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Addressing Legaland Regulatory Barriersto Quality InfrastructureInvestment in India,Indonesia and the Philippines This work was approved and declassified by the Investment Committee on 03/09/2025. This document, as well as any data and map included herein, are without prejudice to the status of or sovereignty overany territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Photo credits:Cover © adiartana/Getty Images. Corrigenda to OECD publications may be found at: https://www.oecd.org/en/publications/support/corrigenda.html.© OECD 2025 Attribution 4.0 International (CC BY 4.0) This work is made available under the Creative Commons Attribution 4.0 International licence. By using this work, you accept to be bound by the terms of this licence(https://creativecommons.org/licenses/by/4.0/).Attribution– you must cite the work.Translations– you must cite the original work, identify changes to the original and add the following text:In the event of any discrepancy between the original work and thetranslation, only the text of the original work should be considered valid.Adaptations– you must cite the original work and add the following text:This is an adaptation of an original work by the OECD. The opinions expressed and arguments employed inthis adaptation should not be reported as representing the official views of the OECD or of its Member countries.Third-party material– the licence does not apply to third-party material in the work. If using such material, you are responsible for obtaining permission from the third party and forany claims of infringement.You must not use the OECD logo, visual identity or cover image without express permission or suggest the OECD endorses your use of the work.Any dispute arising under this licence shall be settled by arbitration in accordance with the Permanent Court of Arbitration (PCA) Arbitration Rules 2012. The seat of arbitration shallbe Paris (France). The number of arbitrators shall be one. Foreword Guided by the G20 Quality Infrastructure Investment Principles, this report examines the legal andregulatory barriers thatmay limitthe mobilisation of private capital forqualityinfrastructure investment inSoutheastAsiaand what measures India, Indonesia and the Philippines are taking to address them. Bydrawing on international best practicesand extensive consultations with governments, financial institutions,and private investors, the analysis highlights both the challenges and opportunities facing policymakers.The findings reinforce that attracting long-term,sustainable financing depends not only on the scale ofinvestment pipelines, but also on the quality of the frameworks that underpin them. This paper was prepared by the OECD’s Directorate for Financial and Enterprise Affairs (DAF), under theleadership of Director Carmine Di Noia. It was produced in the Investment Division (INV) under the directionof Ana Novik, Head of Division. The paper was written by Mamiko Yokoi-Arai and Maria Teresa Roca DeTogores with inputs from Duncan Cooper. Thisreport would not have been possible without the participation of officials within the nationalgovernments of India, Indonesia and the Philippines. This report was financially supported by the Japanese government. Table of contents 3 Foreword Executive Summary 1 IntroductionReferences 13 2 Landscape of infrastructure investment in South and Southeast Asia 15 2.1. Private investment appetite in the region162.2 Role of Multilateral Development Banks (MDBs) in the region172.2. ESG Considerations from private investors18References20 3 Indonesia 3.1 Institutional landscape and regulatory framework for infrastructure development243.2. Addressing challenges for private infrastructure investment in Indonesia293.3. ESG Considerations38References41Annex 3.A. Indonesia44 4 India 4.1. Institutional landscape and regulatory framework for infrastructure development504.2. Addressing challenges for private infrastructure investment in India554.3. ESG Considerations60References62Annex 4.A. India:Regulation of Infrastructure Investment67Notes68 5 The Philippines 5.1. Institutional landscape and regulatory frameworks for infrastructure development715.2. Addressing challenges for private infrastructure investment in the Philippines755.3. ESG Considerations82References83Annex 5.A. The Philippines: Regulation of Infrastructure Investment87Notes88 FIGURES Figure1.1. The six G20 Principles10Figure3.1. Indonesian institutional landscape for infrastructure project preparation and implementation24Figure3.2. Installed power capacity by fuel type and island in Indonesia, 201935Figure5.1. Distribution of projects by status of development within the IFP, September 202481 Annex Figure3.A.1. Celebes Railway Indonesia (CRI) ownershipstructure47Annex Figure3.A.2. Pare-Pare Railway Project47 TABLES Table2.1. Taxonomy of instruments and vehicles for infrastructure financing17Table2.