the Parties, without prejudice to its Schedule of Specific Commitments, shall apply effectively the principle of unrestricted access to the international maritime markets and trades on a commercial and non-discriminatory basis;
each Party shall grant to ships flying the flag of the other Party or operated by service suppliers of the other Party treatment no less favourable than that accorded to its own ships, with regard to, inter alia, access to ports, use of infrastructure and services of ports, and use of maritime auxiliary services, as well as related fees and charges, customs facilities and assignment of berths and facilities for loading and unloading.
In applying the principles referred to in subparagraphs 3 (a) and 3 (b), the Parties shall:
not introduce cargo-sharing arrangements in future agreements with third countries concerning maritime transport services, including dry and liquid bulk and liner trade, and where identified, not implement and endeavour to terminate, within a reasonable period of time, such cargo-sharing arrangements in case they exist in previous agreements; and
upon the entry into force of this Agreement, endeavour to abolish, and abstain from introducing any unilateral measures that could constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport.
Each Party shall permit international maritime service suppliers of the other Party to have an enterprise established and operating in its territory in accordance with the conditions inscribed in its Schedule of Specific Commitments.
Where available, the Parties shall provide access to international maritime transport suppliers of the other Party on reasonable and non-discriminatory terms and conditions the following services at the port: pilotage, towing and tug assistance, provisioning, fuelling and watering, garbage
collecting and ballast waste disposal, port captain’s services, navigation aids, shore-based
operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, berth and berthing services.
Each Party, subject to the authorisation by the competent authority where applicable, shall permit international maritime transport service suppliers of the other Party to provide feeder services.
SUB-SECTION 7
Article ARTICLE 8.57
Understanding on computer services
The Parties subscribe to the understanding that, for the purpose of liberalising trade in services in accordance with Chapter 8 (Investment and Trade in Services), computer and related services, regardless of whether they are delivered via a network, including the Internet, include:
consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, support, technical assistance, or management of or for computers or computer systems;
computer programmes defined as the sets of instructions required to make computers work and communicate (in and of themselves), plus consulting, strategy, analysis, planning, specification, design, development, installation, implementation, integration, testing, debugging, updating, adaptation, maintenance, support, technical assistance, management or use of or for computer programs;
data processing, data storage, data hosting or database services;
maintenance and repair services for office machinery and equipment, including computers; or
training services for staff of clients, related to computer programmes, computers or computer systems, and not elsewhere classified.
For greater certainty, services enabled by computer and related services, other than those listed in paragraph 1, shall not be regarded as computer and related services in themselves.
Disclaimer: In view of the European Commission's transparency policy, the Commission is publishing the texts of its Comprehensive Economic Partnership Agreement with Indonesia following the Ministerial announcement on 23 September 2025. These texts are published for information purposes only and may undergo further modifications including as a result of the process of legal revision. These texts are without prejudice to the final outcome of the Agreement between the EU and Indonesia. The texts will be final upon signature. The Agreement will become binding on the Parties under international law only after completion by each Party of its internal legal procedures necessary for the entry into force of the Agreement.
Chapter 9. CAPITAL MOVEMENT
Article 9.1. Current Account
Without prejudice to other provisions of this Agreement, each Party shall allow any payments with regard to transactions on the current account of the balance of payments between the Parties, which fall under the scope of this Agreement, in a freely convertible currency (1), and in accordance with the provisions of the Articles of the Agreement of the International Monetary Fund, adopted in Bretton Woods, New Hampshire, on 22 July 1944 ("Agreement of the International Monetary Fund"), as applicable.
Article 9.2. Capital Movements
1. Without prejudice to other provisions of this Agreement, the Parties shall allow, with regard to transactions on the capital and financial account of balance of payments, the free movement of capital relating to investments and transactions liberalised in accordance with Chapter II Liberalisation of investment and Chapter III Cross-border supply of services of Title on liberalisation of investment and trade in services.
2. The Parties shall consult each other with a view to facilitating the movement of capital between them in order to promote trade and investment.
Article 9.3. Application of Laws and Regulations Relating to Capital Movements, Payments or Transfers
Articles 9.1 and 9.2 of this Chapter shall not preclude a Party from applying its laws and regulations relating to:
(a) bankruptcy, insolvency, the protection of the rights of creditors,
(b) issuing, trading or dealing in financial instruments;
(c) financial reporting or record keeping of capital movements, payments or transfers where necessary to assist law enforcement or financial regulatory authorities;
(d) criminal or penal offenses, deceptive or fraudulent practices;
(e) ensuring compliance with orders or judgments in judicial and administrative proceedings; or
(f) social security, public retirement or compulsory savings schemes.
Such laws and regulations shall not be applied in an arbitrary or discriminatory manner, or in a manner which otherwise constitutes a disguised restriction on capital movements, payments or transfers.
Article 9.4. Temporary Safeguard Measures
In exceptional circumstances of serious difficulties for the operation of the economic and monetary policies, in the case of Indonesia, or for the economic and monetary union, in the case of the European Union, or threat thereof, Indonesia or the European Union respectively may adopt or maintain safeguard measures with regard to capital movements, payments or transfers for a period not exceeding 6 months. (2) Such measures shall be strictly necessary to address such difficulties.
Article 9.5. Restrictions In Case of Balance of Payments and External Financing Difficulties In Case of Balance of Payments and External Financing Difficulties
1. Where a Party experiences serious balance-of-payments or external financial difficulties, or threat thereof, it may adopt or maintain restrictive measures with regard to capital movements, payments or transfers (3).
2. The measures referred to in paragraph 1:
(a) shall be consistent with the Articles of the Agreement of the International Monetary Fund, as applicable;
(b) shall not exceed those necessary to deal with the circumstances described in paragraph 1;
(c) shall be temporary and shall be phased out progressively as the situation specified in paragraph 1 improves;
(d) shall avoid unnecessary damage to the commercial, economic and financial interests of the other Party; and
(e) shall not treat the other Party less favourably than a non-Party in like situations.
3. In the case of trade in goods, each Party may adopt restrictive measures in order to safeguard its external financial position or balance-of-payments. These measures shall be in accordance with the General Agreement on Trade and Tariffs (GATT) and the Understanding on the Balance of Payments provisions of the GATT 1994.
4. In the case of trade in services, each Party may adopt restrictive measures in order to safeguard its external financial position or balance of payments. These measures shall be in accordance with Article XII of the General Agreement on Trade in Services (GATS).
5. A Party maintaining or having adopted measures referred to in paragraphs 1 and 2 shall promptly notify them to the other Party.
6. Where restrictions are adopted or maintained under this Article, consultations shall be held promptly in the Trade Committee unless consultations are held in other fora. The consultations shall assess the balance-of-payments or external financial difficulty that led to the respective measures, taking into account, inter alia, such factors as:
(a) the nature and extent of the difficulties;
(b) the external economic and trading environment; and
(c) alternative corrective measures which may be available.
7. The consultations pursuant to paragraph 6 shall address the compliance of any restrictive measures with paragraphs 1 and 2. All relevant findings of statistical or factual nature presented by the International Monetary Fund ("IMF"), where available, shall be accepted and conclusions shall take into account the assessment by the IMF of the balance-of-payments and the external financial situation of the Party concerned.
Chapter 10. DIGITAL TRADE
Section A. General Provisions
Article 10.1. Objective and Scope
1. The Parties recognise the economic growth and opportunities provided by digital trade and the importance of promoting consumer confidence in electronic commerce and facilitating its use and development.
2. This Chapter applies to measures of a Party affecting trade enabled by electronic means.
3. This Chapter shall not apply to data held or processed by or on behalf of a Party, or measures related to such data (1), including measures related to its collection, storage or processing.
4. Nothing in Articles X.5 Cross-Border Data Flows, Article 10.8 No Prior Authorisation, and Article 10.13 Transfer of or Access to Source Code prevents a Party from adopting or maintaining a measure in accordance with the conditions inscribed in its schedule of Specific Commitments.
5. The provisions in this Chapter shall not apply to audio-visual services.
Article 10.2. Right to Regulate
The Parties reaffirm the right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, safety, the environment including climate change, public morals, social or consumer protection, or the promotion and protection of cultural diversity.
Article 10.3. Exceptions
Nothing in this Chapter prevents the Parties from adopting or maintaining measures in accordance with Article 23.1 (General exceptions) and Article 23.2 (Security exception)] of Chapter 23 (Exception) and Article 8.49 (Prudential carve out)] of Chapter 8 (Investment Liberalisation and Trade in Services) for the public interest reasons set out therein.
Article 10.4. Definitions
For the purpose of this Chapter:
(a) “consumer” means any natural person using or requesting a publicly available electronic communications service for purposes outside his trade, business, craft or profession;
(b) “direct marketing communication” means any form of advertising by which a natural or legal person communicates marketing messages directly to end-users via a public electronic communications network and, for the purpose of this Agreement, covers at least electronic mail and text and multimedia messages (SMS and MMS);
(c) “electronic authentication service” means a service that enables to confirm:
(i) the electronic identification of a natural or legal person; or
(ii) the origin and integrity of data in electronic form;
(d) “electronic seal” means data in electronic form used by a legal person which is attached to or logically associated with other data in electronic form to ensure the latter’s origin and integrity;
(e) “electronic signature” means data in electronic form which is attached to or logically associated with other electronic data and fulfils the following requirements:
(i) it is used by a natural person to agree on the electronic data to which it relates; and
(ii) it is linked to the electronic data to which it relates in such a way that any subsequent alteration in the data is detectable;
(f) “electronic trust services (2) means an electronic service consisting of the creation, verification, and validation of electronic signatures, electronic seals, electronic time stamps, electronic registered delivery, website authentication and electronic certificates related to those services; and
(g) “end-user” means any natural or legal person using or requesting a publicly available electronic communications service, either as a consumer or for trade, business or professional purposes;
(h) covered person means:
(i) a covered enterprise as defined in Article 8.4 (Definitions) of Section A (General Provisions) of Chapter 8 (Liberalisation of Investment and Trade in Services);
(ii) an investor of a Party as defined in Article 8.4 (Definitions) of Section A (General Provisions) of Chapter 8 (Investment Liberalisation and Trade in Services); or
(iii) a service supplier of a Party as defined in Article 8.4 (Definitions) of Section A (General Provisions) of Chapter 8 (Investment Liberalisation and Trade in Services);
(j) "personal data” means any information relating to an identified or identifiable natural person.
Section B. Data Flows and Personal Data Protection
Article 10.5. Cross-border Data Flows
1. The Parties are committed to ensuring cross-border data flows to facilitate trade and recognise that each Party may have its own regulatory requirements in this regard.
2. To that end, cross-border data flows for the conduct of the business of covered persons shall not be restricted between the Parties by a Party (3):
(a) requiring the use of computing facilities or network elements in itsParty's territory for processing including by imposing the use of computing facilities or network elements that are certified or approved in its territory (4) ;
(b) requiring the localisation of data in its territory for storage or processing;
(c) prohibiting storage or processing in the territory of the other Party; or
(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in its territory or upon localisation requirements in its territory.
3. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the entry into force of this Agreement, unless the Parties agree otherwise. A Party may at any time propose to the other Party to review the list of restrictions listed in paragraph 2. Such request shall be accorded sympathetic consideration.
Article 10.6. Protection of Personal Data and Privacy
1. Each Party recognises that the protection of personal data and privacy is a fundamental right and that high standards (5) in this regard contribute to economic and social benefits, trust in the digital economy and to the development of trade.
2. Each Party may adopt and maintain the legal framework it deems appropriate to ensure the protection of personal data and privacy, including through the adoption and application of rules for the cross-border transfer of personal data. Nothing in this agreement shall affect the protection of personal data and privacy afforded by the Parties’ respective legal framework or otherwise require the Parties to adopt or maintain a specific framework for the protection of personal data and privacy protection.
3. Each Party shall inform the other Party about any legal framework it adopts or maintains according to paragraph 2.
Section C. Specific Provisions
Article 10.7. Customs Duties on Electronic Transmissions
1. Neither Party shall impose customs duties on electronic transmissions. (6)
2. For greater certainty, the Parties agree that consistent with the principles of GATS, trade in services is not subject to customs duties.
3. The practice referred to in paragraph 1 is in accordance with the WTO Ministerial Decision (WT/MIN (24)/38), adopted on 2 March 2024, in relation to the Work Programme on Electronic Commerce
4. Each Party may adjust their practice referred to in paragraph 1 in light of any further WTO Ministerial Decisions or Agreement in relation to the Work Programme on Electronic Commerce. Such adjustment shall be without prejudice to the Parties’ commitments in Article 10.5 (Reduction or Elimination of Customs Duties) of Chapter 2 (National Treatment and Market Access for Goods).
5. For greater certainty, paragraphs 1 to 4 shall not preclude any Party from applying customs procedures for public policy purposes, or from imposing internal taxes, fees, or other charges on electronic transmission, provided that such taxes, fees, or charges are imposed in a manner consistent with the WTO Agreement.
Article 10.8. No Prior Authorisation
1. A Party shall not require prior authorisation solely on the ground that a service is provided by electronic means or adopt or maintain any other requirement having equivalent effect.
2. For greater certainty, a Party is not precluded from requiring prior authorisation for an online service, or from adopting or maintaining any other requirement having an equivalent effect, based on other policy grounds, such as consumer protection.
3. Paragraph 1 does not apply:
(a) to telecommunications services, broadcasting services, gambling services and legal representation services; or
(b) services of notaries or equivalent professions or other relevant services, to the extent that they involve a direct and specific connection with the exercise of public authority.
Article 10.9. Conclusion of Contracts by Electronic Means
Except as otherwise provided for under the Parties laws and regulations, The Parties shall ensure that their legal systems allow contracts to be concluded by electronic means and that the legal requirements for contractual processes neither create obstacles for the use of electronic contracts nor result in such contracts being deprived of legal effect and validity for having been made by electronic means. (7)
Article 10.10. Electronic Trust and Authentication Services
1. Except in circumstances otherwise provided for under its laws and regulations, a Party shall not deny the legal effect and admissibility as evidence in legal proceedings of an electronic trust and electronic authentication service solely on the basis that the service is in electronic form.
2. Neither Party shall adopt or maintain measures regulating electronic trust and electronic authentication services that would:
(a) prohibit parties to an electronic transaction from mutually determining the appropriate electronic methods for their transaction; or
(b) prevent parties to an electronic transaction from having the opportunity to prove to judicial and administrative authorities that their electronic transaction complies with any legal requirements with respect to electronic trust and electronic authentication services.
3. Notwithstanding paragraph 2, each Party may require that, for a particular category of electronic transactions, the method of electronic authentication meets certain performance standards that shall be objective, transparent and non-discriminatory or is certified by an authority accredited in accordance with its laws and regulations.
Article 10.11. Online Consumer Trust
1. The Parties recognise the importance of maintaining and adopting transparent and effective measures that contribute to consumer trust, including but not limited to measures that protect consumers from fraudulent and deceptive commercial practices when they engage in electronic commerce.
2. To this end, each Party shall adopt or maintain measures that contribute to consumer trust, including measures that proscribe fraudulent and deceptive commercial practices.
3. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to electronic commerce in order to protect consumers and enhance consumer trust.
Article 10.12. Unsolicited Direct Marketing Communications
1. Each Party shall ensure that end-users are effectively protected against unsolicited direct marketing communications. To this end, in particular each Party shall ensure that natural and legal persons do not send direct marketing communications to consumers who have not given their prior consent (8).
3. Notwithstanding paragraph 2, each Party shall allow natural and legal persons which have collected, in accordance with their Party’s own laws and regulations, a consumer’s contact details in the context of the sale of a product or a service, to send direct marketing communications to that consumer for their own similar products or services.
4. Each Party shall ensure that direct marketing communications are clearly identifiable as such, clearly disclose on whose behalf they are made and contain the necessary information to enable end-users to request cessation free of charge and at any moment.]
Article 10.13. Transfer of or Access to Source Code
1. A Party shall not require the transfer of, or access to, source code of software owned by a juridical or natural person of the other Party as a condition for the import, export, distribution, sale or use of such software, or of products containing such software, in its territory.
2. For greater certainty:
(a) article 23.1 (General exceptions)] of Chapter 23 (Exceptions)], Article 23.2 (Security exceptions)] of Chapter 23 (Exceptions)] and Article 8.49 (Prudential carve-out)] of Chapter 8 (Investment Liberalisation and Trade in Services)] may apply to measures of a Party adopted or maintained, for instance, in the context of a certification procedure;
(b) paragraph 1 does not apply to the voluntary transfer of or granting of access to source code on a commercial basis by a person of the other Party, for instance in the context of a public procurement transaction or a freely negotiated contract.
(c) paragraph 1 does not affect the right of regulatory, law enforcement or judicial bodies of a Party to require the modification of source code software to comply with its laws and regulations that are not inconsistent with this Agreement.
3. Nothing in this Article shall affect:
(a) the right of regulatory authorities, law enforcement, judicial or conformity assessment bodies (9) of a Party to require the transfer of, or access to, source code of software, either prior to or following import, export, distribution, sale or use of such software, for investigation, inspection or examination, enforcement action or judicial proceeding purposes, to secure compliance with its laws or regulations pursuing legitimate public policy objectives (10), subject to safeguards against unauthorised disclosure;
(b) requirements by a court, administrative tribunal, competition authority or other relevant body of a Party to remedy a violation of competition laws; or
(c) the protection and enforcement of intellectual property rights or
(d) a public procurement transaction