ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/IDN 
24 de enero de 2003 
 (03-0465) 
Comercio de Servicios Original:   inglés 
   
INDONESIA 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene el proyecto de Lista refundida de Compromisos Específicos 
de Indonesia, en formato Word.  Este documen to no sustituye los compromisos jurídicamente 
vinculantes contraídos por Indonesia en su Li sta de Compromisos Específicos (GATS/SC/43;  
GATS/SC/43/Suppl.2;  GATS/SC/43/Suppl.3).  
 Adjunto al proyecto de lista refundida figura la Lista refundida de Exenciones del Artículo II 
(NMF) de Indonesia (GATS/EL/43;  GATS/EL/43/Suppl.1) en formato Word.   Los proyectos de la Lista y de la Lista de Exenciones del trato NMF refundidas fueron preparados por la Secretaría, a petición de lo s Miembros, para facilitar el proceso de las 
negociaciones, incluida la presentación de ofertas iniciales. 
 
_______________ 
 
                                                           
1 Este documento se ha preparado, en inglés solament e, bajo la responsabilidad de la Secretaría y sin 
perjuicio de las posiciones de los Miembros ni de sus derechos y obligaciones en el marco de la OMC.  S/DCS/W/IDN 
Página 2 INDONESIA – SCHEDULE OF SPECIFIC COMMITMENTS 
 
Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent 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 Indonesia  
  (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 Acquisition 
 Undang-Undang Pokok Agraria (Land Law) 
No. 5 of 1960 stipulates that no foreigners 
(juridical and natural pe rsons) 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.    S/DCS/W/IDN
 Página 3Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 
 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 Charges 
 Any 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 pro cedures to enter the 
territory of the Republic of Indonesia 
  
 
Definitions: 
 
"Director":  One or a group of persons entrusted by the shareholders of a services providing entity with the final overall control and dire ction 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 or ganization, 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, super vising or controlling the work of other 
supervisory, professional or managerial employee or having the au thority to hire or fire or recommend such or other personnel a ctions. 
 
"Technical Expert/Advisor":  Person employed by a service supplier who possesses a standard of high or common (i) qualifications referring to a type of wor k or trade 
requiring specific technical knowle dge or (ii) knowledge essential or proprietal to the service, research equipment, techniques  or management. 
 
"Joint Operator":  A joint operation is an undertaking between one or several foreign and Indonesian enterprises of temporary nature, to handle o ne or several 
project/businesses without establishing a new statutory body according to Indonesian laws 
 
"Joint venture Enterprise":  A joint venture enterprise is a legal entity organized under Indonesian law and having its domicile in Indonesia, 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.   S/DCS/W/IDN 
Página 4 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
II- SECTOR-SPECIFIC COMMITMENTS 
 
 Telecommunication 
Services  
    
 All Subsectors 
   (i) Indonesia undertakes 
additional commitments as per 
reference paper 
attached 
(ii) The foreign service 
supplier must be a 
worldclass operator with extensive 
international 
experience. 
  
  
 (iii) Type approval 
mechanism is in place 
(iv) Basic 
telecommunication 
service tariff is 
decided by the 
government; 
 
Local service : 
 
- Public switched telephone 
service (CPC 7521) 
 
- Circuit switched public data 
network services 
 (CPC 7523**) 
 - Teleconferencing services 
(CPC 75292) 
 1) None 
2) None 
3) Local services are provided exclusively by PT 
Telkom and 5 regional joint operation scheme 
operators. 
 Type of legal entity required:  - Joint venture, 
 - Joint operation, or 
 - Contract management  Foreign equity participation is limited to 35 
per cent. 
4) Natural person for management and technical 
expert for a JVC is limited to 20 persons. 1) Unbound 
2) Unbound 
3) None  
 
  
 
  
 
4) As specified in horizontal measures  The period of exclusivity  
for  local services expires 
in 2011. The Government will conduct a review of 
policy with respect to 
whether to permit additional suppliers of 
such services upon the 
expiry of this period.    S/DCS/W/IDN
 Página 5Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Long distance : 
 - Public switched telephone 
service (CPC 7521) 
 - Circuit switched public data 
network services 
 (CPC 7523**)  
- Teleconferencing services 
(CPC 75292) 
 1) None 
2) None 3) Long distance services are provided by PT 
Telkom exclusively 
 Type of legal entity required:  - Joint venture 
 - Joint operation or 
 - Contract management  Foreign equity participation is limited to 35 
per cent. 
4) Natural person for management and technical 
expert for a JVC is limited to 20 persons. 
 1) Unbound 
2) Unbound 3) None 
 
  
 
  
 
4) As specified in horizontal measures  The period of exclusivity  
for long distance services expires in 2006.  The 
Government will conduct a 
review of policy with respect to whether to 
permit  additional 
suppliers of such services upon the expiry of this 
period. 
 
International : 
 - Public switched telephone 
service (CPC 7521) 
 - Circuit switched public data 
network services 
 (CPC 7523**) 
 
- Teleconferencing services 
(CPC 75292) 
 1) Only through networks of  PT Indosat and PT 
Satelindo. Callback is not permitted. 
2) Callback is not permitted. 
3) International services are provided exclusively 
by PT Indosat and PT Satelindo (duopoly). 
 Type of legal entity required: 
 - Joint venture 
 - Joint operation or 
 - Contract management 
 Foreign equity participation is limited to 35 
per cent. 
4) Natural person for management and technical 
expert  is limited to 20 persons. 
 1) Unbound 
  
2) Unbound 
3) None  
 
 
 
  
4) As specified in horizontal measures 
  The period of exclusivity  
for international  services expires in 2005.  The 
Government will conduct a  
review of policy with respect to whether to 
permit  additional 
suppliers of such services 
upon the expiry of this 
period.  
Packet-switched public data network services (CPC 7523**) 
 
- X. 25 - Frame relay 
- Local 
- Local distance - International 
 1) Only through networks of PT Indosat and PT 
Satelindo 
2) None 
3) Three service suppliers are now operating on a 
non-exclusive basis 
 Type of legal entity required: 
 - Joint venture or 
 - Joint operation   Foreign equity participation is limited to 35 
per cent. 
4) Natural person for management and technical 
expert is limited to 20 persons. 1) Unbound 
 2) Unbound 
3) None 
  
 
  
 
4) As specified in horizontal measures  
  S/DCS/W/IDN 
Página 6 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Telex services 
 1) Only through networks of  PT Indosat and PT 
Satelindo 
2) None 
3) Type of legal entity required: 
 - Joint venture or  - Joint operation  
 Foreign equity participation is limited to 35 
per cent. 
4) Natural person for management and technical 
expert limited to 20 persons. 
 1) Unbound 
 2) Unbound 
3) Foreign service supplier should be a worldclass 
operator. 
 
 
 4) As specified in horizontal measures. 
  
 
Telegraph services  1) Only through networks of PT Indosat and PT 
Satelindo 
2) None 
3) Type of legal entity required:  - Joint venture or 
 - Joint operation  
 Foreign equity participation is limited to 35 
per cent. 
4) Natural person for management and technical 
expert limited to 20 persons 
 1) Unbound 
 
2) Unbound 
3) Foreign service supplier should be a worldclass 
operator. 
 
  
4) As specified in horizontal measures. 
  
 
Domestic : 
Mobile cellular telephone  
services 
(CPC 75213)  1) None 
2) None 
3) Seven operators are now  providing 
service 
 Type of legal entity required: Joint venture  
 Foreign equity participation is limited to 35 
per cent 
4) Natural person for management and technical 
expert for a JVC is limited to 20 persons 1) Unbound 
2) Unbound 
3) None 
  
 
 4) As specified in horizontal measures. 
  
   S/DCS/W/IDN
 Página 7Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Domestic : 
Personal Mobile Cellular Communication Services 
 1) None 
2) None 3) New entry only through a joint venture with 
state-owned company 
 Foreign equity participation is limited to 35 
per cent 
4) Natural person for management and technical 
expert for a JVC is limited to 20 persons. 
 1) Unbound 
2) Unbound 3) None 
 
  
4) As specified in horizontal measures 
  
 
Internet Access Services 
 1) Until 2005, only through networks of PT 
Indosat and PT Satelindo for international 
access 
2) None 
3) More than 30 licences have been issued 
 Type of legal entity required:  - Joint venture or 
 - Joint operation  
 Foreign equity participation is limited to 35 
per cent. 
4) Natural person for management and technical 
expert limited to 20 persons 
 1) Unbound 
 
 2) Unbound 
3) None 
  
 
  
4) As specified in horizontal measures 
  
 
Domestic : 
Regional and National Paging  
Services 
(CPC 75291)  1) None 
2) None 
3) Currently there are 10 national operators and 
over 70 local operators.  
 Type of legal entity required 
 - Joint venture or 
 - Joint operation   Foreign equity participation is limited to 35 
per cent 
4) Natural person for management and technical 
expert limited to 20 persons 1) Unbound 
2) Unbound 
3) None 
  
 
  
 
4) As specified in horizontal measures   
  S/DCS/W/IDN 
Página 8 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Domestic : 
Public payphone services  1) None 
2) None 3) Provision and management of terminal 
equipment for public payphone services are 
now carried out by several local companies. 
 Type of legal entity required: 
 - Joint venture, 
 - Joint operation, or  - Contract management  
 Foreign equity participation is  limited to 35 
per cent. 1) Unbound 
2) Unbound 3) None 
 
  
 
  
 
 - Division of revenue 
between the payphone operator and PT 
Telkom is determined 
by the government 
 
 4)  Natural person for management and technical 
expert limited to 20 persons 
 4) As specified in horizontal measures  
 Voice mail service 
 (CPC 7523) 
 1) None 
2) None 
3) Access granted for five foreign service 
provider companies, in addition to existing companies 
 
4) Unbound except for director and technical 
expert 
 1) None 
2) None 
3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service suppliers.  This measure will be eliminated in 
the year 2020. 
4) As specified in the Horizontal  Measures 
  
 
 Electronic mail services 
 (CPC 75232) 
 1) None 
2) None 
3) Access granted for five foreign service 
provider companies, in addition to existing 
companies 
 4) Unbound except for director and technical 
expert 1) None 
2) None 
3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service 
suppliers.  This measure will be eliminated in 
the year 2020. 
4) As specified in th e Horizontal Measures 
  
 
 Computer time sharing 
services (CPC 84330) 
 1) None 
2) None 
3) Access granted for five foreign service 
provider companies, in addition to existing companies 
 
4) Unbound except for director and technical 
expert 1) None 
2) None 
3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service suppliers.  This measure will be eliminated in 
the year 2020. 
4) As specified in th e Horizontal Measures 
  
   S/DCS/W/IDN
 Página 9Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Videotex services 
 (CPC 75229)  1) None 
2) None 3) Access granted for five foreign service 
provider companies, in addition to existing 
companies 
 
4) Unbound except for director and technical 
expert 
 1) None 
2) None 3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service 
suppliers.  This measure will be eliminated in the year 2020. 
4) As specified in th e Horizontal Measures 
  
 
 Electronic mail box 
 (CPC 75232) 
 1) None 
2) None 
3) Access granted for five foreign service 
provider companies, in addition to existing 
companies 
 4) Unbound except for director and technical  
expert 
 1) None 
2) None 
3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service 
suppliers.  This measure will be eliminated in 
the year 2020. 
4) As specified in th e Horizontal Measures 
  
 
 File transfer services  (CPC 75299) 
 1) None 
2) None 
3) Access granted for five foreign service 
provider companies, in addition to existing 
companies 
 
4) Unbound except for director and technical 
expert 1) None 
2) None 
3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service 
suppliers.  This measure will be eliminated in the year 2020. 
4) As specified in th e Horizontal Measures  
 
- Home telemetering alarm 
(CPC 75299) 
 1) None 
2) None 
3) Access granted for five foreign service 
provider companies, in addition to existing 
companies 
 4) Unbound except for director and technical 
expert. 1) None 
2) None 
3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service 
suppliers.  This measure will be eliminated in 
the year 2020. 
4) As specified in th e Horizontal Measures.  
  S/DCS/W/IDN 
Página 10 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
- Entertainment services 
 (CPC 75299)  1) None 
2) None 3) Access granted for five foreign service 
provider companies, in addition to existing 
companies 
 
4) Unbound except for director and technical  
expert 
 1) None 
2) None 3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service 
suppliers.  This measure will be eliminated in the year 2020. 
4) As specified in th e Horizontal Measures 
  
 
- Management information 
services (CPC 75299) 
 1) None 
2) None 
3) Access granted for five foreign service 
provider companies, in addition to existing 
companies 
 4) Unbound except for director and technical 
expert 
 1) None 
2) None 
3) Higher paid-up capital is required of foreign 
service suppliers than of domestic service 
suppliers.  This measure will be eliminated in 
the year 2020. 
4) As specified in th e Horizontal Measures 
 
  
 
 Industrial Services  
    
 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 Indonesia 
 
4) Unbound except for director and technical 
expert 
 1) Unbound 
2) Unbound 
3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant 
Association 
4) As specified in th e 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 Indonesia 
 
4) Unbound except for director and technical 
expert 1) Unbound 
2) Unbound 
3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant Association 
4) As specified in th e Horizontal Measures  
   S/DCS/W/IDN
 Página 11Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 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 Indonesia 
 4) Unbound except for director and technical 
expert 
 1) Unbound 
2) Unbound 3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant 
Association 
4) As specified in the Horizontal Measures 
 
  
 
 Consultancy Services 
related 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 Indonesia 
 
4) Unbound except for director and technical 
expert 
 1) Unbound 
2) Unbound 
3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant Association 
4) As specified in th e Horizontal Measures 
  
 
 Software implementation 
Services (CPC 842) 
 1) Unbound for government funded project 
2) Unbound for government funded project 3) Joint operation through a representative office 
in Indonesia 
 
4) Unbound except for director and technical 
expert 
 1) Unbound 
2) Unbound 3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant 
Association 
4) As specified in th e Horizontal Measures 
  
 
 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 Indonesia 
 4) Unbound except for director and technical 
expert 
 1) Unbound 
2) Unbound 3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant 
Association 
4) As specified in th e 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 Indonesia 
 
4) Unbound except for director and technical 
expert 1) Unbound 
2) Unbound 
3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant 
Association 
4) As specified in th e Horizontal Measures 
  
  S/DCS/W/IDN 
Página 12 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 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 Indonesia 
 4) Unbound except for director and technical 
expert 
 1) Unbound 
2) Unbound 3) The Indonesian participant in joint operation 
must be member of Indonesian Consultant 
Association 
4) As specified in th e 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 Indonesia 
 
4) Unbound except for director and technical 
expert 
 1) Unbound 
2) Unbound 
3) The Indonesian participant in a joint operation 
must be member of the Indonesian Consultant Association. 
4) As specified in th e Horizontal Measures 
   
 
 Architectural Services   (CPC 8671)  1) Unbound 
2) None 3) (a) Joint operation: 
  To form a joint operation by establishing 
 a representative office 
 
 1) Unbound 
2) Unbound 3) (a) Joint operation: 
  1. Registration fee requirement 
  2. 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   
 
  (b) Joint venture: 
  to establish a joint venture company by 
 fulfilling the requirements as specified in  the Horizontal Meas ures and the Foreign 
 Capital Investment Law  (b) Joint venture: 
  Local partner(s) in joint venture shall be 
 member(s) of the Indonesian Consultant  Association and having qualification A    S/DCS/W/IDN
 Página 13Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Engineering Service 
 (CPC 8672 - except CPC 
86721-86725-86726) 1) Unbound 
2) None 3) (a) Joint operation: 
  To form a joint operation by establishing 
 a representative office 1) Unbound 
2) Unbound 3) (a) Joint operation: 
  1. Registration fee requirement 
  2. Licence for representative office 
  shall be valid for 3 years and can 
  be extended  
  
  
 
  
 (b) Joint venture: 
  to establish a joint venture company by 
 fulfilling the requirements as specified in 
 the Horizontal Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures 
   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 th e Horizontal Measures 
  
 
 Integrated Engineering  
Services (CPC 8673) 
 1) Unbound 
2) None 
3) (a) Joint operation:  To form a joint operation by establishing a 
representative office 
  1) Unbound 
2) Unbound 
3) (a) Joint operation:   1. Registration fee requirement 
  2. 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: 
 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 th e Horizontal Measures  (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 th e Horizontal Measures   S/DCS/W/IDN 
Página 14 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Urban Planning Services 
 (CPC 86742)  1) Unbound 
2) None 3) (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 Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures 
 1) Unbound 
2) Unbound 3) (a) Joint operation: 
  1. Registration fee requirement 
  2. 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 th e Horizontal Measures 
  
 
- Pre-erection work at 
construction system  
 (CPC 511 except CPC 
51110 and 51113) 
 1) Unbound* 
2) None 
3) (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 Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures 1) Unbound* 
2) Unbound 
3) (a) Joint operation:   1. Registration fee requirement 
  2. 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 
  Contractors 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 th e Horizontal Measures    S/DCS/W/IDN
 Página 15Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Construction work for 
building 
 (CPC 512 except CPC 
51210) 1) Unbound* 
2) None 3) (a) Joint operation: 
  To form a joint operation by establishing 
 a representative office 1) Unbound* 
2) Unbound 3) (a) Joint operation: 
  1. Registration fee requirement. 
  2. Licence for representative office 
  shall be valid for 3 years and can 
  be extended  
 
 
   
  
 
  
 (b) Joint venture: 
  to establish a joint venture company by 
 fulfilling the requirements as specified in 
 the Horizontal Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures 
   3. Registered foreign company shall 
  form a joint operation with local   partner(s) which is (are)  
  member(s) of the Indonesian 
  Contractors Association having   qualification A 
 (b) Joint venture: 
  Local partner(s) in joint venture shall be 
 member(s) of the Indonesian Contractors 
 Association and having qualification A 
 4) As specified in th e Horizontal Measures 
  
 Construction work for civil 
engineering 
 (CPC 513)  1) Unbound* 
2) None 
3) (a) Joint operation:   To form a joint operation by establishing 
 a representative office 
 1) Unbound* 
2) Unbound 
3) (a) Joint operation:   1. Registration fee requirement 
  2. 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 
  Contractors Association having   qualification A  
  (b) Joint venture: 
  to establish a joint venture company by 
 fulfilling the requirements as specified in 
 the Horizontal Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures  (b) Join venture: 
  Local partner(s) in joint venture shall be 
 member(s) of the Indonesian Contractors 
 Association and having qualification A 
 4) As specified in th e Horizontal Measures   S/DCS/W/IDN 
Página 16 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Assembly and erection of  
prefabricated construction (CPC 514 - 5140) 
 1) Unbound* 
2) None 3) (a) Joint operation: 
  To form a joint operation by establishing 
 a representative office 
 1) Unbound* 
2) Unbound 3) (a) Joint operation: 
  1. Registration fee requirement 
  2. 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   Contractors Association having 
  qualification A  
  (b) Joint venture: 
  to establish a joint venture company by 
 fulfilling the requirements as specified in 
 the Horizontal Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures 
  (b) Joint venture: 
  Local partner(s) in joint venture shall be 
 member(s) of the Indonesian Contractors 
 Association and having qualification A 
 4) As specified in th e Horizontal Measures 
  
 Special trade construction 
work  
 (CPC 515 - 5155) 1) Unbound* 
2) None 
3) (a) Joint operation:   To form a joint operation by establishing 
 a representative office 
 1) Unbound* 
2) Unbound 
3) (a) Joint operation:   1. Registration fee requirement 
  2. 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 
  Contractors Association having   qualification A  
  (b) Joint venture: 
  To establish a joint venture company by 
 fulfilling the requirements as specified in 
 the Horizontal Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures  (b) Joint venture: 
  Local partner(s) in joint venture shall be 
 member(s) of the Indonesian Contractors 
 Association and having qualification A 
 4) As specified in th e Horizontal Measures    S/DCS/W/IDN
 Página 17Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 Renting Services related to 
equipment for construction or demolition of building or 
civil engineering works, 
with operator  
 (CPC 518) 
 1) Unbound* 
2) None 3) (a) Joint operation: 
  To form a joint operation by establishing 
 a representative office 
 1) Unbound* 
2) Unbound 3) (a) Joint operation: 
  1. Registration fee requirement  
  2. 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   Contractors Association having 
  qualification A  
  (b) Joint venture: 
  To establish a joint venture company by 
 fulfilling the requirements as specified in 
 the Horizontal Meas ures and the Foreign 
 Capital Investment Law 
4) As specified in th e Horizontal Measures 
  (b) Joint venture: 
  Local partner(s) in joint venture shall be 
 member(s) of the Indonesian Contractors 
 Association and having qualification A 
 4) As specified in th e Horizontal Measures 
  
 TRANSPORT SERVICES    
 
 Maritime Transport 
Services *) 
    
(a) International Passenger 
transport (CPC 7211) 
 1) None 
 
 
2) None 3) Foreign Shipping Companies may establish 
Owner's Representative**) 
4) (a) Joint venture:  As specified in the 
 Horizontal Measures 
 (b) Owner's Representative:  Unbound except 
 for manager 1) Foreign Shipping Company is obliged to 
appoint Indonesian Shipping Company as its 
General Agent***) 
2) None 3) As specified in th e Horizontal Measures 
 
4) As specified in th e Horizontal Measures 
 
 Access to and use of port  
facilities in the port which 
is opened for international 
shipping 
  S/DCS/W/IDN 
Página 18 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(b) International Freight 
transport (CPC 7212) 
 1) None 
  
 
2) None 3) Foreign Shipping Companies may establish 
Owner's Representative**) 
4) (a) Joint venture:  As specified in the 
 Horizontal Measures 
 (b) Owner's Representative:  Unbound except 
 for manager 
 1) (a) Foreign Shipping Company is obliged to 
 appoint Indonesian shipping company as its  general agent***) 
 (b) Government's cargo****) 
2) None 3) As specified in th e Horizontal Measures 
 
4) As specified in th e Horizontal Measures 
 
  
  
 Notes (Maritime) : 
 
*) 
 
**) 
 
 
  
***) 
 
 
  
 
  
 
 
****)  : 
 
 :  
 
  
 : 
 
 
  
 
  
 
  :  Passenger and Freight tran sportation excluding cabotage and auxiliary services 
 
 Owner`s Representative appointed by foreign shipping company has the following tasks:  a) to monitor his vessels during operational activities in Indonesian ports; 
 b) to supervise activities done by its General Agent in servicing of its vessels, calling in Indonesia; 
 c) to make direct contact with cargo owners.  
 The tasks of General Agent in Indonesia inter alia are as follows: 
 a) to make arrangement in order to get all necessary port serv ices as required by the foreign vessel concerned during their st ay in 
 Indonesia ports; 
 b) to appoint stevedoring company for cargo loading and unloading on behalf of its principal;  c) to arrange cargo booking and canvassing; 
 d) to collect freight on behalf of the principal; 
 e) to issue Bill of Lading on behalf of the principal;  f) to settle the disbursement and claim (if any); 
 g) to give information as required by its principal. 
  Government`s Cargo is cargo originated from the other countries (import cargoes) purchased by the Government Agencies or based  
on loan/credit agreement with the other countries.
   S/DCS/W/IDN
 Página 19Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 TOURISM SERVICES 
    
 Hotels2 1),2) None 
3) In eastern part of Indonesia, Kalimantan, 
 Bengkulu, Jambi and Sulawesi, 100 % of 
 capital share can be owned by foreign investor  
 
4) a) Unbound except for:   1. Top Management Level in Hotel 
   business comprised of: 
   i) General Manager    ii) Food and Beverage 
    Manager 
   iii) Resident Manager    iv) Comptroller 
   v) Marketing Director 
  2. Highly Skilled Professionals    comprised of: 
   i) Executive Chef 
   ii) Sous Chef 
   iii) Speciality Cook 
 1),2) None 
3) a) Higher paid-up capital is required of 
 foreign service suppliers than of domestic 
 service suppliers.  This measure will be  eliminated in the year 2020 
 b) Only 3, 4 or 5 starred hotels are permitted. 
4) As specified in th e Horizontal Measures  
B. Travel Agent and Tour 
Operator (TA & TO )  
 (CPC 74710)  1) None 
2) None 
3) Maximum service providers 30 TA & TO  
4) Unbound except for technical advisor 
 1) None 
2) None 
3) Tour operator must be  Travel Agent located in 
Jakarta and Bali 
4) As specified in th e Horizontal Measures 
  
 
 Tourist Resorts Include3 
  
 - Hotel  - Marinas 
 - Golf Courses and other 
 Sport facilities 
 1),2) None 
3) In eastern part of Indonesia, Kalimantan, 
Bengkulu, Jambi and Sulawesi, 100% of capital share can be owned by foreign investor 
 
 4) Unbound except for Resort Manager 1),2) None 
3) (a) Higher paid-up capital is required of 
 foreign service suppliers than of domestic  service suppliers.  This measure will be 
 eliminated in the year 2020. 
 (b) Only 3, 4 or 5 starred hotels are permitted 4) As specified in th e Horizontal Measures   
 
                                                           
2 Starred Hotel is a service business whic h provides accommodation and fo od and beverages facilities and other services, except casino and other activities prohibited by 
 law; against public moral, religion, security and public order.  S/DCS/W/IDN 
Página 20 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
FINANCIAL SERVICES: 
 General conditions on Non Banking Financial Services Subsector: 
 
1. All Market Access and National Treatment limitations specified in the Non Banking Financial Services Subsector will be elimi nated by the year 2020 subject to similar 
commitment by other Members. 
 
2. The share ownership of foreign services supplier is bound at  the prevailing laws and regulations.  The conditions of ownersh ip and the percentage share of ownership 
as stipulated in the respective shareholder agreement establishing the existing individual joint venture in non banking financi al 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 No n Banking Financial Services Subsector. 
 
4. In addition to the Horizontal Measures, temporary entry will be granted to technical expert (s)/adviser(s) fo r 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 persons, only directors, managers, and experts/advisors can be assumed by expatriates  with maximum stay of 3 years and can be 
extended. 
 
7. All joint venture companies shall provide training for their employee. 
 
8. Limitation on national treatment in terms of difference in paid  up capital requirement will be eliminated in the year 1998. 
 
                                                                                                                                                                                                                                                                                        
3 Tourist Resort is an area, built to accommodate the facilities need ed for the tourist such as hotels, marinas, golf courses, c ultural open stage and other 
 facilities, except casino and other activities prohibited by law;  against public moral, religion, security and public order. 
   S/DCS/W/IDN
 Página 21Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Non-Life Insurance Services  
(CPC 8129) 1) Unbound 
2) Unbound except if:  (a) There is no insurance company in 
 Indonesia, either individually or group, 
 which could handle the insurance risks of  the object in question. 1) Unbound 
2) Unbound   
  (b) There is no insurance company in 
 Indonesia 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. 
  
  
3) As specified in the General Conditions. 
 4) As specified in th e Horizontal Measures. 
 
  
Reinsurance Services 
 1) Reinsurance service supplier from other 
member must be rated minimum as BBB by 
Standard and Poor or equivalent. 
2) Reinsurance service supplier from other 
member 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) None 
 
 
2) Unbound 
  
3) As specified in the General Conditions. 
 4) As specified in th e Horizontal Measures. 
  
  S/DCS/W/IDN 
Página 22 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
Life Insurance Services 
(CPC 8121)  1) Unbound 
2) Unbound except if:  (a) There is no insurance company in 
 Indonesia, either individually or group, 
 which could handle the insurance risks of  the object in question. 
 (b) There is no insurance company in 
 Indonesia 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) Unbound 
 2) Unbound 
 
  
 
  
 
  
 
3) As specified in the General Conditions.  
4) As specified in th e Horizontal Measures. 
  
 
Insurance 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) None 
2) None 
3) As specified in the General Conditions. 
 
4) As specified in th e 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) None 
2) None 
3) As specified in the General Conditions. 
 4) As specified in th e 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) None 
2) None 
3) As specified in the General Conditions.  
4) As specified in th e Horizontal Measures. 
  
   S/DCS/W/IDN
 Página 23Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
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) Unbound 
 2) None 
3) As specified in the General Conditions. 
 4) As specified in th e 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) None 
2) None 
3) As specified in the General Conditions. 
 4) As specified in th e 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) None 
2) None 3) As specified in the General Conditions. 
 
4) As specified in th e 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) Unbound 
2) None 
3) As specified in the General Conditions.  
4) As specified in th e Horizontal Measures. 
  
  S/DCS/W/IDN 
Página 24 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
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) Unbound 
2) None 3) As specified in the General Conditions. 
 
4) As specified in th e 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) Unbound 
2) None 3) As specified in the General Conditions. 
 
4) As specified in th e 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) Unbound 
2) None 
3) As specified in the General Conditions. 
 4) As specified in th e 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) Unbound 
2) None 3) As specified in the General Conditions. 
 
4) As specified in th e Horizontal Measures.  
   S/DCS/W/IDN
 Página 25Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 
Banking Subsector: General Conditions on Banking Subsector.  
1. All Market Access and National Treatment limitation specified in  the banking subsector will be eliminated by the year 2020 s ubject 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 ventur e bank locally incorporat ed in Indonesia 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 ban k shall be respected as the basis of 
ownership of the fo reign service provider (s) and their Indonesian partne r(s). No transfer of owners hip 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 purcha se 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 Jakarta, Suraba ya, Semarang, Bandung, Medan, Uj un Pandang, Denpasar and Batam Island. 
 
7. With respect to the presence of natural persons no economic ne eds test will apply. A non Indonesian employed as manager or a s 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 o f 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 Bankin g Subsector. 
  S/DCS/W/IDN 
Página 26 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
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-branch and 1 
 (one) auxiliary offices for foreign bank's  branch office. 
 
 (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 
4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking 
Subsector. 
 1) None 
2) None 
3) (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 
Subsector. 
   
 
(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-branch and 1 
 (one) auxiliary offices for foreign bank's 
 branch office. 
 
 (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 
4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking 
Subsector. 1) None 
2) None 3) (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 
Subsector.  
   S/DCS/W/IDN
 Página 27Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(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-branch and 1 
 (one) auxiliary offices for foreign bank's 
 branch office. 
 
 (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 
4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking Subsector. 
 1) None 
2) None 3) (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 Subsector. 
  
 
(iv) Guarantees and 
Commitments 
 1) None 
2) None 3) (a) Bound only 1 (one) sub-branch and 1 
(one) auxiliary offices for foreign bank's 
branch office. 
 (b) Bound only 1 (one) branch and 1 (one) 
sub-branch for joint venture bank. 
 
 
4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking 
Subsector. 1) None 
2) None 3) (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 
Subsector.  
  S/DCS/W/IDN 
Página 28 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
(v) Trading for own account or 
for account of customers, whether on an exchange, in 
an over-the-counter market 
or otherwise, the following: 
 1) None 
2) None 3) (a) Bound only 1 (one) sub-branch and 1 
 (one) auxiliary offices for foreign bank's 
 branch office. 1) None 
2) None 3) (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.  
 - Money market 
 instruments (including 
 cheques, bills,  certificates of deposits)  (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking 
Subsector. 
  (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 
Subsector. 
  
 - Foreign Exchange 
 1) None 
2) None 3) (a) Bound only 1 (one) sub-branch and 1 
 (one) auxiliary offices for foreign bank's 
 branch office. 
 
 (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 
4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking 
Subsector. 
 1) None 
2) None 3) (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 
Subsector. 
  
 - 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-branch and 1 
 (one) auxiliary offices for foreign bank's 
 branch office. 
  (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking 
Subsector. 1) None 
2) None 
3) (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 
Subsector.  
   S/DCS/W/IDN
 Página 29Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on  National Treatm ent Additional Commitments 
 - Transferable securities 
 issued in the money  market 
 1) None 
2) None  
3) (a) Bound only 1 (one) sub-branch and 1 
 (one) auxiliary offices for foreign bank's  branch office. 
 (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 
4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking Subsector. 
 1) None 
2) None 3) (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 Subsector. 
  
(vi) Cash management, 
custodial and depository services 
 1) None 
2) None 3) (a) Bound only 1 (one) sub-branch and 1 
 (one) auxiliary offices for foreign bank's 
 branch office. 
 (b) Bound only 1 (one) branch and 1 (one) 
 sub-branch for joint venture bank. 
 
 
4) Unbound except as indicated in the Horizontal 
Measures and General Conditions on Banking 
Subsector. 1) None 
2) None 3) (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 
Subsector.  
 
 
_________________S/DCS/W/IDN 
Página 30 
ATTACHMENT TO THE REPUBLIC OF INDONESIA 
SCHEDULE ON BASIC TELECOMMUNICATIONS  
 
REFERENCE PAPER  
 
Scope  
 The following are definitions and principles on the regulatory framework for th e basic telecommunications 
services.    
Definitions
 
 Users
 mean service consumers and service suppliers.   
 Essential facilities
 mean facilities of a public telecommunica tions transport network or service that 
 
 (a) are exclusively or predominantly provided by a single or limited number of suppliers;  and 
  (b) cannot feasibly be economically or technica lly substituted in order to provide a service. 
 
A major supplier
 is a supplier which has the ability to material ly affect the terms of participation (having 
regard to price and supply) in the relevant market for basic telecommunications services as a result of: 
  (a) control over essential facilities;  or   (b) use of its position in the market. 
 
 1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or 
together, are a major supplier  from engaging in or continui ng anti-competitive practices. 
 1.2 Safeguards
 
 
 The anti-competitive practices referred to above shall include in particular: 
  (a) engaging in anti-competitive cross-subsidization;    (b) using information obtained from competitors with anti-competitive results;  and 
 
 (c) not making available to other servic es suppliers on a timely basis technical  information 
about essential facili ties and commercially relevant info rmation which are necessary for 
them to provide services.  
 
2. Interconnection
 
 2.1 This section applies to linking with suppliers  providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and  to access serv ices provided by another supplier, wher e specific commitments are undertaken. 
  S/DCS/W/IDN 
 Página 31 
 
 
2.2 Interconnection to be ensured  
  Interconnection with a major supplier will be ensu red at any technically feasible point in the 
network.  Such interc onnection is provided. 
 
 (a) under non-discriminatory terms, cond itions (including technical standards and 
specifications) and rates and of a quality no less  favourable than that provided for its own 
like services or for like services of non-affiliated service supplie rs or for its subsidiaries or 
other affiliates; 
 
 (b) in a timely fashion, on terms, conditions (including technical standards and specifications) 
and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so th at the supplier need not pay for network 
components or facilities that it does not requi re for the service to be provided;  and 
 
 (c) upon request, at points in addition to the ne twork termination points offered to the majority 
of users, subject to charges that reflect the cost of construction of necessary additional 
facilities. 
  
2.3 Public availability of the procedures for interconnection negotiations
 
  The procedures applicable for interconnection to a major supplier will be ma de publicly available. 
  2.4 Transparency of interconnection arrangements
 
 
 It is ensured that a major supp lier will make publicly available eith er its interconnection agreements 
or a reference inte rconnection offer. 
  
2.5 Interconnection:  dispute settlement
 
  A service supplier requesting in terconnection with a major supplie r will have recourse, either: 
  (a) at any time or  
 (b) after a reasonable period of time  which has been made publicly known 
 to an independent domestic body, which may be a regulatory authority as refe rred to in paragraph 5 below, to 
resolve disputes regarding appropria te terms, conditions a nd rates for interconnection within a reasonable 
period of time, to the extent that these have not been established previously. 
 
3. Universal service
 
  Any Member has the right to define the kind of uni versal service obligation it wishes to maintain.  
Such obligations will not be regarded as anti-competitive per se , provided they are administered in a 
transparent, non-discriminatory and competitively neutral manner and are not more burdensome than 
necessary for the kind of universal service defined by the Member.  S/DCS/W/IDN 
Página 32 
4. Public availability of licensing criteria  
  Where a licence is required, the following will be made publicly available:  
 (a) all the licensing criteria and the period  of time normally required to reach a decision 
concerning an application for a licence  and 
  (b) the terms and conditions of  individual licences. 
  The reasons for the denial of a licence w ill be made known to the applicant upon request. 
 
 5. Regulatory Authority
 
  The regulatory Authority is not accountable to, an y supplier of basic telecommunications services. 
The decisions of and the procedures used by regulato rs shall be impartial with respect to all market 
participants.   6. Allocation and use of scarce resources
 
 
 Any procedures for the allocation and use of scar ce resources, including frequencies, numbers and 
rights of way, will be carried out in an objective, timely and transparent manner. The current state of allocated frequency bands will be ma de publicly available, but detail ed identification of frequencies 
allocated for specific governm ent uses is not required. 
 
_________________ 
  
   S/DCS/W/IDN
 Página 33INDONESIA – LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
 
Sector or Subsector Description of measure 
indicating its inconsistency  
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
 Movement of 
Personnel (semi-skilled workers) 
 Low level occupations are 
reserved for Indonesian citizens.  Based on Government Policy, 
limited exemptions may be 
granted to citizens of certain countries. 
 Nationals of Malaysia, 
Singapore, Brunei Darussalam, Papua New Guinea and 
Australia have been granted 
limited access to low level occupations 
 Indefinite 
 Development of the region is being 
undertaken and for the confirmation of this programme, it is decided to 
grant limited access to low level 
occupations to citizens at a limited number of countries 
 
3. CONSTRUCTION 
SERVICES 
     
 Construction 
Services (government 
funded projects) 
 Measures relating to preferential 
shortlisting in international competitive bidding 
 Nationals of Brunei 
Darussalam, Malaysia, The Philippines, Singapore and 
Thailand have been granted 
special treatment 
 These measures shall be 
maintained as long as the treaties of Asean remain in 
force 
 The implementation of a 
preferential shortlisting scheme for Asean contractors enhances the 
advancement of civil works, 
industrial construction and the 
economic development of the 
Asean region   S/DCS/W/IDN 
Página 34 
Sector or Subsector Description of measure 
indicating its inconsistency  
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
7. FINANCIAL 
SERVICES 
     
 Banking Services 
 Measures relating to a 
joint-venture bank of national and 
foreign origin under which entry of a foreign bank in Indonesia is 
allowed on a reciprocity basis 
(pursuant to Articles 14(3) of the 
Ministry of Finance Decrees No.  
220/KMK.017/1993 dated 26 February 1993). 
 
With respect to joint-venture banks, licenses can only be 
granted to foreign banks of 
countries which adopt reciprocal policies regarding Indonesian 
banks. All countries which adopt 
reciprocal policies regarding 
Indonesian banks.  Suspended until the end of 
the period of 60 days 
beginning on 1 November 1997 as stipulated in the 
Second Decision on 
Financial Services adopted 
by the Council for Trade in 
Services on 21 July 1995.  To guarantee equal treatment to 
Indonesian nationals wishing to 
establish and operate banks abroad.  
 
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