CREAT THE INVESTMENT CLIMATE FOR ENSURING THE OIL AND GAS INDUSTRY SUPPORT Director of Agribusiness Industry Planning and Other Natural Resources

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1 invest in CREAT THE INVESTMENT CLIMATE FOR ENSURING THE OIL AND GAS INDUSTRY SUPPORT Director of Agribusiness Industry Planning and Other Natural Resources BKPM Jakarta, 14 April by Indonesian Investment Coordinating Board. All rights reserved

2 1 Licensing and Non Licensing in BKPM 2 One Stop Services 3 Licensing of Downstream Oil and Gas

3 LICENSING AND NON LICENSING in BKPM

4 Licencing and Non Licencing in BKPM Type of Service CONSENT PRINCIPLES INVESTMENT ( IP ) Consent of Principle ( new ) Consent of Extension Priciple Consent of Company Merger Principle (Merger) Consent of Change Principle CONSENT OF BUSINESS (IU) Consent of Business (New) Consent of Business Expansion Consent of Business Company Merger (Merger) Consent of Business Change FACILITIES INVESTMENT Facilities Duty Exemption of Import Engine ( new, development, change, restructuring, modernization, rehabilitation ) Facilities Duty free import of Goods and Materials ( new, development, change ) Proposal for Tax Allowance(TA) Proposal for Tax Holiday (TH) Import Identification Number(API-P dan API-U) CONSENT OF REPRESENTATIVE OFFICE Consent of Representative Office Foreign Company (KPPA) Business License of Foreign Trade Representative Company (SIUP3A) 2015 by Indonesian Investment Coordinating Board. All rights reserved

5 Licencing and Non Licencing in BKPM Principles Basic Investment Domestic Investment (DCI ) : Minimum value of domestic investment that must be processed using SPIPISE is starting from Rp. 500,000,000 Foreign Direct Investment ( FDI ) : Minimum value of the investment is greater than Rp. 10 billion or it is equivalent in US $ The Minimum Capital is Rp , - or it is equivalent in US $ The minimum equity stake in a company is Rp. 10,000,000 or it is equivalent in US $ The calculation of the percentage of capital ( shares ) based on the nominal stock not shares. The mechanism of application in the field of services begins with the presentation of the business plan by Indonesian Investment Coordinating Board. All rights reserved

6 Licencing and Non Licencing in BKPM Principle License Investment (IP) Understanding Permission of the Government, the Local Government ( Provincial / District / City ) which is must have in order to start a business. EXPANSION PRINCIPLE LICENSE Industrial businesses Increased production capacity for the same type of product, greater than 30 % of production capacity that has been authorized and carried out the same location with the implementation of the previous PM. The business sectors in addition to industry The addition of the field of business activity or increase production capacity implemented either the same location or a different location with the implementation of the previous PM. CHANGE PRINCIPLE LICENSE Change of plans or realization of investment that has been approved and specified by the Central Government or Local Government. Include provision changes : Changes in the company's capital Change the location of the project Changes in the business field Change of time project completion 6

7 Licencing and Non Licencing in BKPM BUSINESS LICENSES UNDERSTANDING Permission of the Government,the Local Government ( Provincial / District / City ) which must be owned companies to begin implementation of production / operations that produce goods or services,unless otherwise provided by regulation sectoral laws. GENERAL CONDITIONS OF BUSINESS LICENSE Industrial businesses Conditions at least 80 % of the main engine production activities in the field of industrial enterprises have been installed at the project site. The business sectors in addition to industry Condition of the company in the field of business be sides industry has prepared all facilities and infrastructure in order to carry out its business activities. 7

8 Licencing and Non Licencing in BKPM FACILITIES INVESTMENT UNDERSTANDING The government provides the facility of duty import on machinery, goods and materials for capital investment, corporate income tax and importer identification number. GETTING INDUSTRIAL FACILITIES EXEMPTION Companies that already have a business license for the processing of raw materials, raw materials, semi-finished materials and / or finished goods, being goods with higher value The Service Industry are getting facilities duty exemption ( Primary and Tertiary Sector ), among others : Tourism and culture Transportation / Transportation ( for public transport services) Public Health Services mining construction Telecommunications Industry port 8

9 Licencing and Non Licencing in BKPM FACILITIES IMPORT MACHINE, GOODS, AND MATERIALS (1) TERMS OF FACILITIES FOR IMPORTING CAPITAL GOODS Capital goods must be used for the needs of the industry itself. Duration import is 2 ( two ) years and it may be extended according to the timing of the project ( JWPP ) in investment approval. Companies that have received exemption from duty import based on other provisions can not use the provisions of this facility. 9

10 Licencing and Non Licencing in BKPM FACILITIES IMPORT MACHINE, GOODS, AND MATERIALS(2) TERMS OF FACILITIES FOR IMPORTING RAW MATERIAL Raw materials must be used for the needs of the industry itself. The raw material is given 2 years for the needs production, it can be extended the deadline of the importation is 1 ( one ) year. Companies that using the machine / equipment domestic production are given raw material import facilities for 4 ( four ) years,, extendable deadline for the importation is 1 ( one ) year, with the following provisions: Import period is 4 ( four ) years, extendable deadline for the importation is 1 ( one ) year. Determination of criteria for the company as domestic production engine users are set by the Ministry of Industry. 10

11 Licencing and Non Licencing in BKPM FACILITIES IMPORT MACHINE, GOODS, AND MATERIALS(3) THE FACILITIES OF MACHINERY IMPORT LIMITATION, GOODS AND RAW MATERIALS Import duty exemption machinery, goods, and material are given if: It has not been produced in the country. Already produced in the country but it does not meet the requirement specification. Already produced in the country but the amount is insufficient for the industry necessity. 11

12 Licencing and Non Licencing in BKPM FACILITIES OF TAX ALLOWANCE AND TAX HOLIDAY(1) TAX ALLOWANCE FACILITIES Reduction of net income is 30% of the total investment that is charged for 6 years. Depreciation and amortization are accelerated. The imposition of income tax on dividend is paid to foreign tax subject 10% or a tax treaty rates. Compensation of losses that are older than 5 years and it is not more than 10 years with certain requirements. TAX HOLIDAY FACILITIES Corporate Income Tax exemption may be granted for a maximum period is 10 ( ten ) fiscal years and the shortest is five fiscal years, starting from the beginning of the tax year commercial production. After the expiration of the exemption provision of Corporate Income Tax, Tax Payer is given the reduction of income tax 50 % from the income tax payable for two (2 ) fiscal year. 12

13 Licencing and Non Licencing in BKPM FACILITIES OF TAX ALLOWANCE AND TAX HOLIDAY (2) TERMS OF TAX HOLIDAY New corporate taxpayers with an investment : 1 Trillion A minimum of 10 % is placed in a national bank Indonesian legal status per 15 August 2010 Industry pioneers : - Basic metal industry - Petroleum refining industry and / or organic basic chemicals derived from petroleum and natural gas - Machinery Industry - The field of industial renewable resources - Industry of communication equipment 13

14 Licencing and Non Licencing in BKPM IMPORTER IDENTIFICATION NUMBER (API) UNDERSTANDING Importer is the individual or business entity that is a legal entity or non-legal entity conducting import. TYPE OF API API Manufacturers Awarded to companies that only import goods for itself, as capital goods, raw materials, auxiliary materials or supporting materials production activities. API Public Given to companies who only do the import of certain goods for trading purposes. 14

15 Integrated Services (PTSP)

16 PRODUCTION / COMMERCIAL OPERATIONS CONSTRACTION INSTALLATION BHI Licencing and Non Licencing in BKPM Before PTSP LICENSING PROCESS FLOW BKPM Businessmen K/L dan LOCAL GOVERNMENT LICENSE OF PRINCIPLE Importer Identification Number Manufacturers (API-P) Facility duty engine Tax Allowance or Tax Holiday LICENSING BUSINESS / OTHER SUPPORT LICENSE OF BUSINESS Angka Pengenal Importir-Umum (API-U) Fasilitas bea masuk barang dan bahan 16

17 Licencing and Non Licencing in BKPM After PTSP LICENSING PROCESS FLOW PTSP center in BKPM Front Office Back Office Desk BKPM BKPM Online SPIPISE* Desk K/L K/L Online K/L Investor Desk K/L Desk K/L K/L K/L Online K/L Desk K/L K/L 1. reception Document 2. consultation Licensing processing Monitoring Online * SPIPISE : Sistem Pelayanan Informasi dan Perizinan The Investasi Investment Coordinating Secara Board Elektronik of the Republic / of Licensing Indonesia Information Service System and Electronic Investment 17

18 TIMELINE OF WORK PTSP CENTER Launching of the online licensing BKPM Test PTSP Center (15 Jan) Launching of PTSP Center (26 Jan) Regional PTSP 24 Provinces Regency / City ( Feb- December) December 2014 January 2015 February- December 2016 socialization PTSP Center ( Jan - March) PTSP PURPOSE CENTER : Acceleration and Simplification of Licensing ( Feb- April) Regional PTSP 34 provinces 561 districts / cities The achievement of the licensing process is fast, simple, transparent and integrated. PTSP CONCEPT CENTER : Investors come to BKPM as organizers PTSP licensing center to take care of the investment, no longer need to drive around the Ministry / Agency Investors can monitor the process of licensing online Investors get certainty about deadlines licensing 18

19 FOCUS ARES PTSP PTSP CENTER Focus development PTSP Regional : 63 areas that have not yet established PTSP 217 that have not implemented SPIPISE 191 areas that still separate the affairs of investment with PTSP NO REGIONAL TOTAL IMPLEMENTATION PTSP NOMENCLATURE BPM-PTSP IMPLEMENTATION SPIPISE DELEGATION ALREADY FORMED BUSINESS INVESTMENT FOR PTSP HAS FORMED FORMED NOT YET DONE NOT YET EXIST NOT YET DONE NOT YET MERGER SEPERATE (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) 1 PROVINCE DISTRICT CITY KPBPB KEK TOTAL Source: BKPM, data per 27 January 2015 KPBPB: Kawasan Perdagangan Bebas dan Pelabuhan Bebas / Free Trade Zone and Free Port KEK: Kawasan Ekonomi Khusus / Special Economic Zones Legal : Perpres 97/

20 ALREADY ONLINE IN CENTRAL PTSP 11 Licenses in BKPM have been online since December 15, 2014 No Type of license SOP 1 The new License Principle 3 working days 2 Extension license principle 3 working days 3 License Change princile 5 working days 4 Business License change 5 working days 5 Licensing representative offices of foreign companies 5 working days 6 Business License 7 working days 7 Business License extension 7 working days 8 Business license merger 7 working days 9 Facilities for exemption duty import of machinery 10 Facilities for exemption duty import of materials and goods 7 working days 7 working days 11 License principle incorporation 10 working days SPIPISE : Sistem Pelayanan Informasi dan Perijinan Investasi Secara Elektronik. / Licensing Information Service System and Electronic Investments. Advatages of SPIPISE : Having a tracking system with clear SOP Easy, investors can access from anywhere by online Safe, secure enterprise data confidentiality Review SOP pada Februari

21 22 MINISTRY / AGENCIES INVOLVED in PTSP CENTER Kementerian ESDM 10 kelompok izin Kem. Lingkungan Hidup dan Kehutanan 35 kelompok izin Kementerian Perindustrian 11 kelompok izin Kem. Agraria, Tata Ruang, dan BPN 1 kelompok izin Kementerian Perdagangan 7 kelompok izin Kementerian Pertanian 5 kelompok izin Kementerian Keuangan 2 kelompok izin Kementerian Perhubungan 7 kelompok izin Kementerian Komunikasi & Informatika 14 kelompok izin Kementerian Ketenagakerjaan 5 kelompok izin Kementerian PU dan Perumahan Rakyat 7 kelompok izin Kementerian Kelautan dan Perikanan 1 kelompok izin Kementerian Pendidikan & Kebudayaan 1 kelompok izin Kementerian Pertahanan 1 kelompok izin KEPOLISIAN RI 1 kelompok izin BPOM 1 kelompok izin Total from 150 licenses were served in the PTSP Center, 118 licenses delegated to BKPM and 32 licenses were not delegated but served in the PTSP Center. Kementerian Hukum dan HAM 1 kelompok izin BSN 1 kelompok izin Kementerian Kesehatan 9 kelompok izin LEMSANEG Kementerian Pariwisata 19 kelompok izin PT. PLN Persero 21

22 READINESS PTSP CENTER PTSP Center is ready to serve all areas of business investment license, unless the upstream oil and gas and banking sectors Total of 77 liaison (liaison officer- LO ) from 22 Ministries / Institutions are ready to serve investors The LO served in the front office and back office : 1. LO front office tasks : accept the licensing application and consultation on investors 2. LO back office tasks : perform processing permits PTSP has a contact center ( BKPM ). Information services provided include : 1. General information 2. Services, licensing and regulation 3. Service desk online system BKPM 4. Information related technical ministries 5. Complaints 22

23 Service Integration License of Electricity in PTSP PTSP CENTER PLN 1. Izin Prinsip/IUPL Sementara 2. APIP (Inatrade) 3. Fasilitas Bea Masuk (DBC)* 4. NIK (DBC)* 5. IUPTL 1. RUPTL 2. Pengadaan (Lelang, Pemilihan langsung, Penunjukan 6. Izin Operasi 7. Penetapan Wilayah Usaha 8. Penugasan Survei Panas Bumi 9. Izin Panas Bumi * Online oleh investor langsung) 3. PPA/PJBL 4. Financing Date Kemenhut dan LH Kemenhub Kemenko Ekon 1. IPPKH 2. AMDAL 1. Izin Terminal Khusus 2. Izin Navigasi 1. Persetujuan Pinjaman Komersial Luar Negeri (PKLN) KESDM 1. Komisioning 2. Pemeriksaan, pengujian, dan penerbitan SLO Kemenaker 1. Rencana Penggunaan Tenaga Kerja Asing (RPTKA) 2. Izin Mempekerjakan Tenaga Kerja Asing (IMTA) Investor Kemenkeu 1. Surat Jaminan Kelayakan Usaha (SJKU) Kem PU Pera 1. Izin Bendungan 2. Izin konstruksi BPN 1. Pertimbangan Teknis 2. Pengadaan tanah (tahap pelaksanaan) 3. Sertifikasi PTSP PROVINCE* Perizinan Daerah * Jika lokasi lintas kabupaten/kota diperlukan Izin Lokasi tingkat Provinsi PTSP REG/CITY Perizinan Daerah 1. IMB (Kab/Kota) 6. Izin Penggunaan Genset 2. Izin Lingkungan 7. Izin Penangkal Petir 3. Izin Lokasi (Kab/Kota) 8. TDP 4. Izin Penggunaan Boiler 9. Izin Kesehatan dan Keselamatan Kerja 5. Izin Penggunaan Lif

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