JOINT DECREE OF
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA AND
MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA
No. 01/M/Kep/1/2005
No. 01/M/Kep/1/2005

ON
NON-NEW CAPITAL GOODS IMPORT FOR THE REGIONS OF VICTIMIZE OF CATASTROPHE IN THE PROVINCES OF
NANGGROE ACEH DARUSSALAM, SUMATERA UTARA, PAPUA AND NUSA TENGGARA TIMUR

MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
AND
MINISTER OF INDUSTRY OF THE REPUBLIC OF INDONESIA,

Considering :

• a. that in the framework of rehabilitation and re-development of infrastructure on the regions of victimize of catastrophe especially to the Provinces of Nanggroe Aceh Darussalam, Sumatera Utara, Papua and Nusa Tenggara Timur, therefore to complied with necessary of non-new capital goods for development regions therefore;
• b. that to think of the condition of Indonesia economy in the proces of completely recovery, therefore to complied with development of those regions as meant point of a, it is necessary to import of non-new capital goods;
• c. that it is deemed necessary to issue Joint Decree of the Minister of Trade and the Minister of Industry;

In view of :

• 1. Trade Ordinance of 1934 (Staatsblad Year 1938 No. 86);
• 2. Law No. 5/1984 regarding Industrial Affairs (State Gazette of 1984 No. 22, Supplement to State Gazette No. 3274);
• 3. Law No. 14/1992 regarding Traffic and Road Transportation Act (State Gazette of 1992 No. 49, Supplement to State Gazette No. 3480);
• 4. Law No. 7/1994 regarding Agreement Establishing The World Trade Organization, (State Gazette of 1994 No. 57, Supplement to State Gazette No. 3564);
• 5. Law No. 10/1995 regarding Custom Affairs (State Gazette of 1995 No. 75, Supplement to State Gazette No. 3612);
• 6. Government Regulation of the Republic of Indonesia No. 17/1986 regarding Industrial Regulating, Development, and Improvement Authorities (State Gazette of 1986 No. 23, Supplement to State Gazette No. 3330);
• 7. Government Regulation of the Republic of Indonesia No. 44/1993 regarding Vehicles and Drivers (State Gazette of 1993 No. 64, Supplement to State Gazette No. 3530);
• 8. Presidential Decree of the Republic of Indonesia No. 260/1967 regarding Affirmation on Duty and Responsibility of Minister of Industry and Trade on Foreign Trade Issues;
• 9. Presidential Decree of the Republic of Indonesia No. 187/M/2004 regarding United Indonesia Cabinet Formation;
• 10. Decree of Minister of Industry and Trade No. 229/MPP/Kep/7/1997 regarding General Provisions for Import;
• 11. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 regarding Goods Which Import Procedure Can Be Ruled, as amended several times and latest by Decree of the Minister of Industry and Trade No. 478/MPP/Kep/7/2003;
• 12. Decree of the Minister of Industry and Trade No. 275/MPP/Kep/6/1999 regarding Motorized Vehicle Industry;
• 13. Decree of the Minister of Industry and Trade No. 276/MPP/Kep/6/1999 regarding Registration of Type and Variety of Motorized Vehicles;
• 14. Decree of the Minister of Industry and Trade No. 589/MPP/Kep/10/1999 regarding Stipulation of Types of Industry under Development of Each Directorate General and Authority to Grant Permit in the Fields of Trade and Industry within the Department of Trade and Industry;
• 15. Decree of the Minister of Industry and Trade No. 40/MPP/Kep/1/2003 regarding Importer Identity Number (API);

DECIDES :

To stipulate :

JOINT DECREE OF MINISTER OF TRADE AND MINISTER OF INDUSTRY ON NON-NEW CAPITAL GOODS IMPORT FOR THE REGIONS VICTIMIZE OF CATASTROPHE IN THE PROVINCES OF NANGGROE ACEH DARUSSALAM, SUMATERA UTARA, PAPUA AND NUSA TENGGARA TIMUR.

Article 1

In this decree, the meaning of:

• 1. Non-new Capital Goods are capital goods which are still proper to ready use and non scraps.
• 2. Company is a company to obtain recommendation from National Disaster and Refugee Management Coordination Board (BAKORNAS PBP) to perform importation in the framework of scheme to comply with necessary non-new capital goods for the regions of Nanggroe Aceh Darussalam, Sumatera Utara, Papua dan Nusa Tenggara Timur.
• 3. Surveyor is a surveyor to be appointed by the Minister of Trade.

Article 2

(1) Non-new capital goods can only be imported by company as mentioned in Article 1 number 2.

(2) Non-new capital goods can be imported by company as mentioned in paragraph (1) to overwhelm tariff heading (HS) Number 82, 84, 85, 86, 87, 88, 89 and 9009 as inserted in Enclosure I of this Joint Decree.

Article 3

(1) The import of non-new capital goods can be imported as meant in Article 2 paragraph (2) must be a prior import permitted from the Minister of Trade after get technical consideration from the Minister of Industry.

(2) Technical consideration of the Minister of Industry as meant in paragraph (1) based on recommendation of PBP National Disaster and Refugee Management Coordination Board (BAKORNAS PBP) for the Provinces of Nangroe Aceh Darussalam, Sumatera Utara, Papua dan Nusa Tenggara Timur.

Article 4

(1) Importation of non-new capital goods as meant in Article 2 only aim be imported to fulfil need of non-new capital goods on the regions of victimize of catastrophe namely in the Provinces of Nanggroe Aceh Darussalam, Sumatera Utara, Papua dan Nusa Tenggara Timur.

(2) The Governor of those provinces or an official in order by the Central Government as mentioned in paragraph (1) is responsible of the supervisory to the used of non-new capital goods that be imported.

(3) The Governor of those provinces or official in order by the Central Government as meant in paragraph (2) to make report periodic every sixth months of result of the supervision to the Minister of Trade and copies to the Minister of Industry and BAKORNAS PBP.

Article 5

(1) The import of non-new capital goods as meant in Article 2 paragraph (2) must be enclosed with a Certificate of Inspection from the Surveyor who declares that such non-new capital goods are still proper and ready be used and non scrap.

(2) Implementation of survey by the Surveyor in the framework to issue the Certificate of Inspection performed in the country of goods loading or in the port of destination.

Article 6

Towards all of due importation of non-new capital goods as meant in Article 2 paragraph (2) by the company as import approval as mentioned in Article 3 is obliged to make writing-report to the Minister of Trade and copies to the Minister of Industry, PBP National Disaster and Refugee Management Coordination Board (BAKORNAS PBP) and Governor in the place as mentioned in Enclosure II of this Joint Decree.

Article 7

The company as meant in Article 2 paragraph (1) against to the provision of this decree shall be imposed in the shape of sanctions to revoke of an import permitted and or for criminal acts in accordance with the laws in force.

Article 8

Exemptions from the provisions of this Decree shall only be stipulated by the Minister of Trade.

Article 9

This Decree comes into force of the date of stipulation.

In order to the people cognizance, to command announcement this Decree by placing in the State Gazette of the Republic of Indonesia.

Stipulated inJakarta
On January 3, 2005

MINISTER OF TRADE,
sgd
MARI ELKA PANGESTU

MINISTER OF INDUSTRY,
sgd
ANDUNG A NITIMIHARDJA

Attachment
NEW CAPITAL GOODS WHICH CAN NOT be imported