World Trade Organization |
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WT/TPR/S/184 23 May 2007 | |
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(07-2018) |
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Trade Policy Review Body |
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TRADE POLICY REVIEW Report by the Secretariat INDONESIA |
This report, prepared for the fifth Trade Policy Review of Indonesia, has been drawn up by the WTO Secretariat on its own responsibility. The Secretariat has, as required by the Agreement establishing the Trade Policy Review Mechanism (Annex 3 of the Marrakesh Agreement Establishing the World Trade Organization), sought clarification from Any technical questions arising from this report may be addressed to Mr. Mario Kakabadse (tel: 022 739 5172). Document WT/TPR/G/184 contains the policy statement submitted by |
Note: This report is subject to restricted circulation and press embargo until the end of the first session of the meeting of the Trade Policy Review Body on Indonesia.
CONTENTS
Page
SUMMARY OBSERVATIONS vii
(1) Economic Environment vii
(2) Trade Policy Framework And Developments viii
(3) Sectoral Policy Developments x
(4) Prospects xii
I. Economic environment 1
(1) Introduction 1
(2) Recent Economic Developments 1
(i) Growth, employment, and poverty 2
(ii) Fiscal developments 5
(iii) Monetary and exchange rate developments 6
(iv) Balance of payments 7
(v) Structural reforms 7
(3) Developments in Trade 10
(i) Trade in goods 10
(ii) Trade in services 13
(4) Foreign Investment Patterns 13
(5) Outlook 23
II. trade policy regime: framework and objectives 17
(1) Overview 17
(2) General Constitutional and Institutional Framework 17
(i) Decentralization 18
(ii) Governance 19
(3) Structure of Trade Policy Formulation 20
(4) Trade Laws and Regulations 20
(5) Trade Policy Objectives 22
(6) Trade Agreements and Arrangements 22
(i) Multilateral agreements 22
(ii) Regional arrangements 25
(iii) Bilateral arrangements 28
(iv) Trade preferences 28
(7) Trade Disputes and Consultations 28
(8) Foreign Investment Regime 29
(9) Aid for Trade 34
Page
III. trade policies and practices by measure 35
(1) Introduction 35
(2) Measures Directly Affecting Imports 36
(i) Customs procedures 36
(ii) Customs valuation and rules of origin 39
(iii) Tariffs 39
(iv) Other charges affecting imports 46
(v) Import prohibitions, restrictions, and licensing 46
(vi) State trading 47
(vii) Government procurement 49
(viii) Contingency measures 50
(ix) Standards and other technical requirements 52
(3) Measures directly affecting exports 56
(i) Export prohibitions, restrictions, and licensing 56
(ii) Export taxes 56
(iii) Export assistance 57
(4) measures affecting production and trade 59
(i) Taxation 59
(ii) Production assistance 60
(iii) Competition and consumer policy 62
(iv) Intellectual property rights 64
IV. trade policies by sector 67
(1) Introduction 67
(2) Agriculture and Forestry 69
(i) Features 69
(ii) Main developments 71
(iii) Selected items 73
(iv) Forestry 75
(3) Mining and Energy 78
(i) Mining 78
(ii) Energy 78
(4) Manufacturing 80
(i) Textiles and clothing 80
(ii) Automotive 82
(5) Services 84
(i) Financial Services 84
(ii) Telecommunications 90
(iii) Transportation 93
(iv) Tourism 96
REFERENCES 97
APPENDIX TABLES 99
CHARTS
Page
I. ECONOMIC ENVIRONMENT
I.1 Product composition of merchandise trade, 2002 and 2005 11
I.2 Direction of merchandise trade, 2002 and 2005 12
III. TRADE POLICIES AND PRACTICES BY MEASURE
III.1 Distribution of MFN tariff rates, 2002 and 2006 42
III.2 Average applied MFN and bound tariff rates, by HS section, 2002 and 2006 43
III.3 Tariff escalation by 2-digit ISIC industry, 2002 and 2006 44
III.4 Composition of Indonesian National Standards 53
TABLES
I. ECONOMIC ENVIRONMENT
I.1 Main economic and social indicators 2
I.2 Selected macroeconomic indicators, 2002-06 3
I.3 Summary of central government operations, 2002-06 6
I.4 Approved foreign direct investment by sector, 2002-06 14
I.5 Approved foreign direct investment by origin, 2002-06 15
II. TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES
II.1 Trade-related legislation, 2007 21
II.2 Main notifications by
II.3
II.4 Investment negative list, 2006 31
III. TRADE POLICIES AND PRACTICES BY MEASURE
III.1 Planned improvements to Indonesian Customs to be carried out in 2006/07 37
III.2 Structure of the MFN tariff, 2002-06 41
III.3 Summary analysis of the Indonesian MFN and CEPT preferential tariff, 2003-06 45
III.4 Major state-owned enterprises, 2006 48
III.5 Summary of anti-dumping actions, 2002-06 51
III.6 Taxation revenues, 2004-05 59
III.7 Budget for science and technology institutions, 2004-07 61
Page
IV. TRADE POLICIES BY SECTOR
IV.1 Sectoral GDP and employment, 2002-06 68
IV.2 Production of major agricultural commodities, 2003-06 70
IV.3 Exports and imports of major agricultural commodities, 2003-06 70
IV.4 Applicable agricultural bound and applied tariff rates, 2007 72
IV.5 Price gap between domestic and imported rice, 2003-06 74
IV.6 Natural (HPH) and plantation (HTI) forest concessions, 1993 and 2002-06 76
IV.7 U.S. imports of clothing from major Asian suppliers, 2004-06 81
IV.8 Import duties and luxury taxes, 2007 83
IV.9 Structure of the financial sector, 2006 85
IV.10 Regional comparison of financial sectors, 2006 86
IV.11 Leading banks, ranked by assets, December 2005 88
IV.12 Share of bank ownership, December 2005 89
IV.13 Telecom sector, 2004-08 90
IV.14 Telecommunications market shares in 2006 92
IV.15 Visitor arrivals to
APPENDIX TABLES
I. ECONOMIC ENVIRONMENT
AI.1 Merchandise exports by product group, 2001-05 101
AI.2 Merchandise imports by product group, 2001-05 102
AI.3 Merchandise exports by destination, 2001-05 103
AI.4 Merchandise imports by origin, 2001-05 104
1. Since its previous review in June 2003,
(1) Economic Environment
2. Indonesia's real GDP growth rose steadily from 4.7% in 2003 to 5.5% in 2006, while macroeconomic vulnerabilities have been declining.
3. Fiscal consolidation has been the hallmark of economic policy as the overall budget deficit narrowed from 2.4% in 2001 to 0.5% in 2005, helped by cuts in fuel subsidies and delays in spending caused by changes to budgetary and procurement procedures, and to 1.1% in 2006. Under the medium-term fiscal framework, public debt declined to 39% of GDP in 2006, down nearly 20 percentage points over three years, and is targeted to continue to fall to about 30% by 2010, which implies keeping the overall budget deficit under 1% of GDP in the medium term. However, the tax to GDP ratio of 12% appears insufficient to meet
4. Inflation in 2006 was down to 6.6%, apparently within the inflation target, compared with 17.1% in 2005, reflecting the deep cuts in fuel subsidies. Inflation is forecast to be around 6% in 2007 although this forecast might need to be raised if the Government decides to reduce electricity subsidies. The overriding objective of the independent Bank
5. Strong domestic demand, particularly consumption, has driven growth since the 1997-98 Asian financial crisis. The steady recovery in growth in recent years, however, has not been accompanied by an increase in employment levels. Registered unemployment (at 4.8% in 1997) has been over 9% since 2002, edging up to 11.2% in 2005 and then down to 10.3% in 2006. Labour market rigidities have been cited as one of the main causes of rising unemployment, with
6. Despite increased spending on poverty programmes, the number of people living in poverty (defined as an income of less than US$17 per month) rose for the first time in six years from 16% to 17.8% of the population between 2005 and 2006. In addition to the end of fuel subsidies, the ban on rice imports contributed to a 30% rise in domestic rice prices by the time of the poverty survey in 2006 and, as the poor spend nearly a quarter of their income on rice, poverty inevitably increased. In response, the Government relaxed the ban, thereby helping to stabilize domestic rice prices.
7. Merchandise exports accounted for about 30% of GDP during the period under review, whereas imports as a share of GDP in the same period increased from 18% to 23%. Foreign trade patterns have not changed substantially although
8. After a strong recovery in 2000-01, following a sharp decline after the Asian financial crisis, gross domestic investment has remained relatively flat. The share of investment in GDP has averaged around 23% since 2002, down from a peak of over 30% prior to the crisis, and below the average national savings rate of 24%. Similarly, inflows of foreign direct investment (FDI) collapsed after the crisis and there have only recently been signs of recovery. In order to address
9. Improvement of
10. The Government has also been laying the groundwork for judicial and civil service reform and undertaking an effective anti-corruption campaign focused on strengthening the institutional framework against corruption. New institutions such as the Anti-Corruption Commission (KPK), Anti-Corruption Court, the Interagency Corruption Eradication Team, the Judicial Commission, the Police Commission, and the Prosecutorial Commission have been given considerable authority, and existing institutions like the Supreme Audit Commission and the Attorney General's office have become more active in combating corruption. Corruption investigations have been launched at all levels of government, and among state-owned enterprises, leading to a number of successful prosecutions. In consequence, corruption and governance indicators appear to have improved since
(2) Trade Policy Framework and developments
11.
12. During the period under review, Indonesia has begun to follow a triple track strategy of international trade negotiations: multilateral, under WTO auspices; regional, centred on ASEAN and ASEAN+ agreements; and, for the first time, Indonesia is also pursuing a bilateral trade agreement with Japan, with other possible bilateral agreements under study.
13. Since its previous Trade Policy Review in 2003, Indonesia has continued to undertake systematic efforts to increase the pace of its economic development, including by reducing constraints to trade, investment, and production and streamlining procedures at the border. Customs reform is high on the Government's agenda and Parliament has considered important changes that are expected to enter into effect in 2007. The goal of customs reform is to reduce the time and cost of clearing customs and to limit smuggling and customs fraud.
14. The tariff has remained Indonesia's main trade policy instrument, albeit a relatively small source of tax revenue, accounting for a little over 4% of total tax revenue. The average applied MFN tariff is 9.5% (2006), down from 9.9% in 2004 when
15. During the period under review,
16. Government procurement remains an important instrument of industrial policy.
17. Indonesia has remained a relatively active user of anti-dumping measures, mainly on base metals and chemicals from the region, initiating 26 anti-dumping investigations between 2002 and 2006; in 2003 a Safeguards Committee was established, following the enactment of safeguards legislation in 2002.
18. National standards are formulated in accordance with international standards, where feasible; as at the time of the previous Review, mandatory standards account for about 3% of all standards. Involvement in mutual recognition arrangements has increased. Regarding SPS regulations, animal and plant quarantine measures are strictly enforced.
19. Indonesia has export licensing, prohibitions and restrictions to ensure protection of natural resources and endangered species, provide an adequate domestic supply of essential products, promote higher-value-added downstream industries, and upgrade the quality of export products. Exports of products subject to restrictive measures, including coffee, textiles, rubber and certain types of wood, have been allowed only through registered and approved exporters. During the period under review, a ban on log exports was in force, and in 2005, export taxes were introduced on raw skins, white tanned hides and coal. In 2004 the Government ended several credit programmes that offered subsidized loans to support exports. Export finance is provided by the state-owned Bank Eksport
20. Support for production and trade has been provided through financial assistance for R&D as well as through industry- and/or region-specific tax incentives. In 2006, the Government proposed tax reforms, inter alia, to simplify the tax incentive regime. Indirect taxes, such as VAT and sales tax on luxury goods, are levied, in principle, in a non-discriminatory manner. Rising global oil prices obliged the Government to reduce subsidies for fuel in 2005 and bring prices closer in line with world prices; it is estimated that savings from fuel subsidies could free up US$6-8 billion annually for developmental spending. Measures to assist domestic production and/or control/restrain trade in several sectors remain in place; they include exclusive import rights to domestic producers of certain sensitive items such as rice, alcoholic beverages, sugar, hot- and cold-rolled coil iron, and steel products. State-owned enterprises continue to play a central role in the economy and are estimated to account for up to 40% of
21.
22.
(3) Sectoral Policy Developments
23. Indonesia is the world's largest archipelago with an ethnically diverse population of 223 million and abundant natural resources, including timber, fish, minerals, petroleum, natural gas, and considerable biodiversity. Agriculture (including animal husbandry, fishing and forestry) accounted for almost 13% of GDP in 2006 and is home to the largest segment of the Indonesian population and of the poor; it has a primary role in achieving the objective of poverty alleviation. It remains the most important sector in terms of employment, providing livelihoods for over 44% of the workforce, which indicates that labour productivity in agriculture is less than one fifth of the level in the rest of the economy.
24. Indonesia's vast range of mineral resources has been exploited intensively, enabling the mining sector to make an important contribution to exports, in the order of 8% in 2005. Since 1980, the share of manufacturing in GDP has increased from some 13% to about 28% and manufacturing's share of exports has increased five fold to 64%. The services sector has also expanded, boosted by the travel and tourism industry, and in 2006 it accounted for 40% of GDP and employed nearly 38% of the working population.
25. As was the case at the time of the previous Review, agriculture continues to receive special government assistance, which reflects concern over food security and the view that this can best be met by achieving self-sufficiency in food staples, in particular rice. Central to this policy is the stabilization of the price of rice through intervention in the market, to maintain a ceiling price for consumers and a floor price for producers, and by controlling trade. Due to shortages as a result of the 2004 ban on rice imports, the price of rice rose about 30% above international prices and, given that two thirds of farming households in Indonesia are net consumers of rice, was widely considered to be the main factor in the increase in poverty in 2006; the ban has been partially removed to allow imports to help stabilize prices. By the time the
26. In the forestry sector, regulatory controls, including export restrictions, seem to have had very limited success in dealing with the problem of over-exploitation of forests and particularly illegal logging, which is thought to account for over 50% of timber production. The ban on log exports, reinstated for the duration of the review period, has done little to stem losses from the smuggling of illegally felled logs or to address environmental problems, such as damage caused by illegal logging, and instead may have depressed domestic log prices, thereby encouraging processing of wood-based products. The Government, both central and regional, has stepped up efforts to combat illegal logging, but the foreign demand for cheap timber appears to be overwhelming
27. The 2001 liberalization of the oil and gas sector has allowed foreign firms to enter the oil market, particularly in exploration and production; private companies are now allowed to open retail outlets for fuel. Pertamina's monopoly on importing and distributing fuel has been lifted, and refining, storage, and transport have been liberalized. An electricity law passed in September 2002 envisaged an end to the state electric company's monopoly on electricity distribution and the possibility for private companies, both local and foreign, to sell power directly to consumers within five years. In January 2005, however, the
28. With respect to manufacturing,
29. The financial sector has gone through major restructuring and reform since the financial crisis in 1997-98. The Indonesian Bank Restructuring Agency (IBRA) oversaw substantial consolidation during its six years of operation, but a large portion of the banking system remains in government control. During the period under review,
30.
31. Given its size and island structure,
(4) Prospects
32. The Government's Medium-Term Development Plan 2004–2009 envisages annual average GDP growth of 6.6% and aims to cut the poverty rate to 8.2% and the unemployment rate to 5.1% by 2009. The Plan recognizes that the main challenge is to increase growth to a level that can create sufficient jobs to hold back rising unemployment (and underemployment) and reduce poverty.
33. The Government is implementing a comprehensive reform agenda to strengthen public institutions, improve the business and investment climate, and boost infrastructure development. If implementation continues in a timely manner, these reforms will remove some of the main obstacles to private investment and contribute to a more flexible labour market and more efficient public administration, thus contributing to an acceleration in growth and helping to reverse the rising trend in unemployment. On the other hand, delays in implementation of the Government's key structural measures, including approval of tax and labour laws, could undermine investor confidence, and growth could remain in the sub-6% range (similar to that seen in the last few years) with unemployment continuing to trend upwards.
34. The Government has shown clear resolve to carry out major reforms.