Australia - Indonesia Comprehensive Economic Partnership Agreement (2019)
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• Exploitation of Swallow Nests in nature (ISIC 0122)

b. 100% Domestic Equity Participation:

• Exploitation of wood forest products from the natural forests (ISIC 0200)

• Growing and trading of breeds and seeds of forests trees/plants (export and import of breeds and seeds of forests trees/plants) (ISIC 5121)

• Exploitation of water resources in forest area (ISIC 0200)

• Capturing and trading of wild plants and wild animal from the natural wildlife habitat (ISIC 0150).

13. Sector: All Sectors

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 14.4)

Level of Government:Central

Source of Measure: Law No. 25 of 2007 Concerning Investment - Law No. 4 of 2009 Concerning Mineral and Coal Mining - Law No. 1 of 2014 Concerning the Amendment of Law No. 27 Concerning the Management of Coastal Areas and Small Islands - Government Regulation No.20 of 1994 Concerning Share Ownership in Companies Set Up Under Foreign Capital Investments. - Government Regulation No. 23 of 2010 Concerning the Implementation of Mineral and Coal Mining Activities Jo. Government Regulation No. 77 of 2014 Concerning Third Amendment Jo. Government Regulation No. 1 of 2017 Concerning Fourth Amendment. - Ministerial Regulation No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing.

Description: Investment

1. As may be required by the relevant regulatory authorities, a company in which foreign investors (6) own 100 per cent shares, subject to prior notification before the grant of the license, after a certain period since commencement of commercial production, the said foreign investors should sell a part of the company’s share to domestic investors (7).

2. In the case of the Mineral and Coal Mining sub-sector (8) , a mining business license (‘Izin Usaha Pertambangan’) for foreign investment (9) shall be granted by the Minister of Energy and Mineral Resources of the Republic of Indonesia. Subject to prior notification before the grant of a mining business license (‘Izin Usaha Pertambangan’), five years after the commencement of production, foreign shareholders (10) of a foreign investment should sell their shares gradually to Indonesian shareholders (11) according to the following priorities :

1) central government,

2) provincial government,

3) regencies/municipalities,

4) state owned enterprises (‘Badan Usaha Milik Negara’ and ‘Badan Usaha Milik Daerah’); and

5) national private business entity (12).

The shares of the said Indonesian shareholders shall be at least as the following :

a. 20 per cent of total shares in the 6th year;

b. 30 per cent of total shares in the 7th year;

c. 37 per cent of total shares in the 8th year;

d. 44 per cent of total shares in the 9th year;

e. 51 per cent of total shares in the 10th year.

(6) For the purpose of this reservation, the term “foreign investor” has the meaning set out in Law No. 25 of 2007.
(7) For the purpose of this reservation, the term “domestic investor” has the meaning set out in Law No. 25 of 2007.
(8) For the purpose of this reservation, the scope of Mineral and Coal Mining sub-sector has the meaning set out in Law No. 4 of 2009 Concerning Mineral and Coal Mining and Government Regulation, Law No. 23 of 2010 Concerning the Implementation of Mineral and Coal Mining Activities Jo. Government Regulation No. 1 of 2017 Concerning fourth Amendment of Government Regulation No. 23 of 2010 on the Implementation of Mineral and Coal Mining Activities.
(9) For the purpose of this reservation, the term “foreign investment” has the meaning set out in Law No. 25 of 2007.
(10) For the purpose of this reservation, the term “foreign shareholders” has the meaning set out in Government Regulation No. 24 of 2012 Concerning Amendment of Government Regulation No. 23 of 2010 on the Implementation of Mineral and Coal Mining Activities.
(11) For the purpose of this reservation, the term “Indonesian shareholders” has the meaning set out in Government Regulation No. 23 of 2010 Concerning the Implementation of Mineral and Coal Mining Activities Jo. Government Regulation No. 24 of 2012 Concerning Amendment of Government Regulation No. 23 of 2010 on the Implementation of Mineral and Coal Mining Activities.
(12) For the purpose of this reservation, the term “national private business entity” has the meaning set out in Government Regulation No. 23 of 2010 Concerning the Implementation of Mineral and Coal Mining Activities.

14. Sector: Mining & Quarrying

Sub-Sector:

Industry Classification: ISIC 1010, 1020, 1030, 1310, 1320

Obligations Concerned: National Treatment (Article 14.4)

Level of Government: Central

Source of Measure: Law No. 4 of 2009 Concerning Mineral and Coal Mining - Government Regulation No. 23 of 2010 Concerning the Implementation of Mineral and Coal Mining Activities Jo. Government Regulation No. 1 of 2017 Concerning Fourth Amendment of Government Regulation No. 23 of 2010 - Regulation of the Minister of Energy and Mineral Resources No. 11 of 2018 Concerning the Procedure for Granting Area License, and Reporting on Mineral and Coal Mining Activities.

Description: Investment

Mining Business Licenses are, hereinafter referred to as WIUP, which refers to an area given to the holder of a Mining Business License. Foreign investors or legal entities organised under the laws of another country that are seeking to make an investment in Indonesia are prohibited from participating in the auction of metallic mineral and coal WIUP with the size under 500 Hectares. 

15. Sector: Manufacturing, Agriculture, Fishery, Forestry

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 14.4) Most-Favoured Nation Treatment (Article 14.5) Prohibition of Performance Requirements (Article 14.6) Senior Management and Board of Directors (Article 14.10)

Level of Government: Central

Source of Measure: Presidential Regulation of The Republic of Indonesia No. 44 of 2016 Concerning Lists of Business Fields That Are Closed to Investment and Business Fields That Are Conditionally Open For Investment.

Description: Investment

The following lines of business are prohibited for investment:

- Cultivation of marijuana (ISIC 0111) 

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

- Lifting of valuable artefacts from shipwrecks (ISIC 6303)

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

- Chloral alkali making industry under mercury process (ISIC 2411)

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

- Industrial chemical industry and Ozone Depleting Substances (BPO) : Polychlorinated Biphenyl (PCB), Hexachlorobenzene and Carbon Tetrachloride (CTC), Mthyl Chloroform, Methyl Bromide, Trichloro Fluoro ANNEX I – SCHEDULE - INDONESIA – 28 of 32 Methane (CFC-11), Dichloro Trifluoro Ethane (CFC-12), Trichloro Trifluoro Ethane (CFC-113), Dichloro Tetra Fluoro Ethane (CFC-114), Chloro Pentafluoro Ethane (CFC-115), Chloro Trifluoro Methane (CFC-13), Tetrachloro Difluoro Ethane (CFC-112), Pentachloro Fluoro Ethane (CFC-111), Chloro Heptafluoro Propane (CFC-217), Dichloro Hexafluoro Propane (CFC-216), Trichloro Pentafluoro Propane (CFC-215), Tetrachloro Tetrafluoro Propane (CFC-214), Pentachloro Trifluoro Propane (CFC-213), Hexchloro Difluoro Propane (CFC-211), Bromo Chloro Difluoro Methane (Halon-1211), Bromo Trifluoro Methane (Halon 1301), Dibromo Tetrafluoro Ethane (Halon-2402), R-500, R-502 (ISIC 2411)

- Industry of chemicals listed in Schedule I of the Chemical Weapons Convention as incorporated in Appendix I to Law Number 9 Year 2008 Concerning Use of Chemicals as Chemical Weapons (ISIC 2411)

- Alcoholic hard liquor industry (ISIC 1551)

- Alcoholic beverages industry : Wine (ISIC 1552)

- Malt beverages industry (ISIC 1553).

16. Sector: All Sectors

Sub-Sector:

Industry Classification:

Obligations Concerned: Prohibition of Performance Requirements (Article 14.6)

Level of Government: Central and Regional

Source of Measure: All existing non-conforming measures.

Description: Investment

All existing non-conforming measures. 

17. Sector: Energy Infrastructure

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 14.4)

Level of Government: Central

Source of Measure:

Description: Investment

a. Foreign equity in a Power Plant >10 MW (KBLI 35101) is restricted to no more than 95 per cent of the capital share.

b. Foreign equity in a Geothermal Power Plant <= 10 MW (KBLI 35101) is restricted to no more than 51 per cent of the capital share.

18. Sector: Transport Infrastructure

Sub-Sector:

Industry Classification:

Obligations Concerned: National Treatment (Article 14.4)

Level of Government: Central

Source of Measure:

Description: Investment

Foreign equity in highway, bridge and tunnel concessions is restricted to no more than 67 per cent of the capital share.

Annex II. EXPLANATORY NOTES

1. The Schedule of a Party to this Annex sets out, in accordance with Article 9.7 (Non-Conforming Measures) and Article 14.14 (Non-Conforming Measures), the specific sectors, sub-sectors or activities for which that Party may maintain existing, or adopt new or more restrictive, measures that do not conform with obligations imposed by:

(a) Article 9.3 (National Treatment) or Article 14.4 (National Treatment);

(b) Article 9.4 (Most-Favoured-Nation Treatment) or Article 14.5 (Most-Favoured-Nation Treatment);

(c) Article 9.5 (Market Access);

(d) Article 9.6 (Local Presence);

(e) Article 14.6 (Prohibition of Performance Requirements);

(f) Article 14.10 (Senior Management and Boards of Directors);

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 sub-sector for which the entry is made;

(c) Industry Classification, where referenced, refers to the activity covered by the non-conforming measure, according to 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);

(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, in accordance with Article 14.14 (Non-Conforming Measures) and Article 9.7 (Non-Conforming Measures), do not apply to the sectors, sub-sectors or activities listed in the entry;

(e) Description sets out the scope or nature of the sectors, sub-sectors or activities covered by the entry to which the reservation applies; and

(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, sub- sectors or activities covered by the entry.

3. In accordance with Article 9.7 (Non-Conforming Measures) and Article 14.14 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, sub-sectors and activities identified in the Description element of that entry.

ANNEX II. SCHEDULE OF AUSTRALIA

INTRODUCTORY NOTES

1. For greater certainty, where Australia has more than one entry in its Schedule to Annex II that could apply to a measure, each entry is to be read independently, and is without prejudice to the application of any other entry to the measure.

2. Commitments on measures with respect to or relating to trade in financial services are undertaken subject to the limitations and conditions set forth in Chapter 9 (Trade in Services), Chapter 10 (Financial Services), Chapter 14 (Investment), this Section and the Schedule below.

3. Australia reserves the right to adopt or maintain non-discriminatory limitations concerning admission to the market of new financial services where such measures are required to achieve prudential objectives. Australia may determine the institutional and juridical form through which a new financial service may be supplied and may require authorisation for the supply of the service. Where authorisation to supply a new financial service is required, the authorisation may only be refused for prudential reasons.

4. For the avoidance of doubt, in relation to education services, nothing in Chapter 9 (Trade in Services) or Chapter 14 (Investment) shall interfere with:

(a) the ability of individual education and training institutions to maintain autonomy in admissions policies (including in relation to considerations of equal opportunity for students and recognition of credits and degrees), in setting tuition rates and in the development of curricula or course content;

(b) non-discriminatory accreditation and quality assurance procedures for education and training institutions and their programs, including the standards that must be met;

(c) government funding, subsidies or grants, such as land grants, preferential tax treatment and other public benefits, provided to education and training institutions; or

(d) the need for education and training institutions to comply with non-discriminatory requirements related to the establishment and operation of a facility in a particular jurisdiction.

1. Sector: All Sectors

Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Prohibition of Performance Requirements (Article 14.6)

Description: Trade in Services and Investment (1)

Australia reserves the right to adopt or maintain any measure with respect to a proposed acquisition by a foreign person (2) of an interest in Australian land (3), other than developed commercial land or land that is used wholly and exclusively for a primary production business.

Existing Measures: Australia’s Foreign Investment Framework, which comprises Australia’s Foreign Investment Policy, the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

(1) The terms in this entry should be interpreted in accordance with Australia’s Foreign Investment Framework as at the date of entry into force of this Agreement.
(2) The term “foreign person” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(3) The terms “Australian land” and “interest in Australian land” have the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

2. Sector: All Sectors

Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)

Description: Trade in Services and Investment (4)

Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person (5) of an interest in agricultural land (6) where the cumulative value of agricultural land owned by the foreign person alone or together with associates, including the proposed acquisition, is above $A 15 million. Australia reserves the right to adopt or maintain any measure with respect to the proposed acquisition by a foreign person of an interest in an agribusiness where the cumulative value of the interest held by the foreign person in that agribusines (7), alone or together with associates, including the proposed acquisition, is above $A 55 million.

Existing Measures: Australia’s Foreign Investment Framework, which comprises Australia’s Foreign Investment Policy, the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

(4) The terms in this entry should be interpreted in accordance with Australia’s Foreign Investment Framework as at the date of entry into force of this Agreement.
(5) The term “foreign person” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(6) The term “agricultural land” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).
(7) The term “agribusiness” has the meaning set out in the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Foreign Acquisitions and Takeovers Regulation 2015 (Cth).

3. Sector: All Sectors

Obligations Concerned: National Treatment (Article 9.3 and Article 14.4) Most-Favoured-Nation Treatment (Article 9.4 and Article 14.5) Market Access (Article 9.5) Local Presence (Article 9.6) Prohibition of Performance Requirements (Article 14.6) Senior Management and Boards of Directors (Article 14.10)

Description: Trade in Services and Investment

Australia reserves the right to adopt or maintain any measure that it considers necessary for the protection of its essential security interests.

Existing Measures: Australia’s Foreign Investment Framework, which comprises Australia’s Foreign Investment Policy, the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA); Foreign Acquisitions and Takeovers Regulation 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Act 2015 (Cth); Foreign Acquisitions and Takeovers Fees Imposition Regulation 2015 (Cth); Financial Sector (Shareholdings) Act 1998 (Cth); and Ministerial Statements.

Sector: All Sectors

Obligations Concerned: Market Access (Article 9.5)

Description: Trade in Services

Australia reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, subject to the provisions of Chapter 12 (Movement of Natural Persons), that is not inconsistent with Australia’s obligations under Article XVI of GATS.

Existing Measures:

5. Sector: All Sectors

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Article   1.1 Establishment of the Indonesia-Australia Comprehensive Economic Partnership as a Free Trade Area 1
  • Article   1.2 Objectives the Objectives of the Parties In Concluding this Agreement Are to: 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 General Definitions  (3) 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Reduction or Elimination of Customs Duties 1
  • Article   2.3 Tariff Rate Quotas 1
  • Article   2.4 National Treatment on Internal Taxation and Regulation 1
  • Article   2.5 Customs Valuation 1
  • Article   2.6 Acceleration or Improvement of Tariff Commitments 1
  • Article   2.7 Elimination of Export Subsidies 1
  • Article   2.8 Administrative Fees and Formalities 1
  • Article   2.9 Duty-Free Entry of Commercial Samples of Negligible Value 1
  • Article   2.10 Classification of Goods and Transposition of Schedules of Tariff Commitments 1
  • Article   2.11 Committee on Trade In Goods 1
  • Article   2.12 Exchange of Data 1
  • Article   2.13 Relation to Safeguard Measures Under the WTO Agreement 1
  • Article   2.14 Antidumping and Countervailing Duties 1
  • Article   2.15 Trade Remedies Dialogue 1
  • Chapter   3 NON-TARIFF MEASURES 1
  • Article   3.1 General Application 1
  • Article   3.2 Mechanism on Non-Tariff Measures 2
  • Article   3.3 Quantitative Restrictions 2
  • Article   3.4 Import Licensing 2
  • Chapter   4 RULES OF ORIGIN 2
  • Section   A General Provisions 2
  • Article   4.1 Definitions 2
  • Section   B Originating Goods 2
  • Article   4.2 Originating Goods 2
  • Article   4.3 Wholly Obtained or Produced Goods 2
  • Article   4.4 Goods Not Wholly Produced or Obtained 2
  • Article   4.5 Calculation of Qualifying Value Content 2
  • Article   4.6 Recording of Costs 2
  • Article   4.7 Accumulation 2
  • Article   4.8 Minimal Operations and Processes 2
  • Article   4.9 De Minimis 2
  • Article   4.10 Accessories, Spare Parts, Tools and Instructional or other Information Materials 2
  • Article   4.11 Identical and Interchangeable Materials 2
  • Article   4.12 Packaging Materials and Containers for Retail Sale 2
  • Article   4.13 Packing Materials and Containers for Transportation and Shipment 2
  • Article   4.14 Indirect Materials 3
  • Section   Section C: Territorial Requirements 3
  • Article   4.15 Consignment Criteria 3
  • Article   4.16 Exhibition Goods 3
  • Section   Section D: Preferential Tariff Treatment 3
  • Article   4.17 Claim for Preferential Tariff Treatment 3
  • Article   4.18 Obligations Relating to Importation 3
  • Article   4.19 Denial of Preferential Tariff Treatment 3
  • Article   4.20 Documentary Evidence of Origin 3
  • Article   4.21 Exceptions from Documentary Evidence of Origin 3
  • Section   Section E: Cooperation on Verification 3
  • Article   4.22 Origin Verification 3
  • Article   4.23 Verification Visit 3
  • Section   Section F: Final Provisions 3
  • Article   4.24 Goods In Transport or Storage 3
  • Article   4.25 Review and Appeal 3
  • Article   4.26 Record Keeping 3
  • Article   4.27 Confidentiality Each Party Shall Maintain the Confidentiality of the Information Collected In Accordance 3
  • Article   4.28 Sub-Committee on Rules of Origin 3
  • Chapter   5 CUSTOMS PROCEDURES 3
  • Article   5.1 Definitions for the Purposes of this Chapter: 3
  • Article   5.2 Objectives 3
  • Article   5.3 Scope 3
  • Article   5.4 Customs Procedures and Trade Facilitation 3
  • Article   5.5 Customs Cooperation 3
  • Article   5.6 Publication and Enquiry Points 3
  • Article   5.7 Advance Ruling 3
  • Article   5.8 Review and Appeal 4
  • Article   5.9 Penalties 4
  • Article   5.10 Risk Management 1. Each Party Shall Adopt or Maintain a Risk Management System for Assessment and 4
  • Article   5.11 Release of Goods 4
  • Article   5.12 Temporary Admission of Goods 4
  • Article   5.13 Information Technology 4
  • Article   5.14 Confidentiality 4
  • Chapter   6 TRADE FACILITATION 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objectives 4
  • Article   6.3 Scope 4
  • Article   6.4 Publication and Enquiry Points 4
  • Article   6.5 Perishable Goods 4
  • Article   6.6 Acceptance of Copies 4
  • Article   6.7 Support for Trade Facilitation 4
  • Article   6.8 Trade Facilitation Sub-Committee 4
  • Chapter   7 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   7.1 Definitions 4
  • Article   7.2 Objectives 4
  • Article   7.3 Scope 4
  • Article   7.4 General Provisions 4
  • Article   7.5 Equivalence 4
  • Article   7.6 Adaptation to Regional Conditions 4
  • Article   7.7 Competent Authorities and Contact Points 4
  • Article   7.8 Transparency and Notification 4
  • Article   7.9 Cooperation 1. Each Party Shall Explore Opportunities for Further Cooperation, Collaboration and 4
  • Article   7.10 Technical Consultations 4
  • Article   7.11 SPS Sub-Committee 4
  • Article   7.12 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 4
  • Chapter   8 TECHNICAL BARRIERS TO TRADE 5
  • Article   8.1 Definitions 5
  • Article   8.2 Objectives 5
  • Article   8.3 Scope 5
  • Article   8.4 Affirmation of the TBT Agreement 5
  • Article   8.5 Standards 5
  • Article   8.6 Technical Regulations 5
  • Article   8.7 Conformity Assessment Procedures 5
  • Article   8.8 Cooperation 5
  • Article   8.9 Consultations 5
  • Article   8.10 Agreements or Implementing Arrangements 5
  • Article   8.11 Transparency 5
  • Article   8.12 Contact Points 5
  • Article   8.13 TBT Sub-Committee 5
  • Article   8.14 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 5
  • Chapter   9 TRADE IN SERVICES 5
  • Article   9.1 Definitions 5
  • Article   9.2 Scope 5
  • Article   9.3 National Treatment (3) 5
  • Article   9.4 Most-Favoured-Nation Treatment 5
  • Article   9.5 Market Access (4)  5
  • Article   9.6 Local Presence 5
  • Article   9.7 Non-Conforming Measures 5
  • Article   9.8 Domestic Regulation (7) 6
  • Article   9.9 Recognition 6
  • Article   9.10 Denial of Benefits 6
  • Article   9.11 Transparency 6
  • Article   9.12 Payments and Transfers 6
  • Article   9.13 Review 6
  • Article   9.14 Committee on Trade In Services 6
  • Chapter   10 FINANCIAL SERVICES 6
  • Article   10.1 Definitions 6
  • Article   10.2 Scope 6
  • Article   10.3 New Financial Services (1) 6
  • Article   10.4 Treatment of Certain Information and Processing of Information 6
  • Article   10.5 Exceptions 6
  • Article   10.6 Recognition 7
  • Article   10.7 Transparency and Administration of Certain Measures 7
  • Article   10.8 Self-Regulatory Organisations 7
  • Article   10.9 Payment and Clearing Systems 7
  • Article   10.10 Consultations 7
  • Article   10.11 Dispute Settlement 7
  • Article   10.12 Investment Disputes In Financial Services 7
  • Chapter   11 TELECOMMUNICATIONS 7
  • Article   11.1 Definitions 7
  • Article   11.2 Scope 7
  • Article   11.3 Approaches to Regulation 7
  • Article   11.4 Access to and Use of Public Telecommunications Networks and Services 7
  • Article   11.5 Obligations Relating to Suppliers of Public Telecommunications Networks or Services 7
  • Article   11.6 International Mobile Roaming 7
  • Article   11.7 Treatment by Major Suppliers of Public Telecommunications Networks or Services 7
  • Article   11.8 Competitive Safeguards 7
  • Article   11.9 Resale 8
  • Article   11.9 Resale 8
  • Article   11.10 Unbundling of Network Elements 8
  • Article   11.10 Unbundling of Network Elements 8
  • Article   11.11 Interconnection with Major Suppliers General Terms and Conditions 8
  • Article   11.11 Interconnection with Major Suppliers General Terms and Conditions 8
  • Article   11.12 Provisioning and Pricing of Leased Circuits Services by Major Suppliers 8
  • Article   11.12 Provisioning and Pricing of Leased Circuits Services by Major Suppliers 8
  • Article   11.13 Co-Location by Major Suppliers 8
  • Article   11.13 Co-Location by Major Suppliers 8
  • Article   11.14 Access to Facilities Owned or Controlled by Major Suppliers 8
  • Article   11.14 Access to Facilities Owned or Controlled by Major Suppliers 8
  • Article   11.15 International Submarine Cable Systems 8
  • Article   11.15 International Submarine Cable Systems 8
  • Article   11.16 Independent Regulatory Bodies and Government Ownership 8
  • Article   11.16 Independent Regulatory Bodies and Government Ownership 8
  • Article   11.17 Universal Service 8
  • Article   11.17 Universal Service 8
  • Article   11.18 Licensing Process 8
  • Article   11.18 Licensing Process 8
  • Article   11.19 Allocation and Use of Scarce Resources 8
  • Article   11.19 Allocation and Use of Scarce Resources 8
  • Article   11.20 Enforcement 9
  • Article   11.20 Enforcement 9
  • Article   11.21 Resolution of Telecommunications Disputes 9
  • Article   11.21 Resolution of Telecommunications Disputes 9
  • Article   11.22 Transparency 9
  • Article   11.22 Transparency 9
  • Article   11.23 Flexibility In the Choice of Technology 9
  • Article   11.23 Flexibility In the Choice of Technology 9
  • Article   11.24 Relation to other Chapters 9
  • Article   11.24 Relation to other Chapters 9
  • Article   11.25 Relation to International Organisations 9
  • Article   11.25 Relation to International Organisations 9
  • Chapter   12 MOVEMENT OF NATURAL PERSONS 9
  • Chapter   12 MOVEMENT OF NATURAL PERSONS 9
  • Article   12.1 Definitions 9
  • Article   12.1 Definitions 9
  • Article   12.2 Scope 9
  • Article   12.2 Scope 9
  • Article   12.3 Application Procedures 9
  • Article   12.3 Application Procedures 9
  • Article   12.4 Grant of Temporary Entry 9
  • Article   12.4 Grant of Temporary Entry 9
  • Article   12.5 Business Travel 9
  • Article   12.5 Business Travel 9
  • Article   12.6 Provision of Information 9
  • Article   12.6 Provision of Information 9
  • Article   12.7 Relation to other Chapters 9
  • Article   12.7 Relation to other Chapters 9
  • Article   12.8 Dispute Settlement 10
  • Article   12.9 Future Work Program on Contractual Service Suppliers 10
  • Chapter   13 ELECTRONIC COMMERCE 10
  • Article   13.1 Definitions for the Purposes of this Chapter: 10
  • Article   13.2 Scope and General Provisions 10
  • Article   13.3 Cooperation 10
  • Article   13.4 Paperless Trading 10
  • Article   13.5 Electronic Authentication and Electronic Signatures 10
  • Article   13.6 Online Consumer Protection 10
  • Article   13.7 Protection of Personal Information 10
  • Article   13.8 Unsolicited Commercial Electronic Messages 10
  • Article   13.9 Domestic Regulatory Frameworks 10
  • Article   13.10 Transparency 10
  • Article   13.11 Cross-Border Transfer of Information by Electronic Means 10
  • Article   13.12 Location of Computing Facilities 10
  • Article   13.13 Source Code 10
  • Chapter   14 Investment 10
  • Section   A 10
  • Article   14.1 Definitions 10
  • Article   14.2 Scope 10
  • Article   14.3 Relation to other Chapters 10
  • Article   14.4 National Treatment 11
  • Article   14.5 Most-Favoured Nation Treatment 11
  • Article   14.6 Prohibition of Performance Requirements (10)(11) (12) 11
  • Article   14.7 Minimum Standard of Treatment 11
  • Article   14.8 Treatment In Case of Armed Conflict or Civil Strife 11
  • Article   14.9 Transfers 11
  • Article   14.10 Senior Management and Boards of Directors 11
  • Article   14.11 Expropriation and Compensation (16)  11
  • Article   14.12 Subrogation 11
  • Article   14.13 Denial of Benefits (20) 11
  • Article   14.14 Non–Conforming Measures 11
  • Article   14.15 Special Formalities and Disclosure of Information 11
  • Article   14.16 Promotion of Regulatory Objectives 11
  • Article   14.17 Corporate Social Responsibility 11
  • Article   14.18 Committee on Investment 11
  • Section   Section B: Investor-State Dispute Settlement 11
  • Article   14.19 Definitions 11
  • Article   14.20 Scope 11
  • Article   14.21 Exclusion of Claims 12
  • Article   14.22 Consultations 12
  • Article   14.23 Conciliation 12
  • Article   14.24 Claim by an Investor of a Party 12
  • Article   14.25 Submission of a Claim 12
  • Article   14.26 Conditions and Limitations on Submission of a Claim 12
  • Article   14.27 Selection of Arbitrators 12
  • Article   14.28 Security for Costs 12
  • Article   14.29 Consolidation 12
  • Article   14.30 Conduct of the Arbitration 12
  • Article   14.31 Transparency of Arbitral Proceedings 12
  • Article   14.32 Third Party Funding 12
  • Article   14.33 Governing Law 12
  • Article   14.34 Awards 12
  • Article   14.35 Service of Documents 12
  • Chapter   15 ECONOMIC COOPERATION 12
  • Article   15.1 Objectives 12
  • Article   15.2 Scope 12
  • Article   15.3 Committee on Economic Cooperation 12
  • Article   15.4 Formulation of Annual Work Program 12
  • Article   15.5 Contact Points 13
  • Article   15.6 Resources 13
  • Article   15.7 Non-Application of Chapter 20 (Consultations and Dispute Settlement) 13
  • Article   15.8 Relation to other Chapters 13
  • Chapter   16 COMPETITION 13
  • Article   16.1 Definitions 13
  • Article   16.2 Objectives 13
  • Article   16.3 Basic Principles 13
  • Article   16.4 Application of Competition Laws and Regulations (1) 13
  • Article   16.5 Cooperation 13
  • Article   16.6 Notifications 13
  • Article   16.7 Transparency 13
  • Article   16.8 Procedural Fairness 13
  • Article   16.9 Confidentiality of Information 13
  • Article   16.10 Consumer Protection 13
  • Article   16.11 Review 13
  • Article   16.12 Dispute Settlement 13
  • Chapter   17 GENERAL PROVISIONS AND EXCEPTIONS 13
  • Article   17.1 Confidentiality of Information 13
  • Article   17.2 General Exceptions 13
  • Article   17.3 Security Exceptions Nothing In this Agreement Shall Be Construed: 13
  • Article   17.4 Taxation Measures 13
  • Article   17.5 Measures to Safeguard the Balance of Payments 13
  • Chapter   18 INSTITUTIONAL PROVISIONS 13
  • Article   18.1 Establishment of the Joint Committee 13
  • Article   18.2 Functions of the Joint Committee 13
  • Article   18.3 Committees and Subsidiary Bodies 14
  • Article   18.4 Rules of Procedure 14
  • Article   18.5 Meetings of the Joint Committee 14
  • Article   18.6 Contact Points 14
  • Chapter   19 TRANSPARENCY 14
  • Article   19.1 Definitions for the Purposes of this Chapter: 14
  • Article   19.2 Publication 14
  • Article   19.3 Provision of Information 14
  • Article   19.4 Administrative Proceedings 14
  • Article   19.5 Review and Appeal 14
  • Chapter   20 CONSULTATIONS 14
  • Section   A Introductory Provisions 14
  • Article   20.1 Definitions 14
  • Article   20.2 Scope 14
  • Article   20.3 General Provisions 14
  • Article   20.4 Choice of Forum 14
  • Section   Section B: Consultation Provisions 14
  • Article   20.5 Consultations 14
  • Article   20.6 Good Offices, Conciliation, Mediation 14
  • Section   Section C: Adjudication Provisions 14
  • Article   20.7 Request for Establishment of Panels 14
  • Article   20.8 Establishment and Reconvening of Panels 14
  • Article   20.9 Functions of Panels 14
  • Article   20.10 Panel Procedures 14
  • Article   20.11 Suspension and Termination of Proceedings 15
  • Section   Section D: Implementation Provisions 15
  • Article   20.12 Implementation 15
  • Article   20.13 Compliance Review 15
  • Article   20.14 Compensation and Suspension of Concessions or other Obligations 15
  • Article   20.15 Post-Suspension Review 15
  • Section   Section E: Final Provisions 15
  • Article   20.16 Expenses 15
  • Article   20.17 Transmission of Documents 15
  • Article   20.18 Language 15
  • Chapter   21 FINAL PROVISIONS 15
  • Article   21.1 Annexes, Appendices and Footnotes 15
  • Article   21.2 Amendments 15
  • Article   21.3 Amendment of International Agreements 15
  • Article   21.4 Entry Into Force 15
  • Article   21.5 General Review of the Agreement 15
  • Article   21.6 Termination 15
  • Article   21.7 Authentic Texts 15
  • ANNEX I  EXPLANATORY NOTES 15
  • ANNEX I  SCHEDULE OF AUSTRALIA 15
  • ANNEX I  SCHEDULE OF INDONESIA 16
  • Section   A 16
  • Section   B 17
  • Annex II  EXPLANATORY NOTES 18
  • ANNEX II  SCHEDULE OF AUSTRALIA 18
  • Appendix A  AUSTRALIA’S MARKET ACCESS COMMITMENTS SCHEDULE – REGIONAL (STATE AND TERRITORY) LEVEL 19
  • NOTE ON MARITIME TRANSPORT SERVICES 20
  • Appendix B  (60) 20
  • ANNEX II  SCHEDULE OF INDONESIA 20
  • Section   A 20
  • Appendix A  20
  • Section   B 20
  • Section   B 21