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To invest in Indonesia, an investor should first look at a
so-called ?Negative List of Investment? (Daftar Negative Investasi/DNI).
The list (see chapter 6) contains those business sectors that are absolutely
closed to all domestic as well as foreign investments, those closed to only
foreign investments, those that are open to investment under condition of a
joint venture between foreign and domestic capital and those that are open to
investment under certain conditions.
Foreign direct investment (Penanaman Modal Asing/PMA) companies
in Indonesia can be established in the form of 100% foreign ownership or a joint
venture between foreign and Indonesian parties and should be incorporated as
an Indonesian limited liability company (Perseroan Terbatas / PT) and domiciled
in Indonesia.
Applications for investment under the Foreign Investment Law
can be submitted to the Government of the Republic of Indonesia through one
of the following offices:
- The Investment Coordinating Board (BKPM). For foreign investment projects
located in Bonded Zones, investors should submit the application to BKPM through
the respective Bonded Zone Authority
- The Regional Investment Coordinating Board (BKPMD) or
- Indonesian missions and posts in various countries
The applications are then evaluated by these offices for their
compliance with sectoral policies, finance etc. Clarifications, if any, would
be sought from the investors.
Following the evaluation process, the Chairman of BKPM or Head
of Corresponding Representative of the Government of the Republic of Indonesia
or the Chairman of BKPMD concerned will issue the investment approval.
Upon the issuance of the investment approval, a foreign investment
company can be legally established through the execution of the articles of
incorporation in notary deed form.
A report in The Jakarta Post of 23rd December, 2003
cites a World Bank study which shows that it takes 196 days to set up a company
in Indonesia.
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