Applications
for new investment under PMA arrangements
can be filed by
|
| a. |
Foreign citizens and/or foreign
statutory bodies and/or PMA companies |
| b. |
Foreign citizens and/or foreign
statutory bodies and/or PMA companies along
with Indonesian citizens and/or Indonesian
statutory bodies.
|
Applications
for new investment under PMA arrangements
shall be filed to
|
| a. |
Head of BKPM |
| b. |
Heads of local representative offices of
the Republic of Indonesia |
| c. |
Chairmen of local BKPMD.
|
In the event that
the new investment project resides in 2 (two)
or more provinces, the applications shall
be filed to the Head of BKPM.
Applications for new investments under PMA
arrangements shall be filed by using Model
I/PMA form. |
| |
|
Approval
of Application
|
Approval of applications
for new investment under PMA arrangements
shall be issued in the form of letter of approval
of foreign investments (Surat Persetujuan
Penanaman Modal Asing, SP-PMA).
SP-PMA shall be issued by : |
| a. |
Head of BKPM when the applications were
filed to Head of BKPM |
| b. |
Minister of Foreign Affairs (in this case
Heads of local representative offices of the
Republic of Indonesia) when the applications
were filed to the Heads of local representatives
offices of the Republic Indonesia |
| c. |
Governors/Heads of Provincial Regions (in
this case Chairmen of local BKPMD) when the
applications were filed to the Chairmen of
local BKPMD.
Notice that the Chairmen of local BKPMD are
staffs of Governors/Heads of Provincial Regions.
Approvals issued by Governors/Heads of Provincial
Regions are, in principle, approvals issued
by Chairmen of local BKPMD for the Governors/Heads
of Provincial Regions. For simplicity, approvals
issued by Chairmen of local BKPMD, hereafter,
refer to approvals issued by Chairmen of local
BKPMD for the Governors/Heads of Provincial
Regions.
|
SP-PMA shall be
issued not later than 10 (ten) working days
starting from the receipt of correct and complete
applications.
|
Other Provisions
PMA companies with SP-PMA shall file applications
for investment implementation licenses required
for the realization of their investments.
SP-PMA shall be automatically cancelled
if no realization of projects take place
in the form of concrete activities for 3
(three) years starting from the date of
its issuance. Concrete activities consist
of administrative and physical ones.
Concrete administrative activities shall
be those for the following licensing :
|
| a. |
the location license or building lease agreement
(especially for PMA companies in services
sector) or regional mining license or mining
concession (especially for PMA companies in
the field mining) and; |
| b. |
bank accounts in the names
of PMA companies (especially for new PMA companies);
and |
| c. |
customs approval letter for capital goods;
and/or |
| d. |
limited importer’s identification
number; and/or |
| e. |
decision on the plan for employment of foreign
personnel (especially for PMA companies using
expatriates); and/or |
| f. |
building construction permit; and/or |
| g. |
Nuisance Act permit; and/or |
| h. |
deed of the establishment of companies already
validated by the Minister of Justice for capital
participation based companies). |
| |
|
| Concrete physical
activities shall be those already conducted
: |
| a. |
for industries: there are main activities
in the form of land clearance covering at
least 25 percent of the areas contained in
SP-PMA; or |
| b. |
for services and capital participation (holding):
there are main activities in the form of land
clearance covering at least 25 percent of
the areas contained in SP-PMA, or office/building
space. |
