smart law - new negative investment list
TRANSCRIPT
AN OVERVIEW OF NEW NEGATIVE INVESTMENT LIST 2016LITA PAROMITA SIREGAR
WHAT KIND OF LIMITATION?
Reserved For Or Subject To
Partnership With Local SME
As Well As Cooperatives
Foreign Ownership Limitations.
Special Licensing Requirements.
Higher Foreign Ownership In The
Context Of Cooperation Of The (ASEAN).
Location Requiremen
ts
Special Licensing
Requirements
WHAT IS NEGATIVE INVESTMENT LIST ?
“List of business field that are closed or open with limitation or requirements for foreign investment “
“Enacted through Presidential Regulation No. under Presidential Regulation No. 44 of 2016, which became
effective on 18 May 2016”
If your business fields are not listed on Negative List, then you can own 100% shares in your Foreign Investment Company
(PMA)
WHAT 2016 NEGATIVE LIST SAYS ?
Businesses open for investors
Recommendations are eliminated
Foreign shares ownership are increased in several business fields
45
83
65
WHAT 2016NEGATIVE LIST SAYS ?
Business categories are simplified. For example in contruction business
Shares ownership for ASEAN investor is increased for several business
NO. BUSINESS SECTOR BUSINESS ACTIVITIES
01. Film Production
Film Shooting Studios, Film Processing Labouratories, Film Dubbing Equipments, Film Developing and/or Duplication Equipment, Film Shooting Equipment, Film Editing Equipment, Film Subtitling Equipment, Filmmaking, Motion Picture Projection, Motion Picture Distribution, Motion Picture Advertising
02. Food and Beverages Restaurants, Cafes, Bars
03. Energy and Mineral Manufacture of Biomass Pellets for Energy
04. Public Works Operation of Toll Roads, Treatment and Disposal of Non-Hazardous Waste
05. TradeDirect Selling through a Network Developed by a Business Partner, Distribution affiliated with Production, Cold Storage, Futures Broker
06. Sports Centres Operation of: Swimming Pools, Football Stadiums, Tennis Centres, Fitness Centres, Sport Centres, Other Sport Facilities
07. Communications and Informatics
Performance of Telecommunications Equipment Testing (Laboratory Test)
08. HealthManufacturing of Drug Raw Materials, Hospital Business and/or Management Consultancy Services, Hospital Management Services, Renting of Medical Devices, Laboratories of Clinics, Medical Check-up Clinics
45 BUSINESS SECTORS OPEN FOR INVESTOR IN NEGATIVE
LIST 2016
NO. BUSINESS ACTIVITIES % OF SHARES
ALLOWED
01. Power Construction and Installation for High/Medium Voltage Electrical Installation 49%
02.Testing and Analysis of Electrical Installation for: Electrical Utility Construction High/Extra High Electrical Installation
49%
03.
Passenger Land Transport:A. On Scheduled Routes
Intercity and Interprovincial Transport Border Bus Transport In-province Intercity Transport Urban/Suburban/Rural Transport Cross-Border Transport
B. On Non-Scheduled Routes Taxi Transport Tourism Transport Specific Destination Transport Specific Area Transport
49%
04. Department Store (400 m2 – 2.000 m2 area of selling)67%
(Special License from Ministry of
Trade)
Business Sectors Previously Closed to Foreign Investment
THINGS TO RECONSIDER ON YOUR BUSINESS RELATED TO 2016 NEGATIVE LIST
Open New Business
Identify business fields that prospective in Indonesia
Existing Indonesian-Foreign OwnershipAssess the possibility of increasing shareholdings in existing
Have 100% On Your Company assess the possibility (if appropriate) to remove the small shareholdings held by Indonesian investors (e.g., where foreign investment is now open 100%).
THANK YOUAny
questions ?
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