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The Latest Regulation on Indonesia 2016 Negative Investment List

Posted 23.06. 2016 by Cekindo / Last update on 22.05. 2017

The Latest Regulation on Indonesia 2016 Negative Investment List Review by Michal Wasserbauer on 23. 6. 2016 Company Registration in Indonesia, Market Research in Indonesia, Work Permit in Indonesia, Product Registration in Indonesia, Local Partner Selection in Indonesia, Trade Mission in Indonesia, Company Formation in Indonesia, Company Establishment in Indonesia, Company Set Up in Indonesia, Payroll Outsourcing in Indonesia, Tax Reporting in Indonesia, Medical Product Registration in Indonesia, Medical Device Registration in Indonesia, Cosmetic Registration in Indonesia, Food Supplement Registration in Indonesia.
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The new Negative Investment list has finally published by Indonesia Investment Coordinating Board (BKPM) on May 18th, 2016. This 2016 Negative Investment List is replacing the 2014 Negative Investment List or Daftar Negatif Investasi 2014.

There are some sectors that closed for the foreign investment on the prior Negative List. But now those sectors are open for foreign investment. There are also some sectors that are completely got removed from the list, which means the companies in those sectors could legally run as 100% foreign owned companies. It opens more possibilities for the foreign investors who want to expand or even start a new business in Indonesia. Find out how to register a company in Indonesia.

Here are some of the most foremost industries and sectors. That affected By significant adjustments to ownership caps under this transformation:

Agriculture

The previous regulation required a recommendation from Minister of Agriculture for several business activities. There are recommendations from the minister that removed from the Minister for the following activities:
1. Growing of food crops, including breeding/seeding with an area of more than 25 HA,
2. Processing of plantation crops with a 20% utilization of a business’s own crops, and
3. Research and development on genetically modified organisms.

Construction and Installation of High Voltage Electricity

On the prior Negative List Investment, it has no reference for the foreign investment. But on the 2016 Negative List Investment is now open 49% for foreign investment.

Marine and Fisheries

The 2016 Negative Investment List removes fishery and processing of fishery products from the list, and they are fully opens them for foreign ownership. Nevertheless, sea sand quarrying is no longer open for foreign ownership. The utilization of coral requires Minister of Environmental and Forestry’s recommendations.

Crumb Rubber Industry

It was 100% close for the foreign investment, but 100% foreign investment now permitted (provided that a special license from the Minister Industry of Indonesia is obtained). See how to get the import and export license in Indonesia.

Energy and Mineral Resources

There are a pretty significant change in this sector, the new regulation changes large Scale Power Plants (> 10 MW), maximum foreign ownership from 95% to 100% for PPP.

Public Works

The new regulation is aligning the requirement for investment with the relevant regulations as issued by the Minister of Public Works and the Investment Coordinating Board (BKPM). Here are the changes:

  1. Construction services (contractors) with high technology, high risks, and/or work value of more than IDR 50 billion, maximum foreign ownership is 67% or 70% for investor from ASEAN countries;
  2. Construction consultancy services with high technology, high risks, and/or work value of more than IDR 10 billion, maximum foreign ownership is 67% or 70% for investor from ASEAN countries; and
  3. Water drinking supply, maximum foreign ownership is 95%.

Biomass Pellet and Producing Industry

It was only permitted when in partnership with a local SME, the new regulation said that now it’s 100% foreign investment permitted.

Trading

Direct selling and futures brokers got removed from the updated list, automatically these activities are fully open for foreign ownership and increased minimum foreign shareholder ownership from 33% to 67% for distributors and warehousing. Find out how to establish a trading company in Indonesia and the business set up overview.

Transportation

The changes in this sector are:

  1. Land Terminal Construction for Public and Goods Facilities, from closed to open for up to 49% foreign ownership, and
  2. Vehicle Testing, from closed to open for up to 49% foreign ownership.
  3. Passenger Transportation Overland. It was 100% closed for foreign investors, but now it’s 49% foreign investment permitted.

You can download file of the Indonesia 2016 Negative Investment List or 2016 DNI here.

 



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16 Responses to “The Latest Regulation on Indonesia 2016 Negative Investment List”

  1. […] maritime, fishery, trading, tourism, health care services, property, and infrastructures (check out the latest negative investment list). Especially for property, the chief of Indonesian Real Estate (REI), said that this year, the […]

  2. […] products, weight management, allergy care products, consumer health products, etc (find out the updated business fields which are allowed for foreign investment). Based on the data obtained from AC Nielsen, Indonesian people’s expenditure on health and […]

  3. […] Some business fields are open for 100% foreign ownership, but some others are restricted (Read: The Latest Negative Investment List) . If you have limited budget it’s better to use Virtual Office or Co-Working Office to start […]

  4. […] Some business activities require minimum amount of authorized capital, which are regulated in the current laws and government regulation (e.g. businesses stated in the negative investment list). […]

  5. […] List. However, there are some business activities that are closed for foreign ownership based on Negative Investment List, therefore should  be established as Local Indonesian companies (refers to President Regulation of […]

  6. […] activities, there are several business fields which are closed for foreign ownership (check the updated negative investment list to see what are the forbidden business fields for foreigners). Thus the alternative solution is […]

  7. […] for specific companies in specific industries (regarding to Indonesian negative investment list or other […]

  8. […] The Indonesian Government determines which industries are closed to foreign investment through the Negative Investment List (Daftar Negatif Investasi), which in theory is issued every three years unless revised before […]

  9. […] some sectors or industries are prohibited or limited to foreign investment. The list is written in the Negative Investment List. In the list, some sectors limits the foreign ownership prom zero (0) to ninety-five (95) percent. […]

  10. […] The Foreign e-commerce company could be owned by 100% foreigners if the company invests at least IDR 100 billion—about US$7.4 million. The companies that invest less than IDR 100 billion could only be owned by 49% of foreigners. If your company invest less than IDR 10 billion but it can open a job opportunities for at least 1,000 local people, it can also be owned 100% by foreign investors (read: the latest invesment negative list). […]

  11. […] a PT PMA in Indonesia, he has to investigate his exact business activities regarding the Negative Investment List, which notes foreign ownership limits in certain business classifications. It issued […]

  12. […] activities, there are several business fields which are closed for foreign ownership (check the updated negative investment list to see what are the forbidden business fields for foreigners). Thus the alternative solution is […]

  13. […] Furthermore, medical devices are classified into several risk levels, each of which has its own registration procedure and requirements. Besides understanding what requirements are needed, it is also important to note what general constraints that makes certain medical devices registrations rejected. Some of those are incomplete document requirements, expired documents, lack of understanding of online application, and lack of knowledge on updated information, regulation, or procedure (read: The Latest Negative Investment List). […]

  14. […] to register a PT PMA in Indonesia, he has to investigate his exact business activities regarding the Negative Investment List. Which notes foreign ownership limits in certain business classifications. It issued by the […]

  15. […] company, mainly because they seek the opportunities to deal with some businesses listed in the Negative Investment List or simply want to distribute or market their products in Indonesian. The most practical solution […]

  16. […] Check the latest regulation on Indonesia 2016 Negative Investment List. […]