DECREE OF THE MINISTER OF TRADE
NO.155/KP/VII/95

ON
GOODS SUBJECT TO IMPORT TRADE REGULATIONS

THE MINISTER OF TRADE,

Considering :

• a. that with the issuance of Government Regulation No.19/1994 on the management of hazardous and toxic waste (Statute Book of 1994 No.26, Supplement to Statute Book No.3551) as already amended by Government Regulation No.12/1995 (Statute Book of 1995 No.29), it is necessary to adjust provisions on goods subject to import trade regulations so that they cover waste whose import is allowed and banned;
• b. that in connection with the above matter and with a view to ensuring smooth procurement of goods and business certainty as well as providing proper protection for domestic companies/industries, it is deemed necessary to improve the provisions on goods subject to import trade regulations.

In view of:

• 1. The Customs Ordinance of 1931 (Statute Book of 1931 No.471) as already several times amended;
• 2. Law No.7/1994 on ratification of the Agreement Establishing the World Trade Organisation (Statute Book of 1994 No.57, Supplement to Statute Book No.3564);
• 3. Government Regulation No.36/1977 on the termination of foreign business activities in trade (Statute Book of 1977 No.60, Supplement to Statute Book No.3113) as already amended by Government Regulation No. 19/1988 (Statute Book of 1988 No.39, Supplement to Statute Book No.3380);
• 4. Government Regulation No.1/1982 on the realisation of exports, imports and the flow of foreign exchange (Statute Book of 1982 No. 1, Supplement to Statute Book No.3210) as already amended by Government Regulation No.24/1985 (Statute Book of 1985 No.33, Supplement to Statute Book No.3291);
• 5. Government Regulation No.19/1994 on the management of hazardous and toxic waste (Statute Book od 1994 No.26, Supplement to Statute Book No.3551) as already amended by Government Regulation No.12/1995 (Statute Book of 1995 No.29);
• 6. Presidential Decree No.260/1967 on the definition of the task and responsibility of the Minister of Trade in the field of foreign trade;
• 7. Presidential Decree No.15/1984 on the organisational structures of ministries, as already several times amended the latest by Presidential Decree No.2/1995;
• 8. Presidential Decree No.5/1988 on the procurement of explosives, as already amended by Presidential Decree No.86/1994;
• 9. Presidential Decree No.18/1988 on lubricant supply and service as well as the handling of used lubricants;
• 10. Presidential Decree No.61/1993 on ratification of the Basel Convention of the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
• 11. Presidential Decree No.96/M/1993 on the establishment of the Sixth Development Cabinet;
• 12. Presidential Decree No.103/1993 on the Board of Logistic Affairs;
• 13. Presidential Decree No.77/1994 on the Agency for the Control of Impacts on the Environment;
• 14. The Decree of the Minister of Trade and Cooperatives No.28/Kp/I/82 on general provisions in the import sector;
• 15. The Decree of the Minister of Trade No.1460/Kp/XII/84 on the importer's identification number (API);
• 16. The Decree of the Minister of Trade No.91/Kp/IV/92 on the trading of domestic cloves;
• 17. The Decree of the Minister of Trade No.326/Kp/XI/93 on the import of motor vehicles in CBU condition based on Government Regulation No. 19/1955 and Government Regulation No.8/1957;
• 18. The Decree of the Minister of Trade No.127/Kp/VI/94 on the entry and release of goods into and from export oriented production entrepots (EPTE);
• 19. The Decree of the Minister of Trade No.128/Kp/VI/94 on the entry and release of goods into and from bonded zones;
• 20. The Decree of the Minister of Industry No.428/M/SK/12/1987 on the simplification of provisions concerning the approval and reduction of approval of sole agents of motor vehicles and heavy equipment as well as sole agents of electronic equipment and household electric appliances;
• 21. The Decree of the Minister of Industry No.84/M/SK/8/1990 on the compulsory application of Indonesian Industrial Standards to motor vehicle identification numbers (SII.1820-88);
• 22. The Decree of the Minister of Finance No.288/KMK.01/1994 on the improvement of classification of and the change of import duty rates on certain heavy duty equipment;
• 23. The Decree of the Minister of Finance No.526/KMK.01/1994 on the improvement of classification of and the change of import duty rates on certain goods;
• 24. The Decree of the Minister of Finance No.220/KMK.01/1995 on the import of samples;
• 25. The Decree of the Minister of Trade No.90/Kp/V/95 on the domestic marketing of products of goods or components manufacturing companies in bonded zones and goods or components manufacturing companies with the status of export oriented production entrepots.

DECIDES:

To revoke :

The Decree of the Minister of Trade No.89/Kp/V/95 dated May 23, 1995 on goods subject to import trade regulations.

To stipulate :

THE DECREE OF THE MINISTER OF TRADE CONCERNING GOODS SUBJECT TO IMPORT TRADE REGULATIONS.

Article 1

Hereinafter referred to as :

• a. IU (general importers) shall be companies holding general importer's identification numbers (API-U) to import goods other than waste not subject to import trade regulations into the territory of Indonesia.
• b. IU (general importers) of waste shall be general importers approved by the Minister of Trade to import waste.
• c. IP (producer importers) shall be producers approved to import goods other than waste they need solely for their own production process.
• d. IP (producer importers) of waste shall be producer importers approved by the Minister of Trade to import waste they need solely for their own production process.
• e. IT (approved importers) shall be importers holding general importer's identification numbers (API-U) assigned special tasks to import certain commodities according to government direction.
• f. AT (sole agents) shall be companies holding letters of approval of sole agents pursuant to the Decree of the Minister of Industry No.428/M/SK/12/1987 on the simplification of provisions concerning the approval and reduction of approval of sole agents of motor vehicles and heavy duty equipment as well as sole agents of electronic equipment and household electric appliances, along with its amendments.
• g. IT/AT shall be approved importers/sole agents as determined by the Minister of Trade with the recommendations of the Minister of Industry.
• h. DAHANA shall be Dahana public corporation based on Presidential Decree No.86/1994, which is assigned to procure and distribute military explosives and industrial (commercial) explosives and/or their components in the entire territory of Indonesia.
• i. MNK (Multi Nitrotama Kimia) shall be the limited liability company which pursuant to Presidential Decree No.86/1994 is assigned to procure and distribute industrial (commercial) explosives and/or their components in the entire territory of Indonesia.
• j. PERTAMINA shall be the state oil and gas mining corporation, which pursuant to Presidential Decree No.18/1988 is assigned to make available and serve the domestic need for petroleum based lubricants.
• k. BULOG shall be the board which pursuant to Presidential Decree No.103/1993 is assigned the task of maintaining the stability of prices of several basic necessities.
• l. BPPC (Clove Bufferstock and Marketing Agency) shall be the agency/institute which according to the Decree of the Minister of Trade No.91/Kp/IV/92 is assigned to implement the system of trading of domestically produced cloves,
• m. BAPEDAL (Agency for the Control of Impacts on the Environment) shall be the institute which based on Presidential Decree No.77/1994 has the basic task of controlling impacts on the environment, covering the prevention and restriction of environmental pollution and damage, as well as the rehabilitation of environmental quality pursuant to the laws in force.

Article 2

(1) The companies appointed as approved importers (IT) for foods and beverages shall be :

• a. PT (Persero) Rajawali Nusantara Indonesia;
• b. PT (Persero) Tjipta Niaga.

(2) The quantities and types of foods and beverages that can be imported by the IT as meant in paragraph (1) of this article shall be stipulated by the Minister of Trade.

Article 3

(1) The companies appointed as IT for:

• a. Basic materials of milk for non-milk industries/factories shall be PT (Persero) Pantja Niaga;
• b. Basic materials of milk for milk processing industries shall be :
• 1. PT Food Specialities Indonesia;
• 2. PT Indomilk;
• 3. PT Friesche Vlag Indonesia;
• 4. PT Foremost Indonesia;
• 5. PT Ultra Jaya;
• 6. PT Dafa;
• 7. PT Sari Husada;
• 8. PT Mirota;
• 9. PT Nutricia Indonesia;
• 10. PT Sugizindo.
• c. Finished milk products shall be :
• 1. PT (Persero) Pantja Niaga;
• 2. PT (Persero) Kerta Niaga.

(2) Any import realised by the IT as meant in paragraph (1) points a, b and c of this article shall obtain prior approval from the Director General of Foreign Trade, Ministry of Trade.

(3) Applications for the import of milk basic materials as meant in paragraph (1) points a and b of this article shall attach documents as evidence of absorption of domestic fresh milk according to the effective ratio.

(4) The finished milk products that can be imported as meant in paragraph (1) point c of this article shall be those whose trade marks and types are registered at the Ministry of Health.

Article 4

The companies appointed as IT for ammonium nitrate shall be PT (Persero) Dahana and PT Multi Nitrotama Kimia.

Article 5

(1) The companies appointed as IT for certain other goods shall be :

• a. PT (Persero) Dharma Niaga;
• b. PT (Persero) Kerta Niaga;
• c. PT (Persero) Mega Eltra;
• d. PT (Persero) Pantja Niaga;
• e. PT (Persero) Sarinah;
• f. PT (Persero) Tjipta Niaga.

(2) Any import realised by the IT as meant in paragraph (1) of this article shall obtain prior approval from the Director General of Foreign Trade, Ministry of Trade.

Article 6

(1) Motor vehicles in completely built up (CBU) condition to be imported shall be subject to the application of SNI No.1411-89-A or IS0.3779-77 and 3780-76 on vehicle identification numbers (VIN).

(2) All types and trade marks of motor vehicles in CBU condition to be imported shall be those already registered at the Directorate General of Metal, Machine and Electronic Industries, Ministry of Industry.

(3) The import of motor vehicles in CBU condition whose types and trade marks have been domestically produced shall be realised by general importers (IU) without certificates of non objection from trade mark holder sole agents.

(4) The types and trade marks already domestically produced as meant in paragraph (3) of this article shall be determined by the Minister of Industry.

(5) The import of motor vehicles in CBU condition whose types and trade marks are not yet domestically produced shall only be realised by approved importers/sole agents (IT/AT) as meant in Article 1 point g of this decree.

Article 7

(1) In order to be approved as IU of waste, the relevant companies shall file applications to the Minister of Trade, by attaching :

• a. trade licences (SIUP);
• b. general importer's identification numbers (API-U);
• c. corporate registration certificates (TDP);
• d. taxpayer code numbers (NPWP);
• e. evidence of ownership/control of storage warehouses approved by BAPEDAL.

(2) The models of approval of IU of waste as well as import reports shall be as contained in Attachments V and VI to this decree.

Article 8

(1) In order to be approved as IP (producer importers), the relevant companies shall file applications to the Director General of Foreign Trade, Ministry of Trade, by attaching :

• a. fixed /provisional business licences or similar licences from technical ministries concerned with relevant business lines;
• b. producer importer's identification numbers (API-P) or limited importer's identification numbers (APIT);
• c. corporate registration certificates (TDP);
• d. taxpayer code numbers (NPWP).

(2) In order to be approved as IP of waste, the relevant companies shall file applications to the Minister of Trade, by attaching the documents as meant in paragraph (1) of this article plus the following:

• a. evidence of ownership of waste and waste residue management installations including storage warehouses approved by BAPEDAL;
• b. recommendations from the Minister of Industry that the relevant producers need waste for their process of production.

(3) The models of approval of IP of goods subject to import trade regulations as well as import reports shall be as contained in Attachments II and III, while the models of approval of IP of waste as well as import reports shall be as contained in Attachments IV and VI to this decree.

Article 9

Approval or rejection of the applications as meant in Article 7 paragraph (1) and Article 8 paragraphs (1) and (2) shall be decided upon within 7 (seven) working days as from the receipt of complete and correct application documents.

Article 10

(1) The quantities and types of goods other than waste that can be imported by IP shall be stipulated by the Director General of Foreign Trade, Ministry of Trade.

(2) The quantities and types of waste that can be imported by IU of waste or IP of waste shall be stipulated by the Minister of Trade after consultation with the Minister of Industry and the Head of BAPEDAL.

Article 11

The companies already approved as IP shall submit import reports to the Director General of Foreign Trade, Ministry of Trade, and relevant technical agencies every 6 (six) months as from the granting of approval of IP.

Article 12

(1) The import of waste containing hazardous and toxic materials as stipulated in Government Regulation No. 19/1994 as already amended by Government Regulation No. 12/1995, shall be prohibited.

(2) Execptions to the ban on the import of waste containing hazardous and toxic materials as meant in paragraph (1) of this article shall be determined by the Minister of Trade after consultation with the Minister of Industry and the Head of BAPEDAL.

(3) The import of other waste excluded from paragraphs (1) and (2) of this article shall be further stipulated by the Minister of Industry.

Article 13

(1) Excepted from the import trade regulations as stipulated in this decree shall be :

• a. personal effects;
• b. goods granted by other countries/aid agencies to the government of Indonesia;
• c. goods financed with foreign aid to the government of Indonesia;
• d. goods and/or materials entering manufacturing companies in bonded zones (PPDKB) or export oriented production entrepots (EPTE) for further processing into manufactures according to industrial licences of the PPDKB or EPTE;
• e. goods and/or materials entering bonded zones for piling, storage, placing or packaging.

(2) The exception from import trade regulations for the goods as meant in paragraph (1) of this article shall exclude goods subject to import bans, motor vehicles as personal effects and waste.

(3) Exceptions to the import trade regulations as stipulated in this decree can also be granted with the approval of the Director General of Foreign Trade, Ministry of Trade, or authorised officials, for the import of goods :

• a. as meant in Article 23 of the Customs Ordinance;
• b. for the purpose of scientific and technological research and development;
• c. for the purpose of grants and other social aid not meant for resale;
• d. as reimports after overseas repair, previously being indeed of import origin;
• e. for samples pursuant to the Decree of the Minister of Finance No.220/KMK.01/1995;
• f. for the motor vehicles of foreign ambassadors, foreign diplomatic missions and international agencies pursuant to the Decree of the Minister of Trade No.326/Kp/XI/93.

Article 14

(1) Except goods subject to import bans and residue and scrap of lead (used batteries) under tariff heading/HS 7802.00.000, the import of goods subject to this decree whose L/Cs or RIBs (import plans) bear the date of stipulation of this decree or a previous date, can be realised on the condition that the goods concerned shall arrive at Indonesian ports of destination not later than 3 (three) months starting from the date of this decree.

(2) Exceptions to the provision in paragraph (1) of this article shall only be granted by the Director Genera! of Foreign Trade, Ministry of Trade.

Article 15

With the enforcement of this decree, it is confirmed that goods under six tariff headings can be imported by genera! importers (IU) of waste, goods under 18 tariff headings and two categories of waste/elements are subject to import trade regulations, so that the goods subject to import trade regulations involve 207 tariff headings and two categories of waste/elements, as contained in Attachment I to this decree.

Article 16

(1) The approval of producer importers (IP) granted before the issuance of this decree shall remain valid as long as the companies concerned are still engaged in their business activities.

(2) The approval of IP granted to import goods exempted from import trade regulations under this decree, shall be declared ineffective.

Article 17

Any violation of the provisions in this decree and its implementation rules shall be liable to revocation or freezing of importer's identification numbers (API), of approval of producer importers, producer importers of waste, or of appointment of approved importers.

Article 18

This decree shall come into force as from the date of stipulation.

For public cognizance, this decree shall be announced by publishing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On July 18, 1995

THE MINISTER OF TRADE,
sgd.
S.B.JOEDONO