Indonesia

Indonesia

Tightens entry requirements for foreign investors in the shipping sector

28 Oct 2024

On 28 October 2024, Indonesia enforced Law No. 66 of 2024, the third amendment to Law No. 17 of 2008 on Shipping. The amendment introduces tighter requirements for foreign investment in the shipping sector. Key changes include the following:

  • Only business entities, and not individuals, may now establish joint venture companies for shipping activities. This means that individuals, whether Indonesian or foreign, can no longer directly hold shares in such companies.

  • Foreign shipping companies must partner with an Indonesian shipping company that holds a valid shipping business licence (Surat Izin Usaha Perusahaan Angkutan Laut, SIUPAL). The Indonesian partner must hold at least 51 per cent of the shares, thereby ensuring majority Indonesian ownership and control.

  • The minimum vessel size requirement for joint ventures with foreign ownership has been increased from 5,000 gross tonnage (GT) to 50,000 GT per vessel.

  • The scope of the requirements, which previously applied primarily to companies engaged in shipping activities, has been extended to joint ventures in other sectors, including mining, offshore oil and gas and construction, when they operate vessels under a Special Sea Transportation Operation Licence (SIOPSUS).

The amendment provides a one-year transitional period and will take full effect on 28 October 2025.

Nature of measure:
  • Entry restriction
Type:
  • Entry and establishment (Ownership and control)
Industry:
  • Primary (Mining and quarrying)
  • Services (Construction, Transportation and storage)
Inward FDI:
Yes
Outward FDI:
No
Sources: