FOREIGN INVESTMENT

 As registered consultant in Indonesia Investment Board (BKPM).

I. FOREIGN DIRECT INVESTMENT (FDI) :

Our Services :

 

1. Aplication for license from Indonesia Investment Coordianting Board (BKPM)

2. Notarial Deed for Establishment Liability Company

3. Approval from minister of justice

4. Domicile Letter from local goverment

5. Tax Number

6. Registering Company

7. State Gazzete

 

Documents required :

 

1.       For Foreign Applicant:

a.      Articles of Association of the Company

b.      Copy of valid Passport for foreign individual

2.       For Foreign Investment Company (PMA) :

a.      Articles of Association of the Company and its amendment

b.      Tax Registration Code Number (NPWP)

3.       For Indonesian Applicant:

a.   Articles of Association of the Company and its amendment or Identity Card for Individual.

b.   Tax Registration Code Number (NPWP).

4.        a.      Flowchart of the production process and raw materials requirement for processing industries.

         b.      Description Explanation of business activities for services sector

5.   Power of Attorney to sign the application if the participant(s) are represented by another party.

6.        a.      Other requirements from the minister concerned, if any, as stated among others    in the “Technical Guidance’s Book on Investment Implementation”.

b.    Certain sector namely mining sector which has extraction activity, energy sector, palm oil plantation and fishery, must obtain Letter of recommendation by the related/technical ministries.

c.       For the Palm Oil Processing Industry which does not have raw material supplied by its own plantations, the raw material guarantee document supplied by the plantation must be completed, and recogniced by the plantation Department of Regency/City Government.

 

7.        In the business sector required for partnership cooperation:

a.      Agreement between Small Scale Enterprise and Medium/Large Scale Enterprise outlining among others name and address of each party, pattern of partnership, right and obligation of each party as well as guidance provided for Small Scale Enterprises.

b.      Letter of Statement from the Small Scale Enterprise concerning that the enterprise fulfills the criteria of Small Scale Enterprises based on Law No. 9 of 1995.

 

II.  REPRESENTATIVE OFFICE (Kantor Perwakilan)

 Please click  Representative Office on this site.

 

III. Indirect  Foreign Investment

Acqusition local company and change status to Foreign Company.

 

PROCEDURE

 B.Approval, Licenses, Decrees, and Permits in Implementation Stage

1.Permanent Business License

A. WhatIs Permanent Business License?

Permanent business license (Izin Usaha Tetap, IUT) is the licensethat shall be possessed by companies for the realization of commercialproduction of goods as well as services as the implementation of SP-PMDN orSP-PMA already obtained by the companies. 

B. HowTo Apply

Applications for IUT shall be filed to Head of BKPM.
Applicationsfor IUT shall be filed by using Form IUT (Application for Permanent BusinessLicense in the Framework of PMDN/PMA).

C.Approval Of Applications

Approval of applications for IUT shall be issued in the form ofdecisions on IUT (Surat Keputusan IUT, SK-IUT).
SK-IUT shall be issued byHead of BKPM on behalf of Minister in charge of relevant business.
SK-IUTshall be issued not later than 7 (seven) working days after the receipt ofcorrect and complete applications.

D.Validity Period

IUT shall be valid for:


30 (thirty) years starting from therealization of commercial production for PMA companies; as long as the companiesare engaged in operation/production for PMDN companies.
PMA companies couldrenew their IUT validity periods by filing application for IUT renewal for theirbusiness activities. Applications for IUT renewal shall be filed before theexpiration of the companies IUT to Head of BKPM by using Form IUT. The renewedIUT are valid for 30 (thirty) years starting from the expiration of the relevantIUT. In addition, PMA companies undertaking business expansion shall be grantedIUT validityextension of 30 (thirty) years starting from the realization ofcommercial operation/production of their expansion projects.

E.Other Provisions

For industrial companies located in industrial estates:
SP-PMDN orSP-PMA shall be valid as the license for commercial production.
When thecompanies are already engaged in commercial production they shall submitCommencement of Production Statement which is a statement on the preparednessfor production to Head of BKPM. Upon reviewing the statement, Head of BKPM shalldirectly issue IUT.

2.Letter of Approval of Customs Facilities for Capital Goods

A. HowTo Apply

Applications for approval of the import of capital goods withfacilities for PMDN and PMDN companies shall be filed to Head ofBKPM.
Applications for approval of the import of capital goods shall be filedby using Model IV.A.

B.Approval Of Applications

Approval of applications for the import of capital goods withfacilities shall be issued in the form of letter of approval (Surat Persetujuan,SP) of customs facilities for capital goods with the master lists of capitalgoods attached.
SP of customs facilities for capital goods shall be issued bythe Head of BKPM on behalf of the Minister of Finance.
SP of customsfacilities for capital goods shall be issued not later than 14 (fourteen)working days after the receipt of correct and complete applications.

C.Validity Period

The validity period of SP of customs facilities for capital goodsshall conform to the period of project completion.

D.Other Provisions

Applications for change in approval of the import of capital goodsalready possessed shall be filed to the Head of BKPM. Their approval shall beissued not later than 14 (fourteen) working days after the receipt of correctand complete applications.
In the event that the capital goods alreadyimported are to be exported, the relevant companies shall file application forre-export of capital goods to the Head of BKPM.

3.Letter of approval of customs facilities for basic/auxiliarymaterials

A. HowTo Apply

Applications for approval of the import of basic/auxiliary materialswith facilities for PMDN and PMA companies shall be filed to Head ofBKPM.
Applications for approval of the import of basic/auxiliary materialsshall be filed by using Model IV.B.

B.Approval Of Applications

Approval for applications for the import of basic/auxiliary materialswith facilities shall be issued in the form of letter of approval (SuratPersetujuan, SP) of customs facilities for basic/auxiliary materials with themaster lists of basic/auxiliary materials attached.
SP of customs facilitiesfor basic/auxiliary materials shall be issued by Head of BKPM on behalf of theMinister of Finance.
SP of customs facilities for basic/auxiliary materialsshall be issued not later than 14 (fourteen) working days after the receipt ofcorrect and complete applications.

C.Validity Period

The validity period of SP of customs facilities for basic/auxiliarymaterials is as follows:
PMDN and PMA companies without IUT shall be grantedbasic/auxiliary materials import facilities for the need of 1 (one) yearsproduction for an import period of 1 (one) year; PMDN and PMA companies with IUTshall be granted basic/auxiliary materials import facilities for the need of 2(two) years production for an import period of 2 (two) years.

4.Limited importer’s identification number decree

A. WhatIs Limited Importers Identification Number?

Limited importers identification number (Angka Pengenal ImportirTerbatas, APIT) is the identification number serving as the license to importcapital goods and basic/auxiliary materials to be used by relevant PMDN or PMAcompanies in the process of production of the approved investmentprojects.

B. HowTo Apply

Application for APIT shall be submitted to Head ofBKPM.
Applications for APIT shall be submitted by using APIT Form.

C.Approval For Applications

Approval of the application for APIT shall be issued by in the formof APIT decrees (SK-APIT).
SK-APIT shall be issued by Head of BKPM on behalfof the Minister of Industry and Trade.
SK-APIT shall be issued not later than5 (five) working days after the receipt of correct and completeapplications.

D.Validity Period

APIT shall be valid for the entire territory of Indonesia startingfrom the date of stipulation as longas the companies concerned are stillengaged in production activities.

E.Other Provisions

PMDN and PMA companies in the trading services business intending toimport for goods for trading purposes shall have their APIT effective also asthe General Importes Identification Number (Angka Pengenal Importir Umum,APIU).
In the event that there are changes in names, addresses and boards ofexecutive directors or those signing import documents, the relevant companiesshall file applications for the modification of APIT to Head of BKPM.

5. Planfor employment of foreign personnel decree

 A.What Is Plan For Employment Of Foreign Personnel?

Plan for employment of foreign personnel (Rencana Penggunaan TenagaKerja Asing Pendatang, RPTKA) is a plan regarding the number, functions andemployment periods of foreign personnel needed by PMDN or PMA companies toimplement their investment projects.

B. HowTo Apply

Applications for RPTKA shall be filed to Head ofBKPM.
Applications for RPTKA shall be filed by using Form RPTKA.

C.Approval Of Applications

Approval of application for RPTKA shall be issued in the form ofRPTKA decrees (SK-RPTKA).
SK-RPTKA decrees shall be issued by Head of BKPM onbehalf of the Minister of Manpower.
SK-RPTKA decrees shall be issued notlater than 4 (four) working days after the receipt of correct and completeapplications.

6.TA.01 recommendation

A. WhatIs Ta.01 Recommendation?

Expatriates of PMA and PMDN companies as well as regionalrepresentative offices of foreign companies who are ready to leave for Indonesiaare required to possess visas for limited stay (Visa Tinggal Terbatas, VITAS).To obtain VITAS, companies shall file for TA.01 recommendations.

B. HowTo Apply

Application for TA.01 recommendation shall be filed to Head ofBKPM.
Application for TA.01 recommendation shall be field by using FormPPt.2.

C.Approval Of Applications

Approval of applications for TA.01 recommendation shall be issued inthe form of TA.01 recommendation.
TA.01 recommendation shall be issued byDirector of Licensing and Facilities to the Director General ofImmigration.
TA.01 recommendation shall be issued not later than 4 (four)days after the receipt of correct and complete applications.

D.Other Provisions

Based on TA.01 recommendations, the Directorate General ofImmigration shall notify representative offices of the Republic of Indonesia toissue VITAS to the relevant expatriates.
After the arrivals of expatriates,the relevant companies shall file applications for the issue of Limited StayPermit Cards (Kartu Izin Tinggal Terbatas, KITAS) to local immigration offices.KITAS application shall be submitted using the KITAS application form andenclosing evidences of embarkation cards.

Notes

TA.01 recommendation is issued to the Director General of Immigrationnot to the applicant.
BKPM and BKPMD do not issue VITAS as well asKITAS.

7.Expatriate work permit decree

A. WhatIs Expatriate Work Permit?

Expatriates work permit (Izin Kerja Tenaga Warga Negara AsingPendatang, IKTA) is a permit for PMDN or PMA companies to employ a number ofexpatriates in certain functions for certain periods of time. Expatriates withKITAS who are going to work in Indonesia shall apply for IKTA.

B. HowTo Apply

Application for IKTA shall be filed by the expatriates sponsor whichin this case is the relevant PMDN or PMA companies.
Application for IKTAshall be filed to Head of BKPM.
Application for IKTA shall be filed by usingForm Ppt.2.

C.Approval Of Applications

Approval of application for IKTA shall be issued in the form of IKTAdecrees (Surat Keputusan IKTA, SK-IKTA) and legitimization book.
SK-IKTA andlegitimization book shall issued by Head of BKPM for Head of BKPM on behalf ofthe Minister of Manpower.
SK-IKTA and legitimization book shall be issued notlater than 4 (four) days after the receipt of correct and completeapplications.

D.Other Provisions

Applications for the extension of IKTA shall be filed using FormPpt.2 within 30 (thirty) days of its expiration date.
PMDN or PMA companiesshall submit approval on KITAS extension.
In the event of any change in theuse of expatriates whose posts are transferred as well as changes in sponsors orlocations, relevant PMDN and PMA companies shall file applications to Head ofBKPM.
Expatriates other than executive directors and board members alreadyworking in Indonesia for 3 (three) consecutive years shall leave the territoryof Indonesia with the status of exit permit only (EPO). If, however, theexpatriates are still needed by relevant companies, sponsor companies shallenter new procedure for TA.01 recommendation on the basis on the valid RPTKAalong with copies of EPO papers.

8.Other approvals, licenses, decrees and permits not issued by BKPM

8. Other Approvals, Licenses, Decrees and Permits not issued byBKPM

8.1Approval of the articles of association of a limited liabilitycompany

As stipulated by Foreign Investment Law, PMA companies shall take theform of a Limited Liability Company (Perseroan Terbatas, PT) and subject toCorporate Law. Articles of association of PT shall be registered by the founderof PMA companies or their proxies to the Directorate General of Civil Affairs ofthe Ministry of Justice and Human Rights.

Forfurther information please contact:

Directorate General of Civil Affairs of the Ministry of Justice andHuman Rights.

8.2Tax-payer registration number and taxable entrepreneur confirmationnumber

According to Value Added Tax Laws, PMDN and PMA companies are subjectto report their business activities to the Directorate General of Taxation inits respected operational area.
Application for registration for tax-payerregistration number (Nomor Pendaftaran Wajib Pajak, NPWP) and for taxableentrepreneur confirmation number (Nomor Pengukuhan Pengusaha Kena Pajak, NPPKP)shall be filed to the Directorate General of Taxation of the Ministry ofFinance.

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