REGULATION OF THE MINISTER OF TRADE
No. 56/M-DAG/PER/12/2008

CONCERNING
PROVISION ON IMPORT OF CERTAIN PRODUCTS

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that in a bid to preserve Indonesian economic growth, it is necessary to create fair trade and conducive business climate;
• b. that based on the consideration as described in a, it is necessary to take policy measures in the field of the import of certain products;
• c. that based on the considerations in a and b, it is necessary to stipulate a regulation of the Minister of Trade;

In view of:

• 1. Trade Law 1934 (Statute Book of 1938 No. 86);
• 2. Law of the Republic of Indonesia No. 5/1984 concerning Industry (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
• 3. Law of the Republic of Indonesia No. 23/1992 concerning Health (Statute Book of the Republic of Indonesia No. 100/1992, Supplement to Statute Book of the Republic of Indonesia No. 3495);
• 4. Law of the Republic of Indonesia No. 7/1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
• 5. Law of the Republic of Indonesia No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) that is amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
• 6. Law of the Republic of Indonesia No. 7/1996 concerning Food (Statute Book of the Republic of Indonesia No. 99/1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);
• 7. Law of the Republic of Indonesia No. 36/2000 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2000 concerning Free Trade Zone and Free Port to Become A Law (Statute Book of the Republic of Indonesia No. 251/2000, Supplement to Statute Book of the Republic of Indonesia No. 4053) that is amended by Law No. 44/2007 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2007 to become a law (Statute Book of the Republic of Indonesia No. 130/2007, Supplement to Statute Book of the Republic of Indonesia No. 4775;
• 8. Government Regulation No. 102/2000 concerning National Standardization (Statute Book of the Republic of Indonesia No. 199/2000, Supplement to Statute Book of the Republic of Indonesia No. 4020);
• 9. Presidential Decision No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
• 10. Presidential Decision No. 187/M/2004 concerning the Establishment of United Indonesia Cabinet that is amended several times and the latest by Presidential Decision No. 171/M/2005;
• 11. Presidential Regulation No. 9/2005 concerning Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries of the Republic of Indonesia that is amended several times and the latest by Presidential Regulation No. 20/2008;
• 12. Presidential Regulation No. 10/2005 concerning First Echelon Organizational Units and Tasks of State Ministries of the Republic of Indonesia that is amended several times and the latest by Presidential Regulation No. 21/2008;
• 13. Decision of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 concerning General Provisions in Import;
• 14.Decision of the Minister of Industry and Trade No. 141/MPP/Kep/3/2002 concerning Special Importer Identity Number (NPIK) that is amended by Regulation of the Minister of Trade No. 07/M-DAG/PER/3/2008;
• 15. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning The Organization and Working Arrangement of the Ministry of Trade that is amended several times and the latest by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
• 16. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007 concerning Importer's Identity Number (API);
• 17. Regulation of the Minister of Trade No. 15/M-DAG/PER/5/2008 concerning Provision on the Import of Textile and Textile Products;

HAS DECIDED:

To stipulate:

THE REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION ON THE IMPORT OF CERTAIN PRODUCTS

Article 1

In this regulation :

• 1. "Import" refers to an activity of importing goods into customs area.
• 2. "Certain products" refers to produces subject to import provision on the basis of this regulation, covering foods and beverages, clothing, footwear, electronic goods and children toys.
• 3. "Approved Importer of Certain Products" hereinafter abbreviated as IT of Certain Products refers to companies importing certain products.
• 4. "Technical verification" or inquiry into import refers to technical inspection of certain products in loading port of goods, executed by surveyor.
• 5. "Surveyor" refers to a company authorized to verify or inquire technically imported goods.
• 6. "Minister" refers to the Minister of Trade.
• 7. "Director General" refers to the Director General of Foreign Trade.
• 8. "Director" refers to the Director of Import.

Article 2

(1) Certain products which may be imported shall be as contained in Attachment I to this regulation that is inseparable part of this regulation.

(2) The certain products may only be imported by companies stipulated as Approved Importers of Certain Products (IT of Certain Products).

(3) Application for securing the appointment as IT of Certain Products as described in paragraph (2) shall be submitted in writing to the Director by enclosing the following documents:

• a. Copt of Importer Identity Number (API);
• b. Copy of Corporate Registry Number (TDP);
• c. Copy of Taxpayer Code Number (NPWP);
• d. Copy of Special Importer Identity Number (NPIK) for certain products whose import is subject to provision concerning NPIK;
• e. Copy of Customs Identity Number (NIK);
• f. Import plan for one year, covering quantity, kinds of goods, tariff heading/HS 10 (ten) digits and destination port.

(4) The Director on behalf of the Minister shall issue stipulation as IT of Certain Products in not later than 7 (seven) working days as from the date of receipt of complete and true application.

Article 3

The stipulation as IT of Certain Products as described in Article 2 shall apply until the expiration of this regulation.

Article 4

(1) Companies already securing the stipulation as IT of Certain Products shall submit written report on the realization of the import of certain products.

(2) The report as described in paragraph (1) shall be submitted to the Director every three months, in not later than the 15th of the ensuing month.

(3) The model of the written report on the realization of import by IT of Certain Products as described in paragraph (1) shall be as contained in Attachment II that is inseparable part of this regulation.

Article 5

(1) The import of certain products by IT of Certain Product may be only realized through destination ports:

• a. seaport: Belawan in Medan, Tanjung Priok in Jakarta, Tanjung Emas in Semarang, Tanjung Perak in Surabaya, and Soekarno Hatta in Makassar; and/or
• b. all international airports.

(2) The import of certain products by IT of Certain Products for the need of free trade zones and free ports shall be governed in accordance with the provisions of legislation concerning free trade zones and free ports.

Article 6

(1) The certain products imported by IT of Certain Products shall be verified or inquired technically first by surveyor at loading port before the shipment.

(2) Result of the technical verification or inquiry by surveyor as described in paragraph (1) shall be written down into surveyor report (LS) to be used as a customs complementary document in the settlement of customs obligations in the import field.

(3) All costs of the technical verification or inquiry by the surveyors as described in paragraph (1) and paragraph (2) shall be borne by the said IT of Certain Products.

Article 7

(1) The technical verification or inquiry as described in Article 6 paragraph (1) shall be executed by surveyors stipulated by the Minister.

(2) The appointed surveyors as described in paragraph (1) shall comply with the following requirements:

• a. having a business license to conduct survey (SIUJS);
• b. having experience as surveyor for 5 (five) years at the minimum;
• c. having branch or representative and/or affiliate abroad and having network to support effectiveness of verification service; and
• d. having good track record in the field d management of import verification.

(3) The surveyors as described in paragraph (1) shall be obliged to convey a written report on recapitulation of technical verification and inquiry into the import of certain products to the Director General in this case the Director, every month on the 15th of the ensuing month.

Article 8

Violation of the provisions in this regulation by IT of Certain Products shall be liable to revocation of stipulation as IT of Certain Products.

Article 9

Importers importing certain products not complying with the provisions in this regulation shall be subject to sanction in accordance with the provisions of legislation.

Article 10

Surveyors not implementing the obligation as described in Article 7 paragraph (3) shall be subject to sanction in the form of revocation of stipulation as surveyors of certain products.

Article 11

The provisions in this regulation shall not apply to the import of:

• a. Certain products covered in Article 25 paragraph (1) and Article 26 paragraph (1) of Law No. 10/1995 concerning Customs that is amended by Law No. 17/2006;
• b. Certain Products in the form of gifts and/or luggage maximally valued at FOB US$ 1,500.00 (one thousand and five hundred US Dollars) per person by using airplane;
• c. Certain products for the need of upstream activities of petroleum and natural gas, geothermal and mineral as well as other energy sector;
• d. Certain products imported by Producer Importers (PI) as capital goods and/or raw materials related their industry;
• e. Certain products imported provisionally; and
• f. Certain products processed in bonded zones and released from bonded zones to other Indonesian customs area.

Article 12

With the enforcement of this regulation:

• 1. The appointment as IT of Certain Products already issued on the basis of Regulation of the Minister of Trade NO. 44/M-DAG/PER/10/2008 concerning Provision on the Import of Certain Products as already amended by Regulation of the Minister of Trade No. 52/M-DAG/PER/12/2008 shall remain effective until the expiration of this regulation and hereinafter read Stipulation as IT of Certain Products;
• 2. The appointment as surveyors already issued on the basis of Decision of the Minister of Trade No. 793/M-DAG/KEP/11/2008 concerning Stipulation of Surveyors as the Executors of Technical Verification and Inquiry into the Import of Certain Products that is amended by Regulation of the Minister of Trade No. 52/M-DAG/PER/12/2008 shall be declared to remain valid until the expiration of this regulation and hereinafter read Stipulation as Surveyor;
• 3. Provisions of legislation related to the import of food and beverage products, clothing, footwear, electronic and children toys shall be declared to remain effective as long as they do not contravene this regulation; and
• 4. Regulation of the Minister of Trade No. 44/M-DAG/PER/10/2008 concerning Provision on the Import of Certain Products that is amended by Regulation of the Minister of Trade No. 52/M-DAG/PER/12/2008 shall be revoked and declared null and void.

Article 13

The Director General may regulate further provisions related to this regulation.

Article 14

(1) The provision on LS as a document which must be submitted by IT of Certain Products for use as customs complementary document in the settlement of customs obligations in the import field as described in Article 6 paragraph (2) shall apply to clothing as from January 1, 2009.

(2) The provision on LS as a document which must be submitted by IT of Certain Products for use as customs complementary document in the settlement of customs obligations in the import field as described in Article 6 paragraph (2) shall apply to food and beverage, footwear, electronics and children toy as from February 1, 2009.

Article 15

The implementation of this regulation shall be evaluated one year following the date of enforcement.

Article 16

This regulation shall start applying on January 1, 2009 and expire on December 31, 2010.

For public cognizance, the regulation shall be published by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On December 24, 2008
THE MINISTER OFTRADE
signed,
MARI ELKA PANGESTU