United States: 印度尼西亚放宽外国投资限制,但某些产业依然受保护

2016年5月18日,印度尼西亚政府透过总统令2016年44号修订了《限制投资名单》(Daftar Negatif Investasi or DNI)。经修订的《限制投资名单》作为最近一系列经济刺激方案的一部分为外国投资者在不少行业创造了机会,包括零售、旅游、娱乐、及分销行业,虽然其他过往开放的一些行业目前受到限制以保护本地产业。

众多新产业准许百分之一百的外国所有权

各种过去完全或局部对外国投资封闭的产业已不再包含在《限制投资名单》内,因此它们允许外国投资者全资所有。这些产业包括超过1000亿印尼卢比(大约相当于750万美元)投资额的某些大型的电子商贸活动、电讯设备测试、医疗保健支持服务、药物原材料生产、收费公路管理、无害废料管理、电影制作/发行、电影院、餐厅/酒吧、冷藏库及与生产有关联的分销。

放宽对外国所有权的限制

若干产业也放宽了对外国所有权的限制。例如,分销公司(与生产没有关联的)及仓储公司的外国所有权一直都是在印度尼西亚经营的外国公司要面对的重要问题,此次该等产业的外国所有权的最高比例限制已由以往的33%提升至67%,有效容许外国投资者不再局限于只能成为少数股东。其他外国所有权比例的限额被提升至67%(在某些情况下,东南亚国家联盟的投资者所有权可达70%)的产业还包括餐饮服务、会议、奖励活动、研讨会及展览服务、专业训练、高尔夫球场、航空运输支援服务、电讯服务、医疗保健服务、咨询及建造服务(适用于合同金额超过500亿印尼卢比(大约相当于370万美元)),以及零售店面介乎400平方米到2000平方米的百货公司。

一些过往对外国投资完全封闭的产业,例如陆上乘客运输及高压电气安装测试,外国投资者亦可持有最高达49%的股权。

保护主义政策可能抑制投资

伴随在多个产业放宽对外国投资的限制,经修订的《限制投资名单》同时也增加了只对印度尼西亚微型和中小型企业("MSMEs")开放的产业数量,或要求某些行业的外国投资者在营运之前必需先与本地MSMEs或合作社建立一个本地合伙关系的安排(通过转包合同、代理、特许经营、或其他合伙关系安排)。又例如,工程及工程咨询服务(涉及低到中等技术或风险,或工程服务的合同金额不超过500亿印尼卢比(大约相当于360万美元),或工程咨询服务的合同金额低于100亿印尼卢比(大约相当于75万美元))只对MSMEs开放。通过邮寄订购或网上订购的零售交易亦需要有本地合伙关系。

上述这些改变反映了政策希望在这些产业鼓励本地商业发展;但是,与此同时,相关正策也可能会阻碍不希望放弃本地经营的控制权或不想要投资大量资金于印度尼西亚的外国投资者的投资。

根据《限制投资名单》的过渡条款规定,对《限制投资名单》的修改并不适用于原先已获印尼投资协调委员许可并已在因这些政策而变得完全或部份对外国投资封闭的产业中营运的外资公司(Penanaman Modal Asing)。

机会

《限制投资名单》被修订加上印度尼西亚可能加入《跨太平洋战略经济伙伴关系协议》,两者预示印尼政府确认外国直接投资在推动印尼经济方面担当重要的角色。虽然《限制投资名单》并没像很多人希望的那样在扩大外国投资方面修改力度更大,但其修改的确在过往对外国投资封闭的关键行业为外国投资者提供了机会。此外,在某些关键行业,例如与生产有关的分销行业,放宽对外国投资比例的限制也能够让外国投资者在现有的投资项目里取得控制权。

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