3. In case of disagreement as to the existence of a measure complying with the ruling in the final report or to the consistency of that measure with the ruling, such disagreement shall be decided by the same arbitration panel upon the request of either party to the dispute before compensation can be sought or suspension of benefits can be applied in accordance with Article 11.9 (Compensation and Suspension of Benefits). The ruling of the arbitration panel shall normally be rendered within 90 days from the date of receipt of the request.
Article 11.9. Compensation and Suspension of Benefits
1. If the Party complained against does not comply with a ruling of the arbitration panel referred to in Article 11.8 (Implementation of the Final Panel Report), or notifies the complaining Party that it does not intend to comply with the final panel report, that Party shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on mutually acceptable compensation. If no such agreement has been reached within 20 days from the date of receipt of the request, the complaining Party shall be entitled to suspend the application of benefits granted under this Agreement but only equivalent to those affected by the measure or matter that the arbitration panel has found to be inconsistent with this Agreement.
2. In considering what benefits to suspend, the complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure or matter that the arbitration panel has found to be inconsistent with this Agreement. The complaining Party that considers it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors.
3. The complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the date of receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure or matter found to be inconsistent with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel shall be given within 45 days from the date of receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or modified. The ruling of the arbitration panel shall be given within 30 days from the date of receipt of that request.
Article 11.10. Other Provisions
1. Whenever possible, the arbitration panel referred to in Articles 11.8 (Implementation of the Final Panel Report) and 11.9 (Compensation and Suspension of Benefits) shall comprise the same arbitrators who issued the final report. If an arbitrator of the original arbitration panel is unavailable, the appointment of a replacement arbitrator shall be conducted in accordance with the selection procedure for the original arbitrator.
2. Any time period mentioned in this Chapter may be modified by mutual agreement of the parties to the dispute.
Chapter 12. FINAL PROVISIONS
Article 12.1. Footnotes, Annexes and Appendices
The footnotes and Annexes to this Agreement, including their Appendices, constitute an integral part of this Agreement.
Article 12.2. Amendments
1. Any Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation.
2. Amendments to this Agreement shall be subject to ratification, acceptance or approval in accordance with the Parties' respective legal requirements. Unless otherwise agreed by the Parties, amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.
3. Notwithstanding paragraphs 1 and 2, the Joint Committee may decide to amend the Annexes and Appendices to this Agreement. A Party may accept a decision subject to the fulfilment of its domestic legal requirements. Such decision shall enter into force on the first day of the third month following the date that the last Party notifies the Depositary that its domestic legal requirements have been fulfilled, unless otherwise specified in the decision.
4. The text of the amendments and the instruments of ratification, acceptance or approval shall be deposited with the Depositary.
5. If its legal requirements permit, a Party may apply any amendment provisionally, pending its entry into force for that Party. Provisional application of amendments shall be notified to the Depositary.
Article 12.3. Accession
1. Any State becoming a Member of EFTA may accede to this Agreement on terms and conditions agreed by the Parties and the acceding State.
2. In relation to an acceding State, this Agreement shall enter into force on the first day of the third month following the date on which the acceding State and the existing Parties have deposited their instruments of ratification, acceptance or approval of the terms of accession.
Article 12.4. Withdrawal and Expiration
1. Each Party may withdraw from this Agreement by means of a written notification to the Depositary. The withdrawal shall take effect six months from the date on which the notification is received by the Depositary.
2. If Indonesia withdraws, this Agreement shall expire when its withdrawal takes effect in accordance with paragraph 1.
3. Any EFTA State which withdraws from the Convention establishing the European Free Trade Association shall, ipso facto on the same day as the withdrawal takes effect, cease to be a Party to this Agreement.
Article 12.5. Entry Into Force
1. This Agreement shall be subject to ratification, acceptance or approval in accordance with the respective legal and constitutional requirements of the Parties. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. This Agreement shall enter into force on the first day of the third month after at least two EFTA States and Indonesia have deposited their instrument of ratification, acceptance or approval.
3. In relation to an EFTA State depositing its instrument of ratification, acceptance or approval after this Agreement has entered into force, this Agreement shall enter into force on the first day of the third month following the deposit of its instrument of ratification, acceptance or approval.
Article 12.6. Depositary
The Government of Norway shall act as Depositary.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.
Done in Jakarta, Indonesia, this 16 day of December 2018, in one original in the English language, which shall be deposited with the Depositary, who shall transmit certified copies to all the Parties.
For Iceland
For the Republic of Indonesia
For the Principality of Liechtenstein
For the Kingdom of Norway
For the Swiss Confederation
Attachments
Annex XVI. REFERRED TO IN ARTICLE 4.5. SCHEDULES OF SPECIFIC COMMITMENTS
Appendix 1 to Annex XVI. INDONESIA – SCHEDULE OF SPECIFIC COMMITMENTS
1. The list set out in this Appendix (hereinafter referred to as the “list”) indicates the sectors and sub-sectors liberalised pursuant to Articles 4.4 (National Treatment) and 4.5 (Schedule of Specific Commitments) of the Agreement that apply to juridical and natural persons of the EFTA States and to the commercial presence of such persons in those sectors and sub-sectors.
2. The list is composed of the following elements:
(a) the first column indicating the sector or sub-sector in which the commitment is undertaken by Indonesia; and
(b) the second column describing the applicable limitations. Commercial presence of natural and juridical persons of an EFTA State in sectors or sub-sectors covered by the Agreement and either not mentioned in the list below or listed as unbound are not committed. Where a listed sector or subsector also contains an element of supply of services, only the non-services aspects of the sector or subsector is committed in this list.
3. The identification of individual sectors and sub-sectors is based on the International Standard Industrial Classification of All Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 4/Rev. 4(hereinafter referred to as “rev 4”).
4. For the purposes of this Appendix:
(a) “partnership” means cooperation in business linkage between micro, small, and medium sized enterprises (hereinafter referred to as “SMEs” (1)) and large business (2) and the latter must invest more than IDR 15 billion (including land and building) and employ more than 20 people (3); and
(b) “plasma” means a form of partnership, in which the commercial presence is required to foster and develop SMEs. (4)
5. The rights and obligations arising from the list shall have no self-executing effect and thus not directly confer rights to natural or juridical persons of an EFTA State.
| Sector or Sub-Sector | Description of reservations by Indonesia |
| ALL SECTORS | Organisational issues Commercial presence of a natural or juridical person of an EFTA State in Indonesia must take the form of a Perseroan Terbatas subject to Indonesia’s Corporate Law. The position of director of personnel affairs in a commercial presence of a natural or juridical person of an EFTA State must be occupied by Indonesian national. Registration and Minimum Investment Requirements Registration of a commercial presence of a natural or juridical person of an EFTA State shall have an investment of more than IDR 10 billion (excluding land and building) unless otherwise specified. Subsidies No commitments are taken with regard to subsidies. |
| A. AGRICULTURE, FORESTRY AND FISHING | |
| 01 Crop and Animal Production, Hunting and Related Service Activities | |
| 0111 Growing of cereals (except rice), leguminous crops and oil seeds | None, except: - growing of cereals (except rice), leguminous crops and oil seeds in an area of more than 25 ha, which is bound by maximum 49% foreign equity participation limitation. - unbound for growing of cereals (except rice), leguminous crops and oil seeds in an area of 25 ha or less. |
| 0112 Growing of rice | Growing of rice is bound by maximum 49% foreign equity participation limitation. |
| 0113 Growing of vegetables and melons, roots and tubers | None, except: - growing of roots and tubers in an area of more than 25 ha, which are bound by maximum 49% foreign equity participation limitation. - growing of leafy or stem vegetables, fruit bearing vegetable seeds (except beet seeds), sugar beet, mushrooms and truffles, which are bound by maximum 30% foreign equity participation limitation. - unbound for growing of roots and tubers in an area of 25 ha or less. |
| 0114 Growing of sugar cane | None, except: - growing of sugar cane in an area of more than 25 ha, which is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. - unbound for growing of sugar cane in an area of 25 ha or less. |
| 0115 Growing of tobacco | None, except: - growing of tobacco in an area of more than 25 ha, which is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. - unbound for growing of tobacco in an area of 25 ha or less. |
| 0116 Growing of fibre crops | None, except: - growing of fibre crops in an area of more than 25 ha, which is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. - unbound for growing of fibre crops in an area of 25 ha or less. |
| 0119 Growing of other non-perennial crops | None, except: - growing of flowers and flower seed, which is bound by maximum 30% foreign equity participation limitation. |
| 0121 Growing of grapes | Growing of grapes is bound by maximum 30% foreign equity participation limitation. |
| 0122 Growing of tropical and subtropical fruits | Growing of tropical and subtropical fruits is bound by maximum 30% foreign equity participation limitation. |
| 0123 Growing of citrus fruits | Growing of tropical and subtropical fruits is bound by maximum 30% foreign equity participation limitation. |
| 0124 Growing of pome fruits and stone fruits | Growing of pome fruits and stone fruits is bound by maximum 30% foreign equity participation limitation. |
| 0125 Growing of other tree and bush fruits and nuts | None, except: - growing of berries, which is bound by maximum 30% foreign equity participation limitation. - unbound for growing of fruit seeds. |
| 0126 Growing of oleaginous fruits | None, except: - growing of oleaginous fruits in an area of more than 25 ha, which is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. - unbound for growing oleaginous fruits in an area of 25 ha or less. |
| 0127 Growing of beverage crops | None, except: - growing of beverage crops in an area of more than 25 ha is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. - unbound for growing beverage crops in an area of 25 ha or less. |
| 0128 Growing of spices, aromatic, drug and pharmaceutical crops | None, except: - growing of perennial and non-perennial spices and aromatic crops and growing of plants used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes in an area of more than 25 ha, which is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. - unbound for: • growing of perennial and non-perennial spices and aromatic crops; and growing of plants used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes in an area of 25 ha or less. • growing of drug and narcotic crops. |
| 0129 Growing of other perennial crops | None, except: - growing of other perennial crops in an area of more than 25 ha is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. - unbound for growing of other perennial crops in an area of 25 ha or less. 0130 Plant propagation Plant propagation is bound by maximum 30% foreign equity participation limitation. |
| 0141 Raising of cattle and buffaloes | None |
| 0142 Raising of horses and other equines | None |
| 0143 Raising of camels and camelids | None |
| 0144 Raising of sheep and goats | None |
| 0145 Raising of swine/pigs | None, except: - raising of more than 125 swine/pigs is bound by specific locations requirement specified by the Ministry of Agriculture. - unbound for raising of 125 swine/pigs or less. |
| 0146 Raising of poultry | Unbound for raising of chicken and swallow. |
| 0149 Raising of other animals | None, except: - raising of silk worms and production of silk worms cocoons, which is bound by partnership requirement. |
| 0150 Mixed farming | None |
| 0161 Support activities for crop production | None |
| 0162 Support activities for animal production | None |
| 0163 Post-harvest crop activities | Unbound |
| 0164 Seed processing for propagation | None |
| 017 Hunting trapping and related service activities | Unbound |
| 02 Forestry and Logging | |
| 021 Silviculture and other forestry activities | None except: - production of rattan, which is bound by partnership requirement. - production of oleo pine resin, which is bound by partnership requirement. - production of bamboo, which is bound by partnership requirement. - production of Shorea Javanica, which is bound by partnership requirement. - production of agarwood, which is bound by partnership requirement. - production of shellac, alternative crops (sago), gums and honeybee farming, which is bound by partnership requirement. - unbound for operation of other plantation forests (inter alia: sugar palms, candlenuts, tamarind seeds, charcoal raw materials, cinnamon) (reserved for SMEs). |
| 022 Logging | Unbound, except logging as an integral part of production (such as in the manufacture of paper, pulp, carpentry, rayon fibre, bio-energy, sawmill and wooden panel). |
| 023 Gathering of non-wood forest products | Unbound for: - primary industry of forest products processing: oleo pine resin (reserved for SMEs). - primary industry of forest products processing: bamboo (reserved for SMEs). |
| 03 Fishing and Aquaculture | |
| 0311 Marine fishing | Unbound |
| 0312 Freshwater fishing | Unbound |
| 0321 Marine aquaculture | None, except: - operation of fish hatcheries (marine), which is bound by partnership requirement. |
| 0322 Freshwater aquaculture | None, except: - operation of fish hatcheries (freshwater), which is bound by partnership requirement. |
| B. MINING AND QUARRYING | |
| 05 Mining of Coal and Lignite | |
| 051 Mining of hard coal | None, except: - auction of Metallic Mineral or Coal • A private business entity in the framework of foreign direct investment is only entitled as a participant in the auction of metallic mineral or coal WIUP with the size of more than 500 ha. • WIUP refers to an area given to the holder of a Mining Business License. Mining business license for foreign investment shall be given by the Minister of Energy and Mineral Resources of the Republic of Indonesia. (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). - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). |
| 052 Mining of lignite | None, except: - auction of Metalic Mineral or Coal • A private business entity in the framework of foreign direct investment is only entitled as a participant in the auction of metallic mineral or coal WIUP with the size of more than 500 ha. • WIUP refers to an area given to the holder of a Mining Business License. Mining business license for foreign investment shall be given by the Minister of Energy and Mineral Resources of the Republic of Indonesia. (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). - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). |
| 06 Extraction of Crude Petroleum and Natural Gas | |
| 061 Extraction of crude petroleum | None |
| 062 Extraction of natural gas | None |
| 07 Mining of Metal Ores | |
| 071 Mining of iron ores | None, except: - auction of Metalic Mineral or Coal • Private business entity in the framework of foreign direct investment is only entitled as a participant in the auction of metallic mineral or coal WIUP with the size of more than 500 ha • WIUP refers to an area given to the holder of a Mining Business License. Mining business license for foreign investment shall be given by the Minister of Energy and Mineral Resources of the Republic of Indonesia. (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). - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). |
| 0721 Mining of uranium and thorium ores | Unbound (Law No. 10 of 1998 concerning Nuclear Energy) |
| 0729 Mining of other non-ferrous metal ores | None, except: - auction of Metallic Mineral or Coal • Private business entity in the framework of foreign direct investment is only entitled as a participant in the auction of metallic mineral or coal WIUP with the size of more than 500 ha. • WIUP refers to an area given to the holder of a Mining Business License. Mining business license for foreign investment shall be given by the Minister of Energy and Mineral Resources of the Republic of Indonesia. 10 (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). - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). |
| 08 Other Mining and Quarrying | |
| 081 Quarrying of stone, sand and clay | None, except: - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). - unbound for sea sand extraction. |
| 0891 Mining of chemical and fertilizer minerals | None, except: - auction of Metallic Mineral or Coal • Private business entity in the framework of foreign direct investment is only entitled as a participant in the auction of metallic mineral or coal WIUP with the size of more than 500 ha. • WIUP refers to an area given to the holder of a Mining Business License. Mining business license for foreign investment shall be given by the Minister of Energy and Mineral Resources of the Republic of Indonesia. (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). - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). |
| 0892 Extraction of peat | None, except: - auction of Metallic Mineral or Coal • Private business entity in the framework of foreign direct investment is only entitled as a participant in the auction of metallic mineral or coal WIUP with the size of more than 500 ha. • WIUP refers to an area given to the holder of a Mining Business License. Mining business license for foreign investment shall be given by the Minister of Energy and Mineral Resources of the Republic of Indonesia. (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). - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). |
| 0893 Extraction of salt | None |
| 0899 Other mining and quarrying n.e.c. | None, except: - auction of Metallic Mineral or Coal • Private business entity in the framework of foreign direct investment is only entitled as a participant in the auction of metallic mineral or coal WIUP with the size of more than 500 ha. • WIUP refers to an area given to the holder of a Mining Business License. Mining business license for foreign investment shall be given by the Minister of Energy and Mineral Resources of the Republic of Indonesia. (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). - divestment • Mining business license for foreign investment shall be given by the Ministry of Energy and Mineral Resources of the Republic of Indonesia. (Regulation of the Ministry of Energy and Mineral Resources No. 9 of 2017 Concerning Procedures of Divestment of Shares and Mechanism on Divestment Stock Pricing). |
| C. MANUFACTURING | |
| 10 Manufacture of Food Products | |
| 1010 Processing and preserving of meat | None |
| 1020 Processing and preserving of fish, crustaceans and molluscs | None, except preparation and preserving of fish: drying, salting, smoking and production of cooked fish, which is allowed through partnership cooperation. |
| 1030 Processing and preserving of fruit and vegetables | None, except processing and preserving of fruits and vegetables classified as horticulture, which is bound by 30% foreign equity participation limitation. |
| 1040 Manufacture of vegetable and animal oils and fats | Foreign equity participation is allowed up to 95% with the obligations to use 20% of raw material from their own farm. |
| 1050 Manufacture of dairy products | None, except milk powder processing and condensed milk industry, which are bound by partnership requirement. |
| 1061 Manufacture of grain mill products | None, except vegetable milling of edible nut, which is bound by partnership requirement. |
| 1062 Manufacture of starches and starch products | None |
| 1071 Manufacture of bakery products | None |
| 1072 Manufacture of sugar | Unbound, except: - refining of sugar sourced from more than 1000 ton of cane per day (according to Minister of Agriculture Regulation No. 98 of 2013), which is bound by partnership requirement. - manufacture of sugar, sugar cane, sugar cane residue, which is bound by maximum 95% foreign equity participation limitation and is subject to sourcing at least 20% of its production from the plasma or small holders. |
| 1073 Manufacture of cocoa, chocolate and sugar confectionery | None |
| 1074 Manufacture of macaroni, noodles, couscous and similar farinaceous products | None |
| 1075 Manufacture of prepared meals and dishes | None |
| 1079 Manufacture of other food products n.e.c. | Foreign equity participation is allowed up to 95 % with the obligations to use 20% of raw material from their own farm. |
| 1080 Manufacture of prepared animal feeds | None |
| 11 Manufacture of Beverages | |
| 1101 Distilling, rectifying and blending of spirits | Unbound |
| 1102 Manufacture of wines | Unbound |
| 1103 Manufacture of malt liquors and malt | Unbound |
| 1104 Manufacture of soft drinks; production of mineral waters and other bottled waters | None |
| 12 Manufacture of Tobacco Products | |
| 1200 Manufacture of tobacco products | Subject to recommendation from the Ministry of Industry (Regulation No. 64 of 2104): - for new investment, only for a small- and medium scale cigarette industry in partnership with a large-scale cigarette industry holding an Industrial Business License (IUI) of the similar business field. - for business expansion, only for a cigarette industry holding an IUI of the similar business field. |
| 13 Manufacture of Textiles | |
| 1311 Preparation and spinning of textile fibres | None |
| 1312 Weaving of textiles | Unbound for weaving of textiles by handloom |
| 1313 Finishing of textiles | None, except: - stamped batik industry, which is bound by partnership requirement - unbound for: • dyeing of yarns from natural or artificial fibres for dyed/patterned yearns • ikat with handlooms industry • fabric printing industry • hand-drawn batik industry |
| 1391 Manufacture of knitted and crocheted fabrics | Unbound |
| 1392 Manufacture of made-up textile articles, except apparel | None |
| 1393 Manufacture of carpets and rugs | None |
| 1394 Manufacture of cordage, rope, twine and netting | None |
| 1399 Manufacture of other textiles n.e.c. | None |
| 14 Manufacture of Wearing Apparel | |
| 1410 Manufacture of wearing apparel, except fur apparel | Unbound for manufacture of mukena, scarves, headscarves, and other traditional apparel KBLI 14111. |
| 1420 Manufacture of articles of fur | None |
| 1430 Manufacture of knitted and crocheted apparel | None |
| 15 Manufacture of Leather and Related Products | |
| 1511 Tanning and dressing of leather; dressing and dyeing of fur | None |
| 1512 Manufacture of luggage, handbags and the like, saddlery and harness | None |
| 1520 Manufacture of footwear | None |
| 16 Manufacture of Wood and of Products of Wood and Cork, except Furniture; Manufacture of Articles of Straw and Plaiting Materials | |
| 1610 Sawmilling and planing of wood | None, except: - processed rattan industry which is bound by partnership; preserved rattan, bamboo and the like industry which is bound by partnership. - sawn timber industry with production capacity above 2,000 M3/year, which is bound by recommendation of continued raw material supply from the Ministry of Environment and Forestry ( Regulation No 43 of 2009). - unbound for: • sawmill industry (production capacity of up to 2000M3/year) (reserved for SMEs) • rattan processing primary industry (reserved for SMEs) |
| 1621 Manufacture of veneer sheets and wood-based panels | None, except: - veneer industry which is bound by recommendation of continued raw material supply from the Ministry of Environment and Forestry (Regulation No. P.30 of 2016). - plywood industry, which is bound by recommendation of continued raw material supply from the Ministry of Environment and Forestry (Regulation No. P.30 of 2016). - laminated veneer lumber (LVL) industry which is bound by recommendation of continued raw material supply from the Ministry of Environment and Forestry (Regulation No. P.30 of 2016). |
| 1622 Manufacture of builders’ carpentry and joinery | None, except wooden goods industry (mouldings and construction material components industry), which is bound by partnership requirement |
| 1623 Manufacture of wooden containers | None |
| 1629 Manufacture of other products of wood; manufacture of articles of cork, straw and plaiting materials | None, except: - wood chip industry, which is bound by recommendation of continued raw material supply from the Ministry of Environment and Forestry (Regulation No 43 of 2009). - wood pellet industry, which is bound by recommendation of continued raw material supply from the Ministry of Environment and Forestry (Regulation No 43 of 2009). - unbound for: • rattan and bamboo plaiting industry (reserved for SMEs) • non-rattan and bamboo plaiting industry (reserved for SMEs) • carving handy craft industry from wood except furniture industry (reserved for SMEs) • kitchenware industry from wood, rattan and bamboo (reserved for SMEs) • wood, rattan, and cork industry that is not elsewhere classified (reserved for SMEs) |
| Manufacture of Paper and Paper Products | |
| 1701 Manufacture of pulp, paper and paperboard | None, except: - manufacture of pulp from wood (using raw materials from industrial forest plantation, or imported chips, subject to domestic insufficiency). |
| 1702 Manufacture of corrugated paper and paperboard and of containers of paper and paperboard | None |
| 1709 Manufacture of other articles of paper and paperboard | None |
| 18 Publishing, Printing and Reproduction of Recorded Media | |
| 1811 Printing | None |
| 1820 Reproduction of recorded media | None |
| 19 Manufacture of Coke, Refined Petroleum Products | |
| 1910 Manufacture of coke oven products | None |
| 1920 Manufacture of refined petroleum products | None |
| 20 Manufacture of Chemicals and Chemical Products | |
| 2011 Manufacture of basic chemicals | None, except: - cyclamate and saccharine industry, which is according to the requirement stipulated by National Agency of Drug and Food Control (Regulation No. 4 of 2014) and Ministry of Trade (Regulation No. 230/MPP/KEP/7/2998 of 1997). - raw material industry for explosives which is bound by maximum 49% foreign capital ownership and 51% state-owned enterprises, and recommendation from Ministry of Defense (Regulation No. 5 of 2016). - unbound for: • chloral Alkali making industry under mercury process. • industrial chemical industry and ozone depleting substances (BPO): Polychlorinated Biphenyl (PCB), Hexachlorobenzene and Carbon Tetrachloride (CTC), Methyl Chloroform, Methyl Bromide, Trichloro Fluoro Methane (CFC-11), Dichloro Trifluoro Ethane (CFC-12), Trichloro Trifluoro Ethane (CFC-113), Dichloro Tetra Fluoro Ethane (CFC-114), Chloro Pentafluoro Ethane (CFC-115), Chloro Trifluoro Methane (CFC-13), Tetrachloro Difluoro Ethane (CFC-112), Pentachloro Fluoro Ethane (CFC-111), Chloro Heptafluoro Propane (CFC-217), Dichloro Hexafluoro Propane (CFC-216), Trichloro Pentafluoro Propane (CFC-215), Tetrachloro Tetrafluoro Propane (CFC-214), Pentachloro Trifluoro Propane (CFC-213), Hexachloro Difluoro Propane (CFC-211), Bromo Chloro Difluoro Methane (Halon-1211), Bromo Trifluoro Methane (Halon-1301), Dibromo Tetrafluoro Ethane (Halon-2402), R-500, R-502. • industry of chemicals listed in Schedule 1 of the Chemical Weapons Convention as incorporated in Appendix I to Law Number 9 Year 2008 Concerning Use of Chemicals as Chemical Weapons. |
| 2012 Manufacture of fertilizers and nitrogen compounds | None |
| 2013 Manufacture of plastics in primary forms | None |
| 2021 Manufacture of pesticides and other agrochemical products | Unbound for industry of pesticide active substances: DichloroDiphenylTrichloroethane (DDT), Aldrin, Endrin, Dieldrin, Chlordane, Heptachlor, Mirex, and Toxaphene |
| 2022 Manufacture of paints, varnishes and similar coatings, printing ink and mastics | None |
| 2023 Manufacture of soap and detergents, cleaning and polishing preparations, perfumes and toilet preparations | None |
| 2029 Manufacture of other chemical products n.e.c. | None, except: - jatropha plantation and jatropha oil industry (foreign capital ownership: max. 95% and obligation of 20% plasma plantation) - essential oil plantation and essential oil industry (foreign capital ownership: max. 95% and obligation of 20% plasma plantation) - granular jathropa oil Industry (foreign capital ownership: max.95% and minimum of 20% raw materials sourced from own plantation) - special ink industry (operational license from Counterfeit Money Eradication Coordination Agency / State Intelligence Agency, and recommendation from the Ministry of Industry)(Regulation No 07/BIM/PER/7of 2013) - main and/or supporting component industry (foreign capital ownership: max. 49% and 51% for state-owned enterprises, and recommendation from the Ministry of Defense) (Regulation No.5 of 2016) - component and/or support (supply) industry (foreign capital ownership: max. 49% and 51% for state-owned enterprises, and recommendation from the Ministry of Defense) (Regulation No.5 of 2016); - essential oils industry, which is bound by partnership requirement - unbound for jatrophacurcas oil industry (reserved for SMEs) |
| 2030 Manufacture of man-made fibres | None |
| 21 Manufacture of Pharmaceuticals, Medicinal Chemical and Botanical Products | |
| 2100 Manufacture of pharmaceuticals, medicinal chemical and botanical products | None |
| 22 Manufacture of Rubber and Plastics Products | |
| 2211 Manufacture of rubber tyres and tubes; retreading and rebuilding of rubber tyres | None |
| 2219 Manufacture of other rubber products | None |
| 2220 Manufacture of plastics products | None |
| 23 Manufacture of Other Non-Metallic Mineral Products | |
| 2310 Manufacture of glass and glass products | None |
| 2391 Manufacture of refractory products | None |
| 2392 Manufacture of clay building materials | None, except: - clay/ceramics bricks industry, which is bound by partnership requirement |
| 2393 Manufacture of other porcelain and ceramic products | None, except: - other clay/ceramic products industry, which is bound by partnership requirement - unbound for clay made household necessities industry especially earthenware (reserved for SMEs) |
| 2394 Manufacture of cement, lime and plaster | None, except: - lime industry which is bound by partnership requirement |
| 2395 Manufacture of articles of concrete, cement and plaster | None, except: - goods made from cement industry, which is bound by partnership requirement - goods made from lime industry, which is bound by partnership requirement - other goods made from cement and lime industry which is bound by partnership requirement |
| 2396 Cutting, shaping and finishing of stone | None |
| 2399 Manufacture of other non-metallic mineral products n.e.c. | None |
| 24 Manufacture of Basic Metals | |
| 2410 Manufacture of basic iron and steel | None |
| 2420 Manufacture of basic precious and non-ferrous metals | None, except lead smelting industry, which is bound by Recommendation from the Ministry of Environment and Ministry of Industry for industry using used accu raw materials (Regulation No.18 of 2009) |
| 2431 Casting of iron and steel | None |
| 2432 Casting of non-ferrous metals | None |
| 25 Manufacture of Fabricated Metal Products, Except Machinery and Equipment | |
| 2511 Manufacture of structural metal products | None |
| 2512 Manufacture of tanks, reservoirs and containers of metal | None |
| 2513 Manufacture of steam generators, except central heating hot water boilers | None |
| 2520 Manufacture of weapons and ammunition | Unbound for main equipment industry |
| 2591 Forging, pressing, stamping and roll-forming of metal; powder metallurgy | None |
| 2592 Treatment and coating of metals; machining | None |
| 2593 Manufacture of cutlery, hand tools and general hardware | None, except: - main equipment industry; Hand tools Industry for agricultural for land preparation production process, harvesting, post-harvest and cultivation except hoe and spades, which is unbound (reserved for SMEs). - manual or semi mechanical processed hand tools industry for handwork and cutting, which is unbound (reserved for SMEs). |
| 2599 Manufacture of other fabricated metal products n.e.c. | None |
| 26 Manufacture of Computer, Electronic and Optical Products | |
| 2610 Manufacture of electronic components and boards | None |
| 2620 Manufacture of computers and peripheral equipment | None |
| 2630 Manufacture of communication equipment | None |
| 2640 Manufacture of consumer electronics | None |
| 2640 Manufacture of consumer electronics | None |
| 2651 Manufacture of measuring, testing, navigating and control equipment | None |
| 2652 Manufacture of watches and clocks | None |
| 2660 Manufacture of irradiation, electromedical and electrotherapeutical equipment | None |
| 2670 Manufacture of optical instruments and photographic equipment | None |
| 2680 Manufacture of magnetic and optical media | None |
| 27 Manufacture of Electrical Equipment | |
| 2710 Manufacture of electric motors, generators, transformers and electricity distribution and control apparatus | None |
| 2720 Manufacture of batteries and accumulators | None |
| 2731 Manufacture of fibre optic cables | None |
| 2732 Manufacture of other electronic and electric wires and cables | None |
| 2733 Manufacture of wiring devices | None |
| 2740 Manufacture of electric lighting equipment | None |
| 2750 Manufacture of domestic appliances | None |
| 2790 Manufacture of other electric equipment | None |
| 28 Manufacture of Machinery and Equipment n.e.c. | |
| 281 Manufacture of general-purpose machinery | |
| 2811 Manufacture of engines and turbines, except aircraft, vehicle and cycle engines | None, except: - manufacture of pistons, piston rings, carburettors and such for all internal combustion engines, diesel engine, turbines and parts, boiler-turbine sets and turbine-generator sets, which is bound by partnership requirement |
| 2812 Manufacture of fluid power equipment | None |
| 2813 Manufacture of other pumps, compressors, taps and valves | None, except: - manufacture of pump and compressor, which is bound by partnership requirement |
| 2814 Manufacture of bearings, gears, gearing and driving elements | None |
| 2815 Manufacture of ovens, furnaces and furnace burners | None |
| 2816 Manufacture of lifting and handling equipment | None |
| 2817 Manufacture of office machinery and equipment (except computers and peripheral equipment) | None |
| 2818 Manufacture of power-driven hand tools | None |
| 2819 Manufacture of other general-purpose machinery | None |
| 282 Manufacture of special-purpose machinery | |
| 2821 Manufacture of agricultural and forestry machinery | None, except: - manufacture of agricultural and forestry machinery using medium technology (such as paddy thrashers, corn peeler, and hand tractor), which is bound by partnership requirement |
| 2822 Manufacture of metal-forming machinery and machine tools | None |
| 2823 Manufacture of machinery for metallurgy | None |
| 2824 Manufacture of machinery for mining, quarrying and construction | None |
| 2825 Manufacture of machinery for food, beverage and tobacco processing | None |
| 2826 Manufacture of machinery for textile, apparel and leather production | None |
| 2829 Manufacture of other special-purpose machinery | None |
| 29 Manufacture of Motor Vehicles, Trailers and Semi-Trailers | |
| 2910 Manufacture of motor vehicles | None |
| 2920 Manufacture of bodies (coachwork) for motor vehicles; manufacture of trailers and semi-trailers | None |
| 2930 Manufacture of parts and accessories for motor vehicles | None |
| 30 Manufacture of Other Transport Equipment | None |
| 3011 Building of ships and floating structures | None, except: - building of wooden ships and floating structures for marine tourism and fishing, which is bound by partnership requirement |
| 3012 Building and repairing of pleasure and sporting boats | None, except: - for building and repairing of wooden pleasure and sporting boats, which is bound by partnership requirement |
| 3020 Manufacture of railway locomotives and rolling stock | None |
| 3030 Manufacture of aircraft and spacecraft and related machinery | Unbound for manufacture of military aircraft, spacecraft, and related machinery, including its complementing parts and accessories |
| 3040 Manufacture of military fighting vehicles | Unbound |
| 309 Manufacture of Transport Equipment n.e.c. | |
| 3091 Manufacture of Motorcycle | None, except: - for manufacture of parts and accessories for motorcycles, which is bound by partnership requirement |
| 3092 Manufacture of bicycles and invalid carriages | None, except: - for manufacture of parts and accessories of bicycles, which is bound by partnership requirement |
| 3099 Manufacture of transport equipment n.e.c. | None |
| 31 Manufacture of Furniture | |
| 3100 Manufacture of furniture | None |
| 32 Other Manufacturing | |
| 3211 Manufacture of jewellery and related articles | None, except for working of diamonds, manufacture of jewellery of precious metal, which is bound by partnership |
| 3212 Manufacture of imitation jewellery and related articles | Bound by partnership |
| 3220 Manufacture of musical instruments | Unbound for manufacture of traditional musical instrument |
| 3230 Manufacture of sports goods | None |
| 3240 Manufacture of games and toys | None |
| 3250 Manufacture of medical and dental instruments and supplies | None |
| 3290 Other manufacturing n.e.c | None, except: - for manufacture of handicraft n.e.c., which is bound by partnership requirement |
| D. ELECTRICITY, GAS, STEAM AND AIR CONDITIONING SUPPLY | |
| 35 Electricity, Gas, Steam and Air Conditioning Supply | |
| 3510 Electic power generation, transmission and distribution | None, except: - unbound for power plant <1 MW - small scale power plant (1 – 10 MW), which is bound by maximum foreign capital ownership 49% - geothermal power plant ≤ 10 MW, which is bound by maximum foreign capital ownership 67% - power plant >10 MW, which is bound by maximum foreign capital ownership 95% (100% in the case of public private partnership/PPP during concession period) |
| 3520 Manufacture of gas; distribution of gaseous fuels through mains | None |
| 3530 Steam and air conditioning supply | None |
| E Water supply; sewerage, waste management and remediation activities | |
| 36 Water Collection, Treatment and Supply | |
| 3600 Water collection, treatment and supply | None, except: - water collection, treatment and supply of drinking water services, which is bound by maximum foreign equity participation of 95% |
Appendix 2 to Annex XVI. ICELAND – SCHEDULE OF SPECIFIC COMMITMENTS
1. The list of commitments below indicates the sectors liberalised pursuant to Article 4.5 (Schedule of Specific Commitments) of the Agreement and, by means of reservations, the national treatment conditions and qualifications that apply to juridical and natural persons of Indonesia, and to the commercial presence of such persons in those sectors. The list below is composed of the following elements:
(a) the first column indicates the sector or sub-sector in which the commitment is undertaken by Iceland, and the scope of liberalisation to which the reservations apply; and
(b) the second column describes the applicable reservations.
Sectors or sub-sectors not mentioned in the list below are not committed.
2. In identifying individual sectors and sub-sectors, for the purposes of this Appendix “ISIC Rev 4” means the International Standard Industrial Classification of All Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M No. 4/Rev.4.
3. Notwithstanding Article 4.4 (National Treatment) of the Agreement, non-discriminatory requirements as regards the type of legal form of an establishment does not need to be specified in the below list of commitments in order to be maintained or adopted by Iceland.
4. For greater certainty, the list of commitments below only covers activities which fall under the scope of Chapter 4 (Investment) of the Agreement. Where a listed sector or sub-sector also contains an element of supply of services, only the non-services aspects of the sector or sub-sector is committed in this list.
5. The rights and obligations arising from the list below shall have no self-executing effect and thus not confer rights directly on natural or juridical persons.
| Sector or Sub-sector | Description of Reservations |
| ALL SECTORS | The majority of the founders, the manager(s) and at least half the board of directors, of a private limited company or a public limited company must either be resident in Iceland, in another European Economic Area (hereinafter referred to as “EEA”) Member State, in another EFTA State or in the Faroe Islands. (1) The Minister of Commerce may grant exemptions from these restrictions. |
| ALL SECTORS | Only Icelandic citizens and Icelandic legal entities and citizens and legal entities from another EEA Member State, another EFTA State or from the Faroe Islands are allowed to own real estate in Iceland unless the ownership and use is linked to an investment in real estate pertaining to the business activity of the investor. (2) The same applies to the hiring of a real estate if the duration of the lease lasts for more than 3 years. These restrictions do not apply to a non- EEA citizen who has been residing in Iceland for at least five years. The Minister of Justice may grant exemptions from these restrictions. |
A. AGRICULTURE, FORESTRY AND FISHING
Crop and Animal Production, Hunting and Related Service Activities (ISIC Rev 4: 01, excluding 0170 related service activities)
None
Forestry and Logging (ISIC Rev 4: 02, excluding 0240 support services to forestry)
None
Fishing and Aquaculture (ISIC Rev 4: 03)
Only the following may conduct fishing operations within the Icelandic fisheries jurisdiction:
(a) Icelandic citizens and other Icelandic persons.
(b) Icelandic legal persons which are wholly owned by Icelandic persons or Icelandic legal persons which:
(i) are controlled by Icelandic entities;
(ii) are not under more than 25% ownership of foreign residents calculated on the basis of share capital or initial capital. However, if the share of an Icelandic legal person in a legal person conducting fishing operations in the Icelandic fisheries jurisdiction or fish processing in Iceland is not above 5%, the share of the foreign resident may be up to 33%;
(iii) are in other respects under the ownership of Icelandic citizens or Icelandic legal persons controlled by Icelandic persons.
Only Icelandic citizens and Icelandic legal entities and citizens and legal entities from another EEA Member State, from another EFTA State or from the Faroe Islands are allowed to own and manage enterprises engaged in fish auctioning in Iceland. (3)
B. MINING AND QUARRYING
Mining of Coal and Lignite (ISIC Rev 4: 05)
None
Extraction of Crude Petroleum and Natural Gas (ISIC Rev 4: 06)
None
Mining of Metal Ores (ISIC Rev 4: 07)
None
Other Mining and Quarrying (ISIC Rev 4: 08)
None
C. MANUFACTURING
Manufacture of Food Products (ISIC Rev 4: 10)
Only the following may own or run enterprises engaged in fish processing in Iceland:
(a) Icelandic citizens and other Icelandic persons.
(b) Icelandic legal persons which are wholly owned by Icelandic persons or Icelandic legal persons which:
(i) are controlled by Icelandic entities;
(ii) are not under more than 25% ownership of foreign residents calculated on the basis of share capital or initial capital. However, if the share of an Icelandic legal person in a legal person conducting fishing operations in the Icelandic fisheries jurisdiction or fish processing in Iceland is not above 5%, the share of the foreign resident may be up to 33%;
(iii) are in other respects under the ownership of Icelandic citizens or Icelandic legal persons controlled by Icelandic persons.
Fish processing in this context is freezing, salting, drying and any other process used to initially preserve fish and fish products, including melting and meal processing. This reservation does not apply to secondary fish processing.
Manufacture of Beverages (ISIC Rev 4: 11)
None
Manufacture of Tobacco Products (ISIC Rev 4: 12)
None
Manufacture of Textiles (ISIC Rev 4: 13)
None
Manufacture of Wearing Apparel (ISIC Rev 4: 14)
None
Manufacture of Leather and Related Products (ISIC Rev 4: 15)
None
Manufacture of Wood and of Products of Wood and Cork, except Furniture; Manufacture of Products of Straw and Plaiting Materials (ISIC Rev 4: 16)
None
Manufacture of Paper and Paper Products (ISIC Rev 4: 17)
None
Printing and Reproduction of Recorded Media (ISIC Rev 4: 18)
None
Manufacture of Coke and Refined Petroleum Products (ISIC Rev 4: 19)
None
Manufacture of Chemicals and Chemical Products (ISIC Rev 4: 20)
None
Manufacture of Pharmaceuticals, Medicinal Chemical and Botanic Products (ISIC Rev 4: 21)
None
Manufacture of Rubber and Plastic Products (ISIC Rev 4: 22)
None
Manufacture of Other Non-Metallic Mineral Products (ISIC Rev 4: 23)
None
Manufacture of Basic Metals (ISIC Rev 4: 24)
None
Manufacture of Fabricated Metal Products, except Machinery and Equipment (ISIC Rev 4: 25)
None
Manufacture of Computer, Electronic and Optical Products (ISIC Rev 4: 26)
None
Manufacture of Electrical Equipment (ISIC Rev 4: 27)
None
Manufacture of Machinery and Equipment n.e.c. (ISIC Rev 4: 28)
None
Manufacture of Motor Vehicles, Trailers and Semi-Trailers (ISIC Rev 4: 29)
None
Manufacture of Other Transport Equipment (ISIC Rev 4: 30)
None
Manufacture of Furniture (ISIC Rev 4: 31)
None
Other Manufacturing (ISIC Rev 4: 32)
None
Appendix 3 to Annex XVI. LIECHTENSTEIN - SCHEDULE OF SPECIFIC COMMITMENTS
1. This Schedule of Specific Commitments shall apply to non-services sectors only. Services sectors shall be covered by Chapter 3 (Trade in Services) of the Agreement. It is understood that services specifically exempted from the scope of Chapter 3 (Trade in Services) of the Agreement do not fall under the scope of this Schedule of Specific Commitments. Therefore, the list of commitments below only covers activities which fall under the scope of Chapter 4 (Investment) of the Agreement. Where a listed sector or sub-sector also contains an element of supply of services, only the non-services aspects of the sector or sub-sector shall be committed in this list.
2. The list of commitments below indicates the sectors liberalised pursuant to Article 4.5 (Schedule of Specific Commitments) of the Agreement and, by means of reservations, the national treatment conditions and qualifications that apply to juridical and natural persons of Indonesia, and to the commercial presence of such persons in those sectors. The list below is composed of the following elements: (a) the first column indicates the sector or sub-sector in which the commitment is undertaken by Liechtenstein, and the scope of liberalisation to which the reservations apply; and (b) the second column describes the applicable reservations. Sectors or sub-sectors not mentioned in the list below are not committed.
3. In identifying individual sectors and sub-sectors, for the purposes of this Appendix, “ISIC Rev 4” means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M No. 4/Rev.4.