ANNOUNCEMENT 17 Mar 2009In March 2009, the government of Indonesia announced an alteration to its export prohibitions.
NUMBER OF INTERVENTIONS
Measure listed as verified, see Annex I, WTO monitoring report 26 March 2009 and WTO Committee on Market Access document No.G/MA/235, 17 March 2009.
USTR report on Indonesia, 2010 (http://www.ustr.gov/sites/default/files/uploads/reports/2010/NTE/2010_NTE_Indonesia_final.pdf)
According to the WTO Committee on Market Access document No. G/MA/235 (17 March 2009) Indonesia's Ministry of Culture and Tourism issued on 25 November 2008 decree PM.55/PW.204/MKP/2008 with new restrictions on the importation and replication of films. The decree restricts imports of celluloid film to one master or duplicate negative film along with only one sample copy of each finished film. The decree also dictates that all theatrical movie prints must be duplicated locally by technical service companies located in Indonesia.
The reported objective of the regulation is to deter film piracy and to increase efficiency of the enforcement of the Censorship Law.
One of Indonesia's trading partners has commented on this measure. In a submission to the WTO the United States stated that "the decree appears to be a significant new restriction that would severely limit, if not eliminate, the importation of movies printed outside of Indonesia. This would likely reduce the availability of foreign films in Indonesia's market and harm the economic interest of Indonesian theaters - as well as the shopping and entertainment districts anchored by these theaters - that depend on foreign films for their revenue."
According to the USTR a related law was introduced in September 2009 and includes the following restrictions:
This measure limits the circulation of foreign imports as well as discriminatng against any foreign firms offering film duplication services in Indonesia. For this reason it is listed as discriminatory.