REGULATION OF THE MINISTER OF TRADE
No. 31/M-DAG/PER/7/2007

CONCERNING
IMPORTER IDENTIFICATION NUMBER (API)

THE MINISTER OF TRADE,

Attachment

Considering:

• a. that Importer Identity Number or API as identity which must be owned by importers in undertaking the import of goods, as an instrument used by the government in the framework of arranging the implementation of foreign trade policy in the import field;
• b. that the existing provisions on API have not covered all activities of the import of goods conducted for certain business activities such as upstream petroleum and natural gas business activities, business activities in the service industry needing capital goods and equipment to support their business activities;
• c. that upstream petroleum and natural gas business activities are specific activities based on cooperation contract between the government and production sharing contractors so that in the framework of ensuring the smooth import of goods for the need of upstream petroleum and natural gas business activities by production sharing contracts, it is necessary to regulate the issuance of API specifically;
• d. that in order to enhance effectiveness of the implementation of provisions on API, it is necessary to adjust and revoke Decree of the Minister of Industry and Trade No. 40/MPP/KEP/1/2003 concerning Importer Identity Number (API);
• e. that based on the considerations as meant in letters a, b, c and letter d, it is necessary to stipulate the Minister of Trade Regulation;

In view of:

• 1. Trade Ordinance of 1934 (Statute Book of 1938 No. 86) as already amended and supplemented;
• 2. Law No. 3/1982 concerning Corporate Registry Number (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214);
• 3. Law No. 7/1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);
• 4. Law No. 10/1995 concerning Customs Affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612) as already amended by Law No. 17/2006 (Statute Book of 2006 No. 93, Supplement to Statute Book No. 4661);
• 5. Law No. 22/2001 concerning Petroleum and Natural Gas (Statute Book of 2001 No. 136, Supplement to Statute Book No. 4152);
• 6. Law No. 32/2004 on Regional Administration (Statute Book of 2004 No. 60, Supplement to Statute Book No. 3839);
• 7. Government Regulation No. 42/2002 concerning the Executive Board of Upstream Petroleum and Natural Gas Business Activities (Statute Book of 2002 No. 81, Supplement to Statute Book No. 4216);
• 8. Government Regulation No. 38/2007 concerning Division of Administration Affairs between the Government, Provincial Governments and Regental/Municipal Governments (Statute Book of 2007 No. 82, Supplement to Statute Book No. 4737);
• 9. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Finance in the Foreign Trade Sector;
• 10. Presidential Decree No. 187/M/2005 concerning the Establishment of the United Indonesia Cabinet as already amended several times and the latest by Presidential Decree No. 171/P/2005;
• l1. Presidential Regulation No. 9/2005 concerning Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries as already amended several times and the latest by Presidential Regulation No. 94/2006;
• 12. Presidential Regulation No. 10/2005 on First-Echelon Organizational Units and Tasks of State Ministries as already amended several times and the latest by Presidential Regulation No. 7/2007;
• 13. Decree of the Minister of Industry and Trade No. 229/MPP/KEP/7/1997 on General Provisions in the Import Sector;
• 14. Decree of the Minister of Industry and Trade No. 230/MPP/KEP/7/1997 concerning Goods subject to import control as already amended several times and the latest by Decree of the Minister of Industry and Trade No. 789/MPP/KEP/12/2002;
• 15. Decree of the Minister of Industry and Trade No. 12/MPP/KEP/1/1998 on the Implementation of Corporate Registry Number (WDP);
• 16. Joint Decree of the Minister of Finance and Minister of Industry and Trade No. 527/KMK.04/2002 and No. 819/MPP/KEP/12/2002 concerning General Administrative Guidelines of the Ministry of Trade;
• 17. Decree of the Minister of Trade of The Republic of Indonesia No. 366/M-DAG/KEP/12/2005 concerning General Administration Direction of Ministry of Trade;
• 18. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organization and Working Arrangement of the Ministry of Trade as already amended by Regulation of the Minister of Trade No. 22/M-DAG/PER/5/2007;
• 19. Regulation of the Minister of Trade No. 09/M-DAG/PER/3/2006 concerning Standard Provisions on the Issuance of Trading Business License (SIUP);

HAS DECIDED:

To repeal:

• 1. Decree of the Minister of Industry and Trade No. 4O/MPP/KEP/1/2003 on Importer Identity Number (API);
• 2. Decree of the Minister of Industry and Trade No. 14/MPP/KEP/6/2003 on Delegation of Authority to Issue Approval of the Import of Goods without API;

To stipulate:

MINISTER OF TRADE REGULATION CONCERNING IMPORTER IDENTITY NUMBER (API)

Article 1

In this Minister Regulation, the meaning of:

• 1. Import shall be an activity of importing goods into the Indonesian Customs Area.
• 2. Importer Identity Number abbreviated to API shall be identity as importer which must be owned by every company undertaking the import.
• 3. Importer shall be company owning API that imports goods.
• 4. Trade Company shall be business entity either individual or aliLance in the form of statutory body or non statutory body domiciled in Indonesia and undertaking trading activities of goods and service.
• 5. Manufacturer shall be qusiness entity undertaking activity in the industrial business.
• 6. Production Sharing Contractor, hereinafter called PSC shall be business entity or permanent establishment authorized to undertake exploration and exploitation in a working area on the basis of production sharing contract with the executive board.
• 7. The Executive Board of Upstream Petroleum and Natural Gas Business Activities, hereinafter called the Executive Board shall be an agency established to control upstream business activities in the petroleum and natural gas field.
• 8. Corporate Branch shall be a company being unit or part of principal company which can be domiciled in different location and can be independent or be assigned to execute part of task of the principal company.
• 9. Minister shall be the Minister in charge of trading affairs.
• 10. Director General shall the Director General of Foreign Trade.
• l1. Provincial Service shall be an institution in the provincial government, which is in charge of trading affairs.
• 12. Regental/Municipal Service shall be institution in regental/municipal government in charge of trading affairs.

Article 2

Import only can be realized by trading companies, manufacturers, Production sharing contractors or investment companies already securing API.

Article 3

(1) The import as meant in Article 2 can be implemented without API, in case of;

• a. personal effect;
• b. temporary imported goods;
• c. promotional goods;
• d. goods for the need of scientific research and development;
• e. delivery goods, gifts for the need of general worship, charity, social, culture or natural disaster mitigation;
• f. medicines using the budget of the government, which are destined to public interests;
• g. goods already exported for the need of repairing, working and assessment;
• h. exported goods denied by buyers abroad and later re-imported in the same quantity as the quantity upon exporting;
• i. goods of representatives of foreign countries along with their officials assigned in Indonesia on the basis of reciprocal principles;
• j. goods for the need of international agencies along with their officials assigned in Indonesia; or
• k. samples not destined to trade.

(2) The import can be realized without API in the case of:

• a. the import being not continuous and being not destined to trade or transfer; and
• b. the imported goods being goods for the need of other purposes which constitute instrument to support the smooth production or tool of infrastructure development.

Article 4

The import without API as meant in Article 3 shall secure Import Approval signed by the Director of Import.

Article 5

(1) API shall consist of:

• a. General Importer Identity Number (API-U);
• b. Producer Importer Identity Number (API-P);
• c. Approved Importer Identity Number (API-T);
• d. Special Importer Identity Nymber (API-K);

(2) API shall apply to eyery activity of the import throughout the Indonesian Customs Area.

(3) API-U, API-P and API-T shall apply to head offices and all branch offices.

(4) API-K shall apply to every contract owned by production sharing contractors.

Article 6

(1) API-U shall be owned by every trading company undertaking the import.

(2) API-P shall be owned by every manufacturer undertaking the import.

(3) API-T shall be owned by every investment company undertaking the import.

(4) API-K shall be owned by every production sharing contractor undertaking the import.

Article 7

API-P shall be granted to manufacturers importing capital goods and raw materials or auxiliary materials for the need of their production process or other goods as long as they are use for the need of the manufacturers.

Article 8

API or Import Approval without API shall be requirement for:

• a. importing goods through the opening of L/C at foreign exchange banks and/or other common methods effective in international trade transaction; and/or
• b. issuing Declaration of Importing Goods (PIB);

Article 9

Owners of API and import approval without API shall be responsible fully for the implementation of the import, which is realized by using API or Import Approval Without API that they own.

Article 10

(1) API-U and API-P shall be issued on behalf of the Minister by heads of provincial service where the headquarter of the company is domiciled.

(2) API-K shall be issued by the Director General on behalf of the Minister.

Article 11

(1) Every trading company only may have one API-U and may not have APTof other kind.

(2) Every manufacturer only may have one API-P and may not have API of other kind.

(3) Every PSC only may have one API -K and may not have API of other kind.

Article 12

(1) Trading companies planning to obtain API shall submit application by completing the completing form as contained in specimen in Attachment I to this regulation, to the Head of Provincial Service with a copy made available to the Head of Regental/Municipal Service where the head office of the company is domiciled by enclosing:

• a. copy of notary deed of establishment of the company and amendments;
• b. names and composition of executives/directors of the company (original);
• c. copy of certificate of domiciles of head office of the companYI which rellj1ains valid from the local sub-district office or copy of rent agreement/contract of business places;
• d. copy of trading business license (SIUP)/equivalent license from institution concerned;
• e. copy of corporate registry number (TDP);
• f. copy of taxpayer code number (NPWP) of company or individual and personnel in charge of the company;
• g. reference from foreign exchange bank;
• h. two sheets of color photo sizing 3 x 4 cm; and
• i. copy of passport/citizenship identity card of executives directors.

(2) Manufacturers planning to obtain API-P shall submit application by completing the completing form as contained in specimen in Attachment I to this regulationl to the Head of Provincial Service with a copy made available to the Head of Regental/Municipal Service where the head office of the company is domiciled by enclosing:

• a. copy of notary deed of establishment of the company and amendments;
• b. names and composition of executives/directors of the company (original);
• c. copy of certificate of domiciles of head office of the companYI which remains valid from the local sub-district office or copy of rent agreement/contract of business places;
• d. copy of trading business license (SIUP)/equivalent license from institution concerned;
• e. copy of corporate registry number (TDP);
• f. copy of taxpayer code number (NPWP) of company or individual and personnel in charge of the company;
• g. reference from foreign exchange bank;
• h. two sheets of color photo sizing 3 x 4 cm; and
• i. copy of passport/citizenship identity card of executives directors.

(3) The applications and copies as meant in paragraphs (1) and (2) can be conveyed:

• a. through delivery service provider; or
• b. directly to the head of provincial service and head of regental/municipal service.

(4) PSC planning to obtain API-K shall convey application to the Director General by completing the completing form as contained in specimen in Attachment I to this regulationl by enclosing:

• a. copy of production sharing contract between PSC and the government/executive board;
• b. recommendation from the executive board;
• c. copy of taxpayer code number '(NPWP) of PSC;
• d. two sheets of color photo of the respective personnel in charge of PSC1 sizing 3 x 4 cm; and
• e. copy of identities/passports of the respective personnel in charge of PSC.

Article 13

(1) Based on copy of the application for API as meant in Article 12 paragraphs (1) and (2)1 Head of Regental/Municipal Service shall undertake site inspection in not later than 3 (three) working days as from the date of receipt of the copy of application.

(2) In the case of the inspection as meant in paragraph (1) being unable to complete on timel Provincial Service an undertake site inspection completed in not later than 10 (ten) working days as from the date of receipt of application.

(3) Result pf the inspection as meant in paragraph (1) shall be mentioned in Inspection Protocol with specimen as contained in Attachment III-a to this regulation and signed by head of regental/municipal service as well as employee of regental/municipal service undertaking site inspection.

(4) Head of Regental/Municipal Service shall convey the protocol as meant in paragraph (3) to head of provincial service in not later than 2 (two) working days as from the date of signing of the protocol.

Article 14

(1) If site inspection is needed tp ascertain the truth of documents submitted by appiicant of API-K as meant in Article 12 paragraph (4), the Director General can assign employee within the Directorate General of Foreign Trade, Ministry of Trade.

(2) Result of the inspection as meant in paragraph (1) shall be mentioned in Inspection Protocol with specimen as contained in Attachment III -a to this regulation and signed by the Director of Import on behalf of the Director General as well as employee undertaking site inspection.

Article 15

(1) Models of API-U, API-P and API-K as meant in Article 5 shall be as contained in Attachments IV, V and VI to this regulation.

(2) API-U shall be light blue, API-P shall be light green and API-K shall be light yellow.

Article 16

(1) Heads of provincial service shall issue API-U/API-P or turn down application for API-U/API-P as meant in Article 12 paragraphs (1) and (2) in not later than 3 (three) working days as from the date of receipt of the protocol as meant in Article 13 paragraph (3).

(2) Heads of Provincial service shall convey copy of APIU, API-P to the Director of Import and heads of Regental/Municipal service making the protocol.

(3) The rejection as meant in paragraph (1) shall be conveyed to applicant with a copy made avaiiable to heads of Regental/Municipal service making the protocol.

(4) Specimen of the rejection as meant in paragraph (1) shall be as contained in Attachment VII -a to this regulation.

Article 17

(1) The Director General shall issue API-K or turn down application for API-K as meant in Article 12 paragraph (3) in not later than 3 (three) working days as from the date of receipt of application for the issuance of API-K.

(2) In case of the site inspection as meant in Article 14 being needed, approval or rejection of the application as meant in Article 14 paragraph (4) shall be issued in not later than 3 (three) working days as from the date of completion of the protocol.

(3) The Director General shall convey copy of API-K to the Head of the Executive Board in 3 (three) working days after the date of issuance.

(4) The rejection as meant in paragraph (1) shall be conveyed to the applicant with a copy made avaiiable to the Head of the Executive Board and the Director General of Customs and Excise of the Ministry of Finance.

(5) Specimen of the rejection as meant in paragraph (1) shall be as contained in Attachment VII -b to this regulation.

Article 18

Validity period of API-U, API-P and API-K shall be five years, starting from the date of issuance and can be extended.

Article 19

(1) Companies owning API-U and API-P shall report the realization of the import whether the import exists or not, every 3 (three) months to heads of provincial service with a copy made avaiiable to heads of regental/municipal service where the companies are domiciled.

(2) PSC having API -K shall report recapitulation of the realization of the import every six months to the Director General in this the Director of Import.

(3) Heads of Provincial Service shall convey report on recapitulation of the realization of the import of the respective companies owning API-O qnd API-P every year to the Director General.

Article 20

(1) Companies owning API-U and API-P shall report any change related to their companies not later than 30 (thirty) days as from the date of the change to Heads of Provincial Service with a copy made available to the heads of regental/municipal services where the companies are domiciled.

(2) The change as meant in paragraph (1) shall cover:

• a. every change in model of business entity, composition of executives/executive directors, address ofcompanies, trading business license (SIUP), equivalent license from related institution, and/or corporate registry number (TDP) in the case of companies owning API-U.
• b. every change in model of business entity, kind of industrial business, composition of executives, address of company and/or corporate registry number (TDP), in the case of companies having API-P.

(3) Specimen of the report on change as meant in paragraph (2) letter a shall be as contained in Attachments VIlla and VIII-b to this regulation.

(4) Specimen of the report on change as meant in paragraph (2) letter b shall be as contained in Attachments VIlla and VIII-b to this regulation.

(5) The report on the change as meant in paragraph (2) shall be made in duplicate and must be validated by heads of provincial service with a copy made available to the Director of Import.

(6) Heads of Provincial Service shall convey report on the change as meant in paragraph (5) respectively to heads of regental/municipal services in location where the companies are domiciled and the companies.

(7) The report on the change as meant in paragraph (5) shall constitute a totality inseparable from API of the said companies.

Article 21

(1) PSC having API-K shall report any change related to identity and/or other matters related to the said PSCin not later than 30 (thirty) days as from the date of the change to the Director General through the Head of the Executive Board.

(2) The Head of the Executive Board or the appointed official shall convey every report on the change as meant in paragraph (1) to the Director General in not later than five) days after the date of receipt of the report from PSc.

(3) Specimen of the report on change as meant in paragraph (2) letter b shall be as contained in Attachments VIIIc and VIII-d to this regulation.

(4) The report on the change as meant in paragraph (1) shall be made in duplicate and must be validakdby the Director General with a copy made available to the Executive Board.

(5) The Director Import shall convey report on the change as meant in paragraph (4) to PSc.

(6) The report on the change as meant in paragraph (5) shall constitute a totality inseparable from API-K of the said PSC.

Article 22

(1) API can be frozen if the companies owning API and/or executives/directors of companies having API/personnel in charge of PSC having API-K:

• a. being in the course of investigation by authorized investigators because the relevant allegedly commits crime related to the misuse of API;
• b. allegedly conveying untrue information or data upon submitting application for API;
• c. not fulfilling the obligations as meant in Articles 19, 20 and/Or 21; or
• d. allegedly violating the provisions in force in the import field.

(2) Specimen of letter of freezing as meant in paragraph (1) shall be as contained in Attachments IX-a and X-b to this regulation.

Article 23

(1) The frozen API as meant in Article 22 can be reactivated in the case of:

• a. investigator already issuing order to discontinue investigation and/or the relevant being declared not guilty/exempt from all legal charges already having fixed legal power by enclosing of decision of the court;
• b. the relevant being not proven conveying untrue information or data upon submitting application for API as meant in Article 21 letter b;
• c. the relevant already executing the obligations as meant in Articles 19, 20 .- and/or 21; or
• d. the relevant being not proven violating the provision in.the import field as meant in Article 22 letter d.

(2) Specimen of letter of re-activation as meant in paragraph (1) shall be as contained in Attachments X-a and X-b to this regulation.

Article 24

(1) API shall be revoked if the companies owning API and/or executives/directors of companies having API/personnel in charge of PSChaving API-K:

• a. have their API frozen twice;
• b. do not fulfill the obligations as meant in Articles 19, 20 and 21 in not later than 30 (thirty) days as from the date of freezing;
• c. falsify and/or misuse import documents and import-related documents; or
• d. are declared guilty by the court for committing the crime related to the misuse of API and already having fixed legal power.
• e. punish by court for crime related with misuse of API and has fixed law decision.

(2) Specimen of letter of revocation as meant in paragraph (1) shall be as contained in Attachments XI-a and XI-b to this regulation.

Article 25

(1) In case of API being revoked as meant in Article 24 letter a and/or letter b, the companies only can submit application for new API after one year as from the date of revocation of API.

(2) In case of API being revoked as meant in Article 24 letters c, d and/or e, the companies only can submit application for new API after five years as from the date of revocation of API.

(3) In case of API-K being revoked as meant in Article 24, PSC only can submit application for . I new API after securing recommendation from the Head of the Executive Board declaring credibility of the said PSC.

(4) Applicarits of API as meant in paragraphs (1) and (2) shall be obliged:

• a. to abide by the provision as meant in Article 11 of this regulation; and,
• b. to return the original API already revoked.

Article 26

{l) Freezing re-activation of API-P and API-U as meant in Articles 22, 23 and 24 shall be done on behalf of the Minister by heads of provincial service issuing API.

(2) Freezing, re-activation and revocation of API -K as meant in Articles 22, 23 and 24 shall be done on behalf of the Minister by the Director General.

(3) Heads of Provincial Seryice shall convey letter of notification about Freezing, re-activation and revocation of API-P and API-U as meant in Articles 22, 23 and 24 to the said companies with a copy made available to the Director of Import and Heads of Regental/Municipal Service where the companies are domiciled.

(4) Copy of the letter of notification as meant in paragraph (3) shall be conveyed to the Director General of Customs and Procedures for the need of custom procedures in the import field.

Article 27

(1) Every API-U and API-P issued shall be numbered, which consists of nine digits as meant in specimen hi Attachment XX to this regulation, composed of:

• a. the first two digits for code number of province stipulated as contained in Attachment XIII to this regulation;
• b. the following two digits for code number of regency/city according to the code numbers stipulated in the said province;
• c. the last five digits for serial number of the issued API.

(2) In the case of any change in number of regions thus changing code number of province, the new code number shall be stiplJlated by the Director General.

(3) Every API-K, which is issued, shall be numbered in accordance with provisions in general administrative guidelines of the Ministry of Finance .

Article 28

Provisions on API-T as meant in Article 4 paragraph (1) shall be regulated specifically through a regulation of the Minister.

Article 29

Technical provisions of this regulation can be ruled further by the Director General.

Article 30

API-U and API-P issued before the stipulation of this regulation shall be declared to remain effective until expiring and abide by the provisions in this regulation.

Article 31

The regulation shall come into force as from the date of stipulation.

For Public notice, the regulation shall be published in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On July 20, 2007
THE MINISTER OF TRADE
Signed
MARI ELKA PANGESTU

LIST OF ATTACHMENT

NOMOR: 31/M-DAG/PER/7/2007
DATE: 20 JULY 2007

• A. ATTACHMENT I : Form To Propose Importer Identity Number
• B. ATTACHMENT II : Form To Propose Special Importer Identity Number
• C. ATTACHMENT III : Checking Warrant
• D. ATTACHMENT IV : General - Importer Identity Number
• E. ATTACHMENT V : Producer - Importer Identity Number
• F. ATTACHMENT VI : Special - Importer Identity Number
• G. ATTACHMENT VII-a : Rejection of General/Producer Importer Identity Number
• H. ATTACHMENT VII-b : Rejection of Special Importer Identity Number
• I. ATTACHMENT VIII-a : Changing of Company Management
• J. ATTACHMENT VIII-b : Changing of Business Entity, Address, Tax Identity Number, Company Registration
• K. ATTACHMENT IX-a : Freezing of General/Producer Importer Identity Number
• L. ATTACHMENT IX-b : Freezing of Special Importer Identity Number
• M. ATTACHMENT X-a : Reactivated of General/Producer Importer Identity Number
• N. ATTACHMENT X-b : Reactivated of Special Importer Identity Number
• O. ATTACHMENT XI-a : Revoking General/Producer Importer Identity Number
• P. ATTACHMENT XI-b : Revoking Special Importer Identity Number
• Q. ATTACHMENT XII : List of Importer Identity Number of Province
• R. ATTACHMENT XIII : Sample of Coding for Province, Regency/City