Subsector: Processing and production of electricity power by using any waste imported from a foreign country
Level of Government: National Administration and Sub-National Administration
Industry Classification
Obligations Concerned: National Treatment, Prohibition of Performance Requirements
Description:
National Treatment and Article Prohibition of Performance Requirements Cambodia reserves the right to adopt or maintain any measure relating to energy sector and sub-sectors.
Existing Measures:
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
- Sub-Decree No. 36 ANKR.BK dated 27 April 1999 on the Solid Waste Management
14. Sector: Investment in Services
Subsector: All kinds of commercial activities, import, export, wholesale, retails, including duty free shop.
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description:
National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies
Existing Measures:
- Law on Investment of the Kingdom of Cambodia dated 15 October 2021
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
15. Sector: Investment in Services
Subsector: Any transportation services by waterway, by road, by air except investment in railway sector.
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description:
National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies
Existing Measures:
- Law on Investment of the Kingdom of Cambodia dated 15 October 2021
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
16. Sector: Investment in Services
Subsector: Restaurants, karaoke parlours, bars, nightclubs, massage parlours or fitness clubs which are located outside an international standard hotel.
Notwithstanding that the above locations are located in an international standard hotel, if an investor or investors leases them to a non-QIP third party to conduct such business, that third party shall not be entitled to profit tax exemption to investor under the Amendment to the Law on Investment.
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description:
National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding incentives and subsidies
Existing Measures:
- Law on Invesiment of the Kingdom of Cambodia dated 15 October 2021
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
17. Sector: Investment in Services
Subsector: Tourism service provider, tourism agent, tourism information and tourism advertisement.
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description: National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies
Existing Measures:
- Law on Investment of the Kingdom of Cambodia dated 15 October 2021
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
18. Sector: Investment in Services
Subsector: Casino and gambling business and service of any kinds
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description:
National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies
Existing Measures
- Law on Investment of the Kingdom of Cambodia dated 15 October 2021
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
19. Sector: Investment in Services
Subsector: Currency and financial business and services, including bank, financial institution, insurance company and all kind intermediation.
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description:
National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding incentives and subsidies
Existing Measures:
- Law on Investment of the Kingdom of Cambodia dated 15 October 2021
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia
20. Sector: Investment in Services
Subsector: Activity related to newspaper and media, including radio, television, press, magazine, movie, video production or reproduction, theatre, studio and related activities.
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description:
National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding incentives and subsidies
Existing Measures:
- Law on Investment of the Kingdom of Cambodia dated 15 October 2021
- Sub-Decree No. 111 ANK/BK dated 27 September 2005 on the implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia.
21. Sector: Investment in Services
Subsector: Professional services
Level of Government: National Administration and Sub-National Administration
Industry Classification:
Obligations Concerned: National Treatment, Most-Favoured-Nation Treatment
Description:
National Treatment and Most-Favoured-Nation Treatment shall not apply to any measure regarding to incentives and subsidies
ANNEX 3. SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR INVESTMENT. INDONESIA
LIST A. EXPLANATORY NOTES
1. This List A sets out, pursuant to Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), Indonesiaâs existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 3 (National Treatment) of Chapter 11 (Investment);
(b) Article 4 (Most-Favoured-Nation Treatment) of Chapter 11 (Investment);
(c) Article 5 (Senior Management and Board of Directors) of Chapter 11 (Investment); or
(d) Article 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment).
2. This List A and List B pursuant to Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment) follow the negative list with two list approach as follows:
(a) this List A sets out commitments in relation to existing non-conforming measures which are subject to standstill obligations but not subject to tatchet mechanism; and
(b) List B sets out policy flexibility in relation to measures in sectors, subsectors and activities.
3. Each entry in this List A sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector refers to specific industries, products, and activities in which a reservation is taken;
(c) Industry Classification where referenced, refers to the activity covered by the entry, according to the CPC, ISIC Rev. 3, or as expressly otherwise described in that entry:
ISIC Rev. 3 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;
CPC means the Provisional Central Product Classification as set out in the Statistical Papers, Series M, No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991.
(d) Level of Government indicates the level of government maintaining the listed measures;
(e) Obligations Concerned refers to the obligations of Articles 3 (National Treatment), 4 (Most-Favoured-Nation Treatment), 5 (Senior Management and Board of Directors), and 6 (Prohibition of Performance Requirements) of Chapter 11 (Investment), as the case may be, which do not apply to the listed measures;
(f) Description sets out the non-conforming measure for which the entry is made; and
(g) Source of Measure refers to existing measures that apply to the sector, subsector or activities covered by the reservations and is identified for transparency purposes only.
4. In accordance with Article 13 (Reservations and Non-Conforming Measures) of Chapter 11 (Investment), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measure identified in the Description element of that entry.
5. In the interpretation of a reservation, all elements of a reservation shall be considered. The Description element shall prevail over all other elements.
6. The Schedules of other Parties shall not be used to interpret Indonesiaâs obligations under Chapter 11 (Investment).
7. This note shall form part of Indonesia's reservations.
1. Sector: All sectors
Subsector: Acquisition or Lease of Land
Industry Classification:
Level of Government: Central and Regional
Obligations Concerned: National Treatment
Description:
The right of ownership of land (hak milik) is restricted to Indonesian nationals only.
Note: Notwithstanding the above, foreign companies incorporated and domiciled in Indonesia or foreign nationals may acquire land and property 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, and also may be followed by renewal for a maximum period of 35 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, and also may be followed by renewal for a maximum period of 30 years.
(c) Right of use (hak pakai), granted to a foreign company or a foreign national for a maximum period of 30 years and may be extended for a further period of 20 years, and also may be followed by renewal for a maximum period of 30 years.
(d) Right of lease (hak sewa), granted to a foreign company or a foreign national for a definite period as may be agreed by the parties.
Such acquisitions of land and property must be approved by the relevant authority, subject to such conditions and restrictions as may be imposed by that authority.
Source of Measure
- Article 33 of the 1945 Constitution of The Republic of indonesia
- Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles
- Law No. 25 of 2007 conceming Investment as amended by Law No. 6 of 2023 conceming Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 conceming Job Creation into Law
- Government Regulation No. 18 of 2021 concerning Management Aighis, Land Rights, Apartment Units and Land Registration
2. Sector : All sectors
Subsector : Registration Requirements for the Establishment of Foreign Investment
Industry Classification : -
Level of Government : Central
Obligations Concerned : National Treatment
Description : Foreign investment (1) shall have a total investment value of more than IDR 10 billion (excluding land and buildings) for each business field in each location, unless required otherwise by the specific sector in accordance with Indonesia's laws and regulations. In addition, foreign investment shall have the issued capital/paid-up capital at least IDR 10 billion, unless otherwise stipulated in any Indonesia's laws and regulations.
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 into Law
- Law No. 20 of 2008 concerning Micro, Small and Medium Enterprises as amended by Law No. 6 of 2023 conceming Stipulation of Government Regulation in Lieu of Law No. 2 of 2022 conceming Job Creation into Law
- Government Regulation No. 5 of 2021 conceming implementation of Risk-Based Business Licensing
- Government Regulation No. 7 of 2027 concerning _ Ease, Protection, and Empowerment of Cooperatives and Micro, Small, and Medium Enterprises
- Presidential Regulation No. 10 of 2021 conceming investment Business Fields as amended by Presidential Regulation No. 49 of 2021