indonesia hopes that in the next session, the commission could finalize the said draft of Model Law on Public Procurement.
On December 11, 2008, the United Nations General Assembly adopted Resolution 63/122 on The Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, better known as the Roterdam Rules. This resolution is a landmark achievement that creates a set of contemporary and uniform rules for the transportation, and modernizes existing international rules relating to the contract of maritime carriage of goods.
Indonesianotes that since it was opened to signature on September 23, 2009, the Convention has received 19 signatures (Congo, Denmark, France, Gabon, Ghana, Greece, Guinea, Netherlands, Nigeria, Norway, Poland, Senegal, Spain, Switzerland, Togo, United States, Madagascar, Cameroon and Armenia). This is a very encouraging number, in view of the fact that the Convention enters into force following its ratification by 20 States.
Let me conclude by stressing that Indonesia continues to attach the highest importance to the work of UNCITRAL. I would also like to convey our deep appreciation to Mr. Renaud Sorieul, the Secretary General of UNCITRAL, for his tireless contribution during his first year in office, by which he has demonstrated his leadership qualities and commitment to the Commission.
I thank you Mr. Chairman.
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