REGULATION OF THE MINISTER OF TRADE OF REPUBLIC OF INDONESIA
No. 15/M-DAG/PER/3/2007

CONCERNING
PROVISIONS OF IMPORTED COLOR MULTIFUNCTION MACHINES, COLOR PHOTOCOPYING MACHINES AND COLOR PRINTER MACHINES

THE MINISTER OF TRADE OF REPUBLIC OF INDONESIA,

Attachment

Considering:

a. that with the fast technological advancements, Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, can now be used to reproduce colorful printouts and materials which perfectly resemble their originals, such that this capacity may in fact prompt criminal actions of illegally reproducing banknotes and security instruments;
b. that in anticipation of such technological developments and innovations and to improve public service and protect security papers and instruments, it is imperative that more stringent control and supervision are put in place in the importation of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines;
c. that in connection with the premises stated in paragraphs a and b above, and in the implementation of the Presidential Instruction No. 1/1971, it is deemed necessary that the previous Decree of Minister of Trade and Cooperative No. 03/KP/IV/1978 on Imports of Color Photocopy Machines is nullified, revised and restated;
d. that in consideration of all the premises in paragraphs a, b and c above, this Regulation of Minister of Trade of Republic of Indonesia is put in place.

In View of:

1. Penal Code (Wetboek van Strafrecht) (Statute Book or Staatsblad of 1915 No. 732);
2. Trade Ordinance of 1934 (Statute Book 1938 No. 86) as amended and revised;
3. Law No. 6/1981 which ratifies the International Convention On Anti Banknotes Counterfeiting and Protocol, Geneva 1929) (Statute Book of Republic of Indonesia of 1981 No. 36, Supplementary Statute Book No. 3199);
4. Law No. 5/1984 on Industry (Statute Book of Republic of Indonesia of 1984 No. 22, Statute Book Supplement No. 3274);
5. Law No. 7/1994 which Adopts the Agreement Establishing The World Trade Organization (Statute Book of Republic of Indonesia of 1994 No. 57, Statute Book Supplement No. 3564);
6. Law No. 10/1995 on Customs (Statute Book of Republic of Indonesia of 1995 No. 75, Statute Book Supplement No. 3612), as amended by Law No. 17/2006 (Statute Book of Republic of Indonesia of 2006 No. 93, Statute Book Supplement No. 4661);
7. Law No. 3/2004 on Bank Indonesia (Statute Book of Republic of Indonesia of 2004 No. 7, Statute Book Supplement No. 4357);
8. Regulation of Government of Republic of Indonesia No. 11/1962 on Trading of Controlled Goods (Statute Book of Republic of Indonesia of 1962 No. 46, Statute Book Supplement No. 2473) as amended with Regulation of Government of Republic of Indonesia No. 19/2004 (Statute Book of Republic of Indonesia of 2004 No. 68, Statute Book Supplement No. 4402);
9. Regulation of Government of Republic of Indonesia No. 34/2000 establishing the State Stationery Company (the PERUM PERURI) (Statute Book of Republic of Indonesia of 2000 No. 83);
10. Decree of President of Republic of Indonesia No. 260/1967 on Definition of the Duty and Responsibility of Trade Minister in Foreign Trade;
11. Decree of President of Republic of Indonesia No. 187/M/2004 on Formation of the United Indonesia Cabinet, as amended several times and most recently as laid down in Decree of President of Republic of Indonesia No. 171/M/2005;
12. Regulation of President of Republic of Indonesia No. 9/2005 on the Capacity, Duty, Functions, Authorities, Organizational Structure and Works of State Ministry Offices of Republic of Indonesia, as amended several times, most recently as laid down in Regulation of President of Republic of Indonesia No. 90/2006;
13. Regulation of President of Republic of Indonesia No. 10/2005 on Units of Organization and Duties of Echelon I in State Ministry Offices of Republic of Indonesia, as amended several times, most recently as laid down in Regulation of President of Republic of Indonesia No. 66/2006;
14. Decree of Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on General Provisions on Imports;
15. Decree of Minister of Industry and Trade of Republic of Indonesia No. 647/MPP/Kep/7/2002 on Guide for Registration of Manuals and Warranty Cards, written in Indonesian Language, for Information Technology and Electronic Products;
16. Decree of Minister of Industry and Trade No. 40/MPP/Kep/1/2003 on Importer Identity Number [API], as amended by Regulation of Minister of Trade of Republic of Indonesia No. 43/M-DAG/PER/12/2006;
17. Trade Minister Regulation No. 01/M-DAG/PER/3/2005 on Organizational Structure And Works Of Trade Ministry, as amended by Regulation of Minister of Trade of Republic of Indonesia No. 30/M-DAG/PER/12/2005;
18. Trade Minister Regulation No. 11/M-DAG/PER/3/2006 on Terms, Conditions and Procedure for the Issuance of Registration Certificates For Agents or Distributors of Goods and/or Services.

Bearing In Mind:

1. Instruction of President of Republic of Indonesia No. 1/1971 which authorizes the Chief of Intelligence Office to coordinate all efforts and activities of such relevant bodies / agencies in eradicating banknotes counterfeiting activities;
2. Decision No. KEP-061/2006, of Chief of State Intelligence Agency as Head of Anti Banknotes Counterfeiting Coordinating Agency, on License Requirements for Operating Color Multifunction Machines, Color Photocopying Machines and such other Color Reproducing Apparatus.

HAS DECIDED:

To Annul:

DECREE OF MINISTER OF TRADE AND COOPERATIVE NO. 03/KP/IV/1978 ON IMPORTS OF COLOR PHOTOCOPY MACHINES;

To Stipulate:

TRADE MINISTER REGULATION ON IMPORTS OF COLOR MULTIFUNCTION MACHINES, COLOR PHOTOCOPYING MACHINES AND COLOR PRINTING MACHINES.

Article 1

In this Minister Regulation, the terms:

1.
a. Color Multifunction Machines shall mean any such machine which has dual functions or more with the ability to print, reproduce or fax; with facilities for interface with such automatic data processing machine or networks capable to produce multi-color printed materials;
b. Color Photocopy Machines shall mean any such photocopy machine which has the ability to produce multi-color printed materials;
c. Color Printing Machines shall mean any such machine to which automatic data processing machine may be attached in order to produce multi-color printed materials.
2. Registered-Importers [IT] Of Color Multifunction Machines, Color Photocopying Machines And Color Printing Machines, shall mean any such company which has acquired Importer Recognition Number [API] and licensed by Director General of Foreign Trade of Trade Ministry to import Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines.
3. Principal, shall mean any such foreign entities which have the power and authorizations to name and appoint their agents or distributors in Indonesia to sell such goods and/or services they might own or possess.
4. Recommendation, shall mean such letter issued by such authorized officer of Industry Ministry and officer of Anti Banknotes Counterfeiting Coordinating Agency; but is not to be treated as license/approval to import.
5. Minister, shall mean the Minister of Trade.
6. Director General, shall mean Director General of Foreign Trade, of Trade Ministry.
7. Director General of lATT, shall mean the Director General for Industry of Transportation Equipments and Telematics, of the Ministry of Industry.
8. BOTASUPAL, shall mean the acronym of the Anti Banknotes Counterfeiting Coordinating Agency which is headed by Chief of State Intelligence Office, pursuant to Presidential Instruction No. 1/1971.
9. Surveyor, shall mean such surveying company named and authorized by Trade Minister to carry out verification or technical assessment on imports of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines.

Article 2

The terms Color Multifunction Machine, Color Photocopy Machine and Color Printing Machine, as stated above in Article 1 Paragraph 1, shall refer to those items as described in the Attachment I of this Minister Regulation.

Article 3

The Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines as contemplated above in Article 1 Paragraph 1 may only be imported by such companies which have been designated by the Director General as Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines.

Article 4

(1) Companies seeking to obtain Designation as Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, shall submit a written application to the Director General, attaching the following documents:

a. Photocopy of Importer Identity Number [API];
b. Photocopy of Taxpayer Identification Number [NPWP];
c. Letters of Recommendation from the Anti Banknotes Counterfeiting Coordinating Agency (BOTASUPAL);
d. Agency or Distributor License, issued by such Foreign Principal of the Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, duly certified by the Embassy of Republic of Indonesia and competent Notary Public at the Country of the Principal (submits the photocopy and shows the original license); and
e. Original product brochures / catalogs, in printout form and/or in electronic media, issued by the Principal of the Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines.

(2) Against the written application filed by a company applicant, as intended above in paragraph (1), the grant or otherwise refusal to grant the Designation as Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, will be given by the Director General no later than 10 (ten) working days after receipt of the application.

(3) A Designation as Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, as intended above in Article 3, is valid for a period of 2 (two) years, and may be extended thereafter.

(4) Once a company is designated as Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, any change of data contained in the document as contemplated above in paragraph (1) shall be reported by it no later than 30 (thirty) workdays after such changes.

(5) Format of the Certificate of Designation as Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, under Article 3 above, is given in Attachment II of this Minister Regulation.

Article 5

(1) Each importation of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines by a Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, requires a prior approval from the Director General as regards the particulars such as quantity, types, technical specifications, port of destination, country of origin, and effective period of such import approval, which is 6 (six) months

(2) In order to obtain the import approval as intended above in paragraph (1), the Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines shall submit a written application to the Director General, with a copy of which also sent to the Director General of IATT and to BOTASUPAL, by attaching:

a. Statement on planned imports of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, duly executed by the authorized officers of the company concerned.
b. Recommendation from Director General of IATT.

(3) Format of import approval as intended above in paragraph (1) is given in Attachment III of this Minister Regulation.

Article 6

(1) A Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines which has acquired import approval as intended above in Article 5 paragraph (1), will be required to file import realization report, on quarterly basis or from time to time as required, with the Director General, and copies thereof shall also be submitted to Director General of IATT and BATOSUPAL.

(2) Report as intended above in paragraph (1) shall contain information regarding realization or non-realization of the import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines.

(3) Report on import realization, as intended above in paragraph (1), shall be submitted no later than the 15th (fifteenth) day of the month following the reported month.

(4) Format of import realization report under paragraph (1) above is given in Attachment III of this Minister Regulation.

Article 7

Each importation of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines will be subject to verification or technical assessment to be conducted in the country of loading.

Article 8

(1) The verification or technical assessment as contemplated above in Article 7 shall be conducted by such Surveyor appointed by the Minister.

(2) To qualify as surveyor designated to perform such verification or technical assessment, as intended above in paragraph (1), a prospective surveyor shall meet the following criteria:

a. must have experience as surveyor for no less than 5 (five) years; and
b. must have branch(es) or representative(s) or affiliate(s) in foreign country(ies).

(3) Results of such verification or technical assessment conducted by the Surveyor, as contemplated above in Article 7 hereof, shall be laid down in Surveyor Report (LS), which will be treated as import document for clearing purposes.

(4) For the verification or technical assessment activities conducted, as intended above in paragraph (1), the surveyor will charge and collect fees from the relevant importers, at such rates in accordance with cost-benefit principle.

Article 9

(1) The Surveyor, as intended above in Article 8 paragraph (1), will file monthly reports regarding implementation of their verification activities with the Director General, with copies thereof also sent to Director General of IATT and the BOTASUPAL no later than the 15th (the fifteenth day) of the succeeding month.

(2) Surveyor will be liable to ensure that the goods exported are according to the data contained in the related Surveyor Report as intended above in Article 8 paragraph (3).

(3) The provisions governing the conduct/performance of such verification or technical assessment activities, as intended above in Article 7, are to be stipulated by the Director General.

Article 10

The verification or technical assessment for imports of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, as intended above in Article 8, shall in no event reduce the authority of the Director General of Customs and Excise to perform customs inspection.

Article 11

(1) A Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, will be suspended if the relevant company and/or its management / members of Board of Directors:

a. fails to meet the requirements pursuant to Article 4 paragraph (4);
b. fails to meet the requirements as intended in Article 6, in as many as 2 (two) occasions; and/or
c. being subjected to an investigation for alleged misuses of the Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines and/or of the import approval.

(2) A suspended Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines may be restored if:

a. (License Holder) has met its obligations pursuant to Article 4 paragraph (4) within 30 (thirty) workdays of the date of suspension;
b. (License Holder) has met its obligations pursuant to Article 6 within 30 (thirty) workdays of the date of suspension;
c. To (License Holder) has been granted an order to discontinue the investigation by the relevant investigators; and/or
d. (License Holder) is found not-guilty / acquitted from all charges, by virtue of a Court Decree, having final and binding effect.

(3) The Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines will be suspended if the relevant company and/or its management / members of Board of Directors:

a. Fails to meet its obligations pursuant to Article 4 paragraph (4) within 30 (thirty) workdays of the date of suspension;
b. Fails to meet its obligations pursuant to Article 6 within 30 (thirty) workdays of the date of suspension;
c. Alters, adds and/or tampers with the contents of the documents containing the Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines and/or contents of import approval;
d. Is indicated by court for such criminal acts associated with misusing of the Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines and/or of the import approval; and/or for such other crimes which involve the uses of any of the Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines imported by it, by virtue of a Court Decree, having final and binding effect; and/or
e. While its Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines has been suspended twice, and another suspension is forthcoming.

(4) Any such suspension, reinstatement and cancellation of a Designation of Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, as intended in paragraphs (1), (2) and (3) hereof, shall be so decided by the Director General.

(5) Any such suspension or cancellation as intended in paragraph (1) and paragraph (3) hereof will not prejudice, and shall be in addition to, any such penal actions which might be permitted by applicable laws.

Article 12

Surveyor Designation Certificate will be cancelled if the Surveyor concerned:

a. Fails to fulfill its obligations pursuant to Article 9 paragraph (1) in as many as 2 (two) occasions within a period of 6 (six) months; and/or
b. Fails to fulfill its obligations pursuant to Article 9 paragraph (2).

Article 13

(1) All waivers of any of the terms and conditions of this Minister Regulation will be effective only if authorized by the Minister based on the advice of BOTASUPAL.

(2) The Director General may put in place any such procedural and technical guideline for the due implementation of this Minister Regulation.

Article 14

This Ministerial Regulation commences to take effect on the date of this stipulation.

For public cognizance f, it is hereby instructed that this Ministerial Regulation is promulgated in the Statute Book of Republic of Indonesia.

Stipulated in Jakarta
on 30 March 2007
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed
MARI ELKA PANGESTU

Certified True Copy,
Secretariat General of Trade Ministry
on behalf of Chief of Legal Bureau,
Head of Legal Drafting and
Assessment for Foreign Trade
seal and signature
LASMININGSIH, SH, LLM

Attachment to REGULATION OF THE MINISTER OF TRADE OF REPUBLIC OF INDONESIA
No. 15/M-DAG/PER/3/2007

REGULATION OF THE MINISTER OF TRADE OF REPUBLIC OF INDONESIA No. 15/M-DAG/PER/3/2007

CONCERNING PROVISIONS OF IMPORTED COLOR MULTIFUNCTION MACHINES, COLOR PHOTOCOPYING MACHINES AND COLOR PRINTER MACHINES