Market Study on Industry 4.0 Trade Obstacles in ASEAN

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Study Report

Market Study on Industry 4.0
Trade Obstacles in ASEAN

Prepared for:
Mission of Canada to the Association of Southeast Asian Nations

March 2022

CONFIDENTIAL

Disclaimer: This report was produced by the Asian Trade Centre with references from sources believed to be accurate and
reliable at the time of publication. The ATC is not liable for any loss or damage resulting from opinion, errors, inaccuracies, or
omissions affecting any part of the content.
Market Study on Industry 4.0 Trade Obstacles in ASEAN

Table of Contents

List of Abbreviations and Acronyms ................................................................................................................... 2

Executive Summary ............................................................................................................................................... 3

A.         Brief Overview of Market Access Obstacles in Selected ASEAN Countries ......................................... 4

      Table I. Global Rankings by Structure and Drivers of Production of Selected ASEAN Countries in the
      Readiness for the Future of Production Report 2018........................................................................................ 4

B.         Country Reports of Selected ASEAN Countries ....................................................................................... 5

      Table II. “Toolkit” of Industry 4.0 Technologies in Advanced Manufacturing Sector ........................................ 5

   Singapore .............................................................................................................................................................. 6
      Figure I. Overview of the Smart Industry Readiness Index ............................................................................... 6

   Malaysia ................................................................................................................................................................ 7
      Figure II. Overview of Industry4WRD Readiness Assessment Criteria ............................................................ 7

   Indonesia............................................................................................................................................................... 8
      a.        Country-specific Barriers ......................................................................................................................... 8
      b.        Sector-specific Barriers ............................................................................................................................ 9
      c.        Digital Barriers ....................................................................................................................................... 12

   Thailand .............................................................................................................................................................. 15
      a.        Country-specific Barriers ....................................................................................................................... 15
      b.        Sector-specific Barriers .......................................................................................................................... 16
      c.        Digital Barriers ....................................................................................................................................... 17

   Vietnam ............................................................................................................................................................... 20
      a.        Country-specific Barriers ....................................................................................................................... 20
      b.        Sector-specific Barriers .......................................................................................................................... 20
      c.        Digital Barriers ....................................................................................................................................... 23

C.         Market Entry Considerations .................................................................................................................... 25

Conclusion ............................................................................................................................................................ 27

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Market Study on Industry 4.0 Trade Obstacles in ASEAN

List of Abbreviations and Acronyms
ADB            Asian Development Bank
AI             artificial intelligence
AR             augmented reality
APEC           Asia-Pacific Economic Cooperation
ASEAN          Association of Southeast Asian Nations
BSN            Badan Standardisasi National (Indonesia)
CBPR           APEC Cross-Border Privacy Rules System
CPTPP          Comprehensive and Progressive Agreement for Trans-Pacific Partnership
GDP            gross domestic product
EU             European Union
GDPR           General Data Protection Regulation
HS             Harmonized Commodity Description and Coding System/Harmonized System
ICT            information and communications technology
Industry 4.0   Fourth Industrial Revolution/4IR
IoT            Internet of Things
IP             intellectual property
IPR            intellectual property rights
LCRs           local content requirements
MSMEs          micro, small, and medium enterprises
R&D            research and development
STAMEQ         Directorate for Standards, Metrology and Quality (Vietnam)
TISI           Thai Industrial Standards Institute (Thailand)
VAT            value-added tax
VR             virtual reality

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Market Study on Industry 4.0 Trade Obstacles in ASEAN

Executive Summary
In recent years, Southeast Asia has seen itself as a key player in global production networks. Elevated supply chain pressures
driven by trade tensions between major economies and the ongoing COVID-19 pandemic have led firms to look for alternate
markets to minimize risk and build resilience. These shifts also highlight another trend in the use of digital solutions and other
disruptive technologies in manufacturing activities, opening opportunities for foreign suppliers like those in Canada to bring
their goods to the region. While this may be the case and the markets are ripe for greater trade and investments for advanced
manufacturing processes, the region has yet to fully unlock this untapped potential towards industrial transformation mainly
due to high market entry barriers that remain in place for most of these countries.

The purpose of this short study is to assess these trade barriers that could act as potential constraints to the adoption of
Industry 4.0 technologies in the advanced manufacturing sectors of select economies of the Association of Southeast Asian
Nations (ASEAN). This report aims to help Canadian firms better understand the potential regulatory challenges when entering
the region as well as offer insights to Canadian policymakers and trade officials on trade obstacles, particularly barriers to
digital trade across sectors of interest to identify areas for cooperation to improve market access for Canadian companies.

Part A provides a general overview of market access barriers in key ASEAN countries. Overall, this study finds that while all
ASEAN member states have policy blueprints to drive the industrial transformation towards Industry 4.0, regulatory
impediments continue to exist such as local content requirements, import restrictions, cross-border data flow restrictions, and
data localization rules, among others. This is mainly because of the varying levels of development among members of the
bloc and that such Industry 4.0 masterplans are still at the early stages of implementation.

Part B delves deeper into a country-by-country stock take of these obstacles. The country reports are divided into two main
groups. The first set of country reports features Singapore and Malaysia and provide a brief overview of their state of readiness
to leverage Industry 4.0 as both countries are generally understood to have relatively low trade barriers. On the other hand,
the second set in Indonesia, Thailand, and Vietnam takes a more substantive assessment of these countries’ current state of
readiness and adoption of Industry 4.0 in their manufacturing activities. For the latter part, trade barriers are distinguished
specific to the country, sectors of interest, and those that could impact digital trade.

The report concludes with Part C offering some best practices on market entry considerations following suggestions made
from stakeholders consulted for this report. For businesses, these include utilizing preferential trade arrangements of Canada
and those in ASEAN, making good use of government resources on trade promotion services present both in Canada and the
region, and adopting a more flexible way of doing business in a region known for its dynamism and diversity. There is also
scope for increased cooperation and a greater role for policymakers to engage in both policy advocacy and market awareness-
raising initiatives to facilitate ease of trade and address some of these underlying concerns faced by Canadian businesses.

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A. Brief Overview of Market Access Obstacles in Selected ASEAN Countries
Manufacturing has significantly shaped the economic growth trajectory of Southeast Asia in recent decades. As a whole, the
Association of Southeast Asian Nations (ASEAN) accounts for 5 percent of global manufacturing activity with 60 percent of
which concentrated in five sectors namely food and beverage, chemicals, electronics, automotive, and rubber and plastic
products.1 Some estimates also suggest the regional bloc’s manufacturing potential has around USD250 billion to USD275
billion in incremental value at stake by 2028 by embracing the Fourth Industrial Revolution or Industry 4.0 technologies.

However, the level of Industry 4.0 technology adoption and readiness varies across member-states. Developed countries, like
Singapore, are at more advanced stages of applying advanced manufacturing technologies while newly industrialized
countries, including Indonesia and Vietnam, are at nascent stages of applications. 2 The table below (Table I) shows the
rankings of ASEAN markets selected for this study in the 2018 Readiness for the Future of Production Report. This report
from the World Economic Forum profiled 100 countries across key indicators that determine their level of readiness for
advanced manufacturing activities.

     Table I. Global Rankings by Structure and Drivers of Production of Selected ASEAN Countries in the
                             Readiness for the Future of Production Report 2018 3
                                   Structure of Production                                     Drivers of Production

                                                                                                         & Investment
                                                                                                         Global Trade

                                                                                                                                                      Environment
                                                                                & Innovation

                                                                                                                                        Sustainable
                                                                                Technology

                                                                                                                        Institutional
                                                                                                                        Framework
                                                Complexity

                                                                                                                                        Resources
                                    Ranking

                                                                      Ranking

                                                                                                                                                       Demand
                                    Overall

                                                                      Overall

                                                                                               Human
                                                                                               Capital
                                                              Scale

             Country

           Indonesia                38th       73rd           6th     59th      61st           55th      61st           69th            94th          15th
            Malaysia                20th       30th           7th     22nd      23rd           21st       7th           30th            60th          17th
           Singapore                11th       11th          22nd      2nd       6th           2nd        1st            1st            56th          14th
            Thailand                12th       33rd           3rd     35th      41st           53rd      20th           51st            49th          28th
            Vietnam                 48th       72nd          17th     53rd      90th           70th      13th           53rd            87th          39th

Economies at advanced stages of applications namely Singapore and Malaysia provide a range of incentives and policy
support to encourage the adoption of Industry 4.0 technologies in their manufacturing sector. Correspondingly, these countries
exhibit few technical barriers to entry in technology adoption.

Conversely, those at the early or mid-stages of development still face significant barriers in leveraging their potential to scale
up their advanced manufacturing industries. These include low intensity in research and development (R&D) and other
innovation-driven initiatives, lack of highly and technically skilled workforce, perception of domestic stakeholders towards
Industry 4.0 adoption, financing gaps particularly for micro, small, and medium enterprises (MSMEs), and the current
infrastructure gap, among others. Across the region, varying levels of political stability also influence investment and the pace
of economic development.

Domestic policy considerations also play a role as countries in the region still adopt varying levels of restrictions such as local
content requirements (LCRs), cross-border data transfer restrictions, data localization rules, and a host of other trade barriers
that adversely limit the pace of adoption of advanced technologies as well as overall productivity.

The following sections provide a closer look at these different trade barriers across key ASEAN economies to help
policymakers, trade officials, and businesses from Canada gain a better understanding of the current regulatory environment
as well as market access challenges when entering these countries.

1
    https://www3.weforum.org/docs/FOP_Readiness_Report_2018.pdf
2
    https://www.kearney.com/documents/20152/1849225/Accelerating+4IR+in+ASEAN.pdf/c1fd001b-a5cb-4a96-c73b-e666c0b88692
3
    https://www3.weforum.org/docs/FOP_Readiness_Report_2018.pdf

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B. Country Reports of Selected ASEAN Countries
The country reports are divided into two main groups: the first group includes Singapore and Malaysia while the second half
comprises Indonesia, Thailand, and Vietnam. The reports for the first two countries provide a general overview of their state
of readiness to leverage Industry 4.0 as both countries are well understood to have relatively low barriers in enabling digital
transformation in their respective manufacturing sectors.

On the other hand, the reports for Indonesia, Thailand, and Vietnam takes a more substantive assessment of their current
regulatory landscapes in embracing Industry 4.0 for the identified manufacturing verticals per market. For this part, trade
barriers are classified into three categories:

    •    Country-specific barriers. The report starts with a short description of the current manufacturing dynamics of the
         country including relevant policy plans the government has implemented. It then identifies general barriers that affect
         the use of Industry 4.0 technologies across all sectors such as R&D gaps, capacity constraints, and lack of access
         to finance, to name a few.

    •    Sector-specific barriers. This section covers regulations that could affect the use, adoption, and importation of
         foreign goods and services with potential Industry 4.0 applications into the country. For illustrative purposes, this part
         also identifies Industry 4.0 technologies based on the “toolkit” below that could be affected due to such regulations
         or conditions in place.

    •    Digital trade barriers: The last part highlights specific laws and regulations that could adversely affect the
         development of digital trade in the country such as technology transfer requirements, digital services tax, cross-border
         data flow restrictions, and data localization rules, among other barriers, including their potential implications.

For the purpose of this study, the sector-specific barriers section of the country reports identifies Industry 4.0 technologies
likely to be affected by existing laws and regulations. The “toolkit” below is a summary of these trends to provide businesses
with a reference point when reading this report. The selection of such technologies was done following consultations with the
Mission of Canada to the Association of Southeast Asian Nations in identifying areas most relevant for Canadian businesses.

             Table II. “Toolkit” of Industry 4.0 Technologies in Advanced Manufacturing Sector
 Advanced manufacturing         Description
 technologies
        Additive                Manufacturing technology that creates three-dimensional solid objects from a computer
        manufacturing           design file using a series of additive or layered development frameworks (e.g. 3D printing)
        Artificial              Technology which allows machines to perform tasks as well as demonstrate the ability to
        intelligence (AI)       learn and think similar to human intelligence (e.g. chatbot)
        Augmented or            Virtual reality is the technology that provides almost real and/or believable experiences
        virtual reality         synthetically or virtually, while augmented reality enhances the real world by superimposing
        (AR/VR)                 computer-generated information on top of it (e.g. metaverse, VR gaming)
        Automation              Any technology that substitutes human labor, especially those that are predictable and
                                routine to increase quality and quantity of output at a reduced cost (e.g. driverless cars)
          Big data              Use of advanced analytic techniques to examine large and diverse data sets to uncover
          analytics             patterns, correlations, and relevant insights (e.g. predictive analytics)
          Internet of           Network of equipment and devices connected to the internet which allows the gathering
          Things (IoT)          and analyzing of data (“speak with each other”) to achieve a particular task (e.g. smart city
                                management)
          Robotics              A form of automation that involves the design, construction, and use of machines to
                                perform, usually repetitive, tasks done traditionally by human beings. (e.g. industrial robots)
          Virtual modeling      Creation of virtual representation of physical objects (e.g. digital twins)

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Singapore
Singapore is the frontrunner among its regional neighbors on the level of readiness for advanced manufacturing activities due
to its general openness to business, high-quality talent pool, regulatory certainty, developed infrastructure systems, and strong
government support towards innovation, among other factors. At the same time, manufacturing-specific initiatives in the
country have a track record of focusing on capacity development, immersive overseas business missions, and smart readiness
index.4 As a consequence, Singapore does not have that many trade barriers for manufacturers doing business in the country.

Driving these relatively favorable conditions are comprehensive strategies in place that focus on capability development,
industry transformation, and reskilling the workforce. For instance, the government, with inputs from stakeholders, developed
the Singapore Smart Industry Readiness Index, the first of its kind globally, which profiles 12 industries against a variety of
indicators to allow manufacturers to self-assess their level of Industry 4.0 preparedness and transformation (Figure I).

                               Figure I. Overview of the Smart Industry Readiness Index 5

Furthermore, the city-state’s manufacturing capabilities have evolved considerably with competencies today in high-value
areas of manufacturing such as R&D and product design. As such, it remains one of the leading exporters of high-tech products
across different benchmarks with a relatively mature ecosystem of key industries such as aerospace, pharmaceuticals and
medical technology, petrochemicals, and transportation. Some of the world’s largest semiconductor companies have
fabrication plants in the country which also helped the growth of sub-suppliers across Singapore.6 Moving forward, state
planners committed to injecting SGD3.2 billion in R&D in advanced manufacturing and engineering to scale up the innovation
capacity of companies pursuing Industry 4.0 applications. 7

Singapore also has a dedicated body, the Future Economy Council, which develops Industry 4.0 industry transformation maps
that provide information on technology impacts, career pathways, the skills required for different occupations, and reskilling
options for different sectors.8 Private enterprises also benefit from a generous state program that incentivizes firms to
undertake skills development initiatives. Singapore provides subsidies to firms for employee training course fees and absentee
payroll salary costs with higher incentives awarded for courses that are certified by the government. 9 Massive investments in
the education system have also been an advantage for manufacturers. Almost all of Singapore’s higher educational institutions
have their own Industry 4.0 programs providing a venue for strong industry-academe collaboration.10

4
  https://www.kearney.com/documents/20152/1849225/Accelerating+4IR+in+ASEAN.pdf/c1fd001b-a5cb-4a96-c73b-e666c0b88692
5
  https://www.edb.gov.sg/en/about-edb/media-releases-publications/advanced-manufacturing-release.html
6
  https://www.business-sweden.com/globalassets/insights/reports/trade/southeast-asias-big-shift.pdf
7
  https://www.edb.gov.sg/en/business-insights/insights/singapore-a-leading-manufacturing-hub.html
8
  https://www.mti.gov.sg/ITMs/Overview
9
  https://www.adb.org/sites/default/files/publication/671711/industry-skills-development-southeast-asia.pdf
10
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.

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The standardization process has also been kept largely in line with emerging technologies and best practices on international
standards for such applications. Enterprise Singapore, the national standards body, and the industry-led Singapore Standards
Council have developed and reviewed over 168 standards and technical references in 2019. Around 91 of these standards
were new, with close to 70 percent focused on emerging areas most of which were in smart manufacturing to support Industry
4.0 adoption. For example, the Infocomm Media Development Authority sets out minimum technical requirements for IoT
devices that use low power wide area network technologies. Another one is a 2016 technical reference framework on design
principles, general architectural requirements, IoT reference model, and IoT reference architecture developed to operationalize
the Smart Nation Singapore initiative.11 A government-industry-supported website was also launched providing a single
reference point on key standards, use cases, and training courses to support businesses adopting Industry 4.0 solutions. 12

It is important to keep in mind that while Singapore has low levels of trade barriers for advanced manufacturing activities,
businesses should closely monitor regulatory and industry developments that could affect their operations. For instance, the
growing number of standards, including those with Industry 4.0 applications, are being increasingly developed by non-
traditional standard-setting bodies (i.e. not intergovernmental) potentially increasing the adjustment costs for foreign firms to
follow different technical regulations and best practices depending on the country which they manufacture or export their
products. Foreign enterprises should also be mindful of provisions under the Protection from Online Falsehoods and
Manipulation Act which regulate the spread of online false information due to its potential extraterritorial repercussions.

Malaysia
Malaysia is well-positioned towards embracing digital transformation in its large manufacturing sector. With a well-educated
talent pool and relatively superior infrastructure than its neighbors (except Singapore) among its key attributes, Kuala Lumpur
is often seen by observers as second to Singapore in its level of readiness to overcome challenges that could hinder its broader
ambitions to level up its manufacturing competitiveness. The country is a major hub for high-technology exports with most of
the large manufacturing firms, particularly electrical components, situated in the Penang region.13

The government introduced the National Policy on Industry 4.0, more commonly referred to as Industry4WRD, as its national
blueprint to leverage Industry 4.0 to modernize its manufacturing sector and position the country as a strategic partner and
primary destination for advanced technology solutions and investments. Under the master plan, Malaysia will prioritize the
development of manufacturing activities in the aerospace, chemicals, electrical and electronics, machinery and equipment,
and medical devices verticals. It has also taken its cue from neighboring Singapore in developing a readiness criteria model
to guide manufacturers to gauge their level of preparedness (Figure II).

                         Figure II. Overview of Industry4WRD Readiness Assessment Criteria 14

11
   https://www.dfat.gov.au/sites/default/files/australia-singapore-digital-trade-standards-research-report.pdf
12
   http://standardsi40.sg/
13
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
14
   https://www.miti.gov.my/miti/resources/National%20Policy%20on%20Industry%204.0/Industry4WRD_Booklet.pdf

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While Malaysia has the key ingredients to transform its industrial base and shift to higher value-added activities in the long
run, the country still experiences its obstacles in fully embracing Industry 4.0 in its manufacturing sector. Some of the perceived
challenges include regulatory and administrative burden, shortage of highly skilled workforce, and limited access to finance
especially for MSMEs. 15 For instance, a 2018 World Bank report points out that the country’s education system and workforce
training programs are not yet preparing workers with the right skills for the digital economy and that firms experience issues
with access to capital in the early stages of growth.16

One of its key areas of constraint is the domestic human capital where the reskilling and upskilling have failed to keep pace
with the dynamics of digital technology in the country. Malaysia has a skills incentives platform under its “Skills Upgrading
Program” which provides grants to cover training fees for MSMEs for skills development. However, the country still lacks a
detailed Industry 4.0 skills roadmap to streamline its existing initiatives on reskilling and upskilling as well as for proper
coordination with the private sector and other stakeholders.17 Addressing these capacity gaps would enable more efficient and
productive use of Malaysia’s key resources and improve productivity in more innovative activities including advanced
manufacturing.

Indonesia
a. Country-specific Barriers
Indonesia is characterized as being at the nascent stage of developing its advanced manufacturing sector. This is partly due
to the slow adoption of advanced technologies including Industry 4.0 applications such as additive manufacturing, big data
analysis, and the Internet of Things. To capture these opportunities, the country launched the “Making Indonesia 4.0” initiative
in 2018 to improve labor productivity and facilitate the transition of its manufacturing capacity to five priority sectors, namely
food and beverage, automotive, textiles, electronics, and chemicals.18

While Indonesia boasts a large working population and made inroads to further develop its manufacturing prowess, the country
is beset with challenges that could risk its productivity potential and hinder the wider application of advanced technologies in
its domestic manufacturing sector. As highlighted in the first market study, Indonesia has the largest manufacturing sector in
the region owing to its large and low-cost workforce. While this may be the case, it has long been observed that the country’s
manufacturing is predominantly undertaken to meet local demand rather than for exporting purposes. Hence, Jakarta rates
poorly in comparison with its neighbors in terms of the amount and quality of high-technology exports or goods which require
high R&D intensity such as aerospace products, computers, pharmaceuticals, and electric machinery.19

State-led innovation funding is at best described as lacking proper strategy. For instance, while some 80 percent of government
research funding are channeled through different ministries as part of the regular budget allocations, less than half is spent on
actual research, most covering the cost of salaries and operations, scientific and technological services, training, and research
facilities leading to relatively low research output.20

At a macro level, Indonesia continues to enjoy substantial manufacturing investments from overseas sources with the trend
likely to continue partly due to the ongoing shifts of production capacity from China and elsewhere to other markets like those
in ASEAN. In the context of this report, Canadian firms have made substantial investments in the country over the years. In
2019, manufacturing investments from Canada poured into three key markets in the region, namely Vietnam (USD25 billion)
Singapore (USD22 billion, 2018 latest available), and Indonesia (USD10 billion).21

At a more granular level, financing remains a potent challenge for private sector investments, particularly those that will support
the purchase, research, and adoption of advanced manufacturing technologies. A broad range of MSMEs still lacks access to
formal credit. For larger firms, while the government offers incentives to priority sectors for foreign investments, there is
currently no comprehensive incentives menu such as tax exemptions, subsidies, and funding support for Industry 4.0
technology adoption. Furthermore, export financing is limited to domestic enterprises which could explain the stunted growth
of high-technology exports over the years. 22

15
   http://science-gate.com/IJAAS/Articles/2021/2021-8-7/1021833ijaas202107006.pdf
16
   https://www.worldbank.org/en/country/malaysia/publication/malaysias-digital-economy-a-new-driver-of-development
17
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
18
   https://www.kemenperin.go.id/download/19347
19
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
20
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
21
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
22
   https://www.kemenperin.go.id/download/19347

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Indonesia also faces significant headwinds on its capacity development. Industry observers have noted the lack of appreciation
on the part of both the government and private sector on the importance and future role of digital skills. As such, reskilling and
upskilling are failing to keep pace with the dynamics of digital technology in the country resulting in limited talent availability
and persistent gaps between the quality of the country’s education system and the needs of the industry.23 Another capacity
constraint is Indonesia’s current state of infrastructure whereby the lack of significant infrastructure investments in recent years
has resulted in an uneven infrastructure network.24 This problem is compounded with the archipelagic nature of the country
which increases the costs of doing business, particularly in logistic needs and connectivity challenges.

Consultations with industry stakeholders also highlighted the country’s relatively rigid regulatory environment towards foreign
investments. Some key concerns include the mandatory local content requirements across different manufacturing activities,
the overly broad product coverage of halal certification rules, high minimum foreign investment thresholds, and the current
export ban on raw materials. While the government has drawn such measures in a bid to protect the local industry, especially
MSMEs, they are likewise seen as potential impediments to attracting foreign investments. Lack of strong public-private
engagement in the trade policy formulation process also remains a sticking point for the foreign business community.25 As
such, foreign firms, including those from Canada, often put a high amount of paid-up capital as well as compliance costs to
fully enter the Indonesian market. In other cases, they would simply look for alternative markets in the region with a relatively
more favorable and stable regulatory environment.

b. Sector-specific Barriers
This section provides a brief overview of domestic regulatory policies that could act as trade barriers to each identified priority
sector. Industry 4.0 technologies that may likely be affected by such regulations are also included to provide a better illustration.

     Priority sector        Technology that                        Trade barriers and implications to foreign suppliers
                            may be affected

          Additive manufacturing      AI        AR/VR          Automation        Big data analytics      IoT        Robotics   Virtual modeling
     Aerospace              Not applicable          Standards and technical regulations

                                                    As of writing, there are no standards or technical regulations specific to Industry
                                                    4.0 technologies or such applications in the aerospace sector in Indonesia.
                                                    Nevertheless, firms should closely monitor regulatory developments, particularly
                                                    from the national standard-setting authority, Badan Standardisasi Nasional
                                                    (BSN), to mitigate any compliance risks as the government has acknowledged
                                                    the role of Industry 4.0 in its ongoing efforts to introduce reforms in its
                                                    standardization policies.26
                                                    Restrictions in purchase or adoption of capital goods/equipment and/or
                                                    foreign technology

                                                    Local content requirements: Certain product groups manufactured in
                                                    Indonesia are subject to minimum local sourcing requirements. While the
                                                    aerospace sector is not explicitly included, some equipment used in aerospace
                                                    manufacturing are affected such as computing machinery and parts and
                                                    accessories; (ii) parts for TV, radio and telephone equipment; and radar and
                                                    radio apparatus; (iii) other transport equipment and parts; (iv) television and
                                                    radio transmitters; television, video and digital cameras; telephone sets, and; (v)
                                                    internet telecommunications services.27 To mitigate any compliance risks arising
                                                    from LCRs, foreign companies could require their local content partners to
                                                    undertake appropriate integrity diligence and contractual obligations, among
                                                    other strategies, to ensure goods meet the minimum local content thresholds. It
                                                    is important to note that such measures could increase compliance costs for
                                                    both firms and ultimately result in higher prices of goods.

23
   https://www.adb.org/sites/default/files/publication/671876/benefits-industry-skills-development-indonesia.pdf
24
   https://www.adb.org/sites/default/files/publication/575806/innovate-indonesia-unlocking-growth.pdf
25
   Consultations by project implementers with industry stakeholders
26
   https://www.iso.org/files/live/sites/isoorg/files/news/Events/docs/NSS_Indonesia.pdf
27
   https://www.oecd-ilibrary.org/finance-and-investment/oecd-investment-policy-reviews-indonesia-2020_b56512da-en

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      Priority sector        Technology that                       Trade barriers and implications to foreign suppliers
                             may be affected

           Additive manufacturing     AI        AR/VR          Automation        Big data analytics      IoT        Robotics   Virtual modeling
                                                    Restrictions on used capital goods: Manufacturers in Indonesia are allowed
                                                    to import second-hand capital goods to be used in electronics, machinery, and
                                                    transport industries. Given the limited coverage of product groups, foreign firms
                                                    providing used technology as a capital good should review if their equipment is
                                                    eligible as it is worth noting that HS Code 88 on “Aircraft, spacecraft, and parts
                                                    thereof” is not included in the current list of covered product groups.28
     Extractives             Not applicable         Standards and technical regulations

                                                    As of writing, there are no standards or technical regulations specific to Industry
                                                    4.0 technologies or such applications in the extractives sector in Indonesia.
                                                    Nevertheless, firms should closely monitor regulatory developments, particularly
                                                    from the national standard-setting authority BSN to mitigate any compliance
                                                    risks as the government has acknowledged the role of Industry 4.0 in its ongoing
                                                    efforts to introduce reforms in its standardization policies.29
                                                    Restrictions in purchase or adoption of capital goods/equipment and/or
                                                    foreign technology

                                                    Data localization requirements: Data collection in certain economic activities
                                                    may be subject to Indonesia’s data localization requirements. For instance,
                                                    those involved in energy and mineral resources are required to have physical
                                                    electronic systems inside the country. See Digital Barriers for more details.

                                                    Local content requirements: Certain product groups manufactured in
                                                    Indonesia including machinery for mining, quarrying, and construction, and parts
                                                    thereof are subject to minimum local sourcing requirements.30 To mitigate any
                                                    compliance risks arising from LCRs, foreign companies could require their local
                                                    content partners to undertake appropriate integrity diligence and contractual
                                                    obligations, among other strategies, to ensure goods meet the minimum local
                                                    content thresholds. It is important to note that such measures could increase
                                                    compliance costs for both firms and ultimately result in higher prices of goods.

                                                    Restrictions on imported goods: Mining companies in Indonesia can only
                                                    directly import foreign equipment and raw materials if local goods are
                                                    unavailable and if such foreign goods being locally sold in Indonesia are deemed
                                                    substandard and low in supply. Together with the LCRs, this requirement could
                                                    adversely affect the continuous supply of advanced manufacturing equipment
                                                    not easily available in the domestic market but necessary for advancing Industry
                                                    4.0 applications in the sector.31

                                                    Restrictions on used capital goods: Manufacturers in Indonesia are allowed
                                                    to import second-hand capital goods to be used in electronics, machinery, and
                                                    transport industries. Given the limited coverage of product groups, foreign firms
                                                    providing used technology as a capital good should review if their equipment is
                                                    eligible since certain mining equipment and machinery are included.32
     General                 Not applicable         Standards and technical regulations
     manufacturing
                                                    As of writing, there are no standards or technical regulations specific to Industry
                                                    4.0 technologies or such applications in the manufacturing sector in Indonesia.
                                                    Nevertheless, firms should closely monitor regulatory developments, particularly
                                                    from the national standard-setting authority BSN to mitigate any compliance

28
   http://www.apbi-icma.org/uploads/files/KUMPULAN%20FOTO/HBA/Translated_Permendag_118_Th._2018.pdf
29
   https://www.iso.org/files/live/sites/isoorg/files/news/Events/docs/NSS_Indonesia.pdf
30
   https://www.oecd-ilibrary.org/finance-and-investment/oecd-investment-policy-reviews-indonesia-2020_b56512da-en
31
   http://www.apbi-icma.org/uploads/files/old/2018/06/PERMEN-ESDM-25-Tahun-2018-English-Version-.pdf
32
   http://www.apbi-icma.org/uploads/files/KUMPULAN%20FOTO/HBA/Translated_Permendag_118_Th._2018.pdf

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     Priority sector        Technology that                         Trade barriers and implications to foreign suppliers
                            may be affected

          Additive manufacturing      AI         AR/VR         Automation         Big data analytics      IoT         Robotics        Virtual modeling
                                                    risks as the government has acknowledged the role of Industry 4.0 in its ongoing
                                                    efforts to introduce reforms in its standardization policies.33
                                                    Restrictions in purchase or adoption of capital goods/equipment and/or
                                                    foreign technology

                                                    Local content requirements: Certain product groups manufactured in
                                                    Indonesia are subject to minimum local sourcing requirements, in some cases
                                                    as a condition for manufacturers to avail government support. For example,
                                                    manufacturers of electric vehicles are eligible to access fiscal and non-fiscal
                                                    incentives if they meet the LCR of at least 35 percent for vehicles with four or
                                                    more wheels and at least 40 percent for two- or three-wheelers. In
                                                    pharmaceutical and medical equipment, contents used during R&D stage should
                                                    be at least 25 percent sourced locally and at the production process shall be at
                                                    least 35 percent. Another separate regulation also requires 4G
                                                    telecommunication devices to fulfill a 30 percent LCR but also offers reduction of
                                                    sourcing requirements depending on the size of foreign investment. In the case
                                                    of investments worth at least USD77 million, the LCR would be scrapped.34 To
                                                    mitigate any compliance risks arising from LCRs, foreign companies could
                                                    require their local content partners to undertake appropriate integrity diligence
                                                    and contractual obligations, among other strategies, to ensure goods meet the
                                                    minimum local content thresholds. It is important to note that such measures
                                                    could increase compliance costs for both firms and ultimately result in higher
                                                    prices of goods.

                                                    Import licensing requirements: Indonesia maintains non-automatic import
                                                    licensing requirements on a broad range of products including electronics which
                                                    may be critical in aiding Industry 4.0 technologies. This means importers must
                                                    meet additional criteria to be able to bring goods such as cell phones, handheld
                                                    computers, and tablets inside the country to the point that most firms may find
                                                    the process burdensome. For example, importers of such electronic devices
                                                    must have at least three distributors to qualify for an importer license since they
                                                    are not permitted to sell the same goods directly to retailers or consumers. Other
                                                    regulations also require 4G device importers to provide evidence of contributions
                                                    to the development of the domestic device industry or cooperation with domestic
                                                    manufacturing, design, or research firms. Exporters of information and
                                                    communication technology (ICT) goods should work closely with their
                                                    counterparts in Indonesia on developing a compliance strategy to meet such
                                                    requirements and avoid incurring penalties.35

                                                    Restrictions on manufactured goods: Only a handful of industries are allowed
                                                    to import manufactured goods in the form of complementary goods, goods for
                                                    the purpose of market testing, and goods for after-sales service. They include
                                                    those in the (i) maritime, transportation equipment, and defense equipment
                                                    industry; (ii) electronics and telematics industry, and; (iii) textile, leather, and
                                                    footwear industry, among others. Foreign suppliers should review whether their
                                                    target industry allows them to import such materials.36

                                                    Restrictions on used capital goods: Manufacturers in Indonesia are allowed
                                                    to import second-hand capital goods to be used in electronics, machinery, and
                                                    transport industries. Given the limited coverage of product groups, foreign firms

33
   https://www.iso.org/files/live/sites/isoorg/files/news/Events/docs/NSS_Indonesia.pdf
34
   https://www.oecd-ilibrary.org/finance-and-investment/oecd-investment-policy-reviews-indonesia-2020_b56512da-en
35
   https://www.privacyshield.gov/article?id=Indonesia-Prohibited-Restricted-Imports
36
   https://www.globalcompliancenews.com/2021/08/18/indonesia-minister-of-trade-imposes-more-restrictions-on-the-import-of-finished-products-by-
manufacturers-is-it-time-to-restructure-02082021-2/

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      Priority sector        Technology that                         Trade barriers and implications to foreign suppliers
                             may be affected

           Additive manufacturing      AI        AR/VR          Automation         Big data analytics      IoT         Robotics         Virtual modeling
                                                     providing used technology as a capital good should review if their equipment, as
                                                     well as the nature of their local clients or partners, are eligible. It is important to
                                                     note that only direct user companies, reconditioning companies, and
                                                     remanufacturing companies in Indonesia can import second-hand capital
                                                     goods.37

c. Digital Barriers
This part provides a general overview of policies related to digital trade in Indonesia. While not exhaustive, the following
domestic regulatory landscape offers insights on the likely effects of such digital trade barriers to Canadian businesses
providing goods and services related to Industry 4.0.

     Trade barriers                    Description                                                               Potential implications
     Cross-border data flow            In general, organizations are prohibited to transfer                      The current regulatory framework
     restrictions                      personal data outside Indonesia without the consent                       on cross-border data transfer is
                                       of the data subject and permission from the Ministry                      governed by different rules while
     Government Regulation             of Communication and Informatics or an authorized                         the government deliberates on
     No. 71/2019:                      government agency.38                                                      putting in place an overarching
     Implementation of                                                                                           data privacy law.
     Electronic Systems and            Moreover, a proposed data privacy law seeks to allow
     Transactions                      the cross-border transfer of personal data if (i) the                     In its current form, the proposed
                                       receiving destination has adequate data protection                        Personal Data Protection Act is
     Minister of Communication         laws; (ii) if there is a treaty between Indonesia and the                 silent as to whether it will revoke
     and Informatics Regulation        recipient country which allows data transfer; (iii) if                    or amend the current
     No. 20/2016: Personal             there is a data transfer agreement for the transferor to                  requirements and conditions of
     Data Protection in                impose equivalent or higher data protection                               how cross-border data flow should
     Electronic Systems                obligations on the transferee; or (iv) if consent is                      be made under the existing
                                       collected.39                                                              regulations.40 Firms should closely
     Proposed Personal Data                                                                                      monitor this development in order
     Protection Act                                                                                              to align their corporate data
                                                                                                                 privacy rules with government
                                                                                                                 requirements.

                                                                                                                 If the current language of the draft
                                                                                                                 law was approved in the final
                                                                                                                 version, Canada-based firms
                                                                                                                 could transfer data in and out of
                                                                                                                 Indonesia as long as they meet
                                                                                                                 one of the conditions. It is
                                                                                                                 important to note that there is no
                                                                                                                 existing bilateral data transfer
                                                                                                                 agreement between Canada and
                                                                                                                 Indonesia to date. And while there
                                                                                                                 is an existing Asia-Pacific
                                                                                                                 Economic Cooperation (APEC)
                                                                                                                 Cross-Border Privacy Rules
                                                                                                                 (CBPR) System, which could help
                                                                                                                 firms to certify their data privacy
                                                                                                                 and transfer management

37
   http://www.apbi-icma.org/uploads/files/KUMPULAN%20FOTO/HBA/Translated_Permendag_118_Th._2018.pdf
38
   https://sites-herbertsmithfreehills.vuturevx.com/208/26111/compose-email/cross-border-data-transfers--an-indonesian-law-update.asp
39
   https://rouse.com/insights/news/2021/data-privacy-q-a-indonesia
40
   https://sites-herbertsmithfreehills.vuturevx.com/208/26111/compose-email/cross-border-data-transfers--an-indonesian-law-update.asp

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     Trade barriers                      Description                                                         Potential implications
                                                                                                             systems at par with international
                                                                                                             standards, only Canada is a party
                                                                                                             to the CBPR System even though
                                                                                                             both countries are APEC
                                                                                                             members.
     Data localization                   The current policy framework requires certain sectors               Studies have shown the economic
     requirements                        in Indonesia that keep “strategic electronic data” to               costs of data localization
                                         set up physical data storage systems in the country.                measures in key developing
     Government Regulation               These industries which are deemed to hold “strategic                markets including Indonesia. A
     No. 71/2019:                        electronic data” include those in the government,                   recent estimate pointed out the
     Implementation of                   energy and mineral resources, transportation, finance,              cost of data residency
     Electronic Systems and              healthcare, information technology and                              requirements would reduce
     Transactions                        communication, food, defense, and other sectors as                  Indonesia’s GDP by -0.1
                                         may be identified by the president.41                               percent.42

                                         However, it is important to keep in mind that the                   The language of the regulation is
                                         regulation also stipulates those businesses,                        also either vague or broad and
                                         regardless of whether they fall under Indonesia’s data              firms may need to seek
                                         residency rules, should allow government                            clarification with legal experts and
                                         “supervision” including granting access to electronic               the government to prevent
                                         systems and data for monitoring and law enforcement                 incurring penalties. For instance,
                                         purposes.                                                           “strategic electronic data” is not
                                                                                                             clearly defined in the regulation.
     Data privacy and                    To date, Indonesia manages its data privacy through                 It was widely reported that the
     protection laws                     a patchwork of regulations including that governing                 government initially targeted the
                                         public information, financial transactions, and                     enactment of the proposed bill by
     Electronic Information and          healthcare-related data. This is because it has yet to              end-2021 but the ongoing
     Transactions Law No.                pass into law an overarching data privacy regime in                 pandemic could delay such
     19/2016                             the country.43                                                      implementation.

     Law on Health No.                   As a general rule, organizations are required to                    Furthermore, given the absence
     36/2009                             secure the consent of data subjects to process their                of a data protection authority as of
                                         personal data. However, the existing regulations allow              writing, the responsibility to
     Government Regulation               data processing without the consent of data subjects                monitor and regulate data
     No. 71/2019:                        in certain circumstances. In contrast, the proposed                 protection is shared by different
     Implementation of                   law seeks to require the consent of owners to process               agencies depending on the sector
     Electronic Systems and              personal data.                                                      with the Ministry of
     Transactions                                                                                            Communication and Informatics
                                         To date, the Electronic Information and Transactions                as the de facto lead agency. This
     Minister of Communication           Law No. 19/2016 is the main reference point for data                creates confusion among
     and Informatics Regulation          privacy and personal data protection while a proposed               businesses as to which agency to
     No. 20/2016: Personal               law is under deliberation.                                          approach when data privacy
     Data Protection in                                                                                      issues emerge.
     Electronic Systems

     Minister of Health
     Regulation No.
     269/MENKES/PER/III/200
     8

     Proposed Personal Data
     Protection Act
     Digital services tax                Foreign digital providers are required to charge 10                 Foreign digital providers that
                                         percent value-added tax (VAT) on the supply of digital              conduct online trade or

41
     https://www.globalcompliancenews.com/2019/11/07/indonesia-new-regulation-electronic-systems-transactions-20191028/
42
     https://www.brookings.edu/wp-content/uploads/2018/03/digital-economy_meltzer_lovelock_web.pdf
43
     https://rouse.com/insights/news/2021/data-privacy-q-a-indonesia

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     Trade barriers                     Description                                                        Potential implications
     Government Regulation in           goods or services in Indonesia or to Indonesian                    transactions will have to ensure
     Lieu of Law No. 1/2020             customers outside the country. Furthermore, digital                their administrative processes can
                                        providers who meet certain criteria may be appointed               handle the VAT collection,
     Minister of Finance                by tax authorities as a VAT collector who must submit              reporting, and settlement
     Regulation No. 48 of 2020          quarterly electronic reports on the VAT collection.44              requirements. They include any
                                                                                                           foreign firms that supply intangible
                                                                                                           goods or services, e-commerce
                                                                                                           operators, or e-commerce
                                                                                                           players. The scope of foreign
                                                                                                           intangible goods and services
                                                                                                           stretches out to cover almost
                                                                                                           every possible usage that can be
                                                                                                           delivered in a digitalized format
                                                                                                           which could potentially affect firms
                                                                                                           selling Industry 4.0-aiding
                                                                                                           technologies online.45 As such,
                                                                                                           customers should expect price
                                                                                                           increases of around 10 percent or
                                                                                                           higher than current prices for any
                                                                                                           such goods or services sold.

                                                                                                           Subject to administrative
                                                                                                           procedures, Canada-based
                                                                                                           contractors should also review the
                                                                                                           existing tax treaty between
                                                                                                           Canada and Indonesia and see
                                                                                                           how they can claim tax relief.
     Source code disclosure             Service providers developing any software for a                    Policies requiring the disclosure of
                                        government agency are required to submit the source                source codes are often pursued
     Government Regulation              code and documentation of the software concerned                   on national security grounds.
     No. 82/2012: Electronic            either to the government agency itself or a third                  While this may be reasonable,
     Systems and Transactions           party.46                                                           foreign technology providers may
     Operation                                                                                             be wary to bring in their services
                                        On a related note, it is noteworthy to keep in mind that           in the country for fear of
                                        the government introduced a draft regulation in 2015               intellectual property (IP) theft and
                                        seeking to require firms to disclose source code if                cybercrime. This may also
                                        they supply services related to public services as a               potentially impede the security of
                                        condition for market access. However, there has been               proprietary information as well as
                                        no significant development on this issue since then.47             impair the safety and reliability of
                                                                                                           information technology systems.48
     Technology transfer                Indonesia’s patent law has a local manufacturing                   While technology transfer is not a
     requirements                       requirement. Patent holders are obliged to                         precondition for market entry,
                                        manufacture products or use patented processes in                  except for pharmaceuticals, the
     Patent Law No. 13/2016             the country to encourage technology transfer and                   law’s provisions could prevent the
                                        foster domestic innovation. Failure to comply will                 patenting of products that are not
                                        result in the revocation of the patent or the issuance             manufactured in Indonesia.
                                        of a compulsory license that will allow others to
                                        produce or use the patented technology.49                          As for the pharmaceutical sector,
                                                                                                           foreign firms can be barred from
                                        Separate regulations require foreign pharmaceutical                the local market even if they are
                                        companies to manufacture locally or entrust a                      market leaders in globally
                                        company already registered as a manufacturer in                    recognized good manufacturing

44
   https://conventuslaw.com/report/indonesia-digital-services-tax/
45
   https://www.internationaltaxreview.com/article/b1ngz37n2ts6ct/taxing-the-digital-economy-in-indonesia
46
   http://www.cuts-geneva.org/pdf/WTOSSEA2018-Study-Data_Flows_Localisation_Source_Code.pdf
47
   https://www.usitc.gov/publications/332/pub4716.pdf
48
   https://ecipe.org/wp-content/uploads/2018/10/TDS2018-BriefingNote_AI_Trade_Policy.pdf
49
   https://ecipe.org/dte/database/

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     Trade barriers                Description                                                     Potential implications
                                   Indonesia to obtain drug approvals for them. For                and distribution practices and
                                   instance, current rules contain a technology transfer           provide high-quality
                                   requirement and require local manufacturing in                  pharmaceutical products to
                                   Indonesia of all pharmaceutical products that are five          Indonesian patients.
                                   years past patent expiration.50
                                                                                                   The requirement to locally
                                                                                                   manufacture or authorize local
                                                                                                   counterparts to obtain regulatory
                                                                                                   approvals on their behalf could
                                                                                                   also risk providing proprietary
                                                                                                   technology to potential domestic
                                                                                                   competitors.

Thailand
a. Country-specific Barriers
Thailand is a regional industrial powerhouse with a strong automotive manufacturing base that underpins a sizeable part of its
broader manufacturing sector. In comparison with its neighbors, Thailand has made significant policy strides to prepare itself
for digital transformation being one of the first countries in the region to unveil a national strategy focused on responding to
the challenges of the Fourth Industrial Revolution.

Under its “Thailand 4.0” initiative, the Kingdom aims to revamp its current industrial policy towards a more innovation-driven
economic model. The government will also further develop its current industry clusters (i.e. agriculture and biotechnology,
automotive, electronics, food, medical and wellness tourism) and scale up new ones (i.e. aviation and logistics, biofuels and
biochemicals, digital industry, robotics).51

While Thailand has seen rapid progress in this area, capacity constraints persist that could hinder its potential as well as
productivity. In general, a large segment of the country’s manufacturing activities is still involved in the low end of the value
chain.52 In other words, the Kingdom remains an assembler and producer of lower value-added items as compared with other
more relatively industrialized countries which can build and export high-technology goods. For instance, while its automotive
industry is a prime user of robots, digitalization is still nascent elsewhere risking the adoption and diffusion of Industry 4.0
technologies in its wider manufacturing sector. A 2021 government report shows that only 25 percent of factories in Thailand
currently use robotics, automation, and system integration.53

R&D is also an essential pillar of the government’s digital transformation agenda for its large manufacturing base. However,
public spending on R&D remains low accounting for only around 1.1 percent of its GDP. Most of the funds are traditionally
channeled to its key growth sectors and not widely distributed to other industries which may otherwise require significant public
investments for the necessary Industry 4.0 transition.54

Despite increasing wages over the years, the country’s talent pool falls short when it comes to Industry 4.0 readiness adversely
affecting the modernization of its manufacturing sector. As indicated in the first study, the education system lacks resources,
and there is no strong government-led coordination. Consequently, there is a lack of awareness among the workforce, which
in turn results in low domain expertise and insufficient numbers of knowledge workers.55

Furthermore, the quality of transport and logistical infrastructure remains relatively insufficient to fully realize the country’s
potential as a regional hub. 56 It is noteworthy to point out that the government has launched a comprehensive infrastructure
development plan to address the persistent infrastructure gap both in its urban centers and the countryside. 57 More still needs
to be done to address these underlying concerns to ensure Thailand’s competitive edge and fully develop itself as a regional
hub for advanced manufacturing.

50
   https://www2.itif.org/2012-international-tech-transfer-testimony.pdf
51
   https://www.boi.go.th/upload/content/Thailand,%20Taking%20off%20to%20new%20heights%20@%20belgium_5ab4f8113a385.pdf
52
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
53
   https://www.bangkokpost.com/business/2193091/bid-to-boost-tech-among-small-manufacturers
54
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
55
   Intercedent Asia. (February 2021). Industry 4.0 in ASEAN: Opportunity Assessment for Canadian Suppliers.
56
   https://www.stimson.org/2021/thailand-country-profile/
57
   https://www.pwc.com/th/en/deals/assets/pwc-th-infrastructure-market-update-and-outlook.pdf

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