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DECISION OF THE DIRECTOR GENERAL OF FOREIGN TRADE
No. 18/DAGLU/KP/VII/2003

ON
IMPLEMENTING GUIDANCE OF DECREE OF THE MINISTER OF INDUSTRY AND TRADE
NO. 458/MPP/KEP/7/2003
ON
THE PROVISIONS AND PROCEDURES FOR THE IMPORT OF CITY AND URBAN BUSES
IN NON NEW CONDITION

DIRECTOR GENERAL OF FOREIGN TRADE,

Considering :

In View of :

DECIDES :

To stipulate :

DECREE OF THE DIRECTOR GENERAL OF FOREIGN TRADE ON IMPLEMENTING GUIDANCE OF DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 458/MPP/KEP/7/2003 ON THE PROVISIONS AND PROCEDURES FOR THE IMPORT OF CITY AND URBAN BUSES IN NON NEW CONDITION

Article 1

Hereinafter referred to as:

(1) Experienced company trade of imported cars and experienced in the field of goods import shall be Importer of four or more wheeled vehicles who has Importer's Identity Number (API)

(2) Recognition as Importer of Non-New Buses shall be an acknowledgment issued by the Director General of Foreign Trade to the Company as contemplated in point 1.

(3) COI (Certificate of Inspection) is a certificate issued by the Surveyor based on the results of technical examination that is conducted in the loading country as contemplated in Decree of the Minister of Industry and Trade No. 458/MPP/Kepl7/2003.

(4) 1 (one) to 1 (one) ratio shall be the ratio of purchasing of domestically produced city buses and urban buses in new condition and city buses and urban buses in non-new condition that are imported by the Non-New Bus Importer, that is liability of the Bus Operator.

(5) Surveyor shall be PT. Surveyor Indonesia and PT. Sucofindo who is appointed by the Minister of Industry and Trade in accordance with the Decree of the Minister of Industry and Trade No. 480/MPP/Kep/7/2003.

Article 2

(1) City buses and urban buses in non-new condition that can be imported in the first phase is maximum 25 % (twenty five percent) of the import plan proposed by the Non-New Bus Importer.

(2) Import approval for next phases can be given after the Non-New Bus Importer has presented proof of previous import realization and proof of realization of purchase of domestically produced new buses from the relevant Operator of City Buses /Urban Buses.

Article 3

(1) Experienced company as contemplated in Article 1 point 1 may apply for Recognition as Importer of Non-New Buses to the Director General of Foreign Trade, Ministry of Industry and Trade.

(2) Written application for Recognition as Importer of Non-New Buses as contemplated in paragraph (1) shall be conducted by using form of Application Letter of the Non-New Bus Importer (SPIB3) as specified in Attachment 1 by enclosing:

(3) on the application as contemplated in paragraph (2) above, the Director General of Foreign Trade will issue either recognition or rejection of the application within 10 (ten) working days.

(4) Substance of Recognition as Importer of Non-New Buses is as specified in Attachment 2.

Article 4

(1) Every time importing non-new buses, the Non-New Bus Importer as contemplated in Article 3 must obtain a prior import approval from the Director General of Foreign Trade, the Ministry of Industry and Trade.

(2) Application for approval to import non-new buses as contemplated in paragraph 1) shall be conducted by using form SP-IB3 as specified in Attachment 3 to this Decision by enclosing:

Article 5

(1) Approval to import non-new buses as referred to in Article 4 shall not be transferred to third party.

(2) Non-new city buses may only be traded or transferred 5 (five) years after being operation by the relevant bus operator.

(3) Implementation of non-new buses import by the Non-New Bus Importer shall be reported to the Director General of Foreign Trade cq. the Director of Import by using import card control as in Attachment 4 to this Decision.

Article 6

(1) Technical examination must be conducted by the Surveyor to every importation of non-new buses before shipping.

(2) The results of technical examination as contemplated in paragraph (1) shall be compiled in the form of Certificate of Inspection (COI).

(3) The Certificate of Inspection (COI) as meant in paragraph (2) is used as one of prerequisites for issuance of Type Registration Certificate (TPT).

(4) Costs for survey examination of non-new city bus import shall be liability of the Non-New Bus Importer.

Article 7

Any delay or other faults in issuing the Certificate of Examination (COI) that is resulted from the Surveyor's negligence, either purposely or not, shall be liability of the Surveyor in accordance with the provisions applicable in the International Federation of Inspection Agency (IFIA).

Article 8

(1) The Surveyor is obliged to submit written report of the results of technical examination of the import f non-new buses to the Director General of Foreign Trade and The Director General of Metal, Machine, Electronic and Miscellaneous Industry periodically every 3 (three) months.

(2) In the event the Surveyor neglects to submit written report as contemplated in paragraph (1) above, the Director General of Foreign Trade shall warn and propose for revocation of the appointment as Surveyor.

Article 9

Any violation as contemplated in Article 5 shall be subjected to penalties in the form of freezing or revocation of recognition as Non Nee Bus Importer and/or SIUP.

Article 10

This Decree shall come to effect as from the date of stipulation.

Stipulated in Jakarta
On July 29, 2003
DIRECTOR GENERAL OF FOREIGN TRADE
sgd.
SUDAR S.A.

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