REGULATION OF THE MINISTER OF TRADE
No. 17/M-DAG/PER/3/2010

CONCERNING
AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE NO. 45/M-DAG/PER/9/2009
CONCERNING IMPORTER'S IDENTITY NUMBER (API)

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

Considering:

• a. that as part of efforts to increase business certainty and help speed up services to the business world to increase the realization of investment, it is necessary to amend provisions on importer's identification number (API);
• b. that based on consideration in a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

• 1. Trade Law 1934 (Statute Book No. 86/1938);
• 2. Law No. 3/1982 concerning Corporate Registration Number (Statute Book No. 7/1982, Supplement to Statute Book No. 3214);
• 3. Law No. 5/1984 concerning Industry (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);
• 4. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
• 5. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
• 6. Law No. 5/1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3817);
• 7. Law No. 32/2004 concerning Regional Government (Statute Book No. 60/2004, Supplement to Statute Book No. 3839) as amended by Law No. 8/2005 (Statute Book No. 108/2005, Supplement to Statute Book No. 4548);
• 8. Law No. 25/2007 concerning Investment (Statute Book No. 67/2007, Supplement to Statute Book No. 4724);
• 9. Law No. 40/2007 concerning Limited Liability Company (Statute Book No. 106/2007, Supplement to Statute Book No. 4756);
• 10. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
• 11. Government Regulation No. 38/2007 concerning Division of Administration Affairs between the Government, Provincial Governments and Regent/Municipal Governments (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
• 12. Presidential Decision No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Finance in the Foreign Trade Sector;
• 13. Presidential Decision No. 10/2005 concerning the Organization Unit and Tasks of First Echelon of State Ministries of the Republic of Indonesia that is amended several times, the latest by Presidential Regulation No. 50/2008;
• 14. Presidential Regulation No. 27/2009 concerning One Stop Integrated Service in the Investment Field;
• 15. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;
• 16. Presidential Decision No. 84/P/2009 concerning Establishment of Second Unity Indonesia Cabinet;
• 17. 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 amended by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;
• 18. Decision of the Minister of Trade No. 366/M-DAG/KEP/12/2005 concerning General Administrative Guidance of the Ministry of Trade;
• 19. Regulation of the Minister of Trade 28/M-DAG/PER/6/2009 concerning Provision on Export and Import licensing Service by Electronic System through INATRADE in the framework of Indonesia National Single Window;
• 20. Regulation of the Minister of Trade No. 45/M-DAG/PER/10/2009 concerning Importer's Identity Number;
• 21. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provision in the Import Sector;

DECIDES:

To Stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE NO. 45/M-DAG/PER/9/2009 CONCERNING IMPORTER'S IDENTITY NUMBER (API)

Article I

Several provisions in the Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number shall be amended as follows:

1. Provisions in Article 3 shall be amended so that it reads as follows:

"Article 3

(1) API as described in Article 2 consists of:

• a. General API (API-U); and
• b. Producer API (API-P).

(2) API-U as described to in paragraph (1) a shall only be given to importers importing goods in the interests of business activities by trading or transferring goods to other parties.

(3) (3) API-P as described in paragraph (1) b shall only be given to importers importing goods for own use as raw materials, auxiliary materials and/or in support of production process.

(4) The imported goods as described in paragraph (3) are banned from being traded or transferred to other parties."

2. Provisions in Article 4 shall be amended so that it reads as follows:

"Article 4

(1) The authority to issue API as described in Article 3 paragraph (1) shall be in the hands of the Minister.

(2) The Minister shall delegate the authority to issue API-P as described in Article 3 paragraph (1) b to:

• a. The Director General, for corporate bodies or contractors in the fields of energy, natural oil and gas, mineral and other natural resource management carrying out business activities based on cooperation contracts with the Government of the Republic of Indonesia; and
• b. The Head of the Investment Coordinating Board (BKPM), for foreign investment companies and domestic investment companies.

(3) In addition to the delegation of authority as described in paragraph (2) the Minister also delegates authority to Heads of Provincial Agency, for the issuance of API-U and API-P as described in Article 3 paragraph (1) a and b.

(4) The issuance of API-P as described in paragraph (3) is for companies other than corporate bodies or contractors as described in Paragraph (2) a and investment companies as described in paragraph (2) b.

(5) The issuance of API-U and API-P as described in paragraphs (2) and (3) shall be signed for and on behalf of the Minister."

3. In between Articles 3 and 4, 1 (one) article namely Article 4A shall be inserted which reads as follows:

"Article 4A

(1) The Head of BKPM can delegate the authority to issue API-P as described in Article 4 paragraph (2) b to first echelon officials overseeing investment services and/or second echelon officials overseeing licensing services at BKPM.

(2) The issuance of API-P as described in Article 4 paragraph (3) by Heads of Provincial Agency is only for importers holding business permit in the industrial sector or other similar business permits issued by technical agencies other than BKPM.

(3) If the issuance of API-U and API-P as described in Article 4 paragraph (3) is carried out by the Integrated One-Stop Service or other form of services, the implementation shall be coordinated with Provincial Agency and the Directorate General of Foreign Trade at the Ministry of Trade for the application of API issuance program."

4. Provisions in Article 7 shall be amended so that it reads as follows:

"Article 7

Import can be carried out without API for:

• a. provisional imported goods;
• b. promotion goods;
• c. goods for the purpose of scientific research and development;
• d. parcels;
• e. goods as grants, gifts or donations for the purpose of public worship, charity, social cultural activities or natural disaster mitigation efforts;
• f. medicines and health instrument using state budget;
• g. goods exported for repair or test and re-imported in quantity not exceeding those at the time of being exported according to the Notification of Exporting Goods (PEB);
• h. export goods refused by overseas buyers and later re-imported in quantity not exceeding those specified in the Notification of Exporting Goods (PEB);
• i. sample goods not for trading;
• j. goods in the interests of government agencies/other state institutions imported by the agencies/institutions concerned;
• k. goods belonging to representatives of foreign countries and their officials assigned in Indonesia;
• l. goods in the interests of international bodies and their officials assigned in Indonesia; and
• m. personal effects."

5. Provisions in Article 8 shall be amended so that it reads as follows:

"Article 8

(1) Imports without API as described in Article 7 can only be carried out after obtaining import approval from the Import Director at the Ministry of Trade.

(2) Imports without API for goods as described in Article 7 paragraph (1) k, l, and m are carried out without import approval."

6. Provisions in Article 27 shall be amended so that it reads as follows:

"Article 27

(1) API-U or API-P issued by Heads of Provincial Offices before this Ministerial Regulation was put into force shall be adjusted to this Ministerial Regulation no later than December 31, 2010.

(2) APIT issued by the Head of BKPM before this Ministerial Regulation was put into force shall be adjusted to this Ministerial Regulation no later than December 31, 2010.

(3) APIT treated as API-U or APIT-U issued by the Head of BKPM before this Ministerial Regulation was put into force shall be adjusted to this Ministerial Regulation no later than December 31, 2010.

(4) APIT as described in paragraph (3) whose validity period expires before December 31, 2010 shall remain valid until December 31, 2010.

(5) API-K issued by the Director General before this Ministerial Regulation was put into force shall be adjusted to this Ministerial Regulation no later than December 31, 2010.

(6) API-U, API-P, APIT, APIT treated as APIU, APIT-U, or API-K whose validity period has not expired shall file applications to become:

• a. API-U, for Companies engaged in the trade sector,
• b. API-P, for companies engaged in the industrial sector or other similar business fields whose permits are issued, by the authorized technical institution/agency."

Article II

This Ministerial Regulation shall come into force since the date of stipulation.

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

Stipulated in Jakarta
on March 29, 2010
THE MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU