E N F O R C E M E N T   AND   C O M P L I A N C E

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What is this Agreement and what does it do?

Who benefits from this Agreement?

How can this Agreement help my company?

Can the U.S. Government help me if I have a problem?

How can I get more information?

What is this Agreement and what does it do?

In this Agreement, the Indonesian Government described steps that it intended to take to improve market access for imported films and videos. The Agreement followed several meetings at which representatives of the U.S. and Indonesian Governments discussed Indonesia's restrictive policies. The Agreement has eased some restrictions, but others remain.

The Agreement is in the form of an exchange of letters dated April 29, 1992, between the U.S. Trade Representative and Indonesia's Minister of Trade.

Who benefits from this Agreement?

Any U.S. or other foreign company that wishes to export motion pictures or video cassettes to Indonesia or distribute them there can benefit from the limited steps that Indonesia has taken to improve market access.

How can this Agreement help my company?

The Indonesian Government does not allow foreign distributors of films and videos to establish branches or subsidiaries in Indonesia. The government licenses companies that are 100 per cent Indonesian-owned to distribute foreign films and videos, and these companies must belong to the European and American Film Importer's Association (AIFEA) or the European and American Videocassette Importer's Association (ASIREVI). As a result of the 1992 Agreement, Indonesia increased the membership of the film association from six to eight companies, and the video association from five to eight. In the Agreement, Indonesia confirmed that direct distribution of imported motion pictures by 100 per cent foreign-owned companies would be permitted when such distribution was permitted for other imported products.

The Agreement confirms that Indonesian companies may cooperate with foreign companies in subtitling and duplicating films and videos in Indonesia. Imported films intended for viewing by children may be dubbed in Indonesia, and - subject to the issuance of a license - the integration of the dubbed sound may be accomplished abroad. The Agreement also states that, subject to the approval of the Indonesian Ministry of Information, companies (including foreign companies) can provide technical assistance to Indonesian companies in marketing and advertising foreign films.

Indonesia continues to apply annual quotas to imported films and videos. Duties, taxes, licensing fees and other required payments also act as market access barriers.

Can the U.S. Government help me if I have a problem?

Yes. If you believe that you are not obtaining the benefits provided by this Agreement, contact the Office of Trade Agreements Negotiations and Compliance's hotline at the U.S. Department of Commerce. The Center can help you understand your rights and Indonesia's obligations under the Agreement, and it can work with other U.S. Government officials to help you resolve your problem. The U.S. Government, if appropriate, can raise the particular facts of your situation with Indonesian authorities and ask them to review the matter.

How can I get more information?

The complete text of the U.S.-Indonesia Agreement on Market Access for Films and Videos is available on the Office of Trade Agreements Negotiations and Compliance's web site.

If you have questions about this Agreement or how to use it, you can e-mail the Office of Trade Agreements Negotiations and Compliance, which will forward your message to the Commerce Department's Designated Monitoring Officer for the Agreement. You can also contact the Designated Monitoring Officer at the following address:

Designated Monitoring Officer -

Indonesia Film and Video Agreement

Office of the Pacific Basin

U.S. Department of Commerce

14th Street & Constitution Avenue, N.W.

Washington, D.C. 20230

Tel: (202) 482-3832

Fax: (202) 482-3316

The Designated Monitoring Officer can also provide you with useful trade leads and contacts.

You can also obtain more information on exporting to Indonesia by visiting the following web site at the International Trade Administration:

The Trade Information Center's Asia and Pacific Home Page This site provides exporters with information on regulations and procedures regarding customs and import documentation in Indonesia, as well as market intelligence information.

TANC offers these agreements electronically as a public service for general reference. Every effort has been made to ensure that the text presented is complete and accurate. However, copies needed for legal purposes should be obtained from official archives maintained by the appropriate agency.