DECREE OF
MINISTER OF INDUSTRY AND TRADE OF THE REPUBLIC OF INDONESIA
NO. 411/MPP/Kep/6/2003

CONCERNING
AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE
NUMBER 756/MPP/KEP/11/2002
CONCERNING
IMPORT OF NON-NEW MACHINERIES AND MACHINERY EQUIPMENTS

MINISTER OF INDUSTRY AND TRADE OF THE REPUBLIC OF INDONESIA,

Considering :

• a. that, with regard to the change of definition of importable non-new public transport motor vehicles and the rectification and adjustment to the motor vehicle criteria as contemplated in Decree of the Minister of Industry and Trade Number 756/MPP/Kep/11/2002, then, it is considered necessary to amend that Ministerial Decree;
• b. that, therefore, it is necessary to issue a Decree of the Minister of Industry and Trade.

In view of :

• 1. Government Regulation of the Republic of Indonesia Number 17 of 1986 on Authority of Regulating, Guiding and Developing of Industries (Statute Book of 1986 Number 23, Supplement to Statute Book Number 3330);
• 2. Presidential Decree of the Republic of Indonesia Number 260 of 1967 on Conformation of Duties and Responsibilities of the Trade Minister in the Field of International Trade;
• 3. Decree of the Minister of Communication Number KM 74 of 1990 on Container Transportation on the Roads;
• 4. Decree of the Minister of Industry and Trade Number 756/MPP/Kep/11/2002 on Import of Non-New Machineries and Machinery Equipments;
• 5. Decree of the Minister of Industry and Trade Number 40/MPP/Kep/1/2003 on Importer Identification Number (API).

DECIDES:

To stipulate:

AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE NUMBER 756/MPP/Kep/11/2002 ON IMPORT OF NON-NEW MACHINERIES AND MACHINERY EQUIPMENTS.

Article I

Some provisions in the Decree of the Minister of Industry and Trade Number 756/MPP/Kep/11/2002 are amended as follows:

1. To amend Article 1 point 6 to become as follows:

"Article 1

6. Type Test shall be a certification process for motor vehicles conducted based on technical requirements and test results before the motor vehicle in question is operated on roads, as contemplated in the Government Regulation Number 44 of 1993 on Vehicle and the Driver."

2. To amend Article 3 to become as follows:

"Article 3

Particularly for non-new motor vehicles that fall within the Tariff Heading HS. 87 that can be imported as contemplated in Article 2 paragraph (2) are:

• a. non-new motor vehicles to carry goods that fall within the Tariff Heading HS. 8704.10.100; 8704.23.190; 8704.32.190; and 8704.90.190.
• b. Vehicles constructed mainly to tow and push other vehicles in non-new condition falling within the Tariff Heading HS. 8701.20.000; and
• c. Motor vehicles carrying 20 (twenty) public passengers or more or non new buses falling within the Tariff Heading HS. 8702.10.910; 8702.10.990; 8702.90.910; and 8702.90.990."

3. To amend and add Article 4 paragraph (1) so that the Article 4 shall entirely become as follows:

"Article 4

(1) The non-new motor vehicles to carry goods as contemplated in Article 3 letter a can be imported by companies as contemplated in Article 2 paragraph (1) must meet the following requirements:

• a. gross vehicle weight (GVW) is more than 24 tons;
• b. age in minimum 3 (three) years and in maximum 10 (ten) years as of the year made; and
• c. Technical requirements to meet, are :
• 1) having 3 (three) or more axles;
• 2) vehicle dimension: Maximum width = 2.500 mm, Maximum length = 12.000 mm, Maximum height = 4.200 mm and mot more than 1,7 x width, Front Over Hang (FOH) maximum = 47,5% x Wheel Base, Rear Over Hang (ROH) maximum = 62,5% x Wheel Base, lamp height maximum 1.250 mm, maximum height of open back box 1.000 mm and Departure angle not less than 8º.
• 3) Power Weight Ratio (PWR) minimum 4,5 Kw/ton JBB; and
• 4) Particularly for Tractor Head, the Tariff Heading HS. 8701.20.000, the axle configuration is 1.2 or 1.22.

(2) The imported non-new motor vehicles to carry goods as contemplated in paragraph (1) must obtain a prior import approval from the Director General of International Trade, the Ministry of Industry and Trade.

(3) Vehicles constructed mainly to tow and push other vehicles in non-new condition as contemplated in Article 3 letter b which can be imported by the companies as contemplated in Article 2 paragraph (1) must meet the following requirements:

• a. they are not resulted from a modification of motor vehicles to carry goods and still equipped with tachograph and low and high gear transmission; and
• b. have obtained approval of the Director General of International Trade, the Ministry of Industry and Trade and meeting requirements as provided for in the Decree of the Minister of Communication Number KM. 74 of 1990 on Container Transportation on the Roads.

(4) The Director General of International Trade, the Ministry of Industry and Trade shall issue import approval of as contemplated in paragraphs (2) and (3) or issues refusal of application for import within 10 (ten) working days as of the receipt date of letter of application for import of non new motor vehicles from the companies as contemplated in Article 2 paragraph (1)."

4. To amend Article 5 to become as follows:

"Article 5

Provisions and procedures for import of motor vehicle carrying 20 (twenty) public passengers or more or non new buses as contemplated in Article 3 letter c shall be stipulated separately by a Decree of the Minister of Industry and Trade."

5. To amend Article 10 paragraphs (2) and (3) so that the Article 10 shall entirely become as follows:

"Article 10

(1) Import of non-new machineries and machinery equipments as contemplated in Article 2 paragraph (2) other than motor vehicles must be accompanied with a Certificate of Inspection from the Surveyor certifying that those machineries and machinery equipments are still feasible for use and reconditioning to be re-functioned, not scrap and information of technical specifications.

(2) Particularly for import of non-new motor vehicles as contemplated in Article 3 letters a and b, must be accompanied with a Certificate of Inspection from the Surveyor relating to type, mark, model or type, year made or age, chassis and engine numbers, engine power, cylinder capacity, gross vehicle weigh (GVW) and axle configuration of the motor vehicle in question.

(3) The survey by Surveyor in the framework of issuance of the Certificate of Inspection shall be conducted in the country of origin."

Article II

This Decree shall come into force as from 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 June 17, 2003
MINISTER OF INDUSTRY AND TRADE R.I
RINI M SUMARNO SOEWANDI