Article 26.3. Entry Into Force

Each Party shall notify the other Party, in writing through diplomatic channels, once it has completed the internal procedures required for the entry into force of this Agreement. This Agreement enters into force on the first day of the second month following the latter notification.

Article 26.4. Review

Without prejudice to any obligation to review specific provisions of this Agreement, the Parties undertake to review this Agreement and its implementation within fiveyears of its entry into force and periodically thereafter as the Parties may decide. Reviews will take into consideration relevant developments in international trade relations, including the WTO framework, and examine the possibility of further developing and expanding commitments under this Agreement.

Article 26.5. Accession

A non-Party may accede to this Agreement subject to the terms and conditions as may be agreed to between the Parties and the non-Party.

Article 26.6. Duration and Termination

1. This Agreement shall remain in force unless either Party provides a written notification to the other Party of its intention to terminate this Agreement. This Agreement shall terminate six months after the date of that notification.

2. Notwithstanding paragraph 1, in the event that this Agreement is terminated, the provisions of Chapter 13 (Investment) shall continue to apply for a period of 10 years after the date of termination of this Agreement in respect of investments or commitments to invest made before that date.

Article 26.7. Authentic Texts

The English, French, and Indonesian texts of this Agreement are equally authentic.

Conclusion

Attachments

ANNEX I-A: Reservations for Existing Measures (ratchet) SCHEDULEOFCANADA Introductory Notes 1. Canada’s Schedule to this Annex sets out, in accordance with Article 8.7.1(Trade in Services – Reservations) and Article 13.18.1 (Investment – Non-Conforming Measures and Exceptions), Canada’s existing measures that are not subject to some or all of the obligations imposed by: (a) Article 8.3 (Trade in Services –National Treatment) or 13.6 (Investment – National Treatment); (b) Article 8.4 (Trade in Services –Most-Favoured-Nation Treatment) or 13.7 (Investment – Most-Favoured-Nation Treatment); (c) Article 13.12 (Investment –Performance Requirements); (d) Article 13.13 (Investment – Senior Management and Boards of Directors); or (e) Article 8.5 (Trade in Services –Market Access). 2. Each entry sets out the following elements: (a) Description provides a general non-binding description of the measure for which the entry is made; (b) Obligations Concerned specifies the obligations referred to in Article 8.7 (Trade in Services – Reservations) andArticle 13.18 (Investment – Non-Conforming Measures and Exceptions) that do not apply to the listed measures; (c) In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of the Chapters against which the entry is taken. To the extent that: (i) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified prevails over all other elements; and (ii) the Measures element is not so qualified, the Measures element prevails over other elements, unless a discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element prevails, in which case the other elements prevail to the extent of that discrepancy. Reservation I(A)-C-1 Sector: Sub-Sector: Obligations Concerned: Level of Government: Measures: Description: All Sectors National Treatment (Articles 8.3 and 13.6) Senior Management and Boards of Directors (Article 13.13) Central As set out in the Description element. Investment and Trade in Services 1. Canada, or a province or territory of Canada, when selling or disposing of its equity interests in, or the assets of, an existing government enterprise or an existing governmental entity, may prohibit or impose limitations on the ownership of these interests or assets and on the ability of owners of these interests or assets to control a resulting enterprise by investors of Indonesia or of a third country or their investments. With respect to a sale or other disposition, Canada, or a province or territory of Canada, may adopt or maintain a measure relating to the nationality of senior management or members of the board of directors. 2. For the purposes of this entry: (a) a measure maintained or adopted after the date of entry into force of this Agreement that, at the time of sale or other disposition, prohibits or imposes a limitation on the ownership of equity interests or assets or imposes a nationality requirement described in this entry is an existing measure; and (b) government enterprise means an enterprise owned or controlled through ownership interests by Canada, or a province or territory of Canada, and includes an enterprise established after the date of entry into force of this Agreement solely for the purposes of selling or disposing of equity interests in, or the assets of, an existing state enterprise or governmental entity. Reservation I(A)-C-2 Sector: All Sectors Sub-Sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Level of Government: Central Measures: Canada Business Corporations Act, R.S.C. 1985, c. C-44 Canada Business Corporations Regulations, 2001, SOR/2001-512 Canada Cooperatives Act, S.C. 1998, c. 1 Canada Cooperatives Regulations, SOR/99-256 Description: Investment and Trade in Services 1. Acorporation may place constraints on the issue, transfer, and ownership of shares in a federally incorporated corporation. The object of those constraints is to permit a corporation to meet Canadian ownership or control requirements, under certain laws set out in the Canada Business Corporations Regulations, 2001, in sectors where Canadian ownership or control is required as a condition to receive licences, permits, grants, payments, or other benefits. In order to maintain certain Canadian ownership levels, a corporation is permitted to sell shareholders’ shares without the consent of those shareholders, and to purchase its own shares on the open market. 2. The Canada Cooperatives Act provides that constraints may be placed on the issue or transfer of investment shares of a cooperative to persons not resident in Canada, to permit cooperatives to meet Canadian ownership requirements to obtain a licence to carry on a business, to become a publisher of a Canadian newspaper or periodical, or to acquire investment shares of a financial intermediary and in sectors where ownership or control is a required condition to receive licences, permits, grants, payments, and other benefits. Where the ownership or control of investment shares would adversely affect the ability of a cooperative to maintain a level of Canadian ownership or control, the Canada Cooperatives Act provides for the limitation of the number of investment shares that may be owned or for the prohibition of the ownership of investment shares. 3. For the purposes of this entry, Canadian means “Canadian” as defined in the Canada Business Corporations Regulations, 2001 or in the Canada Cooperatives Regulations. Reservation I(A)-C-3 Sector: Sub-Sector: Obligations Concerned: Level of Government: Measures: Description: All Sectors National Treatment (Articles 8.3 and 13.6) Central Agricultural and Recreational Land Ownership Act, R.S.A. 1980, c. A-9 Citizenship Act, R.S.C. 1985, c. C-29 Foreign Ownership of Land Regulations, SOR/79-416 Investment and Trade in Services 1. The Foreign Ownership of Land Regulations are made pursuant to the Citizenship Act and the Agricultural and Recreational Land Ownership Act. In Alberta, an ineligible person or foreign owned or controlled corporation may only hold an interest in controlled land consisting of a maximum of two parcels containing, in the aggregate, a maximum of20 acres. 2. For the purposes of this entry: (a) ineligible person means: (i) a natural person who is not a Canadian citizen or permanent resident; (ii) a foreign government or agency thereof; or (iii) a corporation incorporated in a country other than Canada; and (b) controlled land means land in Alberta but does not include: (i) land of the Crown in right of Alberta; (ii) land within a city, town, new town, village, or summer village; and (iii) mines or minerals. Reservation I(A)-C-4 Sector: All Sectors Sub-Sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Level of Government: Central Measures: Canadian Arsenals Limited Divestiture Authorization Act, S.C. 1986, c. 20 Eldorado Nuclear Limited Reorganization and Divestiture Act, S.C. 1988, c. 41 Nordion and Theratronics Divestiture Authorization Act, S.C. 1990, c. 4 Description: Investment and Trade in Services 1. A“non-resident” or “non-residents” may not own more than a specified percentage of the voting shares of the corporation to which eachAct applies. For some companies the restrictions apply to individual shareholders, while for others the restrictions may apply in the aggregate. If there are limits on the percentage that an individual Canadian investor can own, these limits also apply to non.residents. The restrictions are as follows: (a) Cameco Limited (formerly Eldorado Nuclear Limited): 15 percent per non.resident natural person, 25 percent in the aggregate; (b) Nordion International Inc.: 25 percent in the aggregate; (c) Theratronics International Limited: 49 percent in the aggregate; and (d) Canadian Arsenals Limited: 25 percent in the aggregate. 2. For the purposes of this entry, non-resident includes: (a) a natural person who is not a Canadian citizen and not ordinarily resident in Canada; (b) a corporation incorporated, formed, or otherwise organised outside Canada; (c) the government of a foreign State or a political subdivision of a government of a foreign State, or a person empowered to perform a function or duty on behalf of that government; (d) a corporation that is controlled directly or indirectly by a person or an entity referred to in subparagraphs (a) through (c); (e) a trust: (i) established by a person or an entity referred to in subparagraphs (b) through (d), other than a trust for the administration of a pension fund for the benefit of natural persons the majority of whom are resident in Canada; or (ii) in which a person or an entity referred to in subparagraphs (a) through (d) has more than 50 percent of the beneficial interest; and (f) a corporation that is controlled directly or indirectly by a trust referred to in subparagraph (e). Reservation I(A)-C-5 Sector: All Sectors Sub-Sector: Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measure: Export and Import Permits Act, R.S.C. 1985, c. E-19 Description: Trade in Services Only a natural person ordinarily resident in Canada, an enterprise with its head office in Canada, or a branch office in Canada of a foreign enterprise may apply for and be issued an import or export permit or transit authorisation certificate for a good or related service subject to controls under the Export and Import Permits Act. Reservation I(A)-C-6 Sector: Business Services Industries Sub-Sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Senior Management and Boards of Directors (Article 13.13) Level of Government: Central Measures: Customs Act, R.S.C. 1985, c. 1 (2nd Supp.) Customs Brokers Licensing Regulations, SOR/86-1067 Description: Investment and Trade in Services To be a licensed customs broker in Canada, in addition to meeting all other licensing requirements: (a) a natural person must be a Canadian national; (b) a corporation must be incorporated in Canada with a majority of its directors being Canadian nationals; and (c) a partnership must be composed of persons who are Canadian nationals who meet all other licensing requirements, or corporations incorporated in Canada with a majority of their directors being Canadian nationals who meet all other licensing requirements. Reservation I(A)-C-7 Sector: Business Services Industries Sub-Sector: Duty Free Shops Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Level of Government: Central Measures: Customs Act, R.S.C. 1985, c. 1 (2nd Supp.) Duty Free Shop Regulations, SOR/86-1072 Description: Investment and Trade in Services 1. In addition to all other licensing requirements, to be a licensed duty free shop operator at a border crossing in Canada, a natural person must be a Canadian national. 2. In addition to all other licensing requirements, to be a licensed duty free shop operator at a border crossing in Canada, a corporation must be incorporated in Canada and have all of its shares beneficially owned by Canadian nationals who meet all other licensing requirements. Reservation I(A)-C-8 Sector: Business Services Industries Sub-Sector: Examination Services relating to the Export and Import of Cultural Property Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measure: Cultural Property Export and Import Act, R.S.C. 1985, c. C-51 Description: Trade in Services 1. Only a resident of Canada or an institution in Canada may be designated as an expert examiner of cultural property for the purposes of the Cultural Property Export and Import Act. 2. For the purposes of this entry: (a) institution means an entity that is publicly owned and operated solely for the benefit of the public, that is established for educational or cultural purposes, and that conserves objects and exhibits them; and (b) resident of Canada means a natural person who is ordinarily resident in Canada, or a corporation that has its head office in Canada or maintains an establishment in Canada to which employees employed in connection with the business of the corporation ordinarily report for work. Reservation I(A)-C-9 Sector: Professional Services Sub-Sector: Patent Agents Patent Agents supplying Legal Advisory and Representation Services Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measures: Patent Act, R.S.C. 1985, c. P-4 Patent Rules, SOR/2019-251 College of Patent Agents and Trademark Agents Act, S.C.2018, c.27, s.247 College of Patent Agents and Trademark Agents Regulations, SOR/2021-129 By-laws of the College of Patent Agents and Trademark Agents, SOR/2023-73 Description: Trade in Services To represent a person in the prosecution of a patent application or in other business before the Patent Office, a patent agent must be resident in Canada and licensed by the College of Patent Agents and Trademark Agents. Reservation I(A)-C-10 Sector: Professional Services Sub-Sector: TrademarkAgents TrademarkAgents supplying Legal Advisory and Representation Services in Statutory Procedures Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measures: Trademarks Act, R.S.C. 1985, c. T-13 Trademarks Regulations, SOR/2018-227 College of Patent Agents and Trademark Agents Act, S.C.2018, c.27, s.247 College of Patent Agents and Trademark Agents Regulations, SOR/2021-129 By-laws of the College of Patent Agents and Trademark Agents, SOR/2023-73 Description: Trade in Services To represent a person in the prosecution of an application for a trademark or in other business before the Office of the Registrar ofTrademarks, a trademark agent must be resident in Canada and registered by the College of Patent Agents and TrademarkAgents. Reservation I(A)-C-11 Sector: Energy Sub-Sector: Oil and Gas Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Level of Government: Central Measures: Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2ndSupp.) Territorial Lands Act, R.S.C. 1985, c. T-7 Federal Real Property and Federal Immovables Act, S.C. 1991, c. 50 Canada-Newfoundland and Labrador Atlantic Accord Implementation Act, S.C. 1987, c. 3 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28 Description: Investment and Trade in Services 1. This reservation applies to a production licence issued for “frontier lands” and “offshore areas” (areas not under provincial jurisdiction) as defined in the applicable measures. 2. Aperson who holds an oil and gas production licence or shares therein must be a corporation incorporated in Canada. Reservation I(A)-C-12 Sector: Energy Sub-Sector: Oil and Gas Obligations Concerned: National Treatment (Article 8.3) Performance Requirements (Article 13.12) Level of Government: Central Measures: Canada Oil and Gas Operations Act, R.S.C. 1985, c. O-7 Canada -Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28 Canada -Newfoundland and Labrador Atlantic Accord Implementation Act, S.C. 1987, c. 3 Measures implementing the Canada-Yukon Oil and Gas Accord, including the Canada-Yukon Oil and Gas Accord Implementation Act, S.C. 1998, c.5, s. 20, and the Oil and Gas Act, RSY 2002, c. 162 Measures implementing the Northwest Territories Oil and Gas Accord, including implementing measures that apply to or are adopted by Nunavut as the successor territories to the former Northwest Territories. Measures implementing theAccord between the Government of Canada and the Government ofYukon, the Government of the Northwest Territories and the Inuvialuit Regional Corporation for the joint management of petroleum resources in the westernArctic offshore. Measures implementing theAccord between the Government of Canada and the Government of Quebec for the joint management of petroleum resources in the Gulf of St. Lawrence, or any other similar federal-provincial accords related to the joint management of petroleum resources. Description: Investment and Trade in Services 1. Under the Canada Oil and Gas Operations Act, a “benefits plan” must be approved by the Minister in order to be authorized to proceed with an oil and gas development project. 2. Abenefits plan means a plan for the employment of Canadians and for providing Canadian manufacturers, consultants, contractors, and service companies with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in proposed work or activity referred to in the benefits plan. 3. The benefits plan contemplated by the Canada Oil and Gas Operations Act permits the Minister to impose on the applicant an additional requirement to ensure that disadvantaged individuals or groups have access to training and employment opportunities or can participate in the supply of goods and services used in proposed work referred to in the benefits plan. 4. Provisions continuing those set out in the Canada Oil and Gas Operations Act are included in laws that implement the Canada-Yukon Oil and Gas Accord, and the Northwest Territories Lands and Resources Devolution Agreement. 5. Provisions continuing those set out in the Canada Oil and Gas Operations Act will be included in laws or regulations to implement accords with various provinces and territories, including implementing legislation by provinces and territories (for example, the Northwest Territories Oil and Gas Accord, the Canada-Quebec Gulf of St. Lawrence Petroleum ResourcesAccord,the WesternArctic -Tariuq (Offshore) Accord, and the New Brunswick Oil and Gas Accord). For the purposes of this reservation, these accords and implementing legislation shall be deemed, once concluded, to be existing measures. 6. The Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act have the same requirement for a benefits plan but also require that the benefits plan ensures that: (a) the corporation or other body submitting the plan establishes in the applicable province an office where appropriate levels of decision-making are to take place, prior to carrying out work or an activity in the offshore area; (b) expenditures be made for research and development to be carried out in the province, and for education and training to be provided in the province; and (c) first consideration be given to goods produced or services provided from within the province, where those goods or services are competitive in terms of fair market price, quality, and delivery. 7. Theboards administering the benefits plan under the Acts referred to in paragraph 6 may also require that the plan include provisions to ensure that disadvantaged individuals or groups, or corporations owned or cooperatives operated by them, participate in the supply of goods and services used in proposed work or activity referred to in the plan. Furthermore, such boards may also impose or enforce expenditure and other requirements relating to research and development and education and training to be carried out in the province. 8. In addition, Canada may impose a requirement or enforce a commitment or undertaking for the transfer of technology, a production process, or other proprietary knowledge to a person of Canada in connection with the approval of development projects under the applicable Acts. Reservation I(A)-C-13 Sector: Energy Sub-Sector: Oil and Gas Obligations Concerned: National Treatment (Article 8.3) Performance Requirements (Article 13.12) Level of Government: Central Measures: Hibernia Development Project Act, S.C. 1990, c. 41 Canada-Newfoundland and Labrador Atlantic Accord Implementation Act, S.C. 1987, c. 3 Description: Investment and Trade in Services 1. Under the Hibernia Development Project Act, Canada and the Hibernia Project Owners may enter into agreements. Those agreements may require the Project Owners to undertake to perform certain work in Canada and Newfoundland and Labrador and to use their best efforts to achieve specific Canadian and Newfoundland and Labrador target levels in relation to the provisions of a “benefits plan” required under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act. “Benefits plans” are further described in I(A)-C-12. 2. In addition, Canada may impose in connection with the Hibernia Project a requirement or enforce a commitment or undertaking for the transfer of technology, a production process, or other proprietary knowledge to a national or enterprise in Canada. Reservation I(A)-C-14 Sector: Transportation Sub-Sector: Air Transportation (Specialty Air Services as defined in Article 8.1 (Definitions)) Obligations Concerned National Treatment (Article 8.3) Most-Favoured-Nation Treatment (Article 8.4) Level of Government: Central Measures: Canada Transportation Act, S.C. 1996, c. 10 Air Transportation Regulations, SOR/88-58 Canadian Aviation Regulations, SOR/96-433 Description: Trade in Services Authorisation from Transport Canada is required to supply a specialty air service in the territory of Canada. In determining whether to grant a particular authorisation, Transport Canada will consider, among other factors, whether the country in which the applicant, if an individual, is resident or, if an enterprise, is constituted or organised, provides Canadian specialty air service operators reciprocal access to supply specialty air services in that country’s territory. Any foreign service supplier authorized to supply a specialty air service is required to comply with Canadian safety requirements while supplying these services in Canada. Reservation I(A)-C-15 Sector: Transportation Sub-Sector: Air Transportation Obligations Concerned: National Treatment (Article 8.3) Most-Favoured-Nation Treatment (Article 8.4) Level of Government: Central Measures: Aeronautics Act, R.S.C. 1985, c. A-2 Canadian Aviation Regulations, SOR/96-433, Part IV “Personnel Licensing and Training”; Part V “Airworthiness”; Part VI “General Operating and Flight Rules”; and Part VII “Commercial Air Services” Description: Trade in Services Aircraft and other aeronautical product repair, overhaul, or maintenance activities required to maintain the airworthiness of Canadian-registered aircraft and other aeronautical products must be performed by a person meeting Canadian aviation regulatory requirements (that is, approved maintenance organizations and aircraft maintenance engineers). A certification is not provided for persons located outside Canada, except sub-organizations of approved maintenance organizations that themselves are located in Canada. Reservation I(A)-C-16 Sector: Transportation Sub-Sector: Land Transportation Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measures: Motor Vehicle Transport Act, R.S.C. 1985, c. 29 (3rd Supp.), as amended by S.C. 2001, c. 13 Canada Transportation Act, S.C. 1996, c. 10 Customs Tariff, S.C. 1997, c. 36 Description: Trade in Services Only a person of Canada using a Canadian-registered and either a Canadian-built or duty-paid truck or bus may provide truck or bus services between points in the territory of Canada. Reservation I(A)-C-17 Sector: Transportation Sub-Sector: WaterTransportation Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Level of Government: Central Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26 Description: Investment and Trade in Services 1. To register a vessel in Canada, the owner of that vessel or the person who has exclusive possession of that vessel must be: (a) a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27; (b) a corporation incorporated under the laws of Canada or a province or territory; or (c) when the vessel is not already registered in another country, a corporation incorporated under the laws of a country other than Canada if one of the following is acting with respect to all matters relating to the vessel, namely: (i) a subsidiary of that corporation that is incorporated under the laws of Canada or a province or territory; (ii) an employee or director in Canada of any branch office of that corporation that is carrying on business in Canada; or (iii) a ship management company incorporated under the laws of Canada or a province or territory. 2. A vessel registered in a foreign country which has been bareboat chartered may be listed in Canada for the duration of the charter while the vessel’s registration is suspended in its country of registry, if the charterer is: (a) a Canadian citizen or permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27; or (b) a corporation incorporated under the lawsof Canada or a province or territory. Reservation I(A)-C-18 Sector: Transportation Sub-Sector: WaterTransportation Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measures: Canada Shipping Act, 2001, S.C. 2001, c. 26 Marine Personnel Regulations, SOR/2007-115 Description: Trade in Services Masters, mates, engineers, and certain other seafarers must hold certificates granted by the Minister of Transport as a requirement of service on Canadian registered vessels. These certificates may be granted only to Canadian citizens or permanent residents. Reservation I(A)-C-19 Sector: Transportation Sub-Sector: WaterTransportation Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measures: Pilotage Act, R.S.C., 1985, c. P-14 General Pilotage Regulations, SOR/2000-132 Description: Trade in Services Subject to Canada’s Reservation II-C-11, a licence or a pilotage certificate issued by the Minister of Transport is required to provide pilotage services in the compulsory pilotage waters of the territory of Canada. Only a Canadian citizen or permanent resident may obtain a licence or pilotage certificate.A permanent resident of Canada who has been issued a pilot’s licence or pilotage certificate must become a Canadian citizen within five years of receipt of that licence or pilotage certificate in order to retain it. Reservation I(A)-C-20 Sector: Transportation Sub-Sector: Water Transportation Services by Sea-going and Non-sea-going Vessels Obligations Concerned: National Treatment (Article 8.3) Level of Government: Central Measures: Shipping Conferences Exemption Act, 1987, R.S.C. 1985, c.17 (3rd Supp.) Description: Trade in Services Members of a shipping conference must maintain jointly an office or agency in the region of Canada where they operate.A shipping conference is an association of ocean carriers that has the purpose or effect of regulating rates and conditions for the transportation by those carriers of goods by water. Reservation I(A)-C-21 Sector: Transportation Sub-Sector: WaterTransportation Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4) Level of Government: Central Measures: Coasting Trade Act, S.C. 1992, c.31 Description: Trade in Services The prohibitions under the Coasting Trade Act, set out in Reservation II-C-10, do not apply to any vessel that is owned by the Government of the United States ofAmerica when used solely for the purpose of transporting goods owned by the Government of the United States of America from the territory of Canada to supply Distant Early Warning sites. Reservation I(A)-C-22 Sector: All Sectors Sub-Sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Level of Government: Regional Measures: An existing non-conforming measure of a province and territory. Description: Investment and Trade in Service SCHEDULE OF INDONESIA Explanatory Notes 1. Each entry sets out the following elements: (a) Sector refers to the sector for which the entry is made; (b) Subsector, refers to the specific subsector for which the entry is made; (c) Industry Classification, if referenced in either the sector or subsector row, refers to the activity covered by the non-conforming measure according to: (i) the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991); (ii) ISIC Rev. 3 which means the International Standard Industrial Classification of All Economic Activities as set out in the Statistical Papers, Series M, No. 4, ISIC Rev. 3, Statistical Office of the United Nations, New York, 1990; or (iii) Indonesian Standard of Industrial Classification (Klasifikasi Baku Lapangan Usaha Indonesia/KBLI) 2020. (d) Level of Government indicates the level of government maintaining the listed measure; (e) Type of Obligation specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7 (Trade in Services – Reservations) and Article 13.18 (Investment – Non-Conforming Measures and Exceptions), do not apply to the listed measure; (f) Description of Measure sets out the non-conforming measure for which the entry is made; (g) Source of Measure identifies the laws, regulations,or other measures for which the entry is made. A measure cited in the Source of Measure element: (i) means the measure as amended, continued,or renewed as of the date of entry into force of this Agreement; and (ii) includes any subordinate measureadopted or maintained under the authority of and consistent with the measure. 2. Entries that specify “All Sectors”, “All Services Sectors”,and “All Non-Services Sectors” in: (a) entries oneto nine of Annex I-B(Reservations for Existing Measures – standstill) apply to an investment or the supply of a service, where available, on subsectors specified in Annex I-A (Reservations for Existing Measures – ratchet), Annex I-B (Reservations for Existing Measures – standstill), and Annex II (Reservations for Future Measures), unless otherwise provided. (b) entries oneto eight of Annex II (Reservations for Future Measures) apply to an investment orthe supply of a service on subsectors specified in the list of Annex I-A(Reservations for Existing Measures – ratchet), Annex I-B (Reservations for Existing Measures – standstill), and Annex II (Reservations for Future Measures), unless otherwise provided. 3. In accordance with Article 8.7 (Trade in Services –Reservations) and Article 13.18 (Investment – Non-Conforming Measures and Exceptions), the Articles of this Agreement specified in the Type of Obligation element of an entry do not apply to the non-conforming measures identified in the Description of Measure element of that entry. 4. TheSchedule below does not include measures relating to qualification requirements and procedures, technical standards, and licence requirements and procedures when they do not constitute a national treatment or market access violation within the meaning of Article 8.3 (Trade in Services – National Treatment) or Article 8.5 (Trade in Services – Market Access). Those measures (for example, the need to obtain a licence, universal service obligations, theneed to obtain recognition of qualifications in regulated sectors, theneed to pass specific examinations, including language examinations, or anon-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to the supply of services by a service supplier of Canada in the territory of Indonesia. 5. For the purposesof this Schedule: Double asterisk (**) after a CPC number indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. Joint Operation is an undertaking between one or more foreign and Indonesian enterprises of a temporary nature, to handle one or more projects or businesses without establishing a new statutory body in accordance with Indonesian laws. Joint Venture is a legal entity organised under Indonesian law and having its domicile in Indonesia, in the form of cooperation between foreign capital and Indonesian (national) capital. 6. In the absence of a specific reference to CPC numbers, the scope of subsectors or activities covered by an entry will be subject to relevant and applicable references. 7. In the interpretation of an entry, all elements of the entry shall be considered in their totality. 8. This note shall form part of Indonesia’s reservations. ANNEX I-A: Reservations for Existing Measures (ratchet) SCHEDULE OF INDONESIA Introductory Notes Indonesia’s Schedule to this Annex, pursuant to Article 8.7.1 (Trade in Services – Reservations) and Article 13.18.1 (Investment – Non-Conforming Measures and Exceptions), sets out Indonesia’s existing measures that are not subject to some or all of the obligations imposed by: (a) Article 8.3 (Trade in Services – National Treatment); (b) Article 8.4 (Trade in Services – Most-Favoured-Nation Treatment); (c) Article 8.5 (Trade in Services – Market Access); (d) Article 13.6 (Investment – National Treatment); (e) Article 13.7 (Investment – Most-Favoured-Nation Treatment); (f) Article 13.12 (Investment –Performance Requirements); or (g) Article 13.13 (Investment –Senior Management and Boards of Directors). 1. Sector : Professional Services Subsector : Legal Services (CPC 861) Level of Government : Central Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (13.6) Description of Measure : Trade in Services -A foreign advocate (professional foreign lawyer) is prohibited from establishing a law firm or representative office in Indonesia. -A foreign advocate is: • only allowed to work or take part in an Indonesian law firm as an employee or as an expert; • only allowed to provide advice on foreign law (home country law or international law on Business and Arbitration); • subject to recommendation from Advocate Association and Ministry of Law; and • obliged to transfer legal knowledge and professional capabilities to Indonesian lawyers. -A foreign advocate is prohibited to be a legal representation in court of justice, undertake legal proceedings under any circumstances or undertake notarial activities in Indonesia. Source of Measure : Law No. 18 of 2003 concerning Advocate 2. Sector : Communication Services Subsector : Courier Services (CPC 75121) (Indonesia Standard Industrial Classification 2020, Code 53201) Level of Government : Central Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description of Measure : Trade in Services Foreign service suppliers are permitted to establish a commercial presence in Indonesia to supply courier services through a Joint Venture with only one Indonesian courier service supplier, with foreign equity participation not exceeding 49 percent. The Joint Venture may only operate within a provincial capital and is prohibited from providing courier services between cities in Indonesia, except through operational cooperation with an Indonesian courier service supplier. Source of Measure : -Law No. 38 of 2009 concerning Postal -Government Regulation No. 46 of 2021 concerning Postal, Telecommunication, and Broadcasting 3. Sector : Construction Services Subsector : (a) Pre-Erection Work at Construction Site (CPC 511) excluding Site Investigation Work (CPC 51110) and Site Formation and Clearance Work (CPC 51113) (b) Construction Work for Buildings (CPC 512) excluding one and two-dwelling buildings (CPC 51210) (c) Construction Work for Civil Engineering (CPC 513) (d) Assembly and Erection of Prefabricated Constructions (CPC 514) (e) Special Trade Construction (CPC 515) (f) Installation Work (CPC 516) (g) Building Completion and Finishing Work (CPC 517) (h) Renting Services Related Equipment for Construction or Demolition of Building or Civil Engineering Works with Operator (CPC 518) Level of Government : Central Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description of Measure : Trade in Services (a) A Canadian service supplier shall have “qualification Big” (kualifikasi besar) and only provide services with high risk, high technology, or high cost. The qualifier of high risk, high technology, and high cost will be in accordance with prevailing laws and regulations at the time of supplying the services. (b) The supply of services through commercial presence by a Canadian Company, if in the form of a Joint Operation, shall be by establishing a Representative Office in Indonesia. Licence for Representative Office is granted by Central Government. Establishment of a Representative Office is subject to evaluation of annual sales record, financial capabilities, worker availability, and capabilities to provide construction equipment in accordance with prevailing laws and regulations. In providing services, a Joint Operation shall comply with the following requirements: (i) at least 50 percent of the value of the services shall be conducted in Indonesia; and (ii) at least 30 percent of the value of the services shall be conducted by the local partner(s) in the Joint Operation. (c) A Canadian company shall conduct transfer of knowledge or technology. (d) A Canadian company shall prioritize the use of domestic technology, materials, or products. (e) The highest management in a Representative Office shall be Indonesian. Source of Measure : -Law Number 2 of 2017 concerning Construction Services -Government Regulation Number 5 of 2021 concerning Implementation of Risk-Based Business Licence 4. Sector : Professional Services Subsector : (a) Architectural Services (CPC 8671) (b) Engineering Services (CPC 8672 excluding CPC 86721, 86725, 86726) (c) Integrated Engineering Services (CPC 8673) (d) Urban Planning Services (CPC 86741) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description of Measure : Trade in Services (a) A Canadian service supplier shall have “qualification Big” (kualifikasi besar) and only provide services with high risk, high technology, or high cost. The qualifier of high risk, high technology, and high cost will be in accordance with prevailing laws and regulations at the time of supplying the services. (b) The supply of services through commercial presence by a Canadian Company, if in the form of a Joint Operation, shall be by establishing a Representative Office in Indonesia. Licence for Representative Office is granted by Central Government. Establishment of a Representative Office is subject to evaluation of annual sales record, financial capabilities, worker availability, and capabilities to provide construction equipment in accordance with prevailing laws and regulations. In providing services, a Joint Operation shall comply with the following requirements: (i) all services shall be conducted in Indonesia; and (ii) at least 50 percent of the value of services shall be conducted by the local partner(s) in the Joint Operation. (c) A Canadian company shall conduct the transfer of knowledge or technology. (d) A Canadian company shall prioritize the use of domestic technology, materials, or products. (e) The highest management in a Representative Office shall be Indonesian. Source of Measure : -Law Number 2 of 2017 concerning Construction Services -Government Regulation Number 5 of 2021 concerning Implementation of Risk-Based Business Licence ANNEX I-B: Reservations for Existing Measures (standstill) SCHEDULEOFCANADA Introductory Notes 1. Canada’s Schedule to this Annex sets out, in accordance with Article 8.7.2(Trade in Services – Reservations) and Article 13.18.2 (Investment – Non-Conforming Measures and Exceptions), Canada’s existing measures that are not subject to some or all of the obligations imposed by: (a) Article 8.3 (Trade in Services –National Treatment) or 13.6 (Investment – National Treatment); (b) Article 8.4 (Trade in Services –Most-Favoured-Nation Treatment) or 13.7 (Investment – Most-Favoured-Nation Treatment); (c) Article 13.12 (Investment –Performance Requirements); (d) Article 13.13 (Investment –Senior Management and Boards of Directors); or (e) Article 8.5 (Trade in Services –Market Access). 2. Each entry sets out the following elements: (a) Description provides a general non-binding description of the measure for which the entry is made. (b) Obligations Concerned specifies the obligations referred to in Article 8.7 (Trade in Services – Reservations) andArticle 13.18 (Investment – Non-Conforming Measures and Exceptions) that do not apply to the listed measures. (c) In the interpretation of an entry, all elements of the entry shall be considered. An entry shall be interpreted in light of the relevant provisions of theChapters against which the entry is taken. To the extent that: (i) the Measures element is qualified by a liberalization commitment from the Description element, the Measures element as so qualified prevails over all other elements; and (ii) the Measures element is not so qualified, the Measures element prevails over other elements, unless a discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element prevails, in which case the other elements prevail to the extent of that discrepancy. Reservation I(B)-C-1 Sector:All Sectors Sub-Sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Level of Government: Central Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.) Investment Canada Regulations, SOR/85-611 Description: Investment and Trade in Services 1. Except as set out in paragraphs 5 and 9, the Director of Investments will review a direct “acquisition of control”, as defined in the Investment Canada Act, of a Canadian business by a WTO investor if the value of the Canadian business is not less than CAD 1.326 billion, adjusted in accordance with the applicable methodology in January of each subsequent year, starting in 2025, as set out in the Investment Canada Act. 2. Notwithstanding the definition of “investor of a Party” in Article 13.1 (Investment – Definitions), only WTO investors or entities controlled by WTO investors as provided for in the Investment Canada Act may benefit from the CAD 1.326 billion threshold. 3. Except as set out in paragraphs 5 and 9, the Director of Investments will review a direct “acquisition of control”, as defined in the Investment Canada Act, of a Canadian business by a trade agreement investor if the value of the Canadian business is not less than CAD 1.989 billion, adjusted in accordance with the applicable methodology in January of each subsequent year, starting in 2025, as set out in the Investment Canada Act. 4. Notwithstanding the definition of “investor of a Party” in Article 13.1 (Investment – Definitions), only a trade agreement investor or an entity controlled by a trade agreement investor as provided for in the Investment Canada Act may benefit from the CAD 1.989 billion threshold. 5. The higher thresholds in paragraphs 1 and 3 do not apply to a direct acquisition of control by a state-owned enterprise of a Canadian business. These acquisitions are subject to review by the Director of Investments if the value of the Canadian business is not less than CAD 528 million in 2024, adjusted in accordance with the applicable methodology in January of each subsequent year as set out in the Investment Canada Act. 6. An investment subject to review under the Investment Canada Act may not be implemented unless the Minister responsible for the Investment Canada Act advises the applicant that the investment is likely to be of net benefit to Canada. This determination is made in accordance with six factors described in the Investment Canada Act, summarized as follows: (a) the effect of the investment on the level and nature of economic activity in Canada, including the effect: on employment; on the use of parts, components, and services produced in Canada; and on exports from Canada; (b) the degree and significance of participation by Canadians in the investment; (c) the effect of the investment on productivity, industrial efficiency, technological development, and product innovation in Canada; (d) the effect of the investment on competition within an industry in Canada; (e) the compatibility of the investment with national industrial, economic, and cultural policies, taking into consideration industrial, economic, and cultural policy objectives enunciated by the government or legislature of a province likely to be significantly affected by the investment; and (f) the contribution of the investment to Canada’s ability to compete in world markets. 7. In making a net benefit determination, the Minister, through the Director of Investments, may review plans under which the applicant demonstrates the net benefit to Canada of the proposed acquisition. An applicant may also submit an undertaking to the Minister in connection with a proposed acquisition that is the subject of review. In the event of noncompliance with an undertaking by an applicant, the Minister may seek a court order directing compliance or any other remedy authorized under the Investment Canada Act. 8. A non-Canadian who establishes or acquires a Canadian business, other than those that are subject to review, must notify the Director of Investments. 9. The review thresholds set out in paragraphs 1, 3, and 5 do not apply to an acquisition of a cultural business, as defined in the Investment Canada Act. 10. In addition, the specificacquisition or establishment of a new business in designated types of business activities relating to Canada’s cultural heritage or national identity, which are normally notifiable, may be subject to review if the Governor in Council authorises a review in the public interest. 11. An indirect “acquisition of control” of a Canadian business by an investor of Indonesia, other than a cultural business, is not reviewable. 12. Notwithstanding Article 13.12 (Investment –Performance Requirements), Canada may impose requirements or enforce a commitment or undertaking in connection with the establishment, acquisition, expansion, conduct, operation, or management of an investment of an investor of Indonesia or of a non-Party for the transfer of technology, production process, or other proprietary knowledge to a national or enterprise, affiliated to the transferor, in Canada in connection with the review of an acquisition of an investment under the Investment Canada Act. 13. Except for requirements, commitments, or undertakings relating to technology transfer as set out in paragraph 12, Article 13.12 (Investment – Performance Requirements) applies to requirements, commitments, or undertakings imposed or enforced under the Investment Canada Act. 14. For the purposes of this entry: (a) a non-Canadian means an individual, government or agency thereof, or an entity that is not Canadian; and (b) Canadian means a Canadian citizen or permanent resident, a government in Canada or agency thereof, or a Canadian-controlled entity as described in the Investment Canada Act. Reservation I(B)-C-2 Sector: Energy Sub-Sector: Uranium Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Level of Government: Central Measures: Investment Canada Act, R.S.C. 1985, c. 28 (1st Supp.) Investment Canada Regulations, SOR/85-611 Policy on Non-Resident Ownership in the Uranium Mining Sector, 1987 Description: Investment and Trade in Services 1. Ownership by “non-Canadians”, as defined in the Investment Canada Act, of a uranium mining property is limited to 49 percent at the stage of first production. Exceptions to this limit may be permitted if it can be established that the property is in fact “Canadian-controlled”, as defined in the Investment Canada Act. 2. Exemptions from the Non-Resident Ownership Policy in the Uranium Mining Sector are permitted, subject to approval of the Governor in Council, only in cases where Canadian participants in the ownership of the property are not available. Investments in properties by non-Canadians, made prior to 23 December 1987, and that are beyond the permitted ownership level, may remain in place. No increase in non-Canadian ownership is permitted. Reservation I(B)-C-3 Sector: Transportation Sub-Sector: Air Transportation Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Senior Management and Board of Directors (Article 13.13) Level of Government: Central Measures: Canada Transportation Act, S.C. 1996, c. 10 Aeronautics Act, R.S.C. 1985, c. A-2 Canadian Aviation Regulations, SOR/96-433 Part II, Subpart 2 – “Aircraft Marking and Registration”; Part IV “Personnel Licensing and Training”; and Part VII “Commercial Air Services” Description: Investment and Trade in Services 1. Only Canadians may provide the following commercial transportation air services: (a) domestic services (air services between points, or from and to the same point, in the territory of Canada, or between a point in the territory of Canada and a point not in the territory of another country); (b) scheduled international services (scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under existing or future air services agreements; (c) non-scheduled international services (non-scheduled air services between a point in the territory of Canada and a point in the territory of another country) where those services have been reserved to Canadian carriers under the Canada Transportation Act; and (d) specialty air services including, but not limited to aerial mapping, aerial surveying, aerial photography, forest fire management, fire-fighting, aerial advertising, glider towing, parachute jumping, aerial construction, heli-logging, aerial inspection, aerial surveillance, flight training, aerial sightseeing, and aerial crop spraying. 2. For the purposes of paragraph 1(a), (b), and (c), the Canada Transportation Act, in section 55, defines “Canadian” in the following manner: (a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, S.C. 2001, c.27; (b) a government in Canadaor an agent or mandatary of that government; or (c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 51 percent of the voting interests are owned and controlled by Canadians and where: (i) no more than 25 percent of the voting interests are owned directly or indirectly by any single non-Canadian, either individually or in affiliation with another person; and (ii) no more than 25 percent of the voting interests are owned directly or indirectly by one or more non-Canadians authorized to provide an air service in any jurisdiction, either individually or in affiliation with another person. 3. Regulations made under the Aeronautics Act include distinct definitions of “Canadian” referenced in paragraphs 2 and 4. These Regulations require that a Canadian operator of commercial air services operate Canadian-registered aircraft. These Regulations require an operator to be Canadian in order to obtain a Canadian Air Operator Certificate and to qualify to register aircraft as “Canadian”. 4. For the purposes of subparagraph 1(d), the Canadian Aviation Regulations define “Canadian” in the following manner: (a) a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (b) a government in Canadaor an agent or mandatary of that government; or (c) a corporation or entity that is incorporated or formed under the laws of Canada or a province, that is controlled in fact by Canadians and of which at least 75 percent of the voting interests are owned and controlled by Canadians. 5. No foreign individual is qualified to be the registered owner of a Canadian-registered aircraft. 6. Further to the Canadian Aviation Regulations, a corporation incorporated in Canada, but that does not meet the Canadian ownership and control requirements, may only register an aircraft for private use where a significant majority of use of the aircraft (at least 60 percent) is in Canada. 7. The Canadian Aviation Regulations also have the effect of limiting foreign-registered private aircraft registered to non-Canadian corporations to be present in Canada for a maximum of 90 days per twelve-month period. The foreign-registered private aircraft shall be limited to private use, as would be the case for Canadian-registered aircraft requiring a private operating certificate. Reservation I(B)-C-4 Sector: Communications services Sub-sector: Telecommunications Transport Networks and Services Radiocommunications Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Senior Management and Boards of Directors (Article 13.13) Level of Government: Central Measures: Telecommunications Act, S.C. 1993, c. 38 Canadian Telecommunications Common Carrier Ownership and Control Regulations, SOR/94-667 Radiocommunication Act, R.S.C. 1985, c. R-2 Radiocommunication Regulations, SOR/96-484 Description: Investment and Trade in Services 1. Foreign investment in a facilities-based telecommunications service supplier is restricted to a maximum, cumulative total of 46.7 percent voting interest, based on 20 percent direct investment and 33.3 percent indirect investment. 2. A facilities-based telecommunications service supplier must be controlled in fact by Canadians. 3. At least 80 percent of the members of the board of directors of a facilities-based telecommunications service suppliers must be Canadians. 4. Notwithstanding the restrictions described above: (a) foreign investment is allowed up to 100 percent for a supplier conducting operations under an international submarine cable licence; (b) mobile satellite systems of a foreign service supplier may be used by a Canadian service supplier to supply services in Canada; (c) fixed satellite systems of a foreign service supplier may be used to provide services between points in Canada and all points outside Canada; (d) foreign investment is allowed up to 100 percent for a supplier conducting operations under a satellite authorisation; and (e) foreign investment is allowed up to 100 percent for a facilities-based telecommunications service supplier that has revenues, including those of its affiliates, from the supply of a telecommunications service in Canada representing less than 10 percent of the total telecommunications services’ annual revenues in Canada. A facilities-based telecommunications service supplier that previously had annual revenues, including those of its affiliates, from the supply of a telecommunication service in Canada representing less than 10 percent of the total telecommunications services annual revenues in Canada may increase to 10 percent or beyond as long as the increase in revenues did not result from the acquisition of control of, or the acquisition of assets used to supply telecommunications services by, another facilities-based telecommunications service supplier that is subject to the legislative authority of the Parliament of Canada. SCHEDULE OF INDONESIA Explanatory Notes 1. Each entry sets out the following elements: (a) Sector refers to the sector for which the entry is made; (b) Subsector, refers to the specific subsector for which the entry is made; (c) Industry Classification, if referenced in either the sector or subsector row, refers to the activity covered by the non-conforming measure according to: (i) the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991); (ii) ISIC Rev. 3 which means the International Standard Industrial Classification of All Economic Activities as set out in the Statistical Papers, Series M, No. 4, ISIC Rev. 3, Statistical Office of the United Nations, New York, 1990; or (iii) Indonesian Standard of Industrial Classification (Klasifikasi Baku Lapangan Usaha Indonesia/KBLI) 2020. (d) Level of Government indicates the level of government maintaining the listed measure; (e) Type of Obligation specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7 (Trade in Services – Reservations) and Article 13.18 (Investment – Non-Conforming Measures and Exceptions), do not apply to the listed measure; (f) Description of Measure sets out the non-conforming measure for which the entry is made; (g) Source of Measure identifies the laws, regulations,or other measures for which the entry is made. A measure cited in the Source of Measure element: (i) means the measure as amended, continued,or renewed as of the date of entry into force of this Agreement; and (ii) includes any subordinate measureadopted or maintained under the authority of and consistent with the measure. 2. Entries that specify “All Sectors”, “All Services Sectors”, and “All Non-Services Sectors” in: (a) entries oneto nine of Annex I-B(Reservations for Existing Measures – standstill) apply to an investment or the supply of a service, where available, on subsectors specified in Annex I-A (Reservations for Existing Measures – ratchet), Annex I-B (Reservations for Existing Measures – standstill), and Annex II (Reservations for Future Measures), unless otherwise provided. (b) entries oneto eight of Annex II (Reservations for Future Measures) apply to an investment orthe supply of a service on subsectors specified in the list of Annex I-A(Reservations for Existing Measures – ratchet), Annex I-B (Reservations for Existing Measures – standstill), and Annex II (Reservations for Future Measures), unless otherwise provided. 3. In accordance with Article 8.7 (Trade in Services –Reservations) and Article 13.18 (Investment – Non-Conforming Measures and Exceptions), the Articles of this Agreement specified in the Type of Obligation element of an entry do not apply to the non-conforming measures identified in the Description of Measure element of that entry. 4. TheSchedule below does not include measures relating to qualification requirements and procedures, technical standards, and licence requirements and procedures when they do not constitute a national treatment or market access violation within the meaning of Article 8.3 (Trade in Services – National Treatment) or Article 8.5 (Trade in Services – Market Access). Those measures (for example, the need to obtain a licence, universal service obligations, theneed to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, or anon-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to the supply of services by a service supplier of Canada in the territory of Indonesia. 5. For the purposesof this Schedule: Double asterisk (**) after a CPC number indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. Joint Operation is an undertaking between one or more foreign and Indonesian enterprises of a temporary nature, to handle one or more projects or businesses without establishing a new statutory body in accordance with Indonesian laws. Joint Venture is a legal entity organised under Indonesian law and having its domicile in Indonesia, in the form of cooperation between foreign capital and Indonesian (national) capital. 6. In the absence of a specific reference to CPC numbers, the scope of subsectors or activities covered by an entry will be subject to relevant and applicable references. 7. In the interpretation of an entry, all elements of the entry shall be considered in their totality. 8. This note shall form part of Indonesia’s reservations. ANNEX I-B: Reservations for Existing Measures (standstill) SCHEDULE OF INDONESIA Introductory Notes 1. Indonesia’s Schedule to this Annex, pursuant to Article 8.7.2(Trade in Services – Reservations) and Article 13.18.2 (Investment – Non-Conforming Measures and Exceptions), sets out Indonesia’s existing measures that are not subject to some or all of the obligations imposed by: (a) Article 8.3 (Trade in Services – National Treatment); (b) Article 8.4 (Trade in Services – Most-Favoured-Nation Treatment); (c) Article 8.5 (Trade in Services – Market Access); (d) Article 13.6 (Investment – National Treatment); (e) Article 13.7 (Investment – Most-Favoured-Nation Treatment); (f) Article 13.12 (Investment –Performance Requirements); or (g) Article 13.13 (Investment –Senior Management and Boards of Directors). 1. Sector : All Sectors Subsector : All Subsectors Level of Government : Central Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description of Measure : Form of Establishment Investment and Trade in Services Foreign investment shall be in the form of a Limited Liability Company, unless stipulated otherwise, in accordance with Indonesia’s laws. Source of Measure : --- Law No. 25 of 2007 Concerning Investment as amended by Law No 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No 2 of 2022 Regarding Job Creation Law Law No 40 of 2007 concerning Limited Liability Company as amended by Law No 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No 2 of 2022 regarding Job Creation Law Presidential Regulation No 10 of 2021 concerning Investment Business Sector as amended by Presidential Regulation No. 49 of 2021 2. Sector : All Sectors Subsector : All Subsectors Level of Government : Central Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Description of : Registration Requirements for the Establishment of Measure Foreign Investment Investment and Trade in Services Foreign investment shall have a total investment value of more than IDR 10 billion (excluding land and buildings) for each business field in each location, unless otherwise required by the specific sector in accordance with Indonesia’s laws and regulations. In addition, foreign investment shall have the issued capital or paid-up capital of at least IDR 10 billion, unless otherwise stipulated in any Indonesia’s laws and regulations, except in sectors and subsectors where Indonesia has made commitments under GATS. Source of Measure : -Law No. 25 of 2007 concerning Investment as amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 Regarding Job Creation Law -Law No. 7 of 1994 concerning The Ratification of the Agreement Establishing The World Trade Organization -Government Regulation No.5 of 2021 Concerning Implementation Risk-Based Business Licensing -Investment Coordinating Board Regulation No. 4 of 2021 Concerning Guidelines and Procedure Business Licensing Services and Investment Facilities -Presidential Regulation No. 10 of 2021 concerning Investment Business Fields as amended by Presidential Regulation No. 49 of 2021 3. Sector : All Sectors Subsector : All Subsectors Level of Government : Central Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Description of Measure : Acquisition or Lease of Land Investment and Trade in Services The right of ownership of land is restricted to Indonesian nationals only. Foreign natural and juridical persons may acquire land, building, or property with a specific title, subject to the permission by the relevant authorities in accordance with Indonesia’s law and regulations, on the basis of the following rights: (a) Leasehold (hak guna usaha), granted to a foreign company for a maximum period of 35 years and may be extended for a further period of 25 years; (b) Building rights (hak guna bangunan), granted to a foreign company for a maximum period of 30 years and may be extended for a further period of 20 years; (c) Right of use (hak pakai), granted to a foreign national that is a foreign investor or a foreign company for a maximum period of 30 years and may be extended for a further period of 20 years; (d) Right of lease (hak sewa), granted to a foreign national or a foreign company for a definite period as may be agreed by the parties. Specific rules apply to the ownership of building and limited property rights in the specific geographic regions designated for local communities. Source of Measure : -Law No. 5 of 1960 Concerning Basic Regulations on Agrarian Principles -Law No. 25 of 2007 concerning Investment as amended by Law No. 6 of 2023 Concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 regarding Job Creation Law -Government Regulation No. 18 of 2021 Concerning Management Rights, Land Rights, Flats and Land Registration 4. Sector : All Sectors Subsector : All Subsectors Level of Government : Central Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description of Measure : Investment and Trade in Services Indonesia requires public electronic system operators to manage, use, or locate computing facilities in its territory as a condition for the conduct of business in Indonesia, and to store and process certain information in Indonesia, when that business is performed for and on behalf of government authorities. Indonesia requires private electronic system operators to provide access to electronic system and data for the purpose of law enforcement to ensure compliance with domestic laws and regulations, if that measure is in accordance with due process of law. Source of Measure : -Government Regulation No. 71 of 2019 concerning Operation of Electronic System and Transaction 5. Sector : All Sectors Subsector : All Subsectors Level of Government : Central Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Boards of Directors (Article 13.13) Description of Measure : Investment and Trade in Services The obligations imposed by Article 8.3 (Trade in Services – National Treatment) and Article 13.6 (Investment – National Treatment) do not apply in the event that activities restricted to designated enterprises are liberalised to those other than the designated entities, or in the event that the designated enterprises no longer operate on a non-commercial basis. For example, designated entities may include the State Forestry Public Enterprise denoted as Perum PERHUTANI and the National Money Printing Public Enterprise denoted as Perum PERURI. Source of Measure : -Government Regulation No. 72 of 2010 Concerning State forestry of Public Company -Government Regulation No. 23 of 2021 concerning Forest Management -Government Regulation No. 23 of 2022 concerning Amendment of Government Regulation No. 45 of 2005 concerning Establishment, Management, Supervision, and Dismissal of State-Owned Enterprise 6. Sector : All Sectors Subsector : All Subsectors Level of Government : Central Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Board of Directors (Article 13.13) Description of Measure : Investment and Trade in Services Any conditions imposed in approval for licenses or permits that are in existence prior to the date of entry into force of this Agreement shall continue to apply and any changes to such conditions shall be subject to new approval. Source of Measure : -Presidential Regulation No. 10 of 2021 concerning Investment Business Fields as amended by Presidential Regulation No. 49 of 2021 7. Sector : All Non-Services Sectors Subsector : All Non-Services Subsectors Level of Government : Central Type of Obligation : National Treatment (Article 13.6) Description of Measure : Investment As may be required by the relevant regulatory authorities, and subject to prior notification before the grant of a licence, foreign investors that own 100 percent equity participation in a company, after a certain period following the commencement of commercial production, shall sell a part of the company’s shares to domestic investors. In the case of the Mineral and Coal Mining subsector, a mining business licence (Izin Usaha Pertambangan) for foreign investment shall be granted by the Minister of Investment and verified by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. Subject to prior notification before the grant of a mining business licence (Izin Usaha Pertambangan), after a certain period of years following the commencement of production, foreign shareholders of a foreign investment shall sell their shares gradually to Indonesian shareholders according to the following order of priority: central government; local government; state-owned enterprises (Badan Usaha Milik Negara); regional-owned enterprises (Badan Usaha Milik Daerah) or national private business entity. The shares held by Indonesian shareholders shall reach a majority shareholding in the company after a certain period of years following the commencement of production. Source of Measure : ---- Law No. 25 of 2007 concerning Investment as amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation Law Law No. 4 of 2009 concerning Mineral and Coal Mining as amended by Law No. 3 of 2020 and Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 Concerning Job Creation Law Law No. 1 of 2014 concerning Management of Coastal Areas and Small Islands as amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation Law Government Regulation No. 20 of 1994 concerning Share Ownership in a Company Established as a Foreign investment as amended by Government Regulation No. 83 of 2001 8. Sector : All Sectors Subsector : All Subsectors Level of Government : Central and Regional Type of Obligation : Performance Requirements (Article 13.12) Description of Measure : Investment and Trade in Services All existing non-conforming measures. For the purposes of this entry, the following is an example of a measure that does not conform with Article 13.12 (Investment – Performance Requirements):1 Construction services and Professional services related to construction In providing services, a Joint Operation shall comply with the following requirements: (i) at least 50 percent of the value of the services shall be conducted in Indonesia; and (ii) at least 30 percent of the value of the services shall be conducted by the local partner(s) in the Joint Operation. Source of Measure : -All existing non-conforming measures 1 For greater certainty, thisis only oneexample of an existing measure that does not comply with the obligation set out in Article 13.12 (Investment – PerformanceRequirements. 9. Sector : All Sectors Subsector : All Subsectors Level of Government : Regional Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Boards of Directors (Article 13.13) Description of Measure : Investment and Trade in Services All existing non-conforming measures of a province. Source of Measure : -All existing non-conforming measures of a province. 10. Sector : Professional Services Subsector : Legal Services (CPC 861) Level of Government : Central Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description of Measure : Trade in Services -A foreign advocate (professional foreign lawyer) is obliged to transfer at least 100 hours each year of knowledge to education, legal research, or government institutions, free of charge. -The share of professional foreign lawyer working in an Indonesian law firm must not exceed 20 percent, and shall be limited to five professional foreign lawyers per firm. Source of Measure : -Law No. 18 of 2003 concerning Advocate -Minister of Law and Human Rights Regulation No. 26 of 2017 concerning Requirements and Procedures to Employ Foreign Lawyers and Obligation to Provide Pro Bono Law Services towards Education and Law Research 11. Sector : Maritime Transport Services Subsector : (a) International Passenger Transport2 (CPC 7211) (b) International Freight Transport (CPC 7212) (excluding cabotage) Level of Government : Central Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Market Access (Article 8.5) Description of Measure Trade in Services A foreign shipping enterprise can only provide international passenger transportation services to and from seaports and special ports that are open for foreign trade3 and is required to appoint an Indonesian shipping enterprise or shipping agent enterprise as its General Agent. A foreign service supplier is permitted to establish a commercial presence through a Joint Jenture with foreign equity participation not exceeding 49 percent. The Joint Venture must own and operate an Indonesian-flagged vessel with a minimum 50,000 gross tonnage for each vessel and crewed by Indonesian nationals. 2 International passenger transport may haveaccess to and use of port facilities in the port which isopened for international shipping. 3 Seaports and special ports that areopento internationaltrade subject toprevailing laws and regulations at thetimeof supplying services. : For the cross-border supply of maritime transport services, any person is obliged to use a vessel owned by or leased to an Indonesian vessel company and Indonesian insurance only if: -Exporting coal or Crude Palm Oil (CPO) with capacity up to 10,000 DWT (deadweight tonnage); or -Importing rice or government procurement goods with capacity up to 10,000 DWT (deadweight tonnage). Source of Measure : -Law No. 17 of 2008 concerning Shipping Law -Law No. 66 of 2024 concerning The Amendment to Law No. 17 of 2008 concerning Shipping Law -Government Regulation No. 20 of 2010 concerning Sea Transport as amended by Government Regulation No. 22 of 2011 -Government Regulation No. 31 of 2021 concerning Shipping -Presidential Regulation No. 49 of 2021 Amendment to Presidential Regulation Number 10 of 2021 concerning Investment Business Field -Minister of Trade Regulation No. 65 of 2020 Concerning the amendment of Minister of Trade Regulation No. 40 of 2020 concerning Provisions for the Use of Sea Transportation and National Insurance for the Export and Import of Certain Goods 12. Sector : Professional Services Subsector : Architectural Services (CPC 8671) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description of Measure : Trade in Services With respect to commercial presence: (a) a service supplier is required to establish a partnership with a local partner(s) that has “qualification Big” (kualifikasi besar) in the form of a Joint Operation or Joint Venture; and (b) if through Joint Venture company, foreign equity participation not exceeding 67 percent. With respect to movement of natural persons: (a) A foreign architect who will provide services in Indonesia must have a partnership with an Indonesian architect. (b) A foreign architect must fulfil the following requirements: -must be registered in the home country; -architectural plan must be approved by licensed Indonesian architect; -must be registered in Indonesia with validity for one year, with the possibility of extension; and -must transfer expertise and knowledge: • to Indonesia architects; • by developing and enhancing architectural practice in the workplace; and • providing education or training to education, research, or development institutions in the field of architecture. Source of Measures : ---- Law No. 2 of 2017 concerning Construction Services Law No. 6 of 2017 concerning Architect Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence Presidential Regulation No. 49 of 2021 Amendment to Presidential Regulation No. 10 of 2021 concerning Investment Business Field 13. Sector : Professional Services Subsector : (a) Engineering Services (CPC 8672 excluding CPC 86721, 86725, 86726) (b) Integrated Engineering Services (CPC 8673) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description of Measure : Trade in Services With respect to commercial presence: (a) a service supplier is required to establish a partnership with a local partner(s) that has “qualification Big” (kualifikasi besar) in the form of a Joint Operation or Joint Venture; and (b) if through Joint Venture company, foreign equity participation not exceeding 67 percent. With respect to movement of natural persons: (a) A foreign engineer is subject to transfer of knowledge and technology requirements that include: -developing and improving engineering services in their workplace; -transferring skills and knowledge to Indonesian engineers; and -providing education or training to education, research, or development institutions in the field of engineering. (b) A foreign engineer must fulfil the following requirements: -be registered in the home country; and -be registered and licensed in Indonesia. Source of Measure : -Law No. 2 of 2017 concerning Construction Services -Law No. 11 of 2014 concerning Engineering -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -Presidential Regulation No. 49 of 2021 Amendment to Presidential Regulation No. 10 of 2021 concerning Investment Business Field 14. Sector : Professional Services Subsector : Urban Planning Services (CPC 86741) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description of Measure : Trade in Services With respect to commercial presence: (a) a service supplier is required to establish a partnership with a local partner(s) that has “qualification Big” (klasifikasi besar) in the form of a Joint Operation or Joint Venture; and (b) if through Joint Venture company, foreign equity participation not exceeding 67 percent. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -Presidential Regulation No. 49 of 2021 Amendment to Presidential Regulation No. 10 of 2021 concerning Investment Business Field 15. Sector : Research and Development Services (R&D) Subsector : (a) R&D services on natural sciences (CPC 851), only on physical sciences and medical sciences and pharmacy (b) R&D services on Social Sciences and Humanities, excluding psychologist services (CPC 852) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description of Measure : Trade in Services Cross-border supply and consumption abroad are permitted subject to a requirement to obtain an ethic clearance and research permit. In addition, commercial presence shall be in the form of a Joint Operation, subject to the following conditions: (a) a Canadian research institution and a Canadian researcher are required to obtain ethical clearance and a research permit for each project. The application to obtain the clearance and permit is submitted to the National Research and Innovation Agency (Badan Riset dan Inovasi Nasional .BRIN); (b) the Canadian research institution is required to engage an Indonesian research institution or higher education institution; (c) subject to technology transfer requirement; and (d) the transfer of materials outside the territory of Indonesia may only be conducted to the extent that the material being tested cannot be tested in Indonesia and must be done through a transfer agreement. Source of Measure : -Law No. 11 of 2019 concerning National System of Science and Technology -National Research and Innovation Agency Regulation No. 22 of 2022 concerning Research Ethical Clearance -Head of National Research and Innovation Agency Decree No. 171 of 2024 concerning Guidelines for Transfer of Materials 16. Sector : Research and Development (R&D) Services Subsector : (a) Interdisciplinary R&D (CPC 853, limited to industrial activities) (b) Research and experimental development services on linguistic and languages (CPC 85204), limited to foreign language only Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description : Trade in Services Cross-border supply and consumption abroad are permitted subject to a requirement to obtain an ethic clearance and research permit. In addition, commercial presence shall be in the form of a Joint Operation, subject to the following conditions: (a) a Canadian research institution and a Canadian researcher are required to obtain ethical clearance and a research permit for each project. The application to obtain the clearance and permit is submitted to the National Research and Innovation Agency (Badan Riset dan Inovasi Nasional .BRIN); (b) the Canadian research institution is required to engage an Indonesian research institution or higher education institution; (c) subject to technology transfer requirement; and (d) granting a licence for a foreign service supplier will be subject to an assessment on the object, area, and period of research pursuant to applicable laws and regulation at the time of application. Source of Measures : -Law No. 11 of 2019 concerning National System of Science and Technology -National Research and Innovation Agency Regulation No. 22 of 2022 concerning Research Ethical Clearance 17. Sector : Construction and Related Engineering Services Subsector : (a) Pre-erection Work at Construction Site (CPC 511) excluding Site Investigation Work (CPC 51110) and Site Formation and Clearance Work (CPC 51113) (b) Construction Work for Buildings (CPC 512) excluding one.and two-dwelling buildings (CPC 51210) (c) Construction Work for Civil Engineering (CPC 513) (d) Assembly and Erection of Prefabricated Constructions (CPC 514) (e) Special Trade Construction (CPC 515) (f) Installation Work (CPC 516) (g) Building Completion and Finishing Work (CPC 517) (h) Renting Services Related Equipment for Construction or Demolition of Building or Civil Engineering Works with Operator (CPC 518) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description 8192 : Trade in Services With respect to commercial presence: (a) a service supplier is required to establish a partnership with a local partner(s) that has “qualification Big” (klasifikasi besar) in the form of a Joint Operation or Joint Venture; and (b) if through Joint Venture company, foreign equity participation not exceeding 67 percent. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -Presidential Regulation No. 49 of 2021 Amendment to Presidential Regulation No. 10 of 2021 concerning Investment Business Field 18. Sector : Distribution Services Subsector : Wholesale Trade Services of all varieties of consumer goods, limited to modern market, with minimum space above 5,000 square meter (KBLI 46900) Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description : Trade in Services Commercial presence shall be in the form of a Joint Venture, subject to the following conditions: (a) must comply with the obligation to provide domestic products as traded goods and cooperate with Indonesian small and medium-sized enterprises acting as supplier and retailer; and (b) A foreign service supplier is only allowed to have a maximum of 150 stores, otherwise the foreign service supplier is required to franchise any additional stores, or to establish a Joint Venture with a local partner or a partnership with a small and medium-sized enterprise, in accordance with prevailing laws and regulations. Source of Measure : -Government Regulation No. 29 of 2021 concerning the Implementation of the Trade Sector -Minister of Trade Regulation No. 23 of 2021 concerning Guidelines on Expansion, Arrangement, and Development of Shopping Centers and Retail Stores -Minister of Trade Regulation No. 18 of 2022 concerning The Amendment Minister of Trade Regulation No. 23 of 2021 concerning Guidelines on Expansion, Arrangement, and Development of Shopping Centers and Retail Stores 19. Sector : Distribution Services Subsector : Direct Selling (Multi and Single Level Marketing) (KBLI 47999) Type of Obligation : National Treatment (Article 8.3) National Treatment (Article INV 13.6) Senior Management and Boards of Directors (Article 13.13) Description : Trade in Services Commercial presence shall be in the form of a Joint Venture, subject to the following conditions: (a) a foreign service supplier is expected to join an Indonesian Direct Selling Association; and (b) a foreign service supplier is subject to the requirement to have at least one Indonesian director and one Indonesian commissioner. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -Government Regulation No. 29 of 2021 concerning the Implementation of the Trade Sector 20. Sector : Distribution Services Subsector : Franchising (CPC 89290) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier shall be in the form of a Joint Venture, subject to the following conditions: (a) whether commercial presence is permitted depends on the business sector or sub-sector that is franchised; (b) it must register intellectual property rights; (c) it must have run the business that will be franchised for at least three years. Source of Measures : -Government Regulation No. 35 of 2024 concerning Franchise 21. Sector : Distribution Services Subsector : Retail: Hypermarket (with minimum space above 5,000 square meter) Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description : Trade in Services Commercial presence shall be in the form of a Joint Venture, subject to the following conditions: (a) a licence requirement for a foreign service supplier may vary from that applicable to an Indonesian service supplier; (b) a foreign service supplier has an obligation to provide domestic products as traded goods and cooperate with Indonesian small and medium-sized enterprises acting as supplier and retailer; (c) a foreign service supplier is only allowed to have a maximum of 150 stores, otherwise the foreign service supplier is required to franchise any additional stores, or to establish a Joint Venture with a local partner or a partnership with a small and medium-sized enterprise, in accordance with prevailing laws and regulations; and (d) a foreign natural person is subject to an obligation to have a certificate of competence in Indonesia regarding its assigned working positions. Source of Measure : --- Government Regulation No. 29 of 2021 concerning the Implementation of the Trade Sector Minister of Trade Regulation No. 23 of 2021 concerning Guidelines on Expansion, Arrangement, and Development of Shopping Centers and Retail Stores Minister of Trade Regulation No. 18 of 2022 concerning The Amendment Minister of Trade Regulation No. 23 of 2021 concerning Guidelines on Expansion, Arrangement, and Development of Shopping Centers and Retail Stores 22. Sector : Distribution Services Subsector : Retail (a) Supermarket with minimum space above 1,200 square meter (b) Department Store with minimum space above 2,000 square meter Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description : Trade in Services Commercial presence shall be in the form of a Joint Venture, subject to the following conditions: (a) a licence requirement for a foreign service supplier may vary from that applicable to an Indonesian service supplier; (b) a foreign service supplier has an obligation to provide domestic products as traded goods and cooperate with Indonesian small and medium-sized enterprises acting as supplier and retailer; (c) a foreign service supplier is only allowed to have a maximum of 150 stores, otherwise the foreign service supplier is required to franchise any additional stores, or to establish a Joint Venture with a local partner or a partnership with a small and medium-sized enterprise, in accordance with prevailing laws and regulations; (d) a department store shall be integrated with a mall or shopping center that has obtained a permit; and (e) a foreign natural person is subject to an obligation to have a certificate of competence in Indonesia regarding its assigned working positions. Source of Measure : --- Government Regulation No. 29 of 2021 concerning the Implementation of the Trade Sector Minister of Trade Regulation No. 23 of 2021 concerning Guidelines on Expansion, Arrangement, and Development of Shopping Centers and Retail Stores Minister of Trade Regulation No. 18 of 2022 concerning The Amendment Minister of Trade Regulation No. 23 of 2021 concerning Guidelines on Expansion, Arrangement, and Development of Shopping Centers and Retail Stores 23. Sector : Tourism and Travel Related Services Subsector : Hotels (Only for 3-, 4-, and 5-star hotels) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, subject to an economic needs test and prevailing laws and regulations. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -All existing non-conforming measures at the regional level of government. 24. Sector : Tourism and Travel Related Services Subsector : (a) Meal Serving Services with Full Restaurant Services (CPC 64210) (b) Beverage Serving Services without Entertainment (CPC 64310) (c) Beverage Serving Services with Entertainment (CPC 64320) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, and licence requirements may vary from those applicable to Indonesian service suppliers. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence 25. Sector : Tourism and Travel Related Services Subsector : Tourist Resorts4 including hotel (3, 4, and 5 stars), excluding marina facilities and hotel management Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, subject to economic needs test and prevailing laws and regulations. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -All existing non-conforming measures at the regional level of government 4 A Tourist Resort is an area built to accommodate the facilitiesneeded for tourists such as hotels, marinas, golf courses, cultural open stages, andother facilities, except casinosand other activities prohibited by lawfor reasons of public morals, religion, security,and public order. 26. Sector : Recreational, Cultural, and Sporting Services, excluding Audio Visual Services Subsector : Marina Facilities Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, and licence requirements may vary from those applicable to Indonesian service suppliers. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence 27. Sector : Recreational, Cultural, and Sporting Services, excluding Audio Visual Services Subsector : Hotel management (KBLI 55900) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, and licence requirements may vary from those applicable to Indonesian service suppliers. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence 28. Sector : Tourism and Travel Related Services Subsector : Tour Operator (CPC 74710**) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, subject to economic needs test and prevailing laws and regulations. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -All existing non-conforming measures at the regional level of government 29. Sector : Recreational, Cultural and Sporting Services, excluding Audio Visual Services Subsector : Golf Courses and Other Facilities within the Tourist Resorts (CPC 96413) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, subject to economic needs test and prevailing laws and regulations. Source of Measure : -Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licence -All existing non-conforming measures at the regional level of government 30. Sector : Transportation Services Maritime Transportation Services Subsector : Vessel Salvage and Refloating Services (CPC 7454) (excluding cabotage) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier shall be in the form of a Joint Venture, subject to the following conditions: (a) with foreign equity participation not exceeding 49 percent; (b) every salvage activity shall obtain permit from the Directorate General of Maritime Transportation; and (c) licence requirements for foreign service suppliers may vary from those applicable to Indonesian service suppliers. Source of Measure : -Law No. 17 of 2008 concerning Shipping Law -Law No. 66 of 2024 concerning The Amendment to Law No. 17 of 2008 concerning Shipping Law -Government Regulation No. 31 of 2021 concerning Shipping -Minister of Transportation Regulation No. 2 of 2021 concerning Procedures and Requirements for Granting Approval to Use Foreign Ships for Other Activities in Indonesian Waters Territory excluding Activities to Transport Passengers and Goods -Minister of Transportation Regulation No. 33 of 2016 concerning the Amendment of Minister of Transportation Regulation No. 71 of 2013 concerning Salvage or Underwater Work 31. Sector : Transportation Services Subsector : Road Freight Transportation (CPC 7123) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, and subject to obtaining a standard certificate and operational permit. Source of Measure : -Law No. 22 of 2009 concerning Road Traffic and Transportation -Government Regulation No. 74 of 2014 concerning Road Transportation -Minister of Transportation Regulation No. 60 of 2019 concerning Operation of Road Freight Transportation 32. Sector : Transportation Services Subsector : Supporting Services for Road Transport: -Road transport station services, including parking services, public transport scheduling, ramp check, passenger activities (KBLI 52211) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description : Trade in Services Commercial presence by a foreign service supplier is permitted in the form of a Joint Venture, and subject to the following conditions: (a) the services provided by a foreign service supplier are limited to supporting services in a road transport station; (b) a licence requirement for a foreign service supplier may vary from that applicable to an Indonesian service supplier. The licence is issued by the Ministry of Transportation; and (c) 30 percent of the area of a road transport station shall be allocated to small and medium-sized enterprises. Source of Measure : -Law No. 22 of 2009 concerning Road Traffic and Transportation -Government Regulation No. 74 of 2014 concerning Road Transportation -Minister of Transportation Regulation No. 15 of 2019 concerning Public Road Passenger Transportation -Minister of Transportation of Regulation No. 24 of 2021 concerning Operation of Road Transport Station 33. Sector : Transportation Services Subsector : Supporting Services for Road Transport: -Other supporting services for road transport, only for periodic inspection services (KBLI 71203) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Commercial presence is permitted by a foreign service supplier in the form of a Joint Venture, and subject to the following conditions: (a) accessor, test equipment, and facilities shall be accredited by the Ministry of Transportation; (b) a licence requirement for a foreign service supplier may vary from that applicable to an Indonesian service supplier. The licence is issued by the Ministry of Transportation. Source of Measure : -Law No. 22 of 2009 concerning Road Traffic and Transportation -Government Regulation No. 55 of 2012 concerning Vehicle -Government Regulation No. 74 of 2014 concerning Road Transportation -Minister of Transportation Regulation No. 19 of 2021 concerning Periodic Inspection for Motor Vehicle 34. Sector : Fishery Sub-Sector : Capture Fisheries Type of Obligation : National Treatment (Article 13.6) Description : Investment Indonesia reserves the right to maintain an existing measure with respect to capture fisheries. Source of Measure : -Law No. 31 of 2004 concerning Fishery as amended No. 45 of 2009, and further amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation into Law -Law No. 5 of 1983 concerning Indonesia’s Exclusive Economic Zone -Government Regulation No. 85 of 2021 concerning Types and Tariffs for Types of Non-tax State Revenues Applicable at the Ministry of Marine Affairs and Fisheries -Government Regulation of The Republic of Indonesia No. 11 of 2023 Concerning Quota-Based Capture Fisheries Policy -Presidential Regulation No. 38 of 2015 concerning Cooperation Between Government and Companies on Infrastructure Provision -Regulation of the Minister of Marine Affairs and Fisheries of the Republic of Indonesia No. 58/PERMEN-KP/2020 concerning Capture Fishery Business -Government Policy 35. Sector : Mining & Quarrying Subsector : - Level of Government : Central Type of Obligation : National Treatment (Article 13.6) Description of Measure : Investment The establishment and operation of foreign investment in the following business fields is prohibited for foreign investors: -Sea sand extraction -Rock mining and quarrying Source of Measure : -Law No. 4 of 2009 concerning Mineral and Coal Mining as amended by Law No. 3 of 2020, and further amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation Law -Government Regulation No. 25 of 2024 concerning the amendment of Government Regulation No. 96 of 2021 concerning the Implementation of Mineral and Coal Mining Activities 36. Sector : Manufacturing Subsector : - Level of Government : Central Type of Obligation : National Treatment (Article 13.6) Description of Measure : Investment Foreign investors are prohibited from establishing the following lines of business in Indonesia: (a) Reserved for micro, small, and medium-sized enterprises and cooperatives: • Fish processing: boiling fish (ISIC 1512) • Manufacture of processed food from soybean: soybean tempeh manufacture; soybean tofu manufacture (ISIC 1513, 1549); • Manufacture of crackers (krupuk), flakes (keripik), fried and flavoured biscuits (peyek) and the likes (ISIC 1513, 1514, 1549); • Manufacture of palm sugar, Javanese sugar or red sugar (ISIC 1542); • Manufacture of prepared meal and dishes: Rendang or meat dishes (ISIC 1511, 1549); • Weaving of textiles industry, not included weaving of gunny sacks or other sacks (ISIC 1711, 1721, 1729), which include: -Weaving of Songket industry; -Weaving of Ulos industry; -Weaving of Cual industry; -Weaving of Ulap Doyo industry; -Weaving of Tenun Grinsing industry; -Weaving of Tenun Tapis industry. • Tied woven fabrics (kain tenun ikat) industry (ISIC 1711, 1721, 1729); • Embroidery/embroidery fabric industry (ISIC 1729) which include: -Karawo fabric industry; -Karancang fabric industry; -Sulam usus fabric industry; -Other industry of embroidered fabrics that are not made by machine. • Batik industry: (ISIC 1712, 1729) -Hand painted batik industry; -Combination of hand painted and stamped batik industry. • Traditional clothing industries from textiles/fabric and clothing accessory industries from textiles (ISIC 1810), which include: -Peci/Kopiah/Songkok industry; -Traditional headband industry; -Traditional belt industry; -Mukena-making industry. • Handicrafts industry: rattan and bamboo plait industry; plait industry with plant other than rattan and bamboo (which include pandan, agel, mendong, ketak, purun, eceng gondok, keladi air); carving handicraft from wood, except furniture industry (which include wood carving, relief sculpture, mask, statue, wayang); kitchen household industry from wood, rattan and bamboo; wood, rattan, cork products industry that is not classified elsewhere (ISIC 2029, 3699); • Traditional musical instruments industry (ISIC 3692), which include: -Angklung from West Java; -Gordang Sembilan from North Sumatra; -Dambus from Bangka Belitung; -Kolintang from Minahasa; -Gendang Beleq from NTB; -Sasando from NTT; -Tifa from Papua • Rubber curing industry (ISIC 2519); • Clay/ceramic made household necessities industry especially pottery and decorative ceramic (ISIC 2691); • Non-power-driven cutting tools and hand tools for agriculture from metal (ISIC 2893), namely: Hoe, Shovel, Plow, Rake Shovel, Sickle, Ketam, Dodos, Egreg, Rubber Tapping Knife; • Manual or semi mechanical processed hand-tools industry for handwork and cutting (ISIC 2893); • General tools industry (ISIC 2893), including: -Keris; -Rencong; -Mandau; -Kujang; -Badik; -Tombak; • Other traditional tools/weapons • Maintenance and repair of motorcycles other than those integrating with sale of motorcycles (agents or distributor) (ISIC 5040); • Repair of personal and household goods and home and garden equipment (ISIC 3610, 5260); • Salt processing industry that acquires geographical indication (ISIC 1549, 2429) which include: -Amed Bali Salt; -Gunung Krayan Salt; -Kusamba Bali Salt (b) 100 percent domestic equity participation: • Stamped batik industry (ISIC 1712); • Traditional medicines processing and industry (ISIC 2423); • Manufacture of raw materials for traditional medicines for humans (ISIC 2423); • Coffee processing industry that acquires geographical indication (ISIC 1549); • Manufacture of wooden goods (construction material industry) (ISIC 2022, 2029); • Traditional cosmetics industry (ISIC 2424); Manufacture of ships: Pinisi, Cadik, and other wooden ships with distinctive traditional designs (ISIC 3511, 3512). Source of Measure : -Law No. 25 of 2007 Concerning Investment -Law No. 39 of 2014 Concerning Plantations -Presidential Regulation No. 10 of 2021 concerning Investment Business Fields as amended by Presidential Regulation No. 49 of 2021 -Presidential Decree No. 21 of 2001 Concerning Lubricant Supply and Services 37. Sector : Agriculture Subsector : - Level of Government : Central Type of Obligation : National Treatment (Article 13.6) Description of Measure : Investment Foreign investors are prohibited from establishing the following businesses in Indonesia: (a) Reserved for micro, small, and medium-sized enterprises and cooperatives: • For each individual crop cultivation in an area less than 25 hectares: -Staple food crops (rice, corn, soybeans, groundnuts, green beans, cassava and sweet potatoes) and other food crops not classified elsewhere (ISIC 0111, 0112, 0113, 0200). • For each individual plantation business in an area less than 25 hectares: -Other sweetener crops, sugar cane, tobacco, textile raw materials and cotton, cashews, coconut palms, oil palms, beverage crops (tea, coffee and cocoa), peppercorns, cloves, essential oil crops, medicinal or pharmaceutical crop, other spice crops, rubber and other trees for extraction of sap, fodder crops, cover crops, other seasonal crops, dates, other oil-producing crops, bit, olives, other plantation farming (ISIC 0111, 0112, 0113, 0200). Source of Measure : -------- Law No. 39 of 2014 concerning Plantations as amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation Law Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licensing Government Regulation No. 18 of 2010 concerning Plant Cultivation Business Government Regulation No. 26 of 2021 concerning Implementation of The Agricultural Sector Presidential Regulation No. 10 of 2021 concerning Investment Business Fields as amended by Presidential Regulation No. 49 of 2021 Agriculture Minister Regulation No. 98 of 2013 concerning Guidance of Plantation Business Licence as amended by Agriculture Minister Regulation No. 21 of 2017 concerning the Second Amendment of Regulation No. 98 of 2013 Agriculture Minister Regulation No. 39 of 2010 concerning the Guidelines on Business Licensing for Staple Crops Cultivation Government Policy 38. Sector : Forestry Subsector : - Level of Government : Central Type of Obligation : National Treatment (Article 13.6) Description of Measure : Investment Foreign investors are prohibited from establishing the following businesses in Indonesia: (a) Reserved for micro, small, and medium-sized enterprises and cooperatives: • Collecting forest products: shellac, agarwood, palm sugar, incense, masohi bark, lawang bark, cinnamon, other resins, swiftlet’s nest in nature, honey (ISIC 0122, 0200); • Collecting forests plants: rattan (ISIC 2010), pine sap (oleo pine resin) (ISIC 0200), bamboo (ISIC 0200), wood rosin or shorea javanica (damar) (ISIC 0200), eaglewood or Aquilaria malaccensis (gaharu), cajuput/eucalyptus leaves (ISIC 0200); • Collecting silkworm cocoon (natural silk farming) (ISIC 0122) (b) 100 per cent domestic equity participation: • Water provisioning in conservation area (ISIC 0200); • Water energy provisioning in conservation area (ISIC 0200); -Capturing and trading of wild plants and wild animal from the natural wildlife habitat (ISIC 0150). Source of Measure : -------- Law No. 41 of 1999 concerning Forestry as amended by Law No. 19 of 2004 and further amended by Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation Law Law No. 5 of 1990 concerning Conservation of Natural Resources and Its Ecosystems Government Regulation No. 5 of 2021 concerning Implementation of Risk-Based Business Licensing Government Regulation No. 23 of 2021 concerning Forestry Management Government Regulation No. 36 of 2010 concerning Natural Tourism Concession in the National Park Utilization Zone, Grand Forest Park, Nature Tourism Park Government Regulation No. 8 of 1999 concerning Utilization of Plant and Wild Animal Species Presidential Regulation No. 10 of 2021 concerning Investment Business Fields as amended by Presidential Regulation No. 49 of 2021 Government Policy 39. Sector : Mining and Quarrying Sub-Sector : - Type of Obligation : National Treatment (Article 13.6) Level of Government : Central Description of Measure : Investment Mining Business Licence Area (hereinafter referred to as “WIUP”), refers to an area given to the holder of a Mining Business Licence. A foreign investor or a juridical person of the other Party seeking to make an investment in Indonesia is prohibited from participating in the auction of metallic mineral and coal WIUP with a size equal to or under 2,000 hectares. Source of Measure : -Law No. 4 of 2009 concerning Mineral and Coal Mining as amended by Law No. 3 of 2020 and Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation Law -Government Regulation No. 96 of 2021 concerning the Implementation of Mineral and Coal Mining Activities -Minister of Energy and Mineral Resources Regulation No. 7 of 2020 concerning the Procedure for Granting Area, Licence, and Reporting on Mineral and Coal Mining Activities as amended by Minister of Energy and Mineral Resources Regulation No. 16 of 2021 40. Sector : Manufacturing, Agriculture, Fishery, Forestry Subsector : - Level of Government : Central Type of Obligation : National Treatment (Article 13.6) Most-Favoured Nation Treatment (Article 13.7) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description of Measure : Investment Indonesia reserves the right to maintain existing measures on the following lines of business: • Cultivation and manufacture of class I narcotics (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, or calcium, aquarium, and souvenirs or jewellery as well as living coral or dead coral (recently dead) coral from nature (ISIC 0500); • Industrial chemical industry and Ozone Depleting Substances (BPO) industry (ISIC 2411); • Chemical weapon industry (ISIC 2411); • Alcoholic hard liquor industry (ISIC 1551); • Alcoholic beverages industry: wine (ISIC 1552); • Malt beverages industry (ISIC 1553). Source of Measure : -Law No. 6 of 2023 concerning Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 concerning Job Creation Law -Presidential Regulation No. 10 of 2021 concerning Investment Business Fields as amended by Presidential Regulation No. 49 of 2021 -Government Policy 41. Sector : Energy Subsector : Electricity provision for power plant with less than 1 megawatt capacity Level of Government : Central Type of Obligation : National Treatment (Article 13.6) Description of Measure : Investment Indonesia reserves the right to maintain existing measures with respect to investment in electricity provision for a power plant with less than 1 megawatt capacity. Source of Measure : -Presidential Regulation No. 10 of 2021 concerning Investment Business Fields as amended by Presidential Regulation No. 49 of 2021 ANNEX II: Reservations for Future Measures SCHEDULE OF CANADA Introductory Notes 1. Canada’s Schedule to this Annex sets out, in accordance with Article 8.7.3(Trade in Services – Reservations) and Article 13.18.3 (Investment – Non-Conforming Measures and Exceptions), the specific sectors, subsectors, or activities for which Canada may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by: (a) Article 8.3 (Trade in Services –National Treatment) or 13.6 (Investment – National Treatment); (b) Article 8.4 (Trade in Services –Most-Favoured-Nation Treatment) or 13.7 (Investment – Most-Favoured-Nation Treatment); (c) Article 13.12 (Investment –Performance Requirements); (d) Article 13.13 (Investment –Senior Management and Boards of Directors); or (e) Article 8.5 (Trade in Services –Market Access). 2. Each Schedule entry sets out the following elements: (a) Sector refers to the sector for which the entry is made; (b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made; (c) Obligations Concerned specifies the obligation(s) referred to in paragraph 1 that, pursuant to Articles 8.7 (Trade in Services – Reservations) and 13.18 (Investment – Non-Conforming Measures and Exceptions), do not apply to the sectors, subsectors, or activities listed in the entry; (d) Description sets out the scope or nature of the sectors, subsectors, or activities covered by the entry to which the reservation applies; and (e) Existing Measures identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors, or activities covered by the entry. 3. For greatercertainty, in the interpretation of an entry, all elements of the entry shall be considered, and the Description element prevails over all other elements. 4. In accordance with Articles 8.7 (Trade in Services –Reservations) and 13.18 (Investment – Non-Conforming Measures and Exceptions), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors, and activities identified in the Description element of that entry. Reservation II-C-1 Sector: Aboriginal Affairs Sub-sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description: Investment and Trade in Services Canada reserves the right to adopt or maintain measures with respect to the rights or preferences provided to Aboriginal peoples, including those recognized and affirmed by section 35 of the Constitution Act, 1982 or those set out in self-government agreements between a central or regional level of government and Indigenous Peoples.1 Existing Measures: Constitution Act, 1982, being Schedule B of the Canada Act 1982 (U.K.), 1982, c. 11, as well as land claims agreements and self-government agreements that have been implemented by statute . 1 For greater clarity, Indigenous Peoplesof Canada refers to Aboriginal peoples (including FirstNations, Inuit, and Métis peoples) as definedin subsection 35(2) ofthe Constitution Act, 1982 of Canada. Reservation II-C-2 Sector: All Sectors Sub-sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Description: Investment and Trade in Services Canada reserves the right to adopt or maintain a measure relating to residency requirements for the ownership of oceanfront land by an investor of Indonesia or its investments. Existing Measures: Reservation II-C-3 Sector: Fisheries Sub-Sector: Fishing and Services Incidental to Fishing Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured Nation Treatment (Articles 8.4 and 13.7) Description: Investment and Trade in Services Canada reserves the right to adopt or maintain any measure with respect to licensing or otherwise authorizing fishing or fishing related activities, including entry of foreign fishing vessels to Canada’s exclusive economic zone, territorial sea, internal waters, or ports, and use of any services therein. Existing Measures: Fisheries Act, R.S.C. 1985, c. F14 Coastal Fisheries Protection Act, R.S.C. 1985, c.33 Coastal Fisheries Protection Regulations, C.R.C. 1978, c. 413 Commercial Fisheries Licensing Policy Policy on Foreign Investment in the Canadian Fisheries Sector, 1985 Reservation II-C-4 Sector: Government Finance Sub-sector: Securities Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Description: Investment and Trade in Services Canada reserves the right to adopt or maintain a measure relating to the acquisition, sale, or other disposition by a national of Indonesia of bonds, treasury bills, or other kinds of debt securities issued by the Government of Canada or a Canadian sub-national government. Existing Measures: Financial Administration Act, R.S.C. 1985, c. F-11 Reservation II-C-5 Sector: Minority Affairs Sub-sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description: Investment and Trade in Services Canada reserves the right to adopt or maintain a measure conferring rights or privileges to a socially or economically disadvantaged minority. Existing Measures: Reservation II-C-6 Sector: Social Services Sub-sector: Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description: Investment and Trade in Services Canada reserves the right to adopt or maintain a measure with respect to the supply of public law enforcement and correctional services, as well as the following services to the extent they are social services established or maintained for a public purpose: income security or insurance; social security or insurance; social welfare; public education; public training; health; and child care. Existing Measures: Reservation II-C-7 Sector: All Sectors Sub-sector: Obligations Concerned: National Treatment (Articles 13.6) Description: Investment Canada reserves the right to adopt or maintain any measure relating to the acquisition, purchase, or ownership of residential property. Existing Measures: Reservation II-C-8 Sector: Transportation Sub-sector: Air Transportation Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4) Description: Trade in Services Canada reserves the right to selectively negotiate agreements or arrangements with other States, organisations of States, aeronautical authorities, or service suppliers to recognise their accreditation of repair, overhaul, and maintenance facilities and certification by such facilities of work performed on Canadian-registered aircraft and other related aeronautical products. Existing Measures: Reservation II-C-9 Sector: Transportation Sub-Sector: Air transportation Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Description: Investment and Trade in Services Canada reserves the right to adopt or maintain a measure relating to the selling and marketing of air transportation services. Existing Measures: Reservation II-C-10 Sector: Transportation Sub-sector: WaterTransportation Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description: Investment and Trade in Services 1. Canada reserves the right to adopt or maintain a measure affecting the investment in or supply of marine cabotage services, including: (a) the transportation of goods or passengers by vessel between points in the territory of Canada or above the continental shelf of Canada, directly or by way of a place outside Canada; but with respect to waters above the continental shelf of Canada, the transportation of goods or passengers only in relation to the exploration, exploitation, or transportation of the mineral or non-living natural resources of the continental shelf of Canada; and (b) engaging by vessel in any other marine activity of a commercial nature in the territory of Canada and, with respect to waters above the continental shelf, in such other marine activities of a commercial nature that are in relation to the exploration, exploitation, or transportation of the mineral or non-living natural resources of the continental shelf of Canada. 2. This reservation relates, among other things, to limitations and conditions for services suppliers entitled to participate in these activities, to criteria for the issuance of a temporary cabotage licence to foreign vessels, and to limits on the number of cabotage licenses issued to foreign vessels. 3. For greatercertainty, this reservation applies, among other things, to marine activities of a commercial nature undertaken by or from a vessel, including feeder services and repositioning of empty containers. Existing Measures: Coasting Trade Act, S.C. 1992, c. 31 Canada Shipping Act, 2001, S.C. 2001, c.26 Customs Act, R.S.C. 1985, c.1 (2nd Supp.) Customs and Excise Offshore Application Act, R.S.C. 1985, c. C-53 Reservation II-C-11 Sector: Transportation Sub-Sector: WaterTransportation Obligations Concerned: Most-Favoured-Nation Treatment (Article 8.4) Description: Trade in Services Canada reserves the right to adopt or maintain a measure relating to the implementation of an agreement, arrangement, or other formal or informal undertaking with other countries with respect to maritime activities in waters of mutual interest in areas such as pollution control (including double hull requirements for oil tankers), safe navigation, barge inspection standards, water quality, pilotage, salvage, drug abuse control, or maritime communications. Existing Measures: Reservation II-C-12 Sector: Transportation Sub-sector: WaterTransportation (Technical Testing andAnalysis Services) Obligations Concerned: National Treatment (Articles 8.3 and 13.6) Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Description: Investment and Trade in Services 1. Canada reserves the right to adopt or maintain a measure affecting the statutory inspection and certification of a vessel on behalf of Canada. 2. For greater certainty, only a person, classification society, or other organization authorized by Canada may carry out statutory inspections and issue Canadian Maritime Documents to Canadian-registered vessels and their equipment on behalf of Canada. Existing Measures: Reservation II-C-13 Sector: All Sectors Sub-sector: Obligations Concerned: Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Description: Investment and Trade in Services 1. Canada reserves the right to adopt or maintain a measure that accords differential treatment to countries under any international agreement in force or signed prior to the date of entry into force of this Agreement. 2. Canada reserves the right to adopt or maintain a measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement involving: (a) aviation; (b) fisheries; or (c) maritime matters, including salvage. Existing Measures: Reservation II-C-14 Sector: All Services Sectors Sub-sector: Obligations Concerned: Most-Favoured-Nation Treatment (Articles 8.4 and 13.7) Description: Investment and Trade in Services 1. Canada reserves the right to adopt or maintain a measure that accords differential treatment to countries under any international agreement in force or signed after the date of entry into force of this Agreement, except with respect to the subsectors listed in Appendix I of this Schedule. 2. For subsectors not listed in Appendix I, if, after the date of entry into force of this Agreement, Canada enters into any international agreement that gives more preferential treatment to another country, Canada will give consideration, on request from Indonesia, to negotiate the extension of equivalent treatment as provided under such agreement. Existing Measures: Reservation II-C-15 Sector: All Sectors Sub-sector: Obligations Concerned: Market Access (Article 8.5) Description: Trade in Services 1. Canada reserves the right to adopt or maintain a measure that is not inconsistent with: (a) Canada’s obligations underArticle XVI of GATS, including obligations resulting from future amendments to Canada’s Schedule to Article XVI of GATS; and (b) Canada’s Schedule of Specific Commitments under GATS (GATS/SC/16, GATS/SC/16/Suppl.1, GATS/SC/16/Suppl.1/Rev.1, GATS/SC/16/ Suppl.2, GATS/SC/16/Suppl.2/Rev.1, GATS /SC/16/Suppl.3, GATS/SC/16/Suppl.4, and GATS/SC/16/Suppl.4/Rev.1). 2. For the purposes of this entry only, Canada’s Schedule of Specific Commitments is modified as indicated in Appendix II of this Annex. Existing Measures: Appendix I List of Most-Favoured Nation Commitments Canada -Legal Services (CPC 861) -Accounting, Auditing and Bookkeeping Services (CPC 86220, Bookkeeping Services) -Architectural Services (CPC 8671) -Engineering Services (CPC 8672 -except 86721, 86725, 86726) -Integrated Engineering Services (CPC 8673) -Urban Planning Services (CPC 86741) -LandscapeArchitectural Services (CPC 86742) -Related Scientific and Technical Consulting Services (CPC 8675) -Courier Services (CPC 7512) -Construction Services (CPC 511 (except 51110, 51113), 512 (except 51210), 513, 514, 515, 516, 517, 518) -Wholesale Trade Services (CPC 621, 622) -Direct selling services (retailing services) -Environmental Services (CPC 9401, 9402, 9403) -Hotel lodging services (CPC 6411) -Sports facility operation services (CPC 96413) -Research and Development (R&D) services (CPC 851, 852, 853) -Other land transport services (CPC 7121, 7122, 7123, 7124) -Supporting services for road transport (CPC 7441, 7442, 7443, 7449) Appendix II For the following sectors, Canada’s obligations underArticle XVI of GATS are modified as described. Sector/Sub-sector MarketAccess Improvements Accounting, auditing, and book-keeping services Under Mode 1 remove: Auditing -Commercial presence requirement: Nova Scotia. -Citizenship requirement for accreditation: Manitoba, Quebec. -Permanent residence requirement for accreditation: Alberta, Ontario. Under Mode 2 remove: Auditing -Commercial presence requirement: Nova Scotia. -Citizenship requirement for accreditation: Manitoba, Quebec. -Permanent residence requirement for accreditation: Alberta, Ontario. Under Mode 4 remove: Auditing -Permanent residence requirement for accreditation: Alberta. Architectural services Under Mode 1 remove: Architects -Citizenship requirement for accreditation: Quebec. Engineering services Under Mode 1 remove: Consulting Engineers -Commercial presence requirement for accreditation: Manitoba. Engineers -Permanent residence requirement for accreditation: British Columbia, Newfoundland and Labrador, Nova Scotia. -Citizenship requirement for accreditation: Quebec. Engineering Technicians and Technologists -Permanent residence requirement for accreditation: Alberta. Under Mode 2 remove: Consulting Engineers -Commercial presence requirement for accreditation: Manitoba. Engineers -Permanent residence requirement for accreditation: British Columbia, Newfoundland and Labrador, Nova Scotia. -Citizenship requirement for accreditation: Quebec. Engineering Technicians and Technologists -Permanent residence requirement for accreditation: Alberta. Under Mode 4 remove: Engineers -Permanent residence requirement for accreditation: British Columbia. Engineering Technicians and Technologists -Permanent residence requirement for accreditation: Alberta. Integrated engineering services Under Mode 1 remove: Consulting Engineers -Commercial presence requirement for accreditation: Manitoba. Engineers -Permanent residence requirement for accreditation: British Columbia, Newfoundland and Labrador, Nova Scotia. -Citizenship requirement for accreditation: Quebec. Engineering Technicians and Technologists -Permanent residence requirement for accreditation: Alberta. Under Mode 2 remove: Consulting Engineers -Commercial presence requirement for accreditation: Manitoba. Engineers -Permanent residence requirement for accreditation: British Columbia, Newfoundland and Labrador, Nova Scotia. -Citizenship requirement for accreditation: Quebec. Engineering Technicians and Technologists -Permanent residence requirement for accreditation: Alberta. Under Mode 4 remove: Engineers -Permanent residence requirement for accreditation: British Columbia. Engineering Technicians and Technologists -Permanent residence requirement for accreditation: Alberta. Urban planning and Under Mode 1 remove: landscape architectural services Community/Urban Planning -Citizenship requirement for use of title: Quebec. Real estate services Under Mode 1 remove: CharteredAppraisers -Citizenship requirement for use of title: Quebec. Management consulting services Under Mode 1 remove: Agrologists -Citizenship requirement for accreditation: Quebec. Professional Administrators and Certified Management Consultants -Citizenship requirement for use of title: Quebec Professional Corporation of Administrators. Industrial Relations Counsellors -Citizenship requirement for use of title: Quebec. Under Mode 2 remove: Agrologists -Citizenship requirement for accreditation: Quebec. Investigation and security services Under Mode 3 remove: Business and Personnel Information Investigations -Foreign ownership restriction to 25 percent in total and 10 percent by any individual holding shares: Ontario. Related scientific and Under Mode 1 remove: technical consulting services Land Surveyors -Citizenship requirement for accreditation: Nova Scotia, Quebec. Subsurface Surveying Services -Citizenship requirement for accreditation: Quebec. Professional Technologist -Citizenship requirement for accreditation: Quebec. Chemists -Citizenship requirement for accreditation: Quebec. Under Mode 2 remove: Land Surveyors -Citizenship requirement for accreditation: Nova Scotia, Quebec. Subsurface Surveying Services -Citizenship requirement for accreditation: Quebec. Other business services Under Mode 1 remove: Certified Translators and Interpreters -Citizenship requirement for use of title: Quebec. Under Mode 2 remove: Certified Translators and Interpreters -Citizenship requirement for use of title: Quebec. Under Mode 3 remove: Collection Agencies -Foreign ownership restriction to 25 percent in total and 10 percent by any individual: Ontario. Courier services Under Mode 3 remove: -Economic needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service; and the fitness, willingness, and ability of the applicant to supply proper service.): Nova Scotia, Manitoba. General construction work for civil engineering Under Mode 3 remove: Construction -An applicant and holder of a water power site development permit must be incorporated in Ontario. Wholesale trade services Under Mode 1 remove: -Marketing of Fish Products (Nova Scotia): Nova Scotia residents require ministerial approval to enter into agreements with nonresidents. Railway passenger and freight transport Under Mode 1 remove: -Cabotage limitation Road passenger transportation Under Mode 3 remove: Interurban bus transport and scheduled services: -Public convenience and needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service; and the fitness, willingness, and ability of the applicant to supply proper service.): Prince Edward Island. Road freight transportation Under Mode 3 remove: Highway freight transportation -Public convenience and needs test (Criteria related to approval include: examination of the adequacy of current levels of service; market conditions establishing the requirement for expanded service; the effect of new entrants on public convenience, including the continuity and quality of service; and the fitness, willingness, and ability of the applicant to supply proper service.): British Columbia, Manitoba, Ontario, Prince Edward Island, Nova Scotia. Telecommunications Under Mode 3 remove: Nova Scotia: no person may vote more than 1,000 shares of MaritimeTelegraph and Telephone Ltd. SCHEDULE OF INDONESIA Explanatory Notes 1. Each entry sets out the following elements: (a) Sector refers to the sector for which the entry is made; (b) Subsector, refers to the specific subsector for which the entry is made; (c) Industry Classification, if referenced in either the sector or subsector row, refers to the activity covered by the non-conforming measure according to: (i) the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991); (ii) ISIC Rev. 3 which means the International Standard Industrial Classification of All Economic Activities as set out in the Statistical Papers, Series M, No. 4, ISIC Rev. 3, Statistical Office of the United Nations, New York, 1990; or (iii) Indonesian Standard of Industrial Classification (Klasifikasi Baku Lapangan Usaha Indonesia/KBLI) 2020. (d) Level of Government indicates the level of government maintaining the listed measure; (e) Type of Obligation specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7 (Trade in Services – Reservations) and Article 13.18 (Investment – Non-Conforming Measures and Exceptions), do not apply to the listed measure; (f) Description of Measure sets out the non-conforming measure for which the entry is made; (g) Source of Measure identifies the laws, regulations,or other measures for which the entry is made. A measure cited in the Source of Measure element: (i) means the measure as amended, continued,or renewed as of the date of entry into force of this Agreement; and (ii) includes any subordinate measureadopted or maintained under the authority of and consistent with the measure. 2. Entries that specify “All Sectors”, “All Services Sectors”, and “All Non-Services Sectors” in: (a) entries oneto nine of Annex I-B(Reservations for Existing Measures – standstill) apply to an investment or the supply of a service, where available, on subsectors specified in Annex I-A (Reservations for Existing Measures – ratchet), Annex I-B (Reservations for Existing Measures – standstill), and Annex II (Reservations for Future Measures), unless otherwise provided. (b) entries oneto eight of Annex II (Reservations for Future Measures) apply to an investment orthe supply of a service on subsectors specified in the list of Annex I-A(Reservations for Existing Measures – ratchet), Annex I-B (Reservations for Existing Measures – standstill), and Annex II (Reservations for Future Measures), unless otherwise provided. 3. In accordance with Article 8.7 (Trade in Services –Reservations) and Article 13.18 (Investment -Non-Conforming Measures and Exceptions), the Articles of this Agreement specified in the Type of Obligation element of an entry do not apply to the non-conforming measures identified in the Description of Measure element of that entry. 4. TheSchedule below does not include measures relating to qualification requirements and procedures, technical standards, and licence requirements and procedures when they do not constitute a national treatment or market access violation within the meaning of Article 8.3 (Trade in Services – National Treatment) or Article 8.5 (Trade in Services – Market Access). Those measures (for example, the need to obtain a licence, universal service obligations, theneed to obtain recognition of qualifications in regulated sectors, the need to pass specific examinations, including language examinations, or anon-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to the supply of services by a service supplier of Canada in the territory of Indonesia. 5. For the purposesof this Schedule: Double asterisk (**) after a CPC number indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance. Joint Operation is an undertaking between one or more foreign and Indonesian enterprises of a temporary nature, to handle one or more projects or businesses without establishing a new statutory body in accordance with Indonesian laws. Joint Venture is a legal entity organised under Indonesian law and having its domicile in Indonesia, in the form of cooperation between foreign capital and Indonesian (national) capital. 6. In the absence of a specific reference to CPC numbers, the scope of subsectors or activities covered by an entry will be subject to relevant and applicable references. 7. In the interpretation of an entry, all elements of the entry shall be considered in their totality. 8. This note shall form part of Indonesia’s reservations. ANNEX II: Reservations for Future Measures SCHEDULE OF INDONESIA Introductory Notes 1. Indonesia’s Schedule to this Annex, pursuant to Article 8.7.3(Trade in Services – Reservations) and Article 13.18.3 (Investment – Non-Conforming Measures and Exceptions), sets out Indonesia’s existing measures that are not subject to some or all of the obligations imposed by: (a) Article 8.3 (Trade in Services – National Treatment); (b) Article 8.4 (Trade in Services – Most-Favoured-Nation Treatment); (c) Article 8.5 (Trade in Services – Market Access); (d) Article 13.6 (Investment – National Treatment); (e) Article 13.7 (Investment – Most-Favoured-Nation Treatment); (f) Article 13.12 (Investment –Performance Requirements); or (g) Article 13.13 (Investment –Senior Management and Boards of Directors). 1. Sector : All sectors Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description : Trade in Services and Investment 1. During a three-year transition period beginning on the date of entry into force of this Agreement, Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 8.3 (Trade in Services – National Treatment), Article 8.5 (Trade in Services – Market Access), Article 13.6 (Investment – National Treatment), Article 13.12 (Investment – Performance Requirements), Article 13.13 (Investment – Senior Management and Boards of Directors), except with respect to the following: (a) sectors and subsectors specified in Annex I-A, Annex I-B (entries 10 to 41), and Annex II (entries 9 to 60); (b) the supply of services through cross-border supply and consumption abroad on sectors and subsectors specified in Annex I-A, Annex I-B (entries 10 to 41), and Annex II (entries 9 to 60) of this Schedule unless otherwise reserved in each entry; subject to the terms, limitations, conditions, and qualifications set out therein. 2. Upon conclusion of the transition period, this entry of reserved uncommitted sectors shall be replaced in accordance with Article 26.2 (Final Provisions – Amendments) by sector-specific entries as appropriate. The replacement entries will be located in either: (a) Annex I-A or Annex I-B in the case of any non-conforming measure; or (b) Annex II in the case of sectors, sub.sectors, or activities. 2. Sector : All sectors Type of Obligation : Most-Favoured-Nation Treatment (Article 8.4) Most-Favoured-Nation Treatment (Article 13.7) Description : Investment and Trade in Services Indonesia reserves the right to adopt or maintain any measure that accords more favourable treatment to any investors or service suppliers under any international agreement in force or signed prior to the date of entry into force of this Agreement. Indonesia reserves the right to adopt or maintain any measure related to more favourable treatment accorded to investors or service suppliers 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) for services sectors, advantages accorded to adjacent countries to the extent covered by paragraph 3 of Article II of GATS; 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. 3. Sector : All services sectors Type of Obligation : Most-Favoured Nation Treatment (Article 8.4) Most-Favoured Nation Treatment (Article 13.7) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure that accords more favourable treatment to any services or service suppliers under any international agreement signed after the date of entry into force of this Agreement, except with respect to the subsectors listed in Appendix I of this Schedule. For subsectors not listed in Appendix I, if, after the date of entry into force of this Agreement, Indonesia enters into any international agreement with another country other than an ASEAN Member State that gives more preferential treatment to that other country, Indonesia will give consideration on request from Canada to negotiate the incorporation in this Agreement of treatment no less favourable than that provided under such agreement. 4. Sector : All Sector Subsector : All Subsectors Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Boards of Directors (Article 13.13) Description : Investment and Trade in Services Indonesia reserves the right to adopt or maintain any measure relating to the privatisation, corporatisation, commercialisation, 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: (i) 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 reservation; and (ii) where Indonesia transfers or disposes of an interest in an existing state enterprise in multiple phases, subparagraph (i) shall apply separately to each phase. 5. Sector : All Sector Subsector : All Subsectors Type of Obligation : Market Access (Article 8.5) National Treatment (Article 13.6) National Treatment (Article 8.3) Description : Investment and Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to special preferences given to micro, small and medium-sized enterprises and cooperatives (Usaha Mikro, Kecil, Menengah dan Koperasi or UMKMK) in Indonesia. 6. Sector : All Sector Subsector : All Subsectors Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Most-Favoured Nation Treatment (Article 13.7) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description : Investment and Trade in Services Indonesia reserves the right to adopt or maintain any measure relating to a new sector that, at the date of entry into force of this Agreement, is not covered by the United Nations Provisional Central Product Classification (CPC), 1991, the International Standard Industrial Classification (ISIC) Rev.3, or the Indonesian Standard of Industrial Classification 2020 (Klasifikasi Baku Lapangan Usaha Indonesia). 7. Sector : All Sector Subsector : All Subsectors Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Boards of Directors (Article 13.13) Description : Investment and Trade in Services 1. For a period of three years after the date of entry into force of this Agreement, Indonesia reserves the right to maintain any existing non.conforming measure with respect to foreign investors or investments that has not been listed in Annex I-A or Annex I-B of Indonesia’s Schedule on the date of entry into force of this Agreement, provided that the measure is: (a) in force on the date of entry into force of this Agreement; and (b) is with respect to the sectors and subsectors specified in Annex I-A, Annex I-B (entries 10 to 41), and Annex II (entries 9 to 60). 2. All existing non-conforming measures, with respect to sectors and subsectors provided for in subparagraph 1(b), not otherwise listed in Annex I-A or Annex I-B on the date of entry into force of this Agreement will be included in either Annex I-A or Annex I-B of Indonesia’s Schedule, as appropriate, no later than three years after the date of entry into force of this Agreement. 3. 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 a measure to Annex I-A or Annex I-B that was not otherwise listed on the date of entry into force of this Agreement. 4. Three years from the date of entry into force of this Agreement, this entry shall be removed. 5. The inclusion of non-conforming measures in Annex I-A or Annex I-B pursuant to paragraph 2 and the removal of this entry pursuant to paragraph 4 shall be in accordance with Article 26.2 (Final Provisions – Amendments). 8. Sector : All Sector Subsector : All Subsectors Type of Obligation : National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Investment and Trade in Services The obligations imposed by Article 8.3 (Trade in Services – National Treatment) and Article 13.6 (Investment – National Treatment) do not apply to measures relating to the procedural aspects of investment implementation licences or permits at the provincial level. 9. Sector : Professional Services Subsector : Accounting, Auditing, and Bookkeeping Services (CPC 86220, Bookkeeping Services except Tax Return) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description of Measure : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent. 10. Sector : Professional Services Subsector : Urban Planning Services (CPC 86741) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Performance Requirements (Article 13.12) Description of Measure : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to movement of natural persons that requires a service supplier to: (a) have a valid certificate of competence in its home country; (b) be registered in Indonesia. The registration must be done by a competency mechanism to ensure the compared standard of foreign urban planners; (c) be subject to transfer of skills and knowledge requirements by appointing an Indonesian urban planner as an associate. 11. Sector : Rental or Leasing Services without Operator Subsector : Rental of Vessel Without Crew (CPC 83103) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description of Measure : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent; and (b) be subject to licence requirements for the foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 12. Sector : Other Business Services Subsector : Convention Services CPC 87909 only for Meetings, Incentives, Conventions and Exhibitions (MICE) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent. 13. Sector : Professional Services Subsector : (a) Advisory and Consultative Engineering Services (CPC 86721) (b) Engineering Design Services for Industrial Processes and Production (CPC 86725) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross-border supply and consumption abroad. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Operation through a representative office in Indonesia, provided that the domestic partner is a member of an Indonesian consultant association. 14. Sector : Professional Services Subsector : (a) Clinic of specialised medical services for registered health institution (KBLI 86105) (b) Clinic of specialised dental services (KBLI 86105) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Boards of Directors (Article 13.13) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross-border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent, subject to the following conditions: (a) may only employ a foreign health professional to the extent that there are no sufficiently qualified Indonesians; (b) for foreign health workers and foreign medical workers: -must have a recognized certificate of competence from Indonesian Authority; and -must obtain Temporary Registration Letter (Surat Tanda Registrasi Sementara/STRS) and Practicing Permit Letter (Surat Izin Praktik/SIP); (c) Head of Clinic and Head of Human Resources or Personnel Function are subject to nationality requirement; (d) a foreign health worker must have at least a university degree; (e) a foreign medical worker must be at least a specialist doctor. 15. Sector : Computer and Related Services Subsector : Consultancy Services Related to the Installation of Computer Hardware (CPC 841) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross-border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 70 percent. 16. Sector : Computer and Related Services Subsector : Maintenance and repair Services of Office Machinery and Equipment Including Computers (CPC 845) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross-border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent. 17. Sector : Computer and Related Services Subsector : (a) Software Implementation Services (CPC-842) (b) Data Base Services (CPC 84400*) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 70 percent. 18. Sector : Computer and Related Services Subsector : Input Preparation Services (CPC 84310) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 67 percent. 19. Sector : Computer and Related Services Subsector : (a) System Analysis Services (CPC 84320) (b) Time Sharing Services (CPC 84330) (c) Other Data Processing Services (CPC 84390) (d) Other Computer Services (CPC 849) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent. 20. Sector : Business Services Subsector : Real estate activities with own or leased property only for high-rise building (residential and mix use) (KBLI 68111) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent. 21. Sector : Management Consulting Services Subsector : (a) General Management Consulting Services (CPC 86501) (b) Marketing Management Consulting Services (CPC 86503) (c) Human Resources Management Consulting Services (CPC 86504) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent. 22. Sector : Management Consulting Services Subsector : Project Management Services other than Construction (CPC 86601) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent; and (b) the domestic partner must be a member of an Indonesian consultant association. 23. Sector : Other Business Services Subsector : Services Incidental of Manufacturing (CPC 884 excluding CPC 88411, 88412, 88421, 88422, 88423, 88430, 88442, 88460, 88491, 88492) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 33 percent; and (b) the domestic partner must be a member of an Indonesian consultant association. 24. Sector : Other Business Services Subsector : Services Incidental to Manufacture of Metal Products, machinery, and equipment (CPC 885) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Operation through a representative office in Indonesia and the domestic partner must be a member of an Indonesian consultant association. 25. Sector Other Business Services Subsector : Services Incidental to Mining (CPC 883) (a) Drilling services for offshore oil and gas projects (b) Drilling services for geothermal project Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 75 percent; and (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 26. Sector : Other Business Services Subsector : Maintenance and Repair of Equipment (excluding Maritime Vessels, Aircraft or other Transport Equipment) (CPC 8861,8866) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 33 percent; and (b) have a domestic partner that is a member of an Indonesian consultant association. 27. Sector : Other Business Services Subsector : Packaging Services (CPC 876) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross-border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 70 percent; and (b) be subject to an economic needs test for geographical limitation. 28. Sector : Other Business Services Subsector : Market Research Services (CPC 86401) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Operation through a representative office in Indonesia, and the domestic partner must be a member of an Indonesian consultant association. 29. Sector : Telecommunication Services1 Subsector : (a) Local Services, Long Distance and International Services: o Public Switched Telephone Service (CPC 7521) o Teleconferencing Services (CPC 75292) o Circuit Switched Public Data Network Services (CPC 7523**) (b) Packet-switched public data network services (CPC 7523**) o X. 25 o Frame relay o Local o Local distance o International (c) Private Leased Circuit Services (CPC 7522**,7523**) (d) Telex services (CPC 7523**) (e) Telegraph services (7522) (f) Facsimile (CPC 7521**, 7529**) (g) Enhance/Value-Added Facsimile Services, Including Store and Forward, Store and Retrieve (CPC 7523**) (h) On-line Information and database Retrieval (CPC 7523**) (i) On-line Information and or Data Processing (Including transaction processing) (CPC 843) (j) Dedicated Network Services (CPC 7523**) (k) Domestic Services: o Mobile Cellular Telephone Services (CPC 75213) 1 For greater certainty,the coverageof this sector does not includetelecommunicationtower construction services. Annex II– ID – 34 o Internet Access Services Regional and National Paging Services (CPC 75291) o Public Payphone Services Voice Mail Service (CPC 7523) (l) Voice Mail Services (CPC 7523**) (m) Electronic Data Interchange (EDI) (CPC 7523**) (n) Electronic Mail Services (CPC 75232) (o) Video text Services (CPC 75299) (p) Electronic Mail Box (CPC 75232) (q) File Transfer Services (CPC 75299) (r) Home Telemeter Alarm (CPC 75299) (s) Entertainment Services (CPC 75299) (t) Management Information Services (CPC 75299) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 67 percent. 30. Sector : Educational Services Subsector : (a) Technical and Vocational Secondary Education Services (electronic, automotive, fashion, culinary, oil and gas drilling, and IT support technology, coding language, artificial intelligence, advance robotic, cryptocurrency, virtual reality, machinery and construction, creative economy, hospitality and care services) (CPC 92230); (b) Language, Tourism, Electronics, Culinary Art and Automotive Course and Training, Coding Language, Artificial Intelligence, Advance Robotic, Cryptocurrency, Virtual Reality, Machinery and Construction, Creative Economy, Hospitality and Care Services (CPC 924); (c) Sport and recreation education (KBLI 8541). Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Boards of Directors (Article 13.13) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture subject to the following conditions: (a) a mutual recognition arrangement between relevant institutions on credits, programs, and certifications is required; (b) a foreign education service supplier must establish partnership with domestic partner. The foreign language instructors must be native and Indonesian speakers; (c) a foreign education service supplier must be listed in the Ministry of Higher Education, Science and Technology’s List of Accredited Foreign Education and its domestic partner must be accredited; (d) the foreign education institution in cooperation with a local partner may open an educational institution in the cities outside Jakarta; (e) commercial presence shall be established in the form of yayasan (foundation); (f) the number of educators shall include at least 30 percent Indonesian educators; (g) the number of employees other than educators and the head shall include at least 80 percent Indonesian employees; (h) a foreign worker engaged in education activities in Indonesia is subject to approval by the Ministry of Higher Education, Science and Technology. Approval is granted on a case-by-case basis. 31. Sector : Environmental Services Subsector : Sewage Services (CPC 9401) only for wastewater management Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 67 percent; and (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers, such as technical approval and an operational feasibility letter (Surat Kelayakan Operasional (SLO)). 32. Sector : Environmental Services Subsector : (a) Refuse Disposal Services (CPC 9402) Solid Waste Disposal Services only for integrated hazardous waste treatment facility services for oil sludge and waste mercury treatment in a particular area. The product will be used as a new material or energy power (b) Refuse Disposal Services (CPC 9402) Solid Waste Disposal Services only for on-site hazardous waste treatment facility services for the treatment of waste of mining product and waste of fly ash and bottom ash of coal product Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent; and (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers, such as technical approval and an operational feasibility letter (Surat Kelayakan Operasional (SLO)). 33. Sector : Environmental Services Subsector : Refuse Disposal Services (CPC 94020) only for non-hazardous garbage, trash, waste, and rubbish Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross-border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent; and (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers, such as technical approval. 34. Sector : Environmental Services Subsector : Sanitation and similar services (CPC 9403) only for public sanitation facilities Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent; and (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers, such as technical approval. 35. Sector : Environmental Services Subsector : Cleaning Services of Exhaust Gases (CPC 9404) only for air pollution control Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent; and (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers, such as technical approval and an operational feasibility letter (Surat Kelayakan Operasional (SLO)). 36. Sector : Environmental Services Subsector : Other Environmental Protection Services (CPC 9409) only for Laboratory Services for Environment (laboratory which has the ability and authority to test and examine the environmental quality parameter according to the current laws and regulations on environment) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent; (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers; and (c) be registered by Ministry of Environment and Forestry and accredited by National Accreditation Body (KAN) in accordance with prevailing laws and regulations. 37. Sector : Environmental Services Subsector : Water Management2 only for drinkable water (KBLI 36001) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross.border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent; and (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers, such as technical approval and an operational feasibility letter (Surat Kelayakan Operasional (SLO)). 2 Water management includes a series of supplying serviceactivities related to surfacewater purification from the water source, water distributiondirectly from the water terminal, water tank transportation, with thepurposeofselling drinkable water to consumers. 38. Sector : Health Related and Social Services Subsector : Hospital Services only for specialistic and sub-specialistic medical services in Class A and B hospital (CPC 9311) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Senior Management and Boards of Directors (13.13) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent, subject to the following conditions: (a) may only employ a foreign health professional to the extent that there are not sufficient Indonesian health professionals; (b) a foreign service supplier shall provide a minimum of 200 beds or as required for a General or Specialized Hospital as provided for in prevailing laws and regulations; (c) a licence requirement for a foreign service supplier may vary from that applicable to an Indonesian service supplier; (d) a foreign service supplier may only establish for specialistic services and sub-specialistic services; (e) a foreign service supplier shall have three types of sub-specialist services; (f) must fulfil the international service standards which are accredited by an international accreditation body or institution; (g) a foreign health professional must have a recognized certificate of competence from Indonesian Authority; (h) a foreign medical worker or a foreign health worker is only allowed to practice in the hospital and prohibited from providing an independent health and medical practice; (i) Indonesia permits foreign natural persons only for registered marketing management consultant, planning management consultant, hospital quality assurance management consultant, and hospital health services management consultant. That foreign natural person is subject to the following conditions: (i) the employment of foreign health professional only if there are no sufficient Indonesian health professionals; (ii) technical requirements are pursuant to applicable prevailing laws and regulations; (iii) for foreign health workers and foreign medical workers: -must have a recognized certificate of competence and recommendation from Indonesian Authority; -must obtain Temporary Registration Letter (Surat Tanda Registrasi Sementara/STRS) and Practicing Permit Letter (Surat Izin Praktik/SIP); (iv) head of hospital and head of human resources or personnel function are subject to nationality requirement; (v) a foreign health worker must have at least a university degree; and (vi) a foreign medical worker must be at least a specialist doctor. 39. Sector : Social Services Subsector : Social Services (CPC 933) -Welfare services delivered through residential institutions to elderly and the handicapped (CPC 93311) -Welfare services not delivered through residential institutions (CPC 93323) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent, subject to the following conditions: (a) the employment of foreign health professional only if there are not sufficiently qualified Indonesian nationals; (b) an aged care facility may deliver health services for the aged only by having networked with registered health care facilities localized within the responsible area of work. 40. Sector : Transportation Services Internal Waterways Transportation Services Subsector : Passenger Transportation (CPC 7221) (excluding cabotage) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent; (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 41. Sector : Transportation Services Internal Waterways Transport Subsector : Maintenance and Repair of Vessels (internal waterways) (CPC 8868**) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross.border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent , for vessel classification above 50,000 DWT (deadweight tonnage); (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 42. Sector : Transportation Services Maritime Transportation Services Subsector : Maritime Cargo Handling Services (excluding cabotage) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent; (b) be subject to a requirement that loading and unloading of goods from and to vessels shall have the business licence provided by the Governor; (c) be subject to a requirement that holders of business licenses may only undertake goods unloading activities at certain ports as stipulated by the Government; and (d) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 43. Sector : Transportation Services Subsector : (a) Aircraft Repair and Maintenance Services (b) Computer Reservation System (CRS) (c) Selling and Marketing Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent; (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 44. Sector : Transportation Services Road Transportation Services Subsector : Maintenance and Repair of Road Transport Equipment (CPC 8867) excluding motorcycle Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross.border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 35 percent, subject to the following conditions: (a) a foreign service supplier shall have manufacturing activities in Indonesia, including its local group companies, relating to the maintenance and repair of automobiles; (b) a licence requirement for a foreign service supplier may vary from that applicable to an Indonesian service supplier. 45. Sector : Transportation Services Subsector : Maritime Freight Forwarding Services (CPC 7480**) (excluding cabotage) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross.border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent; (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 46. Sector : Transportation Services Subsector : Supporting Services for Road Transport: only for highway, bridge and tunnel operation services (CPC 74420) limited to highway services Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross.border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 49 percent; (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 47. Sector : Transportation Services Subsector : Storage and Warehousing Services Outside Port Area and 1st Area for: (a) Storage Services of Frozen or Refrigerated Goods (CPC 7421) (b) Other Storage or Warehousing Services (CPC 7429) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to cross.border supply. Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 30 percent; (b) be subject to licence requirements for foreign service suppliers that may vary from those applicable to Indonesian service suppliers. 48. Sector : Other Services Subsector : Liquefaction and Gasification only for coal (a) According to Indonesia Proposal of Energy Services Classification is under (i) Coal Liquefaction (2.4.4.4) (ii) Coal Gasification (2.4.4.5) (b) According to W 120 is under: Services Incidental to Manufacturing (CPC 884) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent, subject to the following conditions: (a) a requirement on licensing and procedure authorized by Central Government or Provincial Government; (b) a foreign service supplier shall be subject to any measure relating to the privatisation, corporatisation, or commercialisation of Government assets, entities, or agencies including: (i) limitations on ownership of assets; (ii) transfer or disposal of equity interests or their assets; (iii) the right of the foreign investors or their investments to control their assets; and nationality of the senior management or members of the board of directors; (c) for greater certainty: (i) 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 (ii) where Indonesia transfers or disposes of an interest in an existing state enterprise in multiple phases, subparagraph (i) shall apply separately to each phase. 49. Sector : Distribution Services Subsector : Wholesale Trade Services of all various of consumer goods, limited to modern market, with minimum space above 5,000 square meter (KBLI 46900) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 70 percent. 50. Sector : Distribution Services Subsector : Direct Selling (Multi and Single Level Marketing) (KBLI 47999) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 80 percent. 51. Sector : Distribution Services Subsector : Retail: Hypermarket (with minimum space above 5,000 square meter) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 70 percent. 52. Sector : Distribution Services Subsector : Retail (a) Supermarket with minimum space above 1.200 square meter (b) Department Store with minimum space above 2.000 square meter Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent. 53. Sector : Recreational, Cultural and Sporting Services excluding Audio Visual Services Subsector : Theatre and Opera House (CPC 96193) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent. 54. Sector : Tourism and Travel Related Services Subsector : International Hotel Operator (CPC 91135) Type of Obligation : Market Access (Article 8.5) National Treatment (Article 8.3) National Treatment (Article 13.6) Description : Trade in Services Indonesia reserves the right to adopt or maintain any measure with respect to commercial presence that requires a service supplier to: (a) be established in the form of a Joint Venture with foreign equity participation not exceeding 51 percent; and (b) supply services only in certain provinces or areas to be subject to an economic needs test. 55. Sector : Manufacturing Subsector : - Type of Obligation : National Treatment (Article 13.6) Description : Investment Indonesia reserves the right to adopt or maintain any measure for the establishment and operation of foreign investment in the following subsectors: (a) Limitation on Foreign Equity Participation: • industry of main equipment for defense and security (ISIC 2520, 2893, 2927, 2929, 3530). In the event of a strategic interest, foreign equity ownership may exceed the limitation with the approval of the Minister of Defense (b) Partnership requirement: • manufacture of copra (ISIC 1514); • sweetening and saline fruits and vegetable industry (ISIC 1513); • manufacture of soy sauce (ISIC 1549); • manufacture of foods from soybeans and beans other than soy sauce, tempeh, and tofu (ISIC 1513, 1514, 1531, 1549); • milk powder and condensed milk processing and industry (ISIC 1520); • rattan processing industry (ISIC 2010); • preserving industry of rattan, bamboo, and the likes (ISIC 2010); • coconut industry: coconut charcoal/briquettes industry; coconut coir fiber industry (ISIC 2411, 3699); • essential oil industry (ISIC 2429); • bricks and clay or ceramic industry (ISIC 2691, 2692, 2693); • other goods made from clay or ceramic industry (ISIC 2691, ISIC 2693); • lime industry (ISIC 2694); • goods made from cement industry (ISIC 2695); • goods made from lime industry (ISIC 2695); • other goods made from cement and lime industry (ISIC 2695); • nails, nuts and bolts industry; component and spare parts industry for engine and turbine; other pumps, compressors, taps, and valves industry; component and accessories for two.and three.wheels motor vehicles industry (ISIC 2899, 2911, 2912, 3591, 3592); • spare parts accessories for motor vehicles with four or more wheels (ISIC 3430); • manufacture of devices and fittings of wooden ships for marine tourism and fishing (ISIC 3511); • manufacture of jewelry products from precious metal for personal use (ISIC 3330, 3691); • manufacture of jewelry products from precious metal for non-personal use (ISIC 3330, 3691); • manufacture of imitation jewelry and similar goods (ISIC 3330, 3699); • manufacture of precious stones (ISIC 3691); • manufacture of handicraft not elsewhere classified (ISIC 3699); • repair of boat, ship, and floating structure (ISIC 3511, 3512); • repair of other transport equipment other than motor vehicles (ISIC 3520, 3530, 3599); • non-metal waste recycling and materials recovery (ISIC 3720); • sugar industry (ISIC 1542); • fishery processing industry: salting and drying of fish and biota from other waters (ISIC 1512); smoking of fish and biota from other waters (ISIC 1512); fish yeasting or fermentation, and other cooked products for extraction and fish jelly (ISIC 1512, 1549); processing of minced fish and surimi (ISIC 1512); • fish cannery (ISIC 1512); • saw mill or lumbering industry with production or output capacity below or equal to 2,000 cubic meters per year (ISIC 2010); • manufacture of medical devices in class A (ISIC 2423) 56. Sector : Agriculture Subsector : - Type of Obligation : National Treatment (Article 13.6) Description : Investment Indonesia reserves the right to adopt or maintain any measure for the establishment and operation of foreign investment in the following subsectors: (a) Limitation on Foreign Equity Participation: • For each individual crops cultivation business in an area of more than 25 hectares: staple food crops (rice, corn, soybeans, groundnuts, green beans and other food crops including cassava and sweet potatoes) (ISIC 0111, 0112, 0113, 0200) (b) Locational requirement: • Swine breeding and farming (ISIC 0122) (c) Partnership requirement: • Breeding of broiler chicken (ISIC 0122) 57. Sector : Forestry Subsector : - Type of Obligation : National Treatment (Article 13.6) Description : Investment Indonesia reserves the right to adopt or maintain any measure for the establishment and operation of foreign investment in the following subsectors: (a) Security and environmental restriction: • hunting business in Hunting Parks and Hunting Blocks (ISIC 0150, 9219, 9241, 9249); • captive breeding of animals and plants, and conservation institutions (ISIC 0150) (b) Recommendation or specific requirements by relevant authorities: • Development of Technology used on plant and wildlife genetics (ISIC 0200) 58. Sector : Fishery Subsector : - Type of Obligation : National Treatment (Article 13.6) Description : Investment Indonesia reserves the right to adopt or maintain any measure for the establishment and operation of foreign investment in the following subsectors: (a) Partnership requirement: • fish hatchery and grow-out for freshwater, brackish water, and marine aquaculture (ISIC 0500) (b) Recommendation or specific requirements by relevant authorities: • cultivation of coral or ornamental coral reef (ISIC 0150) 59. Sector : Mining and Quarrying Subsector : Extraction Salt Type of Obligation : National Treatment (Article 13.6) Description : Investment Indonesia reserves the right to adopt or maintain any measure for the establishment and operation of foreign investment in the following subsectors: Partnership requirement: • Salt extraction/production 60. Sector : Manufacturing, Agriculture, Fishery, and Forestry Subsector : - Type of Obligation : National Treatment (Article 13.6) Performance Requirements (Article 13.12) Senior Management and Boards of Directors (Article 13.13) Description : Investment Indonesia reserves the right to adopt or maintain any measure to address a food security emergency as declared under relevant laws and regulations and only for the duration of the declared food security emergency. APPENDIX I LIST OF MOST-FAVOURED NATION COMMITMENTS ON SERVICES SECTORS -Legal Services (CPC 861) -Accounting, Auditing, and Bookkeeping Services (CPC 86220, Bookkeeping Services except Tax Return) -Architectural Services (CPC 8671) -Engineering Services (CPC 8672 -except CPC 86721, 86725, 86726) -Integrated Engineering Services (CPC 8673) -Urban Planning Services (CPC 86741) -Landscape Architectural Services (CPC 86742) -Advertising Services (CPC 871) -Related Scientific and Technical Consulting Services (CPC 8675) -Courier Services (CPC 7512) -Pre-erection Work at Construction Site (CPC 511), except Site Investigation Work (CPC 51110) and site Formation and Clearance Work (CPC 51113) -Construction Work for Buildings (CPC 512), except For one-and two-dwelling buildings (CPC 51210) -Construction Work for Civil Engineering (CPC 513) -Assembly and Erection of Prefabricated Constructions (CPC 514-5140) -Special Trade Construction (CPC 515) -Installation Work (CPC 516) -Building Completion and Finishing Work (CPC 517) -Renting Services Related Equipment for Construction or Demolition of Building or Civil Engineering Works with Operator (CPC 518) -Wholesale Trade Services of all varieties of consumer goods, limited to modern market, with minimum space above 5,000 square meter (KBLI 46900) -Direct Selling (Multi and Single Level Marketing) (KBLI 47999) -Technical and Vocational Secondary Education Services (electronic, automotive, fashion, culinary, oil and gas drilling, and IT support technology, coding language, artificial intelligence, advance robotic, cryptocurrency, virtual reality, machinery and construction, creative economy, hospitality and care services) (CPC 92230) -Other higher education services (CPC 9239): priorities for Science, Technology, Engineering, Mathematics, and Modern Business programs -Language, Tourism, Electronics, Culinary Art, and Automotive Course and Training, Coding Language, Artificial Intelligence, Advance Robotic, Cryptocurrency, Virtual Reality, Machinery and Construction, Creative Economy, Hospitality and Care Services (CPC 924) -Environmental Services (CPC 94**) -Sport and recreation education (KBLI 8541) -Hotels3 (only for 3, 4 and 5 star4 hotels) -Golf Courses and other facilities (only within tourist resorts) (CPC 96413) -R&D services on natural sciences (CPC 851) -R&D services on social sciences and humanities (CPC 852) -Interdisciplinary R&D services (CPC 853) -Other land transport services (KBLI 42911, 42913, 42914, 42915, 42916) -Supporting services for road transport (CPC 7441/KBLI 52211; CPC 7443/KBLI 55212 and KBLI 52214; CPC 7449/KBLI 71203) 3 A Tourist Resort is an area built to accommodate the facilitiesneeded for tourists such as hotels, marinas, golf courses, cultural open stages, andother facilities, except casinos and other activitiesprohibited by law for reasons of public morals, religion, security,and public order. 4Starred Hotel is a service business whichprovides accommodation and food and beverage facilitiesand other services typically provided by hotels, except casinos andother activities prohibited by law for reasons of public morals, religion, security, andpublic order. ANNEX III SCHEDULE OF CANADA Introductory Notes 1. For Canada, in the interpretation of a reservation in Section A, all elements of the reservation shall be considered. A reservation shall be interpreted in the light of the relevant provisions of the Chapter against which the reservation is taken. To the extent that: (a) the Measures element is qualified by a specific reference in the Description element, the Measures element as so qualified shall prevail over all other elements; and (b) the Measures element is not so qualified, the Measures element shall prevail over all other elements, unless any discrepancy between the Measures element and the other elements considered in their totality is so substantial and material that it would be unreasonable to conclude that the Measures element should prevail, in which case the other elements shall prevail to the extent of that discrepancy. 2. For Canada, in the interpretation of a reservation in Section B, all elements of the reservation shall be considered. The Description element shall prevail over all other elements. Headnotes 1. Commitments under this Agreement, in the subsectors listed in this Schedule, are undertaken subject to the limitations and conditions set forth in these headnotes and in the Schedule below. 2. To clarify Canada’s commitment with respect to Article 10.5 (Financial Services – Market Access for Financial Institutions), a juridical person supplying a financial service and constituted under the laws of Canada is subject to non-discriminatory limitations on juridical form.1 3. Article 10.10.1(c) (Financial Services – Non-Conforming Measures) does not apply to non-conforming measures relating to Article 10.5(b) (Financial Services – Market Access for Financial Institutions). 1 For example, partnerships and sole proprietorships are generally not acceptable juridical forms for financial institutions in Canada. This headnote is not itself intended to affect,or otherwiselimit, a choiceby afinancial institution of theother Partybetween branches orsubsidiaries. Section A A-1. Sector: Financial Services Sub-Sector: Banking and other financial services (excluding insurance) Obligations Concerned: Market Access for Financial Institutions (Article 10.5) Level of Government: Central Measures: Bank Act, S.C. 1991, c. 46, s. 524 Description: In order to establish a bank branch, a foreign bank must be a bank in the jurisdiction under whose laws it is incorporated. A-2. Sector: Financial Services Sub-Sector: Banking and other financial services (excluding insurance) Obligations Concerned: National Treatment (Article 10.3) Market Access for Financial Institutions (Article 10.5) Level of Government: Central Measures: Bank Act, S.C. 1991, c. 46, s. 520, 524, 540, 545 Sales or Trades (Authorized Foreign Banks) Regulations, SOR/2000-52 Description: A foreign bank must establish a subsidiary as a condition for accepting retail deposits. Foreign lending branches may not accept deposits. A-3. Sector: Financial Services Sub-Sector: All Obligations Concerned: Market Access for Financial Institutions (Article 10.5) Level of Government: Central Measures: Trust and Loan Companies Act, S.C. 1991, c. 45 Bank Act, S.C. 1991, c. 46 Cooperative Credit Associations Act, S.C. 1991, c. 48 Insurance Companies Act, S.C. 1991, c. 47 Description: Federal laws do not permit a trust and loan company, credit union, or fraternal benefit society in Canada to be established through branches of corporations organised under a foreign country’s law. A-4. Sector: Financial Services Sub-Sector: All Obligations Concerned: Market Access for Financial Institutions (Article 10.5) Level of Government: Central Measures: Bank Act, S.C. 1991, c. 46, s. 510, 522.16, 524 Insurance Companies Act, S.C. 1991, c. 47, s. 573, 574, 581 Description: A bank branch must be established directly under the authorised foreign bank incorporated in the jurisdiction where the authorised foreign bank principally carries on business. A foreign entity authorised to insure, in Canada, risks must be established directly under the foreign insurance company incorporated in the jurisdiction where the foreign insurance company, either directly or through a subsidiary, principally carries on business. A-5. Sector: Financial Services Sub-Sector: Banking and other financial services (excluding insurance) Obligations Concerned: National Treatment (Article 10.3) Market Access for Financial Institutions (Article 10.5) Level of Government: Central Measures: Bank Act, S.C. 1991, c. 46, s. 520, 540, 545 Bank Act, S.C. 1991, c. 46, sch. I, II Canada Deposit Insurance Corporation Act, R.S.C., 1985, c. C-3, s. 2, 8, 17 Description: Full service foreign bank branches and lending foreign bank branches are prohibited from becoming member institutions of the Canada Deposit Insurance Corporation. A-6. Sector: Financial Services Sub-Sector: Banking and other financial services (excluding insurance) Obligations Concerned: National Treatment (Article 10.3) Market Access for Financial Institutions (Article 10.5) Level of Government: Central Measures: Canadian Payments Act, R.S.C., 1985, c. C-21, s. 2, 4 Bank Act, S.C. 1991, c. 46, s. 524, 540 Description: Lending branches of foreign banks are prohibited from being members of the Canadian Payments Association. A-7. Sector: Financial Services Sub-Sector: All Obligations Concerned: National Treatment (Article 10.3) Most-Favoured-Nation Treatment (Article 10.4) Cross-Border Trade (Article 10.6) Senior Management and Boards of Directors (10.9) Level of Government: Regional Measures: -Description: All existing non-conforming measures of all provinces and territories. Section B B-1. Sector: Financial Services Sub-Sector: All Obligations Concerned: National Treatment (Article 10.3) Level of Government: Central Description: With regard to the Canada Mortgage and Housing Corporation and its subsidiaries, Canada reserves the right to adopt or maintain any measure that grants advantages to that entity or any new, reorganised, or transferee entity having similar functions and objectives with respect to housing finance. B-2. Sector: Financial Services Sub-Sector: All Obligations Concerned: Market Access for Financial Institutions (Article 10.5) Level of Government: Regional Description: Canada reserves the right to adopt or maintain any measure that is not inconsistent with Canada’s obligations under Article XVI of GATS. B-3. Sector: Financial Services Sub-Sector: All Obligations Concerned: Most-Favoured-Nation Treatment (Article 10.4) Level of Government: Central and Regional Description: Canada reserves the right to adopt or maintain a measure that accords differential treatment to an investor, a financial institution, or a cross-border financial service supplier of another country under any international agreement in force or signed after the date of entry into force of this Agreement. If, after the date of entry into force of this Agreement, Canada enters into any international agreement with another country that accords more preferential treatment to an investor, a financial institution, or a cross-border financial service supplier of that country, Indonesia may request consultations to discuss the possibility of extending that treatment to Indonesia’s owninvestors, financial institutions, or cross-border financial service suppliers. On request from Indonesia, Canada will give consideration to negotiate the incorporation in this Agreement of treatment that is no less favourable than that provided forunder the other agreement. Consideration by Canada to incorporate that treatment shall take into account the overall balance of benefits between the Parties. ANNEX III SCHEDULE OF INDONESIA Explanatory notes 1. Indonesia’s Schedule to this Annex, pursuant to Article 10.10 (Financial Services – Non-Conforming Measures) and Annex 10-B (Financial Services – Transition for the Application of Article 10.10.1(c)(i) (Financial Services – Non-Conforming Measures)), sets out Indonesia’s existing measures that are not subject to some or all the obligations imposed by: (a) Article 10.3 (Financial Services – National Treatment); (b) Article 10.4 (Financial Services – Most-Favoured-Nation Treatment); (c) Article 10.5 (Financial Services –Market Access for Financial Institutions); (d) Article 10.6 (Financial Services – Cross-Border Trade); or (e) Article 10.9 (Financial Services – Senior Management and Boards of Directors). 2. Each entry in this Annex sets out the following elements: (a) Sector refers to Financial Services; (b) Subsector, where referenced, refers to the specific subsector for which the entry is made; (c) Level of Government indicates the level of government maintaining the listed measure; (d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 10.10 (Financial Services – Non-Conforming Measures), do not apply to the listed measures; (e) Description of Measures sets out the non-conforming measure for which the entry is made; and (f) Source of Measures means the laws, regulations, or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in the Source of Measure element: (i) means the measure as amended, continued,or renewed as of the date of entry into force of this Agreement, and (ii) includes any subordinate measureadopted or maintained under the authority of and consistent with the measure. 3. In accordance with Article 10.10 (Financial Services – Non-Conforming Measures), the Articles specified in the Obligations Concerned element of an entry do not apply to the non-conforming measure identified in the Description of Measures element of that entry. 4. For greater certainty, the Description of Measures element of each of the entries in this Annex is to be interpreted in accordance with the relevant cited sources of the non.conforming measures. 5. Commitments under this Agreement, in the subsectors listed in this Schedule, are undertaken subject to the limitations and conditions set forth in these Explanatory Notes and in the entries below. Section A 1. Sector : Financial Services Sub-sector : Non-Banking Financial Services (a) Life Insurance Services (Conventional Insurance and Takaful/Sharia Insurance) (b) Non-Life Insurance Services (Conventional Insurance and Takaful/Sharia Insurance) (c) Reinsurance Services (d) Insurance & Reinsurance Brokerage Services Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Cross-Border Trade (Article 10.6) Level of Government : Central Description of Measures : (a) An insurance company must be established under an Indonesian legal entity as a limited liability company or cooperative. (b) A foreign insurance company is not permitted to own more than 80% of share capital of an insurance company in Indonesia. (c) An insurance company can only be owned by: (i) Indonesian nationals or Indonesian legal entities that are fully, either directly or indirectly, owned by Indonesian nationals; (ii) Indonesian nationals or Indonesian legal entities as referred to in subparagraph (i), together with foreign nationals or foreign legal entities that must be insurance companies engaged in a similar business or a parent company with a subsidiary operating in a similar insurance business; or (iii) a foreign entity through direct placement provided that the foreign entity complies with the following criteria: (A) is a company that has a similar business or is a parent company that has a subsidiary engaged in a similar insurance business; (B) has equity of at least five times the amount of direct investment in the company at the time of establishment and at the time of change in ownership of the company; and (C) has a rating of at least “A” or equivalent from an internationally recognized rating agency. Source of Measures ------ Law No. 40 year 2014 concerning Insurance OJK Regulation No. 14 year 2015 concerning Own Retention and Domestic Reinsurance Support OJK Regulation No. 73 year 2016 concerning Good Corporate Governance for Insurance Companies Government Regulation No. 3 year 2020 concerning Amendments to Government Regulation No. 14 of 2018 on Foreign Ownership in Insurance Companies OJK Regulation No. 23 year 2023 on Licensing of Insurance Business and Company, Sharia Insurance Company, Reassurance Company, and Sharia Reassurance Company Law No. 4 year 2023 concerning Development and Strengthening of the Financial Sector (Omnibus Law) 2. Sector : Financial Services Sub-sector : Non-Banking Financial Services (a) Life Insurance Services (Conventional Insurance and Takaful/Sharia Insurance) (b) Non-Life Insurance Services (Conventional Insurance and Takaful/Sharia Insurance) (c) Reinsurance Services (d) Insurance & Reinsurance Brokerage Services Obligations concerned : Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures : (a) Members of the boards of directors and members of the boards of commissioners of insurance companies with direct foreign participation must be Indonesian citizens and foreign citizens, or all Indonesian citizens. (b) Expatriates may only occupy positions as directors, technical experts at the executive level, actuaries, or consultants that are responsible for underwriting, marketing, and information systems. (c) The utilization of expatriates must take into consideration their expertise, the availability of Indonesian nationals for the positions, and prevailing laws and regulations. (d) An expatriate employed as technical expert or executive shall have Indonesian understudies for knowledge and technology transfer. Source of Measures -Law No. 40 year 2014 concerning Insurance -OJK Regulation No. 14 year 2015 concerning Own Retention and Domestic Reinsurance Support -OJK Regulation No. 73 year 2016 concerning Good Corporate Governance for Insurance Companies -Government Regulation No. 3 year 2020 concerning Amendments to Government Regulation No. 14 of 2018 on Foreign Ownership in Insurance Companies -OJK Regulation No. 23 year 2023 on Licensing of Insurance Business and Company, Sharia Insurance Company, Reassurance Company, and Sharia Reassurance Company -Law No. 4 year 2023 concerning Development and Strengthening of the Financial Sector (Omnibus Law) 3. Sector : Financial Services Sub-sector : Non-Banking Financial Services (a) Reinsurance Services (b) Reinsurance Brokerage Services Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Cross-Border Trade (Article 10.6) Level of Government : Central Description of Measures : (a) In the case of automatic reinsurance support or facultative reinsurance support obtained from foreign reinsurers or foreign Sharia reinsurers, insurance companies and Sharia insurance companies are required to obtain support from foreign reinsurers or foreign Sharia reinsurers with at least a “BBB” rating or equivalent from an internationally recognized rating agency. (b) Reinsurance companies and Sharia reinsurance companies must have an adequate, secure retrocession program supported by a retrocession panel with a “BBB” rating or equivalent from an internationally recognized rating company. Source of Measures -Law No. 40 year 2014 concerning Insurance -OJK Regulation No. 14 year 2015 concerning Own Retention and Domestic Reinsurance Support -OJK Regulation No. 73 year 2016 concerning Good Corporate Governance for Insurance Companies -Government Regulation No. 3 year 2020 concerning Amendments to Government Regulation No. 14 of 2018 on Foreign Ownership in Insurance Companies -OJK Regulation No. 23 year 2023 on Licensing of Insurance Business and Company, Sharia Insurance Company, Reassurance Company, and Sharia Reassurance Company -Law No. 4 year 2023 concerning Development and Strengthening of the Financial Sector (Omnibus Law 4. Sector : Financial Services Sub-sector : Non-Banking (a) Financial Lease Services (b) Factoring Services (c) Consumer Finance Services Obligations concerned : National Treatment (Article 10.3) Level of Government : Central Description of Measures : Foreign ownership in financing companies, whether direct or indirect, is prohibited from exceeding 85 percent of the company’s paid-in capital. Source of Measures -OJK Regulation No. 47 year 2020 concerning Business Licensing and Institutional Framework for Financing Companies and Sharia Financing Companies -OJK Regulation No. 30 year 2014 concerning Good Corporate Governance for Financing Companies 5. Sector : Financial Services Sub-sector : Non-Banking: Credit card business (issuer and agent of credit card) Obligations concerned : National Treatment (Article 10.3) Level of Government : Central Description of Measures : Foreign equity participation not exceeding 85 percent or 49 percent for foreign ownership with control or voting rights. Source of Measures -Bank Indonesia Regulation No. 22/23/PBI/2020 on Payment System -Bank Indonesia Regulation No. 23/6/PBI/2021 on Payment Service Provider Section B 1. Sector : Financial Services Type of Obligation : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Description : 1. During a three-year transition period beginning on the date of entry into force of this Agreement, Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) with respect to: (a) the sub-sectors specified in Appendix I; and (b) subject to the terms, limitations, conditions, and qualifications set out therein. 2. Upon conclusion of the transition period, this entry shall be replaced in accordance with Article 26.2 (Final Provisions – Amendments) with sub-sector.specific entries in either Annex III, Section A or Annex III, Section B. The entries shall not result in a decrease in the level of commitment agreed to by Indonesia in Appendix I at the entry into force of this Agreement. 3. Any entries made upon conclusion of the transition period pursuant to paragraph 2, shall not be less favourable than Indonesia’s commitments in respect of financial services under an international trade agreement providing market access for financial services in force prior to the signing of this Agreement, except those committed among ASEAN Member States under the framework of the ASEAN Economic Community. 2. Sector : Financial Services Sub-sector : All sub-sectors Obligations concerned : Most-Favoured-Nation Treatment (Article 10.4) Description of Measures : Notwithstanding Indonesia’s Reservation II-2 (Annex II – Reservations for Future Measures), any measure that Indonesia adopts or maintains shall not be less favourable than Indonesia’s commitments in respect of financial services under an international trade agreement providing market access for financial services in force prior to the signing of this Agreement, except those committed among ASEAN Member States under the framework of the ASEAN Economic Community. Indonesia reserves the right to adopt or maintain any measure that accords more favourable treatment to any investor, financial institution, or cross-border financial service supplier of a non-Party under any international agreement signed after the date of entry into force of this Agreement. If, after the date of entry into force of this Agreement, Indonesia enters into any international agreement with another country other than an ASEAN Member State that gives more preferential treatment to that other country, Indonesia will give consideration on request from Canada to negotiate the incorporation in this Agreement of treatment no less favourable than that provided under such agreement. 3. Sector : Financial Services Sub-sector : All Sub-Sectors Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Most-Favoured Nation Treatment (Article 10.4) Description of Measures : -A computing facility or electronic system, a data center and its disaster recovery center, shall be located in Indonesian territory. -Payment transactions that are conducted in Indonesian territory and using a source of funds from Indonesia shall be processed in Indonesian territory. APPENDIX I 1. Sector : Financial Services Sub-sector : Commercial Banking Services 1. Acceptance of deposits and other repayable funds from the public 2. Lending of all types, including consumer credit, mortgage, credit, factoring, and financing of commercial transaction 3. All payment and money transmission services including credit, charge and debit cards, travelers cheques and bankers drafts 4. Guarantees and commitments 5. Trading for own account or for account of customers, whether on an exchange, in an over-the.counter market or otherwise, the following: (a) Money market instruments (including cheques, bills, certificates of deposits) (b) Foreign exchange (c) Exchange rate and interest rate instruments, including products such as swaps, forward rate agreements (d) Transferable securities issued in the money market 6. Cash management, custodial, and depository services Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : (a) Indonesia reserves the right to require the new licence of locally incorporated banks and foreign bank branches to be subject to feasibility studies and economic needs test. (b) Foreign equity participation not exceeding 49percent. (c) Acquisition of local existing banks through the purchase in the stock exchange is allowed up to 51 percent of the listed shares in the stock exchange. (d) Expatriates may only occupy positions as directors, commissioners, managers, and technical experts or advisors in locally incorporated banks with 25 percent or more foreign ownership or with less than 25 percent foreign ownership but the foreign owner is deemed as the controlling shareholder of the bank. Locally incorporated banks with foreign ownership of less than 25 percent can only utilize expatriates as technical experts or advisors. (e) Foreign bank branches can only employ expatriates as head of the branch or technical experts or advisors. (f) Expatriates may not be employed in the fields of human resources and compliance. (g) The utilization of expatriates must take into consideration the availability of Indonesian nationals. (h) An expatriate employed as manager or as technical expert or advisor shall have at least two Indonesian understudies during his or her term. 2. Sector : Financial Services Sub-sector : Non-Banking Financial Services 1. Securities Business (broker dealer) Trading for their own account or for the account of customers on an exchange or over-the-counter market, only for: -Listed shares -Bonds 2. Participation in issues of securities, including underwriting and placement as agent (whether publicly or privately), and provision of services related to such issues 3. Portfolio management and all forms of collective investment management 4. Asset management, limited only to investment fund management 5. Investment Advisory Services limited only to investment advisory in capital market Level of Government : Central Obligation Concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Description of Measures, Terms, Limitations, Conditions, and Qualifications : (a) A foreign investor may invest in Indonesian securities companies engaging in the business of underwriter, broker-dealer, or investment manager as shareholder. The securities company shall be in the form of a limited liability enterprise (Perseroan Terbatas) under Indonesian Company Law. (b) The permissible composition of foreign shareholding in a securities company is based on prevailing laws and regulations. (c) In addition to measures (a) and (b): -for securities business and participation in issues of securities, expatriates may only occupy positions as directors, commissioners, managers, and technical experts or advisors; and -for portfolio management, asset management, and investment advisory, expatriates may only occupy positions as directors. 3. Sector : Financial Services Sub-sector : Non-Banking Financial Services 1. All payment and money transmission services, including provision of Source of Fund information, payment initiation or acquiring services, administration of Source of Fund, remittance services, payment infrastructure provider 2. Rupiah Currency Management Services Providers, including distribution and processing of money 3. Money Market and Foreign Exchange Market Service Providers, including money broking, bilateral or multi-matching electronic trading platform, central counterparty Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) relating to the above sub-sectors. 4. Sector : Financial Services Sub-sector : - Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure in the form of subsidies or grants provided by Indonesia that affects the supply of any financial service by any financial service supplier, for the development of local micro, small, and medium-sized enterprises, such as interest rate subsidy on “Kredit Usaha Rakyat”. 5. Sector : Financial Services Sub-sector : Commercial Banking Services 1. Banking and other financial services (excludes insurance) (a) Trading for their own account or for the account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: (i) derivative products including, but not limited to, futures and options (ii) other negotiable instruments and financial assets, including bullion (b) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues (c) Money broking (d) Asset management -trust services (e) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments (f) Advisory and other auxiliary financial services on all the activities listed in Article 1B of MTN.TNC/W/50, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy (g) Provision and transfer of financial information, and financial data processing and related software by providers of other financial services 2. Islamic Commercial Bank 3. Rural Bank and Islamic Rural Bank 4. Credit Bureau 5. Holding Company Activity Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) relating to the above sub-sectors. 6. Sector : Financial Services Sub-sector : Venture Capital, Financing, Microfinance and Other Financial Institution Subsector 1. Investment Banking Services 2. Investment Financing in Financing Institution 3. Working Capital Financing in Financing Institution 4. Other Financing business activities based on Otoritas Jasa Keuangan Approval in Financing Institution 5. Rent Operations (Operating Lease) or Return-Based Activities Service in Financing Institution 6. Equity Capital in Venture Capital Institution 7. Investment Through the Purchase of Convertible Bonds in Venture Capital Institution 8. Financing Through the Purchase of Debt Securities Issued by Business Partners at the Initial Start-Up Stage or Business Development in Venture Capital Institution 9. Financing in Venture Capital Institution 10. Business activities of Microfinance Institutions include business development and community empowerment services, through either loans or financing for micro-scale businesses to members and community, savings management, and business development consulting services 11. Business activities of a Pawnbroker Institution including: (a) Secured lending based on Pawn Law (b) Secured lending based on Fiduciary Law (c) Safekeeping services for valuables (d) Valuation services (e) Other non-pawnbroking activities generating fee-based income (f) Other business activities subject to Otoritas Jasa Keuangan approval 12. Business activities of Peer-to-Peer Lending Companies include the provision, management, and operation of Information Technology-Based Co-Funding Services 13. Business activities of LPEI (Indonesia Eximbank) include provision of export financing, export guarantee, and export insurance services 14. Business activities of TAPERA (Public Housing Savings) include: (a) TAPERA Fund Collection (b) TAPERA Fund Accumulation (c) TAPERA Fund Utilization 15. Business activities of Infrastructure Financing Institution include: (a) Direct lending for Infrastructure Financing (b) Refinancing of Infrastructure previously financed by other parties (c) Provision of subordinated financing related to Infrastructure Financing (d) Other activities or facilities related to Infrastructure Financing subject to Otoritas Jasa Keuangan approval (e) Other activities or facilities not related to Infrastructure Financing based on government assignment 16. Business activities of Secondary Mortgage Institution include: (a) Securitization (b) Distribution of loans or financing to support sustainable home ownership, occupancy, and housing or settlement availability (c) Capacity building for parties involved in housing or settlement financing (d) Implementation of special assignments from the government (e) Other business activities in housing or settlement financing to promote secondary mortgage market development, subject to shareholder approval Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) relating to the above sub-sectors. 7. Sector : Financial Services Sub-sector : Non-Banking Financial Services – Insurance, Surety and Pension Funds Subsector 1. Employer Pension Fund 2. Financial Institution Pension Fund 3. Guarantee Company 4. Re-guarantee Company 5. Risk and Loss Assessment Activities 6. Insurance Agent Activities 7. Guarantee Agent Activities 8. Guarantee Brokage Activities 9. Re-guarantee Brokage Activities 10. Other Supporting Activities for Insurance, Guarantees, and Pension Funds Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) relating to the above sub-sectors. 8. Sector : Financial Services Sub-sector Non-Banking Financial Services – Capital Market, Derivative Finance and Carbon Exchange Subsector Capital Market Infrastructure Providers 1. Securities Exchange 2. Clearing and Guarantee Institution and all its activities in the capital market 3. Central Securities Depository (CSD) and all its depository and settlement activities in the capital market 4. Securities Pricing Agency and its business activities in the capital market 5. Investor Protection Fund and Investor Protection Fund Management 6. Securities Financing Company 7. Alternative Trading System Providers and their activities in the capital market 8. Securities Crowdfunding Platform Providers and their activities 9. Other Capital Market Infrastructure Providers Intermediaries in Capital Market other than Broker Dealer, Underwriter, and Investment Manager. 1. Sharia Investment Manager 2. Other Fund Management Activities 3. Regional Securities Companies 4. Securities Broker-Dealer Agent 5. Mutual Fund Selling Agent 6. Mutual Fund Sales Outlet 7. Other activities of Securities Companies (excluding Investment Manager, Underwriter, and Broker Dealer) 8. Other Intermediaries in Capital Market not Elsewhere Classified : Capital Market Supporting Institutions 1. Securities Administration Agency (Share Registrar) 2. Trust-Agents/Trustee 3. Custodian 4. Credit Rating Agency 5. Issuing Party of Sharia Securities List 6. Provider of Electronic General Meeting of Shareholders and General Meeting of Debt/Sharia Securities Holders 7. Financial Instrument Management Agency (Special Purpose Vehicle) 8. Trust Fund Manager in the Form of a Company (Trustee) 9. Trust Fund Manager in the Form of an Individual 10. Other Capital Market Supporting Institutions Capital Market Supporting Professionals 1. Public Accountant Firm 2. Accountants 3. Legal Consultants 4. Appraisers 5. Notaries 6. Underwriter Representatives 7. Broker-Dealer Representatives 8. Limited Marketing Broker-Dealer Representatives 9. Investment Manager Representatives 10. Marketing Broker-Dealer Representatives 11. Mutual Fund Selling Agent Representatives 12. Individual Investment Advisors 13. Sharia Capital Market Expert 14. Financial Services Sharia Expert 15. Other Capital Market Supporting Professionals Financial Derivatives Market Infrastructure Providers 1. Provider of Financial Derivative Transactions or Trading Facilities 2. Provider of Clearing, Guarantee, and Settlement Facilities for Financial Derivative Transactions 3. Provider of Storage and Administration Facilities for Financial Derivative Transactions 4. Provider of Reporting Facilities for Financial Derivative Transactions 5. Broker Dealer for Financial Derivatives 6. Broker Dealer Representatives for Financial Derivatives 7. Other Financial Derivative Trading Support Activities Carbon Market Infrastructure Providers 1. Carbon Exchange 2. Other Carbon Trading Support Activities 3. Other Financial Services Support Activities in Capital Market Not Elsewhere Classified Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) relating to the above sub-sectors. 9. Sector : Financial Services Sub-sector : Non-Banking Financial Services – Financial Sector Technology Innovation, Digital Asset and Crypto Asset Subsector 1. Alternative Credit Scoring Provider 2 Aggregator Service Provider 3. Other Financial Sector Technology Innovation Provider 4. Digital and Crypto Asset Exchange 5. Digital and Crypto Asset Clearing, Settlement and Guarantee Institution 6. Digital and Crypto Asset Custodian 7. Digital and Crypto Asset Trader Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) relating to the above sub-sectors. 10. Sector : Financial Services Sub-sector : Other Financial Services Sub-Sectors 1. Commodity Futures Trading Intermediaries 2. Futures Trader 3. Futures Broker 4. Physical Commodity Trader 5. Physical Commodity Trading Intermediary 6. Other Commodity Futures Trading Intermediaries 7. Commodity Futures Trading Support Activities 8. Alternative Trading System Provider 9. Futures Fund Center Manager 10. Futures Advisor 11. Physical Commodity Storage Facility Manager 12. Other Commodity Futures Trading Support Activities Obligations concerned : Market Access for Financial Institutions (Article 10.5) National Treatment (Article 10.3) Senior Management and Boards of Directors (Article 10.9) Level of Government : Central Description of Measures, Terms, Limitations, Conditions, and Qualifications : Indonesia reserves the right to adopt or maintain any measure that does not conform with the obligations imposed by Article 10.3 (Financial Services – National Treatment), Article 10.5 (Financial Services – Market Access for Financial Institutions), or Article 10.9 (Financial Services – Senior Management and Boards of Directors) relating to the above sub-sectors.