94. Sector: Other Services
Subsector: Engineering, Procurement and Construction (EPC) services limited to platform construction and offshore line pipe installation
(a) According to Indonesia Proposal of Energy Services Classification is under: Engineering, Procurement and Construction (EPC) Services (1A.3.2.2.)
(b) According to W 120 is under: engineering design services for industrial processes and production (CPC 86725)
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 a joint operation through a representative office in Indonesia.
95. Sector: Other Services
Subsector: Electrical Logging and Perforation
(a) According to Indonesia Proposal of Energy Services Classification is under: Electrical Logging and Perforation (EPC) Services (1A.2.8.)
(b) According to W 120 is under: Technical Testing and Analysis Services (CPC-8676)
Competency Certification in Quality Control and Handling of Aviation Fuels and Lubricants
(a) According to Indonesia Proposal of Energy Services Classification is under: Competency Certification in Quality Control and Handling of Aviation Fuels and Lubricants (4.2.2.9)
(b) According to W 120 is under: Other Education Services (CPC 92900)
Competency Certification in Power Plant
(a) According to Indonesia Proposal of Energy Services Classification is under: Competency Certification in Power Plant (4.2.2.11)
(b) According to W 120 is under: Other education services (CPC 92900)
(c) Land Clearing Services
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 a joint operation through a representative office in Indonesia.
96. Sector: Other Services
Subsector: Other Human Health Services (CPC 93199) only for SPA services
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 a joint venture.
APPENDIX A. SPECIFIC COMMITMENTS FOR FINANCIAL SERVICES INDONESIA
EXPLANATORY NOTES
For the purposes of this Appendix, the use of "(1)", "(2)", and "(3)" refers to Cross-Border Supply, Consumption Abroad, and Commercial Presence respectively.
For the purposes of this Appendix:
(i) "None" means no additional conditions and limitations other than those listed in the entry four through nine of List B, and General Conditions on Non-Banking Financial Services Subsector and General Conditions on Banking Services Subsector.
(ii) "Unbound" means no commitment
(iii) "General Conditions on Non-Banking Financial Services Subsector" and "General Conditions on Banking Services Subsector" shall apply respectively to commitment of the relevant subsector, unless otherwise specified in such subsector.
Modes of Supply:
1) Cross-border Supply
2) Consumption abroad
3) Commercial presence
NON-BANKING FINANCIAL SERVICES SUBSECTOR
General Conditions on Non-Banking Financial Services Subsector
1) Notwithstanding the limitations on joint venture specified in entry four of List B, the share ownership of foreign services suppliers for non-banking financial services is bound at the prevailing laws and regulations at the date of entry into force of this Agreement. The conditions of ownership and the percentage share of ownership as stipulated in the respective shareholder agreement establishing the existing individual joint venture in non-banking financial services shall be respected. No transfer of ownership shall take place without the consent of all parties in the joint venture concerned.
2) Share of listed non-bank financial services companies in the stock exchange may be 100 per cent owned by foreign investors.
3) Alljoint venture companies shall provide training for their employees.
| Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
| a) Life Insurance Services (CPC 81211) | 1) Unbound; 2) Unbound, except if: (a) There is no insurance company in Indonesia, either individually or group, which could handle the insurance risks of the object in question. (b) There is no insurance company in Indonesiawhich want to carry out an insurance coverage of the object in question; 3) None | 1) Unbound 2) Unbound 3) None | |
| b) Non-Life Insurance Services (CPC 8129) excluding CPC 81293 (Marine, Aviation and other Transportation) | 1) Unbound; 2) Unbound, except if: (a) There is no insurance company in Indonesia, either individually or group, which could handle the insurance risks of the object in question. (b) There is no insurance company in Indonesiawhich want to carry out an insurance coverage of the object in question; 3) None | 1) Unbound 2) Unbound 3) None | |
| c) Reinsurance Services | 1) Reinsurance service suppliers from other Parties must be rated a minimum of BBB by Standard and Poor or equivalent. 2) Reinsurance service suppliers from other Parties must be rated a minimum of BBB by Standard and Poor or equivalent. 3) None | 1) None 2) Unbound 3) None | |
| d) Insurance Brokerage Services | 1) Unbound 2) None 3) None | 1) None 2) None 3) None | |
| e) Reinsurance Brokerage Services (CPC 8140) | 1) Unbound 2) None 3) None | 1) None 2) None 3) None | |
| f) Lending of all types, including, consumer credit, mortgage credit, factoring and financing of commercial transaction (CPC 8113) only for: - Factoring Services - Credit Card Business (Issuer and Agent of Credit Card) - Consumers Finance Services | 1) None 2) None 3) None | 1) None 2) None 3) None | |
| g) Financial Lease Services (CPC 81120) | 1) None2) None 3) None | 1) None 2) None 3) None | |
| h) Securities Business Trading for Own Account or for Account of Customers, on an Exchange or Over-the Counter Market, only for: - Listed shares - Bonds | 1) Unbound 2) None 3) Commercial presence only permitted through establishment of a Securities Company that is licensed as a Securities Broker Dealer. | 1) Unbound 2) None 3) None | |
| i) Participation in Issues of Securities, including Underwriting and Placement as Agent (whether publicly or privately), and Provision of Services Related to such issues | 1) Unbound 2) None 3) Commercial presence only permitted through establishment of a Securities Company that is licensed as a Securities Underwriter | 1) Unbound 2) None 3) None | |
| - Portfolio Management, all forms of collective investment management (19) - Asset Management Limited only to Investment Fund Management | 1) Unbound 2) None 3) Commercial presence only permitted through establishment of an Investment Advisory company | 1) Unbound 2) None 3) None |
BANKING SERVICES SUBSECTOR
General Conditions on Banking Services Subsector
1) With the exception of the existing branches of foreign banks, foreign services supplier shall be in the form of a joint venture bank locally incorporated in Indonesia with the following requirements:
(a) Unbound for new licenses.
(b) Only financial institutions are permitted to establish joint venture banks.
2) The conditions of ownership and the percentage share of ownership, as stipulated in the respective shareholder agreement establishing the existing individual joint venture bank shall be respected as the basis of ownership of the foreign service suppliers and their respective Indonesian partners. No transfer of ownership shall take place without the consent of all parties in the joint venture bank.
3) Acquisition of existing local banks is allowed through the purchase of shares in the stock exchange is allowed up to 51 per cent of the shares of locally incorporated bank traded on the stock exchange.
4) Foreign bank and joint ventures bank may open their offices in the cities of Jakarta, Surabaya, Semarang, Bandung, Medan, Makasar, Denpasar, Batam, Padang, Manado, Ambon, Balikpapan, Banda Aceh, and Jayapura.
5) A person shall be a "controlling shareholder" in only one bank.
Definition:
A controlling shareholder shall mean a person who beneficially owns 10 per cent or more of the equity of interest of a bank or who beneficially own less than 10 per cent of the equity interest of a bank but has the power to control the bank. A person shall be deemed to have control of a bank if such person has the power to name director and/or commissioner of such bank and/or to direct its action.
Commercial Banking Business
| a) Acceptance of Deposits and other Repayable Funds from the Public b) Lending of all types, includingConsumer Credit, Mortgage, Credit, Factoring, and Financing of Commercial Transaction c) All Payment and Money Transmission Services including Credit, Charge and Debit Cards, Travelers Check and Bankers Drafts d) Guarantees and Commitments e) Trading for Own Account or for Account of Customers, whether on an Exchange, in an over-the-Counter Market or otherwise, the following:- Money market instruments (including check, bills, certificates of deposits) - Foreign Exchange - Exchange rate and interest rate instruments, including products such as swaps, forward rate agreements - Transferable securities issued in the money market f) Cash Management, Custodial and Depository Services | 1) None 2) None 3) (a) Bound only for two sub-branches and two auxiliary offices for foreign bank’s branch office (b) Bound only for two branches and two sub-branches for joint-venture bank | 1) None 2) None 3) (a) For foreign bank branch, expatriates may only assume executive positions, with the limitation that at least one executive position shall be held by an Indonesian national (b) Expatriate Director may only be appointed to a joint venture bank, in proportion to the foreign equity participation |
APPENDIX B . SPECIFIC COMMITMENTS FOR THE PRESENCE OF NATURAL PERSONS. INDONESIA
EXPLANATORY NOTES
1. The following sets out Indonesiaâs sectoral commitments in relation to the supply by a service supplier of one Party through the presence of natural persons of a Party in the territory of another Party apply only in relation to the sectors below.
2. Business Visitors are permitted for all sectors subject to applicable conditions and limitations in the Horizontal Section.
3. For the purposes of this Appendix, "None" means:
- no additional conditions and limitations other than those listed in the Horizontal Schedule; and
- in the case of 5. Education Services and 7. Financial Services, no additional conditions and limitations other than those listed in the Horizontal Schedule and their respective General Conditions below.
4. For the purposes of this Appendix, "Unbound" means no commitment.
5. References to "CPC" in this Appendix refers 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). The appearance of ** against individual CPC listings indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.
6. References to "W 120" in this Appendix refers to Services Sectoral Classification List (MTN.GNS/W/120 of 10 July 1991).
7. References to "KBLI" in this Appendix refers to the Indonesia Standard Industrial Classification (Klasifikasi Baku Lapangan Usaha Indonesia) 2015.
Modes of Supply: 4) Presence of natural persons
| Sector or sub-sector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
| Il. SECTOR SPECIFIC COMMITMENTS | |||
| 1. BUSINESS SERVICES | |||
| Legal Services (CPC 861) - Only for advisory services on foreign law (home country law or International Law on Business and Arbitration). - For greater certainty, advisory service shall not include: (a) legal representation in Indonesian court of justice or undertake legal proceedings under any circumstances (b) notarial activities | 4) Unbound except for foreign lawyers (advocate). Foreign lawyers (advocate) are allowed to work or take part in Indonesian law firm as employees or as experts in International Law,but shall not appear in courts and/or undertake legal proceedings under any circumstances. | 4) Unbound except for foreign lawyers (advocate). Foreign lawyers (advocate) are: - only allowed as employees or experts in Indonesian law firm - obliged to transfer legal knowledge and professional capabilities to Indonesian Lawyers - obliged to transfer knowledge to education, legal research, or government institutions at least 10 hours each month free of charge. The share of foreign lawyers (advocate) in Indonesian law firm must not exceed 20 per cent, and shall be limited to five foreign lawyers (advocate) per firm. |
| Architectural Services(CPC 8671) Engineering Services (CPC 8672 excluding CPC 86721, 86725, 86726) Advisory and Consultative Engineering Services (CPC 86721) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Engineering Design Services for Industrial Processes and Production (CPC 86725**) only for steel mill, oil & gas, gas turbine industries - Mould and dies (die-casting, forging, stamping, etc.) - Powder metallurgy | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Engineering Design Services for Industrial Processes and Production (CPC 86725**) only for materials flows, equipment layout, material handling systems, processes and process control (which may integrate computer technology) for manufacturing plants | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Integrated Engineering Services (CPC 8673) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Urban Planning Services (CPC 86741) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Landscape Architectural Services (CPC 86742) | 4) Unbound | 4) Unbound | |
| Clinic of Specialized Medical Services for registered health institution, which established and integrated in Class A and B hospital (CPC 93122) | 4) Unbound | 4) Unbound | |
| Clinic of Specialized Dental Services for registered health institution, which established and integrated in Class A and B hospital (CPC 93123) | 4) Unbound | 4) Unbound | |
| Specialist Nursing services for registered institutions, which established and integrated in Class A and B hospital (CPC 93191) | 4) Unbound | 4) Unbound | |
| 1.2 Computer and Related Services | |||
| Consultancy Services Related to the Installation of computer hardware (CPC 841) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Software Implementation Services (CPC 842) only for CPC 84210 | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Data Base Services (CPC 844) only for advance database services | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Maintenance and Repair Services of Office Machinery and Equipment Including Computers (CPC 845) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| 1.3 Research and Development Services | |||
| Interdisciplinary R&D (CPC 853) only for industrial activities) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Research and Experimental Development Services on Linguistic and Languages (CPC 85204), only for foreign language | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| 1.4 Rental and Leasing Services without Operator | |||
| Rental of Vessel Without Crew (CPC 83103) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Other (CPC 832), only for Rental Services Concerning Video Tapes (CPC 83202) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| 1.5 Other Business Services | |||
| Management Consulting Services (CPC 865) for: (a) General Management Consulting Services (CPC 86501) (b) Marketing Management Consulting Services (CPC 86503) (c) Human Resources Management Consulting Services (CPC 86504) | 4) Unbound | 4) Unbound | |
| Project Management Services excluding Construction (CPC 86601) | 4) Unbound except for director and technical expert | 4) Unbound except for director and technical expert | |
| Geological and Geophysical Services, only for Geothermal Seismic Data Acquisition: (a) according to Indonesia Proposal of Energy Services Classification is under: Seismic Data Acquisition (1A.1.4.1.1,), and (b) according to W 120 Seismic Data Acquisition is under: Business Services on Subsurface Surveying Services (CPC 86752) | 4) Unbound | 4) Unbound | |
| Technical Testing and Analysis Services (CPC 8676) only for Technical Inspection Services (CPC 86764) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Convention Services (CPC 87909) only for Meetings, Incentives, Conventions and Exhibitions (MICE) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Investigation and Security (CPC 873) only for shoplifting investigation services (CPC 87301) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Photographic Services (CPC 875) only for Restoration, Copying and Retouching Services of Photography (CPC 87507) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Services Incidental of Manufacturing (CPC 884 excluding CPC 88411, 88412, 88421, 88422, 88423, 88430, 88442, 88460, 88491, 88492) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Services Incidental to Manufacture of Metal Products, Machinery, and Technical Expert Technical Expert Equipment (CPC 885) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Services Incidental to Energy Distribution (CPC 887) exclusively covers only consultancy services related to operation of power plant and network | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Maintenance and Repair of Equipment (excluding Maritime Vessels, Aircraft or other Transport Equipment) (CPC 8861+8866) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Packaging Services (CPC 876) | 4) Unbound | 4) Unbound | |
| Telephone Answering Services (CPC 87903) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Market Research Services (CPC 86401) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| 2. COMMUNICATION SERVICES | |||
| Postal Services (CPC 7511) | 4) Unbound | 4) Unbound | |
| Courier Services (CPC 7512) | 4) Unbound | 4) Unbound | |
| 2.1 Telecommunication Services | |||
| Local Services: (a) Public Switched Telephone Service (CPC 7521) (b) Teleconferencing Services (CPC 75292) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Long Distance: (a) Public Switched Telephone Service (CPC 7521) (b) Teleconferencing Services (CPC 75292) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| International Services: (a) Public Switched Telephone Service (CPC 7521) (b) Teleconferencing Services (CPC 75292) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Circuit Switched Public Data Network Services (CPC 7523**) (a) Local (b) International | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Circuit Switched Public Data Network Services (CPC 7523**) Long Distance | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Packet-Switched Public Data Network Services (CPC 7523**) (a) X.25 (b) Frame relay (c) Local (d) Local distance (e) International | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Telex Services (CPC 7523**) Telegraph Services (7522) Facsimile (CPC 7521 ** + 7529**) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Private Leased Circuit Services (CPC 7522** + 7523**) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Dedicated Network Services (CPC 75222) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| On-line Information and Database Retrieval (CPC 7523**) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Electronic Data Interchange (EDI) (CPC 7523**) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Enhanced or Value-Added Facsimile Services, including Store and Forward, Store and Retrieve (CPC 7523**) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| On-line Information and or Data Processing (including Transaction Processing) (CPC 843**) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Domestic Services: Mobile Cellular Telephone Services (CPC 75213) Internet Access Services Regional and National Paging Services (CPC 75291) Public Payphone Services Voice Mail Service (CPC 7523) Electronic Mail Services (CPC 75232) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Computer Time Sharing Services (CPC 84330) Video Text Services (CPC 75229) Electronic Mail Box (CPC 75232) File Transfer Services (CPC 75299) Home Telemeter Alarm (CPC 75299) Entertainment Services (CPC 75299) Management Information Services (CPC 75299) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| 2.2 Audio Visual Services | |||
| Motion Picture and Video Tape Production (CPC 9611) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Motion Picture and Video Tape Distribution Services (CPC 9611) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Motion Picture Projection Services (CPC 9612) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Sound Recording (KBLI 592) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES | |||
| Construction Work for Buildings (CPC 512) except for one- and two-dwelling buildings (CPC 51210) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Construction Work for Civil Engineering (CPC 513) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Assembly and Erection of Prefabricated Constructions (CPC 514) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Installation Work (CPC 516) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Building Completion and Finishing Work (CPC517) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Pre-Erection Work at Construction Site (CPC 511) excluding Site Investigation Work (CPC 51110) and site Formation and Clearance Work (CPC 51113) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Special Trade Construction (CPC 515) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| Renting Services Related Equipment for Construction or Demolition of Building or Civil Engineering Works with Operator (CPC 518) | 4) As specified in the Horizontal Section. | 4) Highest management in a representative office shall be Indonesian nationals. | |
| 4. DISTRIBUTION SERVICES | |||
| Wholesale Trade Services of Food, Beverages, and Tobaccoâ with Minimum Space above 5,000-metre square (CPC 6222) Wholesale Trade Services of Textile, Clothing and Footwear with minimum space above 5,000-metre square (CPC 6223) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Direct Selling only for Multi-Level Marketing (KBLI 47999) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Franchising (CPC 8929) Wholesale Trade Services of Food, Beverages, and Tobacco with minimum space above 5,000-metre square | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| 5. EDUCATION SERVICES | |||
| General Conditions for Education Services. Temporary entry for natural persons engaged in education activities in Indonesia is subject to approval by the Ministry of Education and Cultural. Approval is granted on case-by-case basis: | |||
| Secondary Education Services | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Technical and Vocational Secondary Education Services (electronic, automotive) (CPC 92230) | 4) None | 4) None | |
| Higher Education Services | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Post-Secondary Technical and Vocational Education Services (Polytechnique Machine and Electrical) (CPC 92310) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Adult Education Services only for Language Course and Training (CPC 924) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Other Education Services only for Football and Chess (CPC 92900) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| 6. ENVIRONMENTAL SERVICES | |||
| Sewage Services (CPC 9401) only for wastewater management | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Refuse Disposal Services (CPC 9402) Solid Waste Disposal Services only for: (a) integrated hazardous waste treatment facility services for oil sludge and waste mercury treatment in a particular area. The services provider must be equipped with modern and sophisticated technology and environmental safety. The product will be used as a new material or energy power (b) 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 | 4) None | 4) None | |
| Refuse Disposal Services (CPC 94020) only for non-hazardous garbage, trash, waste and rubbish | 4) Unbound | 4) Unbound | |
| Sanitation and Similar Services (CPC 9403) only for public sanitation facilities | 4) Unbound | 4) Unbound | |
| Cleaning Services of Exhaust Gases (CPC 9404) only for air pollution control | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Other Environmental Protection Services (CPC 9409) only for laboratory services for environment (laboratory which has the ability and authority to test and examine the environmental quality parameter according to the current laws and regulations on environment) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| 7. FINANCIAL SERVICES | |||
| General Conditions for Non-Banking Financial Services Subsector. (1) In addition to the Horizontal Schedule, temporary entry will be granted to technical expert(s) or advisor(s) for no longer than three months per person for any given year. (2) Director, Manager, and Technical Expert or Advisor can be assumed by foreign natural person with maximum stay of three years and can be extended. | |||
| Non-Life Insurance Services (CPC 8129) excluding CPC 81293 (Marine, Aviation and other Transportation) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Reinsurance Services | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Life Insurance Services (CPC 81211) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Insurance Brokerage Services (CPC 81401) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Reinsurance Brokerage Services (CPC 8140) | 4) Unbound except for Director and Technical Expert | 4) Unbound except for Director and Technical Expert | |
| Financial Lease Services (CPC 81120) | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Lending of all types, including, inter alia, consumer credit, mortgage credit, factoring and financing of commercial transaction (CPC 8113) only for: - Factoring Services - Credit Card Business (Issuer and Agent of Credit Card) - Consumers Finance Services | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Securities Business Trading for Own Account or for Account of Customers, on an Exchange or Over-the Counter Market - Listed shares - Bonds | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| Participation in Issues of Securities, including Underwriting and Placement as Agent (whether publicly or privately), and Provision of Services Related to such issues | 4) As specified in the Horizontal Section. | 4) As specified in the Horizontal Section. | |
| - Portfolio Management, all forms of collective investment management (20) - Asset Management limited only to Investment Fund Management | 4) Unbound except for Director | 4) Unbound except for Director | |
| Investment Advisory Services limited only to Investment Advisory in Capital Market | 4) Unbound except for Director | 4) Unbound except for Director |
| Commercial Banking Business | |||
| General Conditions on Commercial Banking Business 1. With respect to the presence of natural persons, no economic needs test will apply. A non-Indonesian employed as a manager or as a technical expert shall have at least two Indonesian understudies during his or her term. 2. Notwithstanding the Horizontal Schedule, a temporary entry will be granted to technical experts or advisers of branch office of the foreign bank and joint venture bank for no longer than three months per person for any given year. | |||
| (a) Acceptance of Deposits and other Repayable Funds from the Public (b) Lending of all types, including Consumer Credit, Mortgage, Credit, Factoring, and Financing of Commercial Transaction (c) All Payment and Money Transmission Services including Credit, Charge and Debit Cards, Travelers Check and Bankers Drafts (d) Guarantees and Commitments (e) Trading for Own Account or for Account of Customers, whether on an Exchange, in an over-the-Counter Market or otherwise, the following: - Money market instruments (including â check, bills, certificates of deposits) - Foreign Exchange - Exchange rate and interest rate instruments, including products such as swaps, forward rate agreements - Transferable securities issued in the money market (f) Cash Management, Custodial and Depository Services | 4) As specified in the Horizontal Section and the General Conditions. | ||
| 8. HEALTH RELATED AND SOCIAL SERVICES | |||
| Hospital Services for specialist and subspecialist medical services in Class A and B hospitals and provide more than 250 beds (CPC 9311) | 4) Unbound | 4) Unbound | |
| Other Human Health Services only for Acupuncture Services which established and integrated in Class A or B hospital (CPC 93191) | 4) Unbound | 4) Unbound | |
| Other Veterinary Services (CPC 93209) only for Poultry Farms Consultant Services | 4) None | 4) None | |
| Social Services (CPC 933) (a) Social welfare services for the elderly (b) Social welfare services for persons with disabilities (c) Social welfare training and education social workers and care workers | 4) Unbound | 4) Unbound | |
| 9. TOURISM AND TRAVEL RELATED SERVICES | |||
| 9.1 Hotels and Restaurants | |||
| Hotels (21) (only for 3, 4, and 5 star hotels) (CPC 64110) | 4) Only for the following specific positions: (i) the Director and Manager (Top Management Level in Hotel business) comprised of: - General Manager - Food and Beverage Manager - Resident Manager - Comptroller - Marketing Director (only for 4- and 5-star hotels) (ii) Technical Expert (Highly Skilled Professionals) comprised of: - Executive Chef - Sous Chef (only for 4- and 5-star hotels) - Specialty Cook | ||
| Hotels (CPC 64110) (only for 1- or 2- star hotels) | 4) Unbound | 4) Unbound | |
| Motel Lodging Services (CPC 64120) | 4) Unbound | 4) Unbound | |
| Letting Services of Furnished Accommodations (CPC 64193) | 4) Unbound | 4) Unbound | |
| Meal Serving Services with Full Restaurant Services (CPC 64210) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| Beverage Serving Services without Entertainment (CPC 64310) | 4) Unbound | 4) Unbound | |
| Beverage Serving Services with Entertainment (CPC 64320) | 4) Unbound | 4) Unbound | |
| 9.2 Travel Agencies and Tour Operators | |||
| Tour Operator (CPC 74710**) | 4) Unbound except for Technical Expert | 4) Unbound except for Technical Expert | |
| 9.4 Other | |||
| Tourist Resorts including (22) hotel (3, 4 and 5 stars) excluding marina facilities and hotel management) | 4) Unbound except for Manager (Resort Manager) | 4) Unbound except for Manager (Resort Manager) | |
| International Hotel Operator (CPC 91135) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| Tourism Consultancy Services (CPC 91136) | 4) As specified in the Horizontal Section | 4) Foreign Technical Expert are required to have recommendation from Tourism Professional Association |
| 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES (OTHER THAN AUDIO VISUAL SERVICES) | |||
| 10.1. Entertainment Services (including theatre, live bands and circus services) | |||
| Theatre and Opera House (CPC 96193) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| 10.2. Libraries, archives, museums and other cultural services | |||
| Museums Services limited to Museums of Jewellery (CPC 96321) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| 10.3. Sporting and Other Recreational Services | |||
| Golf Courses and Other Facilities only within the tourist resorts (CPC 96413) | 4) Unbound except for Manager (Resort Manager) | 4) Unbound except for Manager (Resort Manager) | |
| 10.4. Other | |||
| Marina Facilities | 4) Unbound | 4) Unbound | |
| Hotel Management | 4) Unbound | 4) Unbound | |
| 11. TRANSPORTATION SERVICES | |||
| 11.1 Maritime Transport Services | |||
| Passenger and Freight Transportation excluding cabotage and auxiliary services | |||
| International Passenger Transport (CPC 7211) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| International Freight Transport (CPC 7212) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| Maintenance and Repair of Vessels (CPC 8868**) | 4) Unbound | 4) Unbound | |
| Pushing and Towing Services for Maritime Transport (CPC 7214) (Excluding Cabotage) | 4) Unbound | 4) Unbound | |
| Vessel Salvage and Re-floating Services | 4) Unbound | 4) Unbound | |
| 11.2 Internal Waterways Transport Services | |||
| Passenger Transportation (CPC 7221) (Excluding Cabotage) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| Maintenance and Repair of Vessels (internal waterways) (CPC 8868**) | 4) Unbound | 4) Unbound | |
| 11.3 Maritime Auxiliary Services | |||
| Container Handling Services (CPC 7411) only for Maritime Cargo Handling Services | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| 11.4 Air Transport Services | |||
| Aircraft Repair and Maintenance Services | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| Computer Reservation System (CRS) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| Selling and Marketing | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| 11.5 Road Transport Services | |||
| Road Freight Transportation (CPC 7123) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| Maintenance and Repair of Road Transport Equipment (CPC 8867, excluding motorcycle) | 4) Unbound | 4) Unbound | |
| Supporting Services for Road Transport Terminal (CPC 744) | 4) As specified in the Horizontal Section | 4) As specified in the Horizontal Section | |
| 11.6 Supporting and Auxiliary Transport Services | |||
| Maritime Freight Forwarding Services (CPC 7480**) | 4) Unbound | 4) Unbound | |
| Storage and Warehousing Services Outside Port Area and 1st Area for: (a) Storage Services of Frozen or Refrigerated Goods (CPC 7421) (b) Other Storage or Warehousing Services (CPC 7429) | 4) Unbound | 4) Unbound | |
| 12. OTHER SERVICES | |||
| 12.1 Energy Services | |||
| Core Analysis and Other Lab Test, only for Isotope Analysis (a) according to Indonesia Proposal of Energy Services Classification is under: Isotope Analysis (1A.2.7.3) (b) according to W 120 is under: Business Services on Technical Testing and Analysis Services (CPC 8676) | 4) As specified in the Horizontal Section | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Liquefaction and Gasification only for Coal (a) according to Indonesia Proposal of Energy Services Classification is under: - Coal Liquefaction (2.4.4.4) - Coal Gasification (2.4.4.5) (b) according to W 120 is under Services Incidental to Manufacturing (CPC 884) | 4) As specified in the Horizontal Section | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Engineering, Procurement and Construction (EPC) services limited to platform construction (a) according to Indonesia Proposal of Energy Services Classification is under: Engineering, Procurement and Construction (EPC) Services (1A.3.2.2.) (b) according to W 120 is under: engineering design services for industrial processes and production (CPC-86725) | 4) As specified in the Horizontal Section | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Engineering, Procurement and Construction (EPC) services limited to offshore line pipe installation (a) According to Indonesia Proposal of Energy Services Classification is under: Engineering, Procurement and Construction (EPC) Services (1A.3.2.2.) (b) According to W 120 is under: engineering design services for industrial processes and production (CPC-86725) | 4) As specified in the Horizontal Section | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Electrical Logging and Perforation (a) According to Indonesia Proposal of Energy Services Classification is under: Electrical Logging and Perforation (EPC) Services (1A.2.8.) (b) According to W 120 is under: Technical Testing and Analysis Services (CPC-8676) | 4) Unbound, except for directors and technical experts. | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Competency Certification in Quality Control and Handling of Aviation Fuels and Lubricants (a) According to Indonesia Proposal of Energy Services Classification is under: Competency Certification in Quality Control and Handling of Aviation Fuels and Lubricants (4.2.2.9) (b) According to W 120 is under: Other Education Services (CPC 92900) | 4) Unbound, except for directors and technical experts. | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Competency Certification in Power Plant (a) According to Indonesia Proposal of Energy Services Classification is under: Competency Certification in Power Plant (4.2.2.11) (b) According to W 120 is under: Other education services (CPC 92900) | 4) Unbound, except for directors and technical experts. | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Land Clearing Services | 4) Unbound, except for directors and technical experts. | 4) Excluding the following functions: (a) Health and Safety Environment (b) supply chain management, covering procurement, material, and logistic (c) quality control, including inspection activity | |
| Other Human Health Services (CPC 93199) only for SPA services | 4) Unbound | 4) Unbound |
ANNEX 3 . SCHEDULE OF RESERVATIONS AND NON-CONFORMING MEASURES FOR SERVICES. MALAYSIA
LIST A . EXPLANATORY NOTES
1. This List A sets out, pursuant to Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services), Malaysiaâs existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 4 (National Treatment) of Chapter 8 (Trade in Services);
(b) Article 5 (Market Access) of Chapter 8 (Trade in Services);
(c) Article 9 (Most-Favoured-Nation Treatment) of Chapter 8 (Trade in Services); or
(d) Article 10 (Local Presence) of Chapter 8 (Trade in Services).
2. 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, where referenced, refers to the specific subsector for which the entry is made;
(c) Level of Government indicates the level of government maintaining the listed measures;
(d) Obligations Concemed specifies the obligations referred to in paragraph 1 that, pursuant to Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services), do not apply to the listed measures;
(e) Description sets out the non-conforming measure for which the entry is made; and
(f) Measures identifies the laws, regulations or other measures, for which the entry is made. A measure cited in the Measures element:
(i) means the measure as amended, continued or renewed, as of the date of entry into force of this Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure.
3. In accordance with Article 12 (Schedules of Non-Conforming Measures) of Chapter 8 (Trade in Services), 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.
4. The Schedules of other Parties shall not be used to interpret Malaysia's commitments or obligations under Chapter 8 (Trade in Services) or other Chapters of this Agreement.
1. Sector: All sectors
Subsector: -
Level of Government: Central and Regional
Obligations Concerned: National Treatment (Article 4) Local Presence (Article 10)
Description: Trade in Services
Only Malaysian nationals or permanent residents can register a sole proprietorship or partnership in Malaysia. Foreigners can register a Limited Liability Partnership (LLP), but the compliance officer shall be a citizen or permanent resident of Malaysia that resides in Malaysia.
Foreigners are not allowed to establish or join cooperative societies in Malaysia.
Measures:
Registration of Businesses Act 1956 [Act 197] Limited Liability Partnerships Act 2012 [Act 743] Co-operative Societies Act 1993 [Act 502]
Business Names Ordinance 1932 [Sarawak Cap. 64] (1958 Edition)
Business, Professions and Trade Licensing Ordinance 1955 [Sarawak Cap. 33] (1958 Edition)
2. Sector : Fisheries
Subsector : Marine capture fisheries
Level of Government : Central and Regional
Obligations concerned : National Treatment (Article 4) Most-Favoured-Nation Treatment (Article 9) Local Presence (Article 10)
Description : Trade in Services
No foreign fishing vessel shall load or unload any fish, fuel, or supplies, or tranship any fish, or fish or attempt to fish or conduct any techno-economic research or waters survey of any fishery, in Malaysian fisheries waters (1) unless authorised to do so.
An application for a permit to be issued in respect of a foreign fishing vessel to fish in Malaysian fisheries waters shall be made through a Malaysian agent who shall undertake legal and financial responsibility for the activities to be carried out by such vessel.
For the purposes of this entry, "fishing vessel" means any boat, craft, ship, or other vessel which is used or equipped to be used for, or of a type used for:
(a) fishing; or
(b) aiding or assisting other boat, craft, ship or other vessel in the performance of any activity related to fishing, including any of the activities of preparation, processing, refrigeration, storage, supply or transportation of fish.
Measures :
Fisheries Act 1985 [Act 317]
Lembaga Kemajuan Ikan Malaysia Act 1971 [Act 49]
Exclusive Economic Zone Act 1984 [Act 311] Continental Shelf Act 1966 [Act 83]
3. Sector: Patent agent services
Trademark agent services
Copyright representatives
Industrial design agent services
Geographical indication agent services
Subsector: -
Level of Government: Central and Regional
Obligations Concerned: National Treatment (Article 4) Local Presence (Article 10)
Description: Trade in Services
Only a person who is residing in Malaysia or is a permanent resident of Malaysia, and who is registered with the Intellectual Property Corporation of Malaysia (MylPO), is allowed to carry out a business, practice or act as a patent agent in Malaysia.
Only a person who is residing in Malaysia or is a permanent resident of Malaysia or has principal place of business in Malaysia, and who is registered with MylPO, is allowed to carry out a business, practice, or act as a trademark, industrial design or geographical indication agent in Malaysia.
Any person who is residing in Malaysia or is a permanent resident of Malaysia, or a company registered under Malaysian law, and carries on business in Malaysia, is allowed to act as a copyright representative.
Measures:
Patents Act 1983 [Act 291]
Trade Marks Act 1976 [Act 175]
Industrial Designs Act 1996 [Act 552] Geographical Indications Act 2000 [Act 602] Copyright Act 1987 [Act 332]
4. Sector: Professional services covering: Engineering services
Quantity surveying services Land surveying services Architectural services
Subsector: -
Level of Government: Central and Regional
Obligations Concerned: National Treatment (Article 4) Local Presence (Article 10)
Description: Trade in Services