Law No. 5 of 1990 concerning Conservation of Natural Resources and Its Ecosystems;

Government Regulation No. 6 of 2007 as amended by Government Regulation No. 3 of 2008 concerning Forest Administration and Compilation of Forest Management Planning and Utilisation of Forest;

Government Regulation No. 36 of 2010 concerning Natural Tourism Concession in the National Park Utilisation Zone, Grand Forest Park, Nature Tourism Park;

Government Regulation No. 8 of 1999 concerning Utilization of Plant and Wild Animal Species;

Presidential Regulation of the Republic of Indonesia No. 44 of 2016 concerning Lists of Business Fields that are Closed to Investment and Business Fields that are Conditionally Open for Investment; and

Government policy.

5. Sector: All Sectors

Sub-Sector:

Industry Classification:

Level of Government: Central and Regional

Type of Obligation: National Treatment (Article 7.4) Senior Management and Board of Directors (Article 7.9)

Description of Measure: Indonesia reserves the right to adopt or maintain any measure relating to the privatization, corporatization, commercialization or divestment of Government assets, entities or agencies, including:

(a) limitations on ownership of assets;

(b) transfer or disposal of equity interests or their assets;

(c) the right of foreign investors or their investments to control their assets; and

(d) nationality of the senior management or members of the board of directors.

For greater certainty:

(a) where Indonesia transfers an interest in an existing state enterprise to another state enterprise, such transfer shall not be considered to be an initial transfer or disposal of the interest for purposes of this entry; and

(b) where Indonesia transfers or disposes of an interest in an existing state enterprise in multiple phases, subparagraph (a) shall apply separately to each such phase.

Source of Measure: Law No. 19 of 2003 concerning State Owned Enterprises;

Law No. 40 of 2007 concerning Limited Liability Company; and

Government policy.

6. Sector: All Sectors

Sub-Sector:

Industry Classification:

Level of Government: Central and Regional

Type of Obligation: National Treatment (Article 7.4) Senior Management and Board of Directors (Article 7.9)

Description of Measure: Indonesia reserves the right to adopt or maintain any measures with respect to special preferences given for Small and Medium Enterprises and Cooperatives ("€˜Usaha Mikro, Kecil, Menengah dan Koperasi"€™ or UMKMK) in Indonesia (1)€™.

Source of Measure:

Law No. 20 of 2008 concerning Micro, Small and Medium Enterprises;

Law No. 25 of 1992 concerning Cooperatives; and

Government policy.

7. Sector: Fishery

Sub-Sector:

Industry Classification:

Level of Government: Central

Type of Obligation: National Treatment (Article 7.4)

Description of Measure: Indonesia reserves the right to adopt or maintain measures for the establishment and operation of foreign investment in the following sub-sectors:

a. Partnership requirement: Fish hatcheries and fish rearings: Sea Fish, Brackishwater Fish, Freshwater Fish (ISIC 0502)

b. Recommendation or specific requirements by relevant authorities: Cultivation of coral/ornamental coral reef (ISIC 0150)

Source of Measure:  Law No. 31 of 2004 as amended by Law No. 45 of 2009 concerning Fishery;

Law No. 5 of 1983 concerning Indonesia’s Exclusive Economic Zone;

Presidential Regulation of the Republic of Indonesia No. 44 of 2016 concerning Lists of Business Fields that are Closed to Investment and Business Fields that are Conditionally Open for Investment;

Minister of Marine Affairs and Fisheries Regulation No. PER.O5/MEN/2008 as amended by No. PER.12/MEN/2009 regarding Capture Fishery Business;

Minister of Marine Affairs and Fisheries

Regulation No. PER.12/MEN/2007 regarding Aquaculture Business Licensing;

Minister of Marine Affairs and Fisheries Regulation No. PER.05/MEN/2009 concerning Aquaculture Business Scale;

Minister of Forestry Decree No. 447/Kpts- 11/2003 concerning Procedures on Exploitation or Capturing and Distribution of Wild Plants and Animals; and

Government policy.

8. Sector: All Sectors

Sub-Sector:

Industry Classification:

Level of Government: Central

Type of Obligation: National Treatment (Article 7.4) Most-Favored Nation Treatment (Article 7.5) Performance Requirements (Article 7.8) Senior Management and Board of Directors (Article 7.9)

Description of Measure: Indonesia reserves the right to adopt or maintain any measure relating to sectors other than those recognized or that should have been recognized owing to the circumstances at the time of entry into force of Investment Chapter by the Government of Indonesia.

Any sector classified explicitly in ISIC Rev.3 at the date of entry into force of this Agreement should have been recognized by the Government of Indonesia at that time.

Source of Measure: Government policy.

9. Sector: All Sectors

Sub-Sector:

Industry Classification:

Level of Government: Central

Type of Obligation: National Treatment (Article 7.4) Senior Management and Board of Directors (Article 7.9)

Description of Measure: Indonesia reserves the right to maintain any existing measures with respect to foreign investors or investments that have been overlooked, provided that the measures involved are already in force at the date of entry into force of this Agreement. When an overlooked measure is identified, it will be promptly inserted into Annex 1 of Indonesia€'s Schedule.

If an overlooked measure referred to in paragraph 1 is identified, Indonesia will provide the other Party with details of the measure and the opportunity for consultations at least 90 days before including it in its Schedule.

Indonesia will not withdraw a right or benefit from an investor that has made an investment in accordance with its laws and regulations, through the addition of an overlooked measure to its Schedule.

Source of Measure: Government policy.

10. Sector : All Sectors

Sub-Sector: 

Industry Classification:

Level of Government : Regional

Type of Obligation : National Treatment (Article 7.4)

Description of Measure: National Treatment may not apply to measures relating to the procedural aspect of investment implementation licenses/permits (2) at the provincial level (3).

Source of Measure : Law No. 23 of 2014 concerning Local Government;

Provincial Regulations; and

Government policy.

11. Sector: Manufacturing, Agriculture, Fishery, Forestry

Sub-Sector:

Industry Classification:

Level of Government: Central

Type of Obligation: National Treatment (Article 7.4) Performance Requirements (Article 7.8) Senior Management and Board of Directors (Article 7.9)

Description of Measure: Indonesia reserves the right to adopt or maintain any measure to address a food security emergency as declared under relevant legislation and only for the duration of the declared food security emergency.

Source of Measure: Article 33 of the 1945 Constitution of the Republic of Indonesia;

Law No. 18 of 2012 concerning Foods;

Government Regulation No. 17 of 2015 concerning Food Security and Nutrition; and

Government policy.

12. Sector:  All Sectors

Sub-Sector: 

Industry Classification:

Level of Government: Central

Type of Obligation: National Treatment (Article 7.4) Most-Favored-Nation Treatment (Article 7.5) Performance Requirements (Article 7.8) Senior Management and Board of Directors (Article 7.9)

Description of Measure: Indonesia reserves the right to adopt or maintain any measure with respect to mode 3 of services.

Source of Measure: Government policy.

13. Sector: All Sectors

Sub-Sector:

Industry Classification:

Level of Government: Central and Regional

Type of Obligation: Most-Favored-Nation Treatment (Article 7.5)

Description of Measure: Indonesia reserves the right to adopt or maintain any measure related to more favorable treatment accorded to investors of a non-party and their investment resulting from:

a) any existing or future preferential agreement or arrangement between or among ASEAN Member States.

b) any existing agreement in force or signed prior to the date of entry into force of this Agreement; and

c) any international agreement in force or signed after the date of entry into force of this Agreement, involving:

i. aviation;

ii. fisheries; or

iii. maritime matters, including salvage.

Source of Measure: Government policy.

14. Sector: Manufacturing, Agriculture, Fishery, Forestry

Sub-Sector:

Industry Classification: 

Level of Government:  Central

Type of Obligation:  National Treatment (Article 7.4) Most-Favored-Nation (Article 7.5) Performance Requirements (Article 7.8) Senior Management and Board of Directors (Article 7.9)

Description of Measure:  Indonesia reserves the right to adopt or maintain any measures on the following line of business:

Cultivation of marijuana (ISIC 0111) Catching of fish species listed in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (ISIC 0500)

Lifting of valuable artifacts from shipwrecks (ISIC 6303)

Utilization (collection) of coral from nature for construction materials/lime/calcium, aquarium, and souvenirs/jewelry as well as living coral or dead coral (recently dead) coral from nature (ISIC 0500)

Chloral alkali making industry under mercury process (ISIC 2411)

Industry of pesticide active substances: Dichloro Diphenyl Trichloroethane (DDT), Aldrin, Endrin, Dieldrin, Chlordane, Heptachlor, Mirex, and Toxaphene (ISIC 2421)

Industrial chemical industry and Ozone Depleting Substances (BPO) Polychlorinated Biphenyl (PCB), Hexachlorobenzene and Carbon Tetrachloride (CTC), Mthyl Chloroform, Methyl Bromide, Trichloro Fluoro Methane (CFC-11), Dichloro Trifluoro Ethane (CFC-12), Trichloro Trifluoro Ethane (CFC-113), Dichloro Tetra Fluoro Ethane (CFC-114), Chloro Pentafluoro Ethane (CFC-115), Chloro Trifluoro Methane (CFC-13), Tetrachloro Difluoro Ethane (CFC-112), Pentachloro Fluoro Ethane (CFC-111), Chloro Heptafluoro Propane (CFC-217), Dichloro Hexafluoro Propane (CFC-216), Trichloro Pentafluoro Propane (CFC- 215), Tetrachloro Tetrafluoro Propane (CFC-214), Pentachloro _—‘ Trifluoro Propane (CFC-213), Hexchloro Difluoro Propane (CFC-211), Bromo Chloro Difluoro Methane (Halon-1211), Bromo Trifluoro Methane (Halon 1301), Dibromo Tetrafluoro Ethane (Halon- 2402), R-500, R502 (ISIC 2411) Industry of chemicals listed in Schedule I of the Chemical Weapons Convention as incorporated in Appendix I to Law No. 9 of 2008 concerning Use of Chemicals as Chemical Weapons (ISIC 2411)

Alcoholic hard liquor industry (ISIC 1551)

Alcoholic beverages industry: Wine (ISIC 1552)

Malt beverages industry (ISIC 1553).

Source of Measure: Presidential Regulation of the Republic of Indonesia No. 44 of 2016 concerning Lists of Business Fields that are Closed to Investment and Business Fields that are Conditionally Open for Investment; and

Government policy.

15. Sector: Energy

Sub-Sector: Small Scale Power Plant (less than or equal to 10 MW) other than those provided in Entry 18 of Annex I

Industry Classification: ISIC 4010

Level of Government: Central

Type of Obligation: National Treatment (Article 7.4)

Description of Measure: Indonesia reserves the right to adopt or maintain any measure with respect to investment in small scale power plant (less than or equal to 10 MW).

Source of Measure: Government policy.

ANNEX II. SCHEDULE OF KOREA