DECREE OF THE MINISTER OF INDUSTRY AND TRADE
NO. 141/MPP/KEP/3/2002

ON
SPECIAL IMPORTER IDENTIFICATION CODE NUMBER (NPIK)

THE MINISTER OF INDUSTRY AND TRADE,

Attachment

Considering :

a. that in an effort to improve consumer's protection, support the domestic industry by creating a-sound competition climate, safeguard state revenue from taxes and other import levies, and ensure administrative order in the import sector, it is deemed necessary to issue Special Importer Identification Code Number (NPIK);
b. that for this purpose a decree of the Minister of Industry and Trade heeds to be issued;

In view of :

1. The Dutch East Indies Corporate Ordinance of 1934 (Statute Book of 1938 No. 86) as has been amended and supplemented;
2. Law No. 7/1994 on the Ratification of Agreement Establishing The World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);
3. Law No. 10/1995 on Customs Affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
4. Law No. 7/1996 on Food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656);
5. Law No. 8/1999 on Consumer's Protection (Statute Book of 1999 No.42, Supplement to Statute Book No. 3821);
6. Government Regulation No. 58/2001 on the Guidance and Control of Consumers Protection (Statute Book, of 2001 No. 103, Supplement to Statute Book No. 4126);
7. Presidential Decree No. 260/1967 on the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Field of Foreign Trade;
8. Presidential Decree No. 228/M/2001 on the Formation of Mutual-Help Cabinet;
9. Presidential Decree No. 102/2001 on the Position, Task, Function, Authority, Organizational Structure and Working System of Ministries;
10. Presidential Decree No. 109/2001 on the Organizational Units and Tasks of First Echelon Officials of Ministries;
11. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on General Provisions in the Import Sector;
12. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on Goods Subject to Import Regulations;
13. Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 on Importer Identification Code Number (API) as has been amended by Decree of the Minister of Industry and Trade No. 253/MPP/Kep/7/2000;
14. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the Organization and Working System of the Ministry of Industry and Trade;

DECIDES:

To stipulate :

DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON SPECIAL IMPORTER IDENTIFICATION CODE NUMBER (NPIK).

CHAPTER I
GENERAL PROVISIONS

Article 1

Referred to in this Decree as :

1. Special Importer Identification Code Number, hereinafter abbreviated to NPIK, shall be the identity card of special importer that must be owned by each importer to import certain goods;
2. Importer Identification Number (General/Producer/Limited), hereinafter abbreviated to API (U/P/T ) shall be the identity card of importer that must be owned by each company to import goods;
3. Minister shall be the Minister of Industry and Trade;
4. Director General Shall be the Director General of Foreign Trade, Ministry of Industry and Trade;
5. Director shall be the Director of Import, Ministry of Industry and Trade.

CHAPTER II
NPIK

Article 2

(1) Any company planning to import certain goods shall hold NPIK.

(2) NPIK as referred to in paragraph (1) shall be issued by the Director General.

Article 3

(1) The certain goods as referred to in Article 2 paragraph (1) shall be new.

(2) The certain goods as referred to in paragraph (1) shall be determined by the Director General.

CHAPTER III
THE PROCEDURES AND REQUIREMENTS FOR APPLYING FOR NPIK

Article 4

(1) NPIK shall only be issued to the companies holding a General Importer Identification Number (API-U), Producer Importer Identification Number (API-P) and Limited Importer Identification Number (API-T).

(2) To obtain NPIK as referred to in paragraph (1), an importer shall file an application to the Director General with a copy to the Director, complete with :

a. For a company holding API-U
- API-U
- a report on the realization of imports in 2 (two) consecutive years in the past 5 (five) years, or the realization of imports in the past 1 (one) year, and/ or a purchase agreement/contract with a foreign trade partner in the next 1 (one) year;
b. for a company holding API-P
- API-P;
- Industrial permit;
c. for a company holding API-T
- API-T;
- Industrial permit or Certificate of Fixed Approval (SPT) for Foreign Investment (PMA)/Domestic Investment (PMDN).

(3) No later than 10 (ten) working days after the receipt of the application as referred to in paragraph (2) the Director General shall issue NPIK or reject the application.

(4) NPIK shall be valid for 5 (five) years starting from the issuance date of NPIK.

(5) The model of NPIK shall follow Attachment I to this Decree.

CHAPTER IV
OBLIGATION

Article 5

(1) The importer holding NPIK shall convey a monthly report to the Director on whether or not it imports certain goods.

(2) The report as referred to in paragraph (1) shall be conveyed no later than the 15th of the ensuing month after NPIK is issued.

(3) The model of the report on the realization of imports as referred to in paragraph (1) shall follow Attachment II to this Decree.

(4) The report as referred to in paragraph (1) shall be sent by facsimile, mail or directly by the importer.

CHAPTER V
SANCTION

Article 6

(1) NPIK shall be frozen, if the holder does not fulfill the obligation as referred to in Article 5, paragraph (2), for 2 (two) periods of time.

(2) NPIK shall be revoked, if the holder :

a. changes, adds something to and/or replaces the content of NPIK;
b. is declared by a court guilty of criminal offense related to the abuse of NPIK, in which the court decision already has irrevocable force.

(3) The Director General shall freeze and revoke NPIK as referred to in paragraph (1) and paragraph (2).

Article 7

The import of certain goods as referred to in Article 3 can be done without NPIK after the importer secures approval from the Director General, provided the goods :

a. are used for the Government and other State Agencies;
b. are used for technological research and development;
c. constitute technical assistance and project assistance based on Government Regulation No. 19/1995;
d. are sample goods.

Article 8

The import of certain goods for other purposes than those referred to in Article 7 can be done with prior approval from the Minister.

CHAPTER VI
CONCLUSION

Article 9

This Decree shall begin to take effect 2 (two) months after the date of stipulation.

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

Stipulated in Jakarta
On March 6, 2002
THE MINISTER OF INDUSTRY AND TRADE
Sgd.
RINI M.S. SOEWANDI