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Page 1: Jasa bisnis & distribusi( 2)

Perkembangan Perundingan Sektor Perdagangan Jasa Bisnis

dan Distribusi

Page 2: Jasa bisnis & distribusi( 2)

Dalam Hubungan Perdagangan Internasional Sektor Jasa, adalah merupakan sektor

yg paling dinamis.

Berdasarkan Kesepakatan Umum, Sektor Jasa adalah merupakan hasil negosiasi

Putaran Uruguay th.1986 s/d 1993.

PERDAGANGAN JASA

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Dalam Pelaksanaannya Perundingan Perdagangan Jasa dilakukan secara multilateral, plurilateral dan bilateral melalui pendekatan Request dan Offer

Request, adalah permintaan dari salah satu negara anggota kepada negara anggota lain untuk lebih membuka akses pasarnya.

Offer, adalah sebuah penawaran dari salah satu negara anggota kepada negara anggota lainnya, untuk tingkat liberalisasi pada sektor jasa tertentu.

PERUNDINGAN PERDAGANGAN JASA

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Proses Melakukan REQUEST ….. ?

Secara Instrumental, Request dapat dilakukan melalui kerjasama BILATERAL atau PLURILATERAL

( Masing-masing memiliki kekuatan dan kelemahan )

Request diarahkan untuk mengurangi hambatan pasar di negara target, khususnya yang terkait dengan mode of supply di sektor jasa

Dalam rangka pemanfaatan potensi pasar jasa di luar negeri, Syaratnya; a. Dibutuhkan pengenalan potensi unggulan jasa domestik, untuk

menentukan negara yang akan menjadi target/sasaran.

b. Pemahaman potensi pasar jasa yang dimiliki suatu negara yang akan dijadikan target Request.

c. Pemahamam mengenai berbagai kebijakan negara lain dengan melihat dokumen SOC-serta conditional offer atau revised offer, yang akan dijadikan target sasaran. (sebagai asumsi bahwa request akan dapat memberi peluang atau justru akan menghambat akses pasar jasa nasional)

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Proses Memberikan OFFER …?

Sebagai konsekuensi di dalam perundingan, setiap negara anggota dapat menawarkan tingkat liberalisasi sektor jasa

tertentu kepada negara anggota lainnya.

Tujuannya agar dalam proses perundingan, diharapkan akan tercapai keseimbangan antara Request - Offer

Syarat dalam pemberian Offer : a. Setiap Offer yang akan disampaikan, harus sesuai dengan tingkat kesiapan dari pemasok Jasa domestik agar dapat berkompetisi dengan pemasok jasa Asing.

b. Offer juga dapat didasarkan pada satu kebijakan tertentu – contohnya; adalah untuk mencapai tingkat pembangunan ekonomi nasional yang

lebih cepat.

Maka sebagai dasar dalam menyampaikan REQUEST – OFFER Indonesia, diperlukan sebuah “PETA AKSES PASAR” (PAP)

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Mode-1 => Perdagangan Lintas Batas (Cross-Border) yaitu seorang pengguna dari negara A, menerima jasa dari

Luar Negeri melalui infrastruktur POS dan Telekomunikasi;

Mode-2 => Konsumsi di Luar Negeri (Consumption Abroad)yaitu Seorang warga negara A, pergi keluar negeri

sebagai Turis, Pelajar atau Pasien;

Mode-3 => Keberadaan Komersial (Commercial Presence)yaitu Fasilitas Jasa yg disediakan di negara A, berupa

fasilitas kantor sebagai anak perusahaan Asing;

Mode-4 => Perpindahan Sementara (Presensence of Natural Persons)

yaitu seorang WNA yg memberikan Jasanya di negara A, sebagaiKonsultan, Dokter atau Perawat Kesehatan.

4 Definisi Perdagangan Jasa (GATS)

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Prinsip prinsip dalam Perundingan Jasa

Most Favoured Nation (MFN), yaitu menjamin tidak adanya perlakuan diskriminasi antar negara anggota.

Legally Binding, yaitu Komitmen yang mengikat (apabila terjadi penarikan komitmen, negara yg bersangkutan harus memberi kompensasi ).

National Treatment (Pasal XVII), yaitu Tidak boleh adanya tindakan diskriminatif yg dpt mempengaruhi kondsisi persaingan, sehingga merugikan jasa atau pemasok jasa asing dan aturan tsb berlaku untuk negara yang telah membuat “specific commitment”

Transparency, yaitu Setiap negara anggota diwajibkan bersikap terbuka terhadap kebijakan perdagangan yg dibua, sehingga memudahkan para pelaku usaha untuk memahami berbagai ketentuan yang terkait dengan aktivitasnya.

Progressive Liberalization, yaitu Perluasan akses pasar secara bertahap, disesuaikan dengan tujuan kebijakan dan tingkat perkembangan pembangunan di negara tersebut.

Flexibility, yaitu Fleksibilitas penerapan bagi negara-negara berkembang

7

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Perlakuan MFN (dalam pasal II) Yaitu, . . . .

1). Perlakuan Non-Diskriminasi, dimana setiap negara anggota harus memberikan perlakuan yg sama dan tanpa syarat kepada negara anggota lainnya, dalam pemberian produk Jasa dan pemasok Jasa;

2).……

Prinsip Most-Favoured-Nation (MFN)

( Kewajiban Umum Tanpa Syarat )Perlakuan MFN tertuang di dalam Pasal II, General Agreement on Trade in Services (GATS) dan prinsip tersebut berlaku untuk seluruh sektor dan seluruh Anggota;

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2). Setiap negara anggota diperbolehkan mempertahankan kebijakan yg tidak sejalan dgn ketentuan sebagaimana dimaksud dalam ayat 1 di atas;

3). Ketentuan untuk tidak menghalangi negara anggota yg memberikan kemudahan kepada negara-negara yg berbatasan dgn memfasilitasi perdagangan Jasa yg diproduksi dan dikonsumsi di daerah perbatasan.

Dari ke 3 hal tsb di atas, terdapat pengecualian di dalam annex, yaitu kemungkinan dari salah satu negara anggota meminta pengecualian pada saat berlakunya persetujuan (yaitu dalam jangka waktu yg secara prinsip tdk melebihi 10 tahun).

( Lanjutan ) :

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1). Market Access (Pasal XVI) :

Berkenaan dengan akses pasar melalui moda-moda pemasokan, negara anggota harus memberikan perlakuan yg tidak boleh kurang dari yg telah ditetapkan berdasarkan ketentuan, pembatasan dan persyaratan yg tercantum dalam schedule commitment kepada produk jasa dan negara anggita lainnya.

Kecuali memang diatur berbeda di dalam schedule commitment, maka tindakan atau kebijakan tsb tidak boleh dipertahankan atau diberlakukan oleh negara anggota.

Specific Commitments

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2). National Treatment ( Pasal XVII ) :

Dimaksudkan agar tidak boleh adanya tindakan diskriminatif yg mempengaruhi kondisi persaingan, sehingga merugikan jasa atau pemasok jasa asing.

Prinsip tsb dimaksudkan untuk menghapus friksi dan distorsi dari kebijakan yg didasarkan pada kekuasaan dgn kerangka kerja serta aturan yg tercermin, dimana hak berdagang tidak tergantung pada pengaruh pelaku ekonomi atau politik individual.

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3). Additional Commitments (Pasal XVIII) :

Dalam hal-hal diluar Market Access dan National treatment, Komitmen tambahan disampaikan oleh para anggota di dalam hal penggunaan standar, kualifikasi, ataupun lisensi

Komitmen tersebut, disampaikan dalam bentuk Reference paper, yg dibuat pada saat

pelaksanaan perundingan

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Perihal yg dimasukan ke dalam Schedule hanyalah tindakan-tindakan yg tidak sesuai

dgn ketentuan Akses Pasar maupun National Treatment dari GATS.

Schedule Commitment GATS, mencantumkan sedikitnya 8 item untuk setiap sektor.

Schedule

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Strukturisasi Komitmen Anggota WTO Umumnya menggunakan klasifikasi yg terdiri

dari 12 sektor Utama Jasa

(Document MTN.GNS/W/120)

1. Jasa Bisnis 7. Jasa Keuangan (Asuransi & Perbankan)

2. Jasa Komunikasi 8. Jasa Kesehatan & Sosial3. Jasa Konstruksi 9. Jasa Wisata & Travel4. Jasa Distribusi 10. Rekreasi, Budaya & Olah

Raga5. Jasa Pendidikan 11. Transportasi6. Jasa Lingkungan 12. Jasa-jasa Lain

Klasifikasi

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Perundingan Perdagangan Jasa dilakukan melalui proses strategi multi-trak, antara lain :

Forum Kerjasama Multilateral ( WTO - GATS )

Forum Kerjasama Regional (AFAS, APEC, ASEAN-Mitra Dialog)

Forum Kerjasama Bilateral (IJ-EPA)

Proses Perundingan Perdagangan Jasa

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Komitmen Indonesia di berbagai Forum

Untuk Sektor Jasa Bisnis

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Forum Kerjasama Multilateral

 ( WTO - GATS )

Schedule of Specific Commitments

INDONESIA

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Sektor Perdagangan Jasa Bisnis

No Classification Central Product Classifications (CPC)

1 Professional Services;

- Architectural Services (CPC 8671);- Engineering Service (CPC 8672 - except CPC 86721-86725-86726);- Advisory and Consultative (CPC 86721);- Engineering design services for industrial processes and production (CPC 86725);- Integrated Engineering Services (CPC 8673);- Urban Planning Services (CPC 86742);

2 Computer and Related Services;- Consultancy Services related to the installation of computer hardware (CPC 841);- Software implementation Services (CPC 842);

3Research and Development Services;

- Interdisciplinary R & D (CPC 853), limited to industrial activities)

4 Real Estate Services; -

5Rental/Leasing Services (Without Operators);

-

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No Classification Central Product Classifications (CPC)

6 Other Business Services;

- Project management Services other than for construction (CPC 86601);- Technical Testing and Analysis Services (CPC 8676);- Technical Testing and Analysis Services (CPC 8676);- Services incidental of manufacturing

(CPC 884 & 885);- Services incidental of manufacturing

(CPC 884 & 885);- Maintenance and repair of equipment (not

including maritime vessels, aircraft or other transport equipment) - (CPC 633+8861+8866)

Lanjutan …

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Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

Sector Specific Commitments :1.BUSINESS SERVICES

A. Professional Services

- Architectural Services (CPC 8671)

1) Unbound2) None3) (a) Joint

operation To form a

joint operation by establishing a representative office(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4) As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint

operation :1. Registration fee requirement2. Licence for representative

office shall be valid for 3 years and can be extended

3. Registered foreign company shall form a joint operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :

Local partner(s) in joint venture shall be member(s) of the Indonesian Consultant Association and having qualification A. 4) As specified in the Horizontal

Measures

Modes of supply:

(1)

Cross-border supply

(2)

Consumption abroad

(3) Commercial presence (4) Presence of natural persons

Sector or subsector Limitations on marke

t access

Limitations on national treatment Additional commitments

I. HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS SCHEDULE

1), 2) As specified in each sector

1), 2) As specified in each sector

3)

Commercial Presence of the foreign service provider(s) may be in the form of joint venture and/or representative office, unless mentioned otherwise.

Joint venture should meet the following requirements:

3) The Income Tax Law provides that non-resident taxpayers will be subject to withholding tax of 20% if they derive the following income from Indonesian source:(a) interest(b) royalties(c) dividend(d) fee from service performed in

(i)

should be in the form of Limited Liability

Enterprise (Perseroan Terbatas/PT),

(ii)

not more than 49% of the capital share of

the Limited Liability Enterprise

(Perseroan Terbatas/PT), may be owned

by foreign partner(s).

Land AcquisitionUndang-Undang Pokok Agraria (Land Law) No. 5 of 1960 stipulates that no foreigners (juridical and natural persons) are allowed to own land. However, a joint venture enterprise could hold the right for land use (Hak Guna Usaha) and building rights (Hak Guna Bangunan), and they may rent/lease land and property.

Any juridical and natural persons should meet professional qualification requirements.

4)

Subject to Indonesian Labour and Immigration Laws and Regulations, only directors, managers and technical experts/advisors, unless mentioned otherwise, are allowed with a maximum stay of two years subject to one year extension. Manager and technical experts (intra corporate transfer) are allowed based on an economic needs test.

4) Expatriate ChargesAny foreign natural persons supplying services are subject to charges levied by National. Provincial, and Municipal Governments Labour Laws and Regulations. Any expatriate employed by a joint-venture enterprise, representatives office, and/or other types of juridical person and/or an individual services provider must hold a valid working permit issued by the Ministry of Manpower

Immigration Laws and Regulations.Any expatriate must meet immigration requirements and procedures to enter the territory of the .

Definitions:"Director": One or a group of persons entrusted by the shareholders of a services providing entity with the final overall control and direction of the enterprise, and legally responsible to act on behalf of the enterprises inside and/or outside of the court."Manager": Senior employee of a service supplier who primarily directs the management of the organization, receiving general supervision or direction principally from the board of directors of the business, including directing the service supplier or a department or sub-division thereof, supervising or controlling the work of other supervisory, professional or managerial employee or having the authority to hire or fire or recommend such or other personnel actions."Technical Expert/Advisor": Person employed by a service supplier who possesses a standard of high or common (i) qualifications referring to a type of work or trade requiring specific technical knowledge or (ii) knowledge essential or proprietal to the service, research equipment, techniques or management."Joint Operation": A joint operation is an undertaking between one or several foreign and Indonesian enterprises of temporary nature, to handle one or several project/businesses without establishing a new statutory body according to Indonesian laws"Joint venture ": A joint venture enterprise is a legal entity organized under Indonesian law and having its domicile in , in the form of cooperation between foreign capital and Indonesian ( national) capital."Contract Management": Contract management is a contract organized under Indonesian law in the form of cooperation on management of temporary nature between Indonesian (national) capital and foreign capital.

II SECTOR-SPECIFIC COMMITMENTS

1. BUSINESS SERVICES

A. Professional Services

- Architectural Services (CPC 8671)

1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A. 4) As specified in the Horizontal Measures

- Engineering Service(CPC 8672 - except CPC 86721-86725-86726)

1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

- Advisory and Consultative (CPC 86721)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Engineering design services for industrial processes and production (CPC 86725)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Integrated Engineering Services (CPC 8673)

1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

- Urban Planning Services (CPC 86742) 1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing

a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

B. Computer and Related Services

- Consultancy Servicesrelated to the installation of computer hardware(CPC 841)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Softwareimplementation Services (CPC 842)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

C. Research and Development Services

- Interdisciplinary R & D (CPC 853, limited to industrial activities)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

D. Other Business Services

- Project management services other than for construction

(CPC 86601)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Technical Testing and Analysis Services

(CPC 8676)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Services incidental of manufacturing (CPC 884 & 885)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633+8861+8866)

1)

Unbound for government funded project

2)

Unbound for government funded project

3) Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in a joint operation must

be member of the Indonesian Consultant Association.

4) As specified in the Horizontal Measures

FINANCIAL SERVICESGeneral condition on Non Banking Financial Services Sub-sector :

1) All market access and national treatment limitations specified in the Non Banking Financial Services Sub-sectors will be eliminated by the year 2020 subject to similar commitment by other members.

2) The share ownership of foreign services suppliers is bound at the prevailing laws and regulations. The conditions of ownership and the percentage share of ownership as stipulated in the respective shareholder agreement establishing the existing individual joint venture in non banking financial services shall be respected. No transfer of ownership shall take place without the consent of all parties in the joint venture concerned.

3) Limitation on national treatment in terms of taxation which is specified in the Horizontal Measures is not applied on the Non Banking Financial Services Sub-sector.4) In addition to the Horizontal Measures, temporary entry will be granted to technical expert(s)/advisor(s) for no longer than 3 (three) months per person for any given

year. 5) Share of non-bank financial companies listed in the stock exchange may be 100% owned by foreign investors.6) In relation to the presence of natural person, only directors, managers, and experts/advisors can be assumed by expatriates with maximum stay of 3 (three) years and

can be extended.7) All joint venture companies shall provide training for their employees.

8) Limitation on national treatment in terms of difference in paid up capital requirement will be eliminated in the year 1998.

- Non-Life Insurance Services (CPC 8129)

1)

Unbound2)

Unbound except if:

(a) There is no insurance company in , either individually or group, which could handle the insurance risks of the object in question.

(b) There is no insurance company in which want to carry out an insurance coverage of the object in question.

(c) The owners of insurance objects in question are not Indonesian citizens or Indonesian legal entities.

3)

As specified in the Horizontal Measures

and General Conditions.4)

Unbound except for director and technical

advisor/expert.

1) Unbound2) Unbound3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Reinsurance Services 1)

Reinsurance service suppliers from other

Members must be rated minimum as BBB by

Standard and Poor or equivalent.2)

Reinsurance service suppliers from other

Members must be rated minimum as BBB by

Standard and Poor or equivalent.3)

As specified in the Horizontal Measures

and General Conditions.4)

Unbound except for director and technical

advisor/expert.

1) None2) Unbound3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Life Insurance Services (CPC 8121)

1)

Unbound

2)

Unbound except if:

(a)

There is no insurance company in

, either individually or group,

which could handle the insurance risks of

the object in question.

(b)

There is no insurance company in

which wants to carry out an

insurance coverage of the object in

question.

(c)

The owners of insurance objects in

question are not Indonesian citizens or

Indonesian legal entities.

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except for director and technical advisor/expert.

1) Unbound2) Unbound3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Insurance Brokerage Services (CPC 8140) 1)

Unbound2)

None3)

As specified in the Horizontal Measures and

General Conditions.4)

Unbound except for director and technical

advisor/expert.

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures.

- Reinsurance Brokerage Services (CPC 8140)

1)

Unbound

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except for director and technical advisor/expert.

1) None2) NoneAs specified in the General Conditions.4) As specified in the Horizontal Measures

- Financial Lease Services (CPC 81120)

1)

None

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures.

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures.

- Factoring Services (CPC 8113)

1)

Unbound except for international factoring

transaction.2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Credit Card Business (Issuer and Agent of Credit Card)

(CPC 8113)

1)

None

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Consumers Finance Services (CPC 8113)

1)

None

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Securities Business- Trading for own account or for account of

customers, on an exchange or over-the counter market

- Listed shares- Bonds

1)

Unbound

2)

None

3)

Through establishment of a securities broker/dealer.

4)

Unbound except as indicated in the Horizontal Measures

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Participation in issues of securities, including underwriting and placement as agent (whether publicly or privately), and provision of services related to such issues

1)

Unbound

2)

None

3)

Through establishment of a securities underwriter company.

4)

Unbound except as indicated in the Horizontal Measures

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Portfolio management, all forms of collective investment management

1)

Unbound

2)

None

3)

Through establishment of an investment management company.

4)

Unbound except for directors.

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Asset Management limited only to investment fund management

1)

Unbound

2)

None

3)

Through establishment of an investment management company.

4)

Unbound except for directors.

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Investment Advisory Services limited only to investment advisory in capital market

1)

Unbound

2)

None

3)

Through establishment of an investment management company.

4)

Unbound except for directors.

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Banking Sub-sector : General Conditions on Banking Sub-sector.1. All Market Access and National Treatment limitation specified in the banking sub-sector will be eliminated by the year 2020 subject to similar commitment by other

members.2. With the exception of the existing branches of foreign banks, foreign services provider shall be in the form of joint venture bank locally incorporated in with the following

requirements:(a) Unbound for new license(b) Only bank institutions are permitted to establish joint venture banks.

3. The share ownership of foreign services supplier in the joint venture bank is bound at prevailing laws and regulation. The conditions of ownership and the percentage share of ownership as stipulated in the respective shareholder agreement establishing the existing individual joint venture bank shall be respected as the basis of ownership of the foreign service provider(s) and their Indonesian partner(s). No transfer of ownership shall take place without the consent of all parties in the joint venture bank concerned.

4. Acquisition of local existing banks is allowed through the purchase of up to 49% of the shares of locally incorporated bank listed in the stock exchange.5. Limitation on national treatment in terms of difference in paid up capital requirement will be eliminated in the year 1998.6. Foreign bank and joint ventures bank may open their offices in the cities of , , , , , Makasar, Denpasar , and , 7. With respect to the presence of natural persons no economic needs test will apply. A non Indonesian employed as manager or as technical expert shall have at least two

Indonesian under studies during his/her term.8. In addition to the Horizontal Measures, temporary entry will be granted to technical expert(s)/advisor(s) of branch office of the foreign bank and joint venture bank for no

longer than 3 (three) months per person for any given year.9. Limitation on national treatment in terms of taxation which is specified in Horizontal Measures is not applied on the Banking Sub-sector.

Commercial Banking Business

(i) Acceptance of deposits and other repayable funds from the public

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(ii) Lending of all types, including consumer credit, mortgage, credit, factoring, and financing of commercial transaction

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(iii) All payment and money transmission services including credit, charge and debit cards, travellers cheques and bankers drafts

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(iv) Guarantees and Commitments 1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(v) Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

- Money market instruments (including cheques, bills, certificates of deposits)

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

- Foreign Exchange 1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

- Exchange rate and interest rate instruments, including products such as swaps, forward rate agreements

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

- Transferable securities issued in the money market

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(vi) Cash management, custodial and depository services

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

Modes of supply:

(1)

Cross-border supply

(2)

Consumption abroad

(3) Commercial presence (4) Presence of natural persons

Sector or subsector Limitations on marke

t access

Limitations on national treatment Additional commitments

I. HORIZONTAL COMMITMENTS

ALL SECTORS INCLUDED IN THIS SCHEDULE

1), 2) As specified in each sector

1), 2) As specified in each sector

3)

Commercial Presence of the foreign service provider(s) may be in the form of joint venture and/or representative office, unless mentioned otherwise.

Joint venture should meet the following requirements:

3) The Income Tax Law provides that non-resident taxpayers will be subject to withholding tax of 20% if they derive the following income from Indonesian source:(a) interest(b) royalties(c) dividend(d) fee from service performed in

(i)

should be in the form of Limited Liability

Enterprise (Perseroan Terbatas/PT),

(ii)

not more than 49% of the capital share of

the Limited Liability Enterprise

(Perseroan Terbatas/PT), may be owned

by foreign partner(s).

Land AcquisitionUndang-Undang Pokok Agraria (Land Law) No. 5 of 1960 stipulates that no foreigners (juridical and natural persons) are allowed to own land. However, a joint venture enterprise could hold the right for land use (Hak Guna Usaha) and building rights (Hak Guna Bangunan), and they may rent/lease land and property.

Any juridical and natural persons should meet professional qualification requirements.

4)

Subject to Indonesian Labour and Immigration Laws and Regulations, only directors, managers and technical experts/advisors, unless mentioned otherwise, are allowed with a maximum stay of two years subject to one year extension. Manager and technical experts (intra corporate transfer) are allowed based on an economic needs test.

4) Expatriate ChargesAny foreign natural persons supplying services are subject to charges levied by National. Provincial, and Municipal Governments Labour Laws and Regulations. Any expatriate employed by a joint-venture enterprise, representatives office, and/or other types of juridical person and/or an individual services provider must hold a valid working permit issued by the Ministry of Manpower

Immigration Laws and Regulations.Any expatriate must meet immigration requirements and procedures to enter the territory of the .

Definitions:"Director": One or a group of persons entrusted by the shareholders of a services providing entity with the final overall control and direction of the enterprise, and legally responsible to act on behalf of the enterprises inside and/or outside of the court."Manager": Senior employee of a service supplier who primarily directs the management of the organization, receiving general supervision or direction principally from the board of directors of the business, including directing the service supplier or a department or sub-division thereof, supervising or controlling the work of other supervisory, professional or managerial employee or having the authority to hire or fire or recommend such or other personnel actions."Technical Expert/Advisor": Person employed by a service supplier who possesses a standard of high or common (i) qualifications referring to a type of work or trade requiring specific technical knowledge or (ii) knowledge essential or proprietal to the service, research equipment, techniques or management."Joint Operation": A joint operation is an undertaking between one or several foreign and Indonesian enterprises of temporary nature, to handle one or several project/businesses without establishing a new statutory body according to Indonesian laws"Joint venture ": A joint venture enterprise is a legal entity organized under Indonesian law and having its domicile in , in the form of cooperation between foreign capital and Indonesian ( national) capital."Contract Management": Contract management is a contract organized under Indonesian law in the form of cooperation on management of temporary nature between Indonesian (national) capital and foreign capital.

II SECTOR-SPECIFIC COMMITMENTS

1. BUSINESS SERVICES

A. Professional Services

- Architectural Services (CPC 8671)

1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A. 4) As specified in the Horizontal Measures

- Engineering Service(CPC 8672 - except CPC 86721-86725-86726)

1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

- Advisory and Consultative (CPC 86721)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Engineering design services for industrial processes and production (CPC 86725)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Integrated Engineering Services (CPC 8673)

1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

- Urban Planning Services (CPC 86742) 1)

Unbound2)

None3)

(a)

Joint operation

To form a joint operation by establishing

a representative office

(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4)

As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint operation :1. Registration fee requirement2. Licence for representative office shall be valid for

3 years and can be extended3. Registered foreign company shall form a joint

operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint venture shall be

member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

B. Computer and Related Services

- Consultancy Servicesrelated to the installation of computer hardware(CPC 841)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Softwareimplementation Services (CPC 842)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

C. Research and Development Services

- Interdisciplinary R & D (CPC 853, limited to industrial activities)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

D. Other Business Services

- Project management services other than for construction

(CPC 86601)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Technical Testing and Analysis Services

(CPC 8676)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Services incidental of manufacturing (CPC 884 & 885)

1)

Unbound for government funded project

2)

Unbound for government funded project

3)

Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in joint operation must

be member of Indonesian Consultant Association4) As specified in the Horizontal Measures

- Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633+8861+8866)

1)

Unbound for government funded project

2)

Unbound for government funded project

3) Joint operation through a representative office in

4)

Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in a joint operation must

be member of the Indonesian Consultant Association.

4) As specified in the Horizontal Measures

FINANCIAL SERVICESGeneral condition on Non Banking Financial Services Sub-sector :

1) All market access and national treatment limitations specified in the Non Banking Financial Services Sub-sectors will be eliminated by the year 2020 subject to similar commitment by other members.

2) The share ownership of foreign services suppliers is bound at the prevailing laws and regulations. The conditions of ownership and the percentage share of ownership as stipulated in the respective shareholder agreement establishing the existing individual joint venture in non banking financial services shall be respected. No transfer of ownership shall take place without the consent of all parties in the joint venture concerned.

3) Limitation on national treatment in terms of taxation which is specified in the Horizontal Measures is not applied on the Non Banking Financial Services Sub-sector.4) In addition to the Horizontal Measures, temporary entry will be granted to technical expert(s)/advisor(s) for no longer than 3 (three) months per person for any given

year. 5) Share of non-bank financial companies listed in the stock exchange may be 100% owned by foreign investors.6) In relation to the presence of natural person, only directors, managers, and experts/advisors can be assumed by expatriates with maximum stay of 3 (three) years and

can be extended.7) All joint venture companies shall provide training for their employees.

8) Limitation on national treatment in terms of difference in paid up capital requirement will be eliminated in the year 1998.

- Non-Life Insurance Services (CPC 8129)

1)

Unbound2)

Unbound except if:

(a) There is no insurance company in , either individually or group, which could handle the insurance risks of the object in question.

(b) There is no insurance company in which want to carry out an insurance coverage of the object in question.

(c) The owners of insurance objects in question are not Indonesian citizens or Indonesian legal entities.

3)

As specified in the Horizontal Measures

and General Conditions.4)

Unbound except for director and technical

advisor/expert.

1) Unbound2) Unbound3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Reinsurance Services 1)

Reinsurance service suppliers from other

Members must be rated minimum as BBB by

Standard and Poor or equivalent.2)

Reinsurance service suppliers from other

Members must be rated minimum as BBB by

Standard and Poor or equivalent.3)

As specified in the Horizontal Measures

and General Conditions.4)

Unbound except for director and technical

advisor/expert.

1) None2) Unbound3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Life Insurance Services (CPC 8121)

1)

Unbound

2)

Unbound except if:

(a)

There is no insurance company in

, either individually or group,

which could handle the insurance risks of

the object in question.

(b)

There is no insurance company in

which wants to carry out an

insurance coverage of the object in

question.

(c)

The owners of insurance objects in

question are not Indonesian citizens or

Indonesian legal entities.

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except for director and technical advisor/expert.

1) Unbound2) Unbound3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Insurance Brokerage Services (CPC 8140) 1)

Unbound2)

None3)

As specified in the Horizontal Measures and

General Conditions.4)

Unbound except for director and technical

advisor/expert.

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures.

- Reinsurance Brokerage Services (CPC 8140)

1)

Unbound

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except for director and technical advisor/expert.

1) None2) NoneAs specified in the General Conditions.4) As specified in the Horizontal Measures

- Financial Lease Services (CPC 81120)

1)

None

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures.

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures.

- Factoring Services (CPC 8113)

1)

Unbound except for international factoring

transaction.2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Credit Card Business (Issuer and Agent of Credit Card)

(CPC 8113)

1)

None

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

- Consumers Finance Services (CPC 8113)

1)

None

2)

None

3)

As specified in the Horizontal Measures and General Conditions.

4)

Unbound except as indicated in the Horizontal Measures

1) None2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Securities Business- Trading for own account or for account of

customers, on an exchange or over-the counter market

- Listed shares- Bonds

1)

Unbound

2)

None

3)

Through establishment of a securities broker/dealer.

4)

Unbound except as indicated in the Horizontal Measures

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Participation in issues of securities, including underwriting and placement as agent (whether publicly or privately), and provision of services related to such issues

1)

Unbound

2)

None

3)

Through establishment of a securities underwriter company.

4)

Unbound except as indicated in the Horizontal Measures

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Portfolio management, all forms of collective investment management

1)

Unbound

2)

None

3)

Through establishment of an investment management company.

4)

Unbound except for directors.

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Asset Management limited only to investment fund management

1)

Unbound

2)

None

3)

Through establishment of an investment management company.

4)

Unbound except for directors.

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Investment Advisory Services limited only to investment advisory in capital market

1)

Unbound

2)

None

3)

Through establishment of an investment management company.

4)

Unbound except for directors.

1) Unbound2) None3) As specified in the General Conditions.4) As specified in the Horizontal Measures

Banking Sub-sector : General Conditions on Banking Sub-sector.1. All Market Access and National Treatment limitation specified in the banking sub-sector will be eliminated by the year 2020 subject to similar commitment by other

members.2. With the exception of the existing branches of foreign banks, foreign services provider shall be in the form of joint venture bank locally incorporated in with the following

requirements:(a) Unbound for new license(b) Only bank institutions are permitted to establish joint venture banks.

3. The share ownership of foreign services supplier in the joint venture bank is bound at prevailing laws and regulation. The conditions of ownership and the percentage share of ownership as stipulated in the respective shareholder agreement establishing the existing individual joint venture bank shall be respected as the basis of ownership of the foreign service provider(s) and their Indonesian partner(s). No transfer of ownership shall take place without the consent of all parties in the joint venture bank concerned.

4. Acquisition of local existing banks is allowed through the purchase of up to 49% of the shares of locally incorporated bank listed in the stock exchange.5. Limitation on national treatment in terms of difference in paid up capital requirement will be eliminated in the year 1998.6. Foreign bank and joint ventures bank may open their offices in the cities of , , , , , Makasar, Denpasar , and , 7. With respect to the presence of natural persons no economic needs test will apply. A non Indonesian employed as manager or as technical expert shall have at least two

Indonesian under studies during his/her term.8. In addition to the Horizontal Measures, temporary entry will be granted to technical expert(s)/advisor(s) of branch office of the foreign bank and joint venture bank for no

longer than 3 (three) months per person for any given year.9. Limitation on national treatment in terms of taxation which is specified in Horizontal Measures is not applied on the Banking Sub-sector.

Commercial Banking Business

(i) Acceptance of deposits and other repayable funds from the public

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(ii) Lending of all types, including consumer credit, mortgage, credit, factoring, and financing of commercial transaction

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(iii) All payment and money transmission services including credit, charge and debit cards, travellers cheques and bankers drafts

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(iv) Guarantees and Commitments 1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(v) Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following:

- Money market instruments (including cheques, bills, certificates of deposits)

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

- Foreign Exchange 1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

- Exchange rate and interest rate instruments, including products such as swaps, forward rate agreements

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

- Transferable securities issued in the money market

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

(vi) Cash management, custodial and depository services

1)

None

2)

None

3)

(a)

Bound only 1 (one) sub-branches and 1 (one) auxiliary offices for

foreign bank's branch office.

(b)

Bound only 1 (one) branches and

1 (one) sub-branches for joint venture bank.

4)

Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

1) None2) None3) (a) For foreign bank branch, only

executive position can be assumed by expatriates with limitation that at least one of them shall be Indonesian national.(b) For the joint venture bank, only for the director can be assumed by the expatriates in proportion to the ownership sharing.

4) Unbound except as indicated in the Horizontal Measures and General Conditions on Banking Sub-sector.

INDONESIA SCHEDULE OF SPECIFIC COMMITMENTS

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons

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Sector or subsector

Limitations on market access

Limitations on national treatment

Additional commitments

- Engineering Service(CPC 8672 - except CPC 86721-86725-86726)

1) Unbound2) None3) (a) Joint

operation To form a

joint operation by establishing a representative office(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4) As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint

operation :1. Registration fee requirement2. Licence for representative

office shall be valid for 3 years and can be extended

3. Registered foreign company shall form a joint operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :Local partner(s) in joint

venture shall be member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

- Advisory and Consultative (CPC 86721)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

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Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

- Engineering design services for industrial processes and production (CPC 86725)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

- Integrated Engineering Services (CPC 8673)

1) Unbound2) None3) (a) Joint

operation To form a

joint operation by establishing a representative office (b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law4) As specified in the

Horizontal Measures

1) Unbound2) Unbound3) (a) Joint

operation :1. Registration fee requirement2. Licence for representative

office shall be valid for 3 years and can be extended

3. Registered foreign company shall form a joint operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :

Local partner(s) in joint venture shall be member(s) of the Indonesian Consultant Association and having qualification A.

4) As specified in the Horizontal Measures

Page 23: Jasa bisnis & distribusi( 2)

Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

- Urban Planning Services (CPC

86742)1) Unbound2) None3) (a) Joint

operation To form a

joint operation by establishing

a representative office(b) Joint venture

To establish a joint venture company by fulfilling the requirements as specified in the Horizontal Measures and the Foreign Capital Investment Law

4) As specified in the Horizontal Measures

1) Unbound2) Unbound3) (a) Joint

operation :1. Registration fee

requirement2. Licence for representative

office shall be valid for 3 years and can be extended

3. Registered foreign company shall form a joint operation with local partner(s) which is (are) member(s) of the Indonesian Consultant Association having qualification A

(b) Joint venture :

Local partner(s) in joint venture shall be member(s) of the Indonesian Consultant

Association and having qualification A. 4) As specified in the Horizontal

Measures

Page 24: Jasa bisnis & distribusi( 2)

Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

B. Computer and Related Services

- Consultancy Servicesrelated to the installation of computer hardware(CPC 841)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

- Softwareimplementation Services (CPC 842)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

C. Research and Development Services

- Interdisciplinary R & D (CPC 853, limited to industrial activities)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

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Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

D. Other Business Services

- Project management Services other than for construction (CPC 86601)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

- Technical Testing and Analysis Services

(CPC 8676)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

- Services incidental of manufacturing (CPC 884 & 885)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

joint operation must be member of Indonesian Consultant Association

4) As specified in the Horizontal Measures

- Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633+8861+8866)

1) Unbound for government funded project

2) Unbound for government funded project

3) Joint operation through a representative office in

4) Unbound except for director and technical expert

1) Unbound2) Unbound3) The Indonesian participant in

a joint operation must be member of the Indonesian Consultant Association.

4) As specified in the Horizontal Measures

Page 26: Jasa bisnis & distribusi( 2)

Forum Kerjasama Regional

For the 8th Package of Commitments under ASEAN Framework Agreement on Services

( AFAS - 8 )

Schedule of Specific CommitmentsINDONESIA

( Daftar terlampir )

Page 27: Jasa bisnis & distribusi( 2)

Sektor Perdagangan Jasa Bisnis

No Classification Central Product Classifications (CPC)

1 Professional Services; - Legal Services (Advisory services in home country law, and international law) – (CPC 861)

2 Computer and Related Services;

3Research and Development Services;

4 Real Estate Services; -

5Rental/Leasing Services (Without Operators);

-

6 Other

Page 28: Jasa bisnis & distribusi( 2)

Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

BUSINESS SERVICES

A. Professional ServicesLegal Services (Advisory services in home country law, and international law) - (CPC 861)

(1). None(2) None(3) Unbound(4) Unbound

The number of foreign lawyers in Indonesia law firm must not exceed 20 percent of the total employee and shall be limited to five foreign lawyers (advocate) per firm

(1). None(2). None(3). Unbound(4). Unbound

The foreign lawyers (advocate) are only allowed to work as employees or experts in Indonesia law firm  The foreign lawyers are prohibited to provide services in both capacities as employees and partners of Indonesia Law Firm, or representative of foreign law firm, foreign company or Indonesian company)

INDONESIA SCHEDULE OF SPECIFIC COMMITMENTS

Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons

For the 8th Package of Commitments under ASEAN Framework Agreement on Services

Page 29: Jasa bisnis & distribusi( 2)

Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

Page 30: Jasa bisnis & distribusi( 2)

Sector or subsector

Limitations on market access

Limitations on national

treatment

Additional commitments

Page 31: Jasa bisnis & distribusi( 2)

Pada Forum APEC, kegiatan dan pembahasan di bidang jasa mengacu pada kesepakatan (AELM) - APEC Economic Leaders’ Meeting ke-17, tahun 2009 di Singapura, yaitu :

1. APEC Principles for Cross-border Trade in Services

2. APEC Services Action Plan Pembahasan isu jasa di APEC dilakukan oleh salah satu

Sub fora Committee on Trade in Investment (CTI), yaitu: Group on Services (GOS)

Terakhir, GOS diadakan pada bulan Mei 2010 di Sapporo, Jepang

Perundingan Perdagangan Jasa di Forum APEC

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Forum Kerjasama Bilateral

(IJ-EPA)

Indonesia – Jepang Economic Partnership Agreement

Page 35: Jasa bisnis & distribusi( 2)

Sektor Perdagangan Jasa Bisnis

No Classification Central Product Classifications (CPC)

1 Professional Services; - Legal Services (Advisory services in home country law, and international law) – (CPC 861)

2 Computer and Related Services;

3Research and Development Services;

4 Real Estate Services; -

5Rental/Leasing Services (Without Operators);

-

6 Other

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Komitmen Indonesia di berbagai Forum

Untuk Sektor Distribusi

Page 39: Jasa bisnis & distribusi( 2)

Perkembangan Sektor Perdagangan

Jasa Distribusi

Page 40: Jasa bisnis & distribusi( 2)

1. Commission agents’ Services;2. Wholesale trade Services;3. Retailing Services;4. Franchising Services;5. Other Services;

Distributions Services

Page 41: Jasa bisnis & distribusi( 2)

Sektor yang termasuk Perdagangan Jasa Distribusi

No ClassificationCPC

( Central Product Classifications )

1 Commission agents’ Services;

2 Wholesale trade Services;

3 Retailing Services;

4 Franchising Services;

5 Other Services;

Page 42: Jasa bisnis & distribusi( 2)

(CPC) => Central Product Classification (SSCL) => Services Sectoral Classification List (CTFS) => Committee on Trade in Financial Services (MSC) => Ministerial Signalling Conference (MRA) => Mutual Recognition Agreement (ENT) => Economic Needs Test (WPDR) => Working Party on Domestic Regulation (DDR) => Discipline on Domestic Regulation (FEP) => Foreign Equity Participation (LTSSWG) => Logistic and Transport Services Sectoral Working Group (ACPECC) => ASEAN Chartered Professional Engineers Coordinating Committee (AAC) => ASEAN Architects Council (AJCCM) => ASEAN Joint Coordinating CCoordinating Committee on Nursing (AJCCD) => ASEAN Joint Coordinating Committee ommittee on Medical Practitioners (AJCCN) => ASEAN Joint on Dental Practitioners (CCS) => Coordinating Committee on Services (CSC), …. (ENT) => Economic Needs Test (CTS), ….

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