REGULATION OF THE MINISTER OF TRADE
No. 38/M-DAG/PER/12/2005
ON
PROVISIONS ON THE IMPORT OF NON-NEW MOTOR VEHICLE
THE MINISTER OF TRADE,
Considering:
- a. that since the Indonesian economic condition has not been conducive in general, it is deemed necessary to provide motor vehicle as transport facilities through the import of non-new motor vehicle in the framework of efforts to speed the growth of the real sector;
- b. that in relation to the consideration in letter a, and given that the provisions on the import of non-new motor vehicle as regulated in Decree of the Minister of Industry and Trade No. 756/MPP/Kep/12/2003 as already amended several times and the latest by Regulation of the Minister of Trade No. 04/M-DAG/PER/4/2005 would expire on December 31,2005, it is necessary to regulate a policy on the import of non-new motorized vehicle;
- c. that based on the considerations as meant in letters a and b, a regulation of the Minister of Trade needs to be issued;
In view of :
- 1. Law No. 3/1982 on corporate registry (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214);
- 2. Law No. 5/1984 on Industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
- 3. Law No. 14/1991 on Traffic and Land Transport (Statute Book of 1992 No. 49, Supplement to Statute Book No. 3480);
- 4. Law No. 10/1995 on Customs Affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
- 5. Government Regulation No. 17/1986 on Authority to Regulate, Foster and Develop Industry (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330);
- 6. Government Regulation No. 44/1993 on Vehicle and Driver (Statute Book of 1993 No. 64, Supplement to Statute Book No. 3530);
- 7. Government Regulation No. 13/1995 on Industrial Business License (Statute Book of 1995 No. 25, Supplement to Statute Book No. 3596);
- 8. Presidential Decree No. 260/1967 on Affirmation of Task and Responsibility of the Minister of Trade in the Foreign Trade Sector;
- 9. Presidential Decree No. 187/M/2004 on the Establishment of the United Indonesia Cabinet as already amended by Presidential Decree No. 8/M/2005;
- 10. Presidential Regulation No. 9/2005 on the Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries;
- 11. Presidential Regulation No. 10/2005 on First-Echelon Organizational Units and Tasks of State Ministries as already amended by Presidential Regulation No. 15/2005;
- 12. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on Import General Provisions;
- 13. Decree of the Minister of Industry and Trade No. 275/MPP/Kep/6/1999 on Automotive Industry;
- 14. Decree of the Minister of Trade Industry and Trade No. 275/MPP/Kep/6/1999 on Registration of Types and Variants of Motorized Vehicle;
- 15. Decree of the Minister of Industry and Trade No. 40/MPP/Kep/1/2003 on Importer Identity Number (API);
- 16. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 on Organization and Working Arrangement of the Ministry of Trade;
DECIDES :
To stipulate :
THE REGULATION OF THE MINISTER OF TRADE ON PROVISIONS ON THE IMPORT OF NON-NEW MOTOR VEHICLE
Article 1
Referred to in this regulation as:
- 1. Industrial Business License or Other Business License is a license granted to industry/company to undertake business activities, which is issued by the authorized institution in accordance with the provisions of legislation in force.
- 2. Direct User Company is an industry or other company already having Industrial Business License or Other Business License.
- 3. Reconditioning Company is a company already having Industrial Business License or Other Business License in the business line of service for reconditioning and repairing non-new motorized vehicle.
- 4. Non-new Motor vehicle is a motor vehicle in a non-new condition, which remains feasible to operate or recondition for re-functioning and not scrap.
- 5. Surveyor is surveyors owned by the Indonesian government and/or other surveyors becoming members of the International Federation of Inspection Agency (IFIA) appointed by the Minister.
- 6. Minister is the Minister of Trade.
Article 2
(1) Non-new motor vehicle only can be imported by:
- a. direct user companies;
- b. reconditioning companies for restoring and repairing non-new motor vehicle.
(2) The non-new motorized vehicle, which can be imported by the companies as meant in paragraph (1), including HS Tariff Heading 87 as contained in the attachment to this regulation.
(3) The companies as meant in paragraph (1), which can import non-new motor vehicle must have:
- a. Industrial Business License or Other Business License as meant in Article 1 number 1;
- b. Importer Identity Number (API);
- c. Taxpayer Code Number (NPWP).
Article 3
The non-new motor vehicle as meant in Article 2 paragraph (2) only can be imported to Indonesian Customs Area through ports in Medan, Dumai, Jakarta, Semarang, Surabaya, Balikpapan and Makassar.
Article 4
(1) The import of the non-new motor vehicle as meant in Article 2 paragraph (2) must secure import approval first from the Director of the Import, Ministry of Trade by enclosing the requirement as meant in Article 2 paragraph (3).
(2) The Director of Import, Ministry of Trade as meant in paragraph (1) issue the import approval or rejection of application for the import in 10 (ten) working days as from the date of receipt of application for the import of non-new motor vehicle from the companies as meant in Article 2 paragraph (1).
Article 5
(1) The import of non-new motor vehicle already securing the import approval as meant in Article 4 paragraph (1) is inspected technically first by surveyors with regard to road worthiness and technical specifications of the non-new motorized vehicle.
(2) Results of the technical inspection by the surveyors as meant in paragraph (1) are mentioned in Certificate of Inspection certifying that the motor vehicle remains feasible to use or recondition for re-functioning and not scrap and information about technical specifications and must be attached to customs document upon importing the non-new motor vehicle to the Indonesian Customs Area.
(3) Surveyors undertake technical inspection in the framework of issuance of Certificate of Inspection in countries where the goods are loaded.
Article 6
The companies as meant in Article 2 paragraph (1) violating the provisions in this regulation are subjected to sanction in the form of:
- a. revocation of Importer Identity Number (API);
- b. criminal penalty in accordance with the provisions of legislation in force.
Article 7
Without reducing the importance of the provision in Article 1 point 5, in order to implement the provision in Article 4, surveyors appointed by the Minister are as set forth in Decree of the Minister of Industry and Trade No. 492/MPP/Kep/8/2004 on Appointment of Surveyors as Surveyors of the Import of Non-New Motorized Vehicle.
Article 8
The Director General of Foreign Trade, Ministry of Trade can further stipulate technical provisions deemed necessary to implement this regulation.
Article 9
Only Minister can stipulate exception from the provisions stipulated in this regulation.
Article 10
The regulation comes into force as from January 1, 2006 to December 31, 2006.
For public cognizance, the regulation shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On December 29, 2005
THE MINISTER OF TRADE,
sgd
MARI ELKA PANGESTU