Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(i) (Definitions) of Chapter 8 (Trade in Services) of services of Motion Picture Projection Services (CPC 9612).
45. Sector: Audio-visual Services
Subsector: Sound Recording Services (KBLI 592)
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of the equity participation in a joint venture shall be owned by foreigners; and
(b) permit requirement for foreign service suppliers may vary from that applicable to Indonesian service suppliers.
46. Sector: Construction and Related Engineering Services
Subsector:
(a) Construction Work for Buildings (CPC 512)
(b) Construction Work for Civil Engineering (CPC513)
(c) Assembly and Erection of Prefabricated Constructions (CPC 514)
(d) Installation Work (CPC516)
(e) Building Completion and Finishing Work CPC517)
(f) Pre-erection Work at Construction Site (CPC 511) excluding Site Investigation Work (CPC 51110) and Site Formation and Clearance Work (CPC 51113)
(g) Special Trade Construction (CPC 515)
(h) Renting Services Related Equipment for Construction or Demolition of Building or CivilEngineering Works with Operator (CPC 518)
Obligations Concerned: Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain anymeasure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) thatrequires supply through commercial presence to be subject to following conditions:
(a) commercial presence only in the form of:
(i) joint operation by establishing a representative office in Indonesia. Permit for representative office shall be valid for three years and can be extended; or
(ii) joint venture company established in accordance with applicable laws and regulations concerning foreign commercialpresence; and
(b) no more than 55 per cent of the equity participation in a joint venture of the commercial presence shall be owned by foreigners.
47. Sector: Distribution Services
Subsector:
(a) Wholesale Trade Services of Food, Beverages and Tobacco (CPC 6222)
(b) Wholesale Trade Services of Textile, Clothing and Footwear (CPC 6223)
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(i) (Definitions) of Chapter 8 (Trade in Services).
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of equity participation in a joint venture shall be owned by foreigners;
(b) have the obligation to cooperate with at least 100 Indonesian Small and Medium Enterprises yearly as a supplier and retailer, along with training and development with due regard to the principle of mutual need, mutually reinforcing and mutually beneficial;
(c) permit requirement for foreign service suppliers may vary from that applicable to Indonesian service suppliers;
(d) foreign service suppliers are only permitted to supply the services with minimum of business space above 5,000 square metres;
(e) foreign service suppliers are only permitted to operate in the suburbs of the Provincial Capitals in the Island of Kalimantan, Sulawesi, Nusa Tenggara, Maluku, and Papua; and
(f) foreign service suppliers are required to appoint national trade enterprises as agent, single agent, distributor, or single distributor.
48. Sector: Distribution Services
Subsector: Direct Selling only for Multi-Level Marketing (KBLI 47999)
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(i) (Definitions) of Chapter 8 (Trade in Services).
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of the equity participation in a joint venture shall be owned by foreigners;
(b) permit requirement for foreign service suppliers may vary from that applicable to Indonesian service suppliers;
(c) foreign service suppliers are required to include Indonesian product in the list of products; and
(d) must join an Indonesian direct selling association.
49. Sector: Distribution Services
Subsector: Franchising (CPC 8929) Wholesale Trade Services of Food, Beverages and Tobacco with minimum space above 5,000 square metres
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of the equity participation in a joint venture shall be owned by foreigners;
(b) foreign service suppliers are only permitted to supply the services with minimum of business space above 5,000 square metres;
(c) permit requirements for foreign service suppliers may vary from that applicable to Indonesian service suppliers;
(d) foreign service suppliers are only permitted to operate in the suburbs of the provincial capitals in the Island of Kalimantan, Sulawesi, Nusa Tenggara, Maluku, and Papua and have to be located in the suburbs of provincial capitals;
(e) foreign service suppliers are required to appoint national trade enterprises as agent, single agent, distributor, or single distributor; and
(f) foreign service suppliers are required to cooperate with at least 100 Indonesian Small and Medium Enterprises yearly as a supplier and retailer, along with training and development with due regard to the principle of mutual need, mutually reinforcing, and mutually beneficial.
50. Sector: Education Services
Subsector: Technical and Vocational Secondary Education Services (electronic, automotive) (CPC 92230)
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) mutual recognition arrangement between relevant institutions on credits, programs, and certifications is required;
(b) foreign education services supplier must establish partnership with domestic partner;
(c) foreign language instructors must be native and Indonesian speakers;
(d) foreign education services supplier must be listed in the Ministry of Education and Culture's List of Accredited Foreign Education and its domestic partner must be accredited;
(e) foreign education services supplier in cooperation with domestic partner may open education institution in the cities of Jakarta, Surabaya, Bandung, Yogyakarta, and Medan;
(f) commercial presence shall be established in the form of yayasan (foundation);
(g) numbers of educators shall include at least 30 per cent of Indonesian educators; and
(h) numbers of employees other than educators and the head shall include at least 80 per cent of Indonesian nationals.
51. Sector: Education Services
Subsector: Post-Secondary Technical and Vocational Education Services (Polytechnique Machine and Electrical) (CPC 92310)
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of the equity participation in a joint venture shall be owned by foreigners;
(b) mutual recognition arrangement between relevant institutions on credits, programs, and certifications is required;
(c) foreign education services supplier must establish partnership with domestic partner;
(d) foreign language instructors must be native and Indonesian speakers;
(e) foreign education services supplier must be listed in the Ministry of Education and Culture's List of Accredited Foreign Education and its domestic partner must be accredited;
(f) foreign education services supplier in cooperation with domestic partner may open education institution in the cities of Jakarta, Surabaya, Bandung, Yogyakarta, and Medan;
(g) commercial presence shall be established in the form of yayasan (foundation);
(h) numbers of educators shall include at least 30 per cent of Indonesian educators;
(i) numbers of employees other than educators and the head shall include at least 80 per cent of Indonesian nationals; and
(j) permit requirements for foreign service suppliers may vary from that applicable to Indonesian service suppliers.
52. Sector: Education Services
Subsector:
(a) Adult Education Services (CPC 924) only for Language Course and Training
(b) Other Education Services (CPC 92900) only for football and chess
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) mutual recognition arrangement between relevant institutions on credits, programs, and certifications is required;
(b) foreign education services supplier must establish partnership with domestic partner;
(c) foreign language instructors must be native and Indonesian speakers;
(d) foreign education services supplier must be listed in the Ministry of Education and Culture's List of Accredited Foreign Education and its domestic partner must be accredited;
(e) foreign education services supplier in cooperation with domestic partner may open education institution in the cities of Jakarta, Surabaya, Bandung, Yogyakarta, and Medan;
(f) commercial presence shall be established in the form of yayasan (foundation);
(g) numbers of educators shall include at least 30 per cent of Indonesian educators; and
(h) numbers of employees other than educators and the head shall include at least 80 per cent of Indonesian nationals.
53. Sector: Environmental Services
Subsector: Sewage Services (CPC 9401) only for wastewater management
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of the equity participation in a joint venture shall be owned by foreigners; and
(b) permit requirements for foreign service suppliers may vary from that applicable to Indonesian service suppliers.
54. Sector: Environmental Services
Subsector:
(a) Refuse Disposal Services (CPC 9402) Solid Waste Disposal Services only for integrated hazardous waste treatment facility services for oil sludge and waste mercury treatment in a particular area. The product will be used as anew material or energy power
(b) Refuse Disposal Services (CPC 9402) Solid Waste Disposal Services only for in site hazardous waste treatment facility services for the treatment of waste of mining product and waste of fly ash and bottom ash of coal product
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of the equity participation in a joint venture shall be owned by foreigners;
(b) permit requirements for foreign service suppliers may vary from that applicable to Indonesian service suppliers; and
(c) the services supplier must be equipped with modern and sophisticated technology and environmental safety.
55. Sector: Environmental Services
Subsector: Refuse Disposal Services (CPC 94020) only for non-hazardous garbage, trash, waste, and rubbish
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(i) (Definitions) of Chapter 8 (Trade in Services).
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of a joint venture and allows permit requirements for foreign service suppliers to vary from that applicable to Indonesian service suppliers.
56. Sector: Environmental Services
Subsector: Sanitation and similar services (CPC 9403) only for public sanitation facilities
Obligations Concerned: National Treatment. Market Access
Description: Trade in Services
Indonesia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 1(t)(iii) (Definitions) of Chapter 8 (Trade in Services) that requires supply through commercial presence to be in the form of joint venture subject to following conditions:
(a) no more than 51 per cent of the equity participation in a joint venture shall be owned by foreigners;
(b) new permit subject to an economic needs test; and
permit requirement for foreign service suppliers may vary from that applicable to Indonesian service suppliers.
57. Sector: Environmental Services
Subsector:
(a) Cleaning Services of Exhaust Gases (CPC 9404) only for air pollution control