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,

Attachment

Considering:

• a. that Importer's Identity Number (API) constitutes an identity that importers must own in undertaking the import of goods, which is used by the government as an instrument to arrange the import in the framework of the implementation of foreign trade policy in the import field;
• b. that in order to enhance the supportive capacity of foreign trade policy in the field of the import for the national economic development and simultaneously encourage the realization of a guarantee for business certainty as well as more conducive business climate, more effective, efficient, transparent and sustainable provisions on API by adjusting and re-improving provisions on API are needed;
• c. that based on considerations as described 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 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. 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);
• 11. Presidential Decision No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Finance in the Foreign Trade Sector;
• 12. Presidential Decision No. 187/M/2004 concerning the Establishment of the United Indonesia Cabinet as amended several times and the latest by Presidential Decision No. 171/M/2005;
• 13. Presidential Regulation No. 27/2009 concerning One Stop Integrated Service in the Investment Field;
• 14. Presidential Regulation No. 9/2005 concerning Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries of the Republic of Indonesia as amended several times and the latest by Presidential Regulation No. 20/2008;
• 15. Presidential Regulation No. 10/2005 concerning First Echelon Organizational Units and Tasks of State Ministries of the Republic of Indonesia as amended several times and the latest by Presidential Regulation No. 50/2008;
• 16. Decision of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 concerning General Provisions in the Import Sector;
• 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;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING IMPORTER'S IDENTITY NUMBER (API)

Article 1

In this regulation:

• 1. "Import" refers to an activity of importing goods into the Indonesian Customs Area.
• 2. "Importer's Identity Number" hereinafter abbreviated as API refers to identity as importer.
• 3. "Importer" refers to individual or business entity in the form of statutory body or non-statutory body that undertakes import activity.
• 4. "Minister" refers to the Minister in charge of trading affairs.
• 5. "Director General" refers to Director General of Foreign Trade, Ministry of Trade.
• 6. "Provincial Agency" refers to agency in charge of trading affairs in the province.
• 7. "Regent/Municipal Agency" refers to agency in charge of trading affairs in a regency/city.
• 8. "Investment" refers to all forms of capital investment by domestic investor or foreign investor to undertake business in the territory of the Republic of Indonesia.
• 9. "Domestic Investment" refers to an activity of capital investment to undertake business in the territory of the Republic of Indonesia, which is executed by domestic investor by using domestic capital.
• 10. "Foreign Investment" refers to an activity of capital in-vestment to undertake business in the territory of the Republic of Indonesia, which is executed by foreign investor by using foreign capital or in cooperation with domestic investment.

Article 2

Import may only be done by importers having API.

Article 3

(1) API as described in Article 2 shall consist of:

• a. General Importer's Identity Number {API-U); and
• b. Producer Importer's Identity Number (API-P);

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

(3) API-P as described in paragraph (1) b shall be granted to importers importing goods to be used personally and/or support the production and the goods may not be traded or transferred to other parties.

Article 4

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

(2) The Minister shall delegate the authority to issue:

• a. API-U as described in Article 3 paragraph (1) a to Heads of Provincial Agency.
• b. API-P as described in Article 3 paragraph (1) b to business entities or contractors in the field of energy, oil and natural gas, mineral as well as the management of other natural resources which undertake business activities on the basis of production sharing contract with the government of the Republic of Indonesia to the Director General.
• c. API-P as described in Article 3 paragraph (1) b to foreign and domestic investment companies to the Head of the Investment Coordinating Board (BKPM).
• d. API-P as described in Article 3 paragraph (1) b other than the business entities or contractors as described in b and the investment companies as described in c to Heads of Provincial Agency.

(3) The issuance of API-P as described in paragraph (2) d by Heads of Provincial Agency may only be applied to importers owning business license in the field of industry or other business license of the same kind, which is issued by the authorized technical institution/agency.

(4) The issuance of API as described in paragraph (2) shall be signed for and or. behalf of the Minister.

Article 5

(1) Every importer may only have 1 (one) kind of API.

(2) API shall apply to every activity of the import throughout the territory of Indonesia.

(3) API shall apply to head offices and all branch offices thereof having business activity of the same kind.

Article 6

(1) API shall apply as long as the importers still run their business activities.

(2) Importers owning API shall be obliged to conduct re-registration in the issuer institution every 5 (five) years as from the date of issuance.

(3) The re-registration as described in paragraph (2) shall be not later than 30 (thirty) working days after the 5(five) years period.

Article 7

(1) Import may be executed without API for:

• a. temporary imported goods;
• b. promotion goods;
• c. goods for the need of scientific research and development;
• d. delivery goods;
• e. goods as grant, prize or gift for general worship, charity, social, cultural need or in the interest of natural disaster mitigation;
• f. goods which constitute medicines and medical appliance using the budget of the government;
• g. goods already exported for the need of repairing and verification, which is re-imported in a quantity maximally equal to the quantity upon exporting in accordance with Notification of Exporting Goods (PEB);
• h. exported goods which are rejected by overseas buyers, which are later re-imported in a quantity maximally equal to the quantity in Notification of Exporting Goods (PEB);
• i. goods belonging to representatives of foreign countries along with their officials assigned in Indonesia;
• j. goods for the need of international agencies and their officials assigned in Indonesia;
• k. samples which are not for trading; and
• I. goods for the need of government institutions/other state institutions which are imported directly by the said institutions/agencies.

(2) Import may be executed without API in case of:

• a. the import being not done continuously and being not used for trading or transferring; and/or
• b. imported goods being goods for other need, in the form of tools supporting the smooth of production or infrastructure development equipment.

Article 8

The import without API as described in Article 7 shall secure prior approval of import without API from the Director of Import of the Ministry of Trade.

Article 9

Importers owning API or importers securing approval of import without API shall be responsible fully for the implementation of the import in accordance with API or approval of import without API, which is owned.

Article 10

(1) Importers owning API in executing import shall abide by the provision on:

• a. prohibition on the import of goods governed on the basis of legislation;
• b. the imported goods must be in the new condition, except goods which may be imported in non new condition on the basis of Regulation of the Minister; and
• c. import regulation and provision on technical verification or inquiry into the import which are regulated on the basis of a Regulation of the Minister.

(2) Ownership of API by importers shall not exempt the obligations which must be fulfilled by importers on the basis of the provision of legislation in the field of the import.

Article 11

(1) Companies planning to submit application for securing API-U as described in Article 3 paragraph (1) a, shall fill completing form as contained in Attachment I to this Regulation and submit the application to head of provincial agency with a copy available to head of local Regent/Municipal Agency by enclosing:

• a. copy of notary deed of establishment of the company and amendments thereof, if any;
• b. copy of certificate of domicile of head office of the company, which remains valid from the local sub-district office or copy of rent agreement of business place with building management or owner;
• c. copy of Trading Business License (SIUP) or other business license of the same kind issued by the authorized technical institution/service in the trading field;
• d. copy of Corporate Registration Code (TDP);
• e. copy of tax payer code number (NPWP) of company or individual and personnel in charge of the company;
• f. two latest photos of each executive or director of company with red background, sizing 3x 4 cm; and
• g. copy of citizenship identity card or passport of executive or director of the company.

(2) Business entities or contractors in the field of energy, oil and natural gas, mineral as well as other natural resource management which undertake business activities on the basis of production sharing contract with the government of the Republic of Indonesia that plan to submit application for securing API-P as described in Article 3 paragraph (1) b, shall complete the completing form as contained in Attachment II to this Ministerial Regulation to the Director General in this case the Director of Import by enclosing:

• a. copy of production sharing contract with the Government or the Executive Board established by the government to control business activities in the field of energy, oil and natural gas, mineral as well as other natural resource management;
• b. original recommendation from the government or the executive board as described in point a;
• c. copy of tax payer code number (NPWP) of business entity or contractor;
• d. two sheets of the latest photo of personnel in charge of production sharing contractor with red back ground, sizing 3x4 cm; and
• e. copy of identity/passport of each personnel in charge.

(3) Companies in the field of foreign and domestic investment planning to submit application for securing API-P as described in Article 3 paragraph (1) b, shall fill the completing form as contained in Attachment III to this Ministerial Regulation and submit it to the Head of BKPM, by enclosing:

• a. copy of notary deed of establishment of the company and its amendments;
• b. copy of certificate of domicile of head office of the company, which remains valid from the local sub-district office or copy of rent agreement of business place;
• c. copy of Investment Registration Document;
• d. copy of Industrial Business License or other business license of the same kind issued by the Head of BKPM;
• e. copy of tax payer code number (NPWP) of company according to domicile;
• f. copy of Corporate Registration Document (TDP);
• g. two sheets of the latest photo of executive or director of the company with red background, sizing 3 x 4 cm; and
• h. copy of ID Card or passport of executive or director.
• i. copy of Expatriate Stay Permit (IMTA), especially for expatriates signing API.

(4) Companies planning to submit application for securing API-P as described in Article 3 paragraph (1) lb shall fill the completing form as contained in Attachment IV to this Ministerial Regulation and submit the application to head of local Provincial Agency with a copy made available to head of local regent/municipal service by enclosing:

• a. copy of notary deed of establishment of the company and amendments;
• b. copy of certificate of domicile of head office of . the company, which remains valid from the local sub-district office or copy of rent agreement of business place with building management or owner;
• c. copy of industrial business license or other business license of the same kind issued by the authorized technical institution/agency;
• d. copy of taxpayer code number (NPWP) of company according to its domicile;
• e. copy of corporate registration document (TDP);
• f. two sheets of the latest photo of executive or director of the company with red background, sizing3 x 4 cm; and
• g. copy of ID Card or passport of executive or director.

(5) The application and/or copy as described in paragraph (1), paragraph (2), paragraph (3) and paragraph (4) may be submitted through:

• a. website http://inatrade.depdag.go.id;
• b. courier service; or
• c. direct submission to the Director General of Foreign Trade in this case the Director of Import, Head of BKPM, Head of Provincial Agency, Head of Regent/Municipal Agency or Head of Regional Investment Coordinating Board (BKPMD) in location where importers are domiciled.

Article 12

(1) Based on copy of the application for API as described in Article 11 paragraphs (1) and (4), Head of Regent/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 case of the inspection as described in paragraph (1) being unable to complete on time, Provincial Agency can undertake site inspection, which is completed in not later than 7 (seven) working days as from the date of receipt of application.

(3) Result of the inspection as described in paragraph (1) shall be mentioned in Inspection Warrant (BAP).

(4) Heads of Regent/Municipal Service shall convey BAP as described in paragraph (3) to head of Provincial Agency in not later than 2 (two) working days as from the signing date of BAP.

Article 13

(1) The Director General shall issue API-P in not later than 5 (five) working days as from the date of receipt of application as described in Article 11 paragraph (2) completely and truthfully.

(2) In case of the application for API-P as described in Article 11 paragraph (2) being not yet complete and true, the Director General shall grant a letter of rejection to applicant in not later than 7 (seven) working days as from the date of receipt of application along with reason for rejection.

Article 14

(1) The Head of BKPM may issue or reject the issuance of API-P as described in Article 11 paragraph (3).

(2) Further provision on the issuance or rejection of the issuance of API-P as described in paragraph (1) shall be regulated by the Head of BKPM.

Article 15

(1) Heads of Provincial Agency shall issue API-U and API-P as described in Article 11 paragraph (1) and paragraph (4) in not later than 5 (five) working days as from the date of receipt of the complete and true BAPas described in Article 12 paragraph (4).

(2) Heads of Provincial Agency shall convey copy of API-U and API-P as described in paragraph (1) to the Director of Import and Head of Regent/Municipal Service Making BAP.

(3) In case of the rejected application for API-U and API-P as described in paragraph (1) being not yet true and complete, Heads of Provincial Agency shall convey a letter of rejection of application to applicant in not later than 7 (seven) working days as from the date of receipt of BAP with a copy made available to heads of regent/municipal Agency making BAP, accompanied by reason for rejection.

Article 16

(1) Model of API-U and API-P as described in Article 3 shall be contained in Attachments V, VI, VII and VIII to this regulation.

(2) API-U shall be bright blue and API-P shall be bright green with logo of the Ministry of Trade.

Article 17

(1) Companies owning API-P as described in Article 13 paragraph (1) shall report the realization of the import whether the import exists or not, every 3 (three) months to the Director General and heads of Provincial Agency.

(2) Companies owning API-P as described in Article 13 paragraph (1) shall report the realization of the import whether the import exists or not, every 3 (three) months to the Director General and Head of BKPM.

(3) Companies owning API-U or API-P as described in Article 15 paragraph (1) shall report the realization of the import whether the import exists or not, every 3 (three) months to heads of Provincial Agency with a copy made available to Heads of Regent/municipal Agency where the importers are domiciled.

(4) Heads of Provincial Agency shall convey report on recapitulation of the realization of the import by the respective importers having API -U and API-P every 3 (three) months to the Director General.

Article 18

The Head of BKPM and Heads of Provincial Service shall convey report on recapitulation of the issuance of API-U and API-P periodically every 3 (three) months to the Minister

Article 19

(1) Companies owning API-U and API-P shall report any change related to data about API-U and API -P in not later than 30 (thirty) days as from the date of the change to the institution issuing API, with a copy made available to the Director of Import and heads of Regent/municipal Agency where the companies are domiciled.

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

• a. every change in model of business entity, composition of executives/executive directors, address of companies, trading business license (SIUP), equivalent license from related institution, Corporate Registration Number (TDP), taxpayer code number and/or number of certificate of domicile in case of importers owning API-U.
• b. every change In model of business entity, composition of executives/directors, name and address of importer and number of Industrial Business License (IUI) or other industrial business license from related institution, Corporate Registration Number (TDP), Taxpayer Code Number and/or number of certificate of domicile in case of importers owning API-P.

(3) In case of the change as described in paragraph (1) occurring, companies owning API-U or API-P shall be obliged to submit application for changing API-U or API-P by using the form as contained in Attachment IX by enclosing:

• a. document of the change as described in paragraph (2);
• b. the requirements as described in Article 11; and
• c. original sheet of the old API-U or API-P.

(4) In not later than 3 (three) working days as from the date of receipt of application as described in paragraph (3) completely and truthfully, the issuer institution shall issue new API-U or API-P.

Article 20

(1) API may be frozen if companies owning API and/or executives/directors of companies owning API:

• a. do not undertake the re-registration as described in Article 6 paragraph (2);
• b. do not fulfill the obligation as described in Article 17; or
• c. do not fulfill the obligation as described in Article 19.

(2) Model of the freezing letter as described in paragraph (1) shall be contained in Attachment X to this regulation.

Article 21

(1) The frozen API as described in Article 20, may be reactivated in case of:

• a. the obligation as described in Article 6 paragraph (2) being already fulfilled;
• b. the obligation as described in Article 17 being already fulfilled; or
• c. the obligation as described in Article 19 being already fulfilled.

(2) Model of the reactivation letter as described in paragraph (1) shall be as contained in Attachment XI to this regulation.

Article 22

API shall be revoked if importers having API and/or executives/directors of importers having API:

• a. have their API frozen twice;
• b. do not fulfill the re-registration obligation as described in Article 6 paragraph (2) in not later than 30 (thirty) days as from the date of freezing;
• c. do not fulfill the reporting obligation as described in Article 17 or do not implement the obligation to report the change in data as described in Article 19 in not later than 30 (thirty) days as from the freezing date;
• d. convey untrue information or data in the document of application for API;
• e. are not responsible for the imported goods;
• f. violate the provision of import legislation;
• g. misuse import documents and import related documents; or
• h. are declared guilty by the court for committing the crime related to the misuse of API and already having fixed legal power.

(2) Model of letter of revocation as described in paragraph (1) shall be as contained in Attachments XII to this regulation.

Article 23

(1) In case of API being revoked as described in Article 22 a, b, and/or c, companies may only submit application for new API after one year as form the date of revocation of API.

(2) In case of API being revoked as described in Article 22 d, e, f, g and/or h, Companies may only submit application for new API after 2 (two) years as from the date of revocation of API.

Article 24

The companies as described in Article 23 shall submit application with the requirement as described in Article 11 and return the original API already revoked.

Article 25

(1) The freezing, reactivation and revocation of API-U and API-P as described in Article 20, Article 21 and Article 22 shall be done on behalf of the Minister by:

• a. the Director General;
• b. the Head of BKPM; or
• c. Heads of Provincial Agency.

(2) The Director General shall convey letter of notification about the freezing, re-activation or revocation of API-P as described in Article 20, Article 21 and Article 22 to the said importers with a copy made available to the Minister, Director General of Customs and Excise, Heads of Provincial Agency, heads of Regent/municipal Service and Head of BKPMD of regency/citiy where the importers are domiciled.

(3) The Head of BKPM shall convey notification about the freezing, re-activation and revocation of API-P as described in Article 20, Article 21 and Article 22 to the said importers with a copy made available to the Minister, Director General of Customs and Excise, Heads of Provincial Agency, Heads of Regent/municipal Agency and Head of BKPMD of regency/city where the importers are domiciled.

(4) Heads of Provincial Agency shall convey notification about the freezing, re-activation and revocation of API-P as described in Article 20, Article 21 and Article 22 to the said importers with a copy made available to the Director of Import, Director General of Customs and Excise, Heads of Regent/Municipal Service where importers are domiciled.

Article 26

(1) Every API-U and API-P issued shall be given number consisting of nine digits, followed by letter D, B or P.

(2) The nine digits as described in paragraph (1) shall consist of:

• a. the first two digits for code number of province stipulated as contained in Attachment XIV to this Ministerial 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.
• d. D for API-P issued by the Director General, B for API-P issued by the Head of BKPM or P for API-U issued by head of Provincial Agency.

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

(4) Model of the numbering of code of provinces, regencies/cities shall be as contained in Attachment XIV to this regulation

Article 27

(1) API-U or API-P issued by heads of Provincial Agency in charge of trading affairs before the stipulation of this regulation shall be declared to remain effective up to one year as from the date of enforcement of this regulation.

(2) API-T or APIT-U issued by the Head of BKPM before the stipulation of this regulation shall be declared to remain effective up to one year as from the date of enforcement of this regulation.

(3) API-K issued by the Director General before the stipulation of this regulation shall be declared to remain effective up to 3 (three) months as from the date of enforcement of this regulation.

(4) API-U or API-P as described in paragraph (1), API-T or APIT-U as described in paragraph (2), and API-K as described in paragraph (3), before expiring, owners of API may submit application for becoming API-U or API -P in accordance with the provisions of this regulation.

Article 28

With the enforcement of this regulation:

• 1. The provision in Decision of the Minister of Trade No. 301A/KP/X/77 concerning Delegation of Authority to Issue Investment License in the Trading Sector and Limited Trading Permits in the Framework of Investment to the Chairman of the Investment Coordinating Board (BKPM) related to the issuance of APIT;
• 2. The provisions in Decision of the Minister of Trade No. 77/KP/III/78 concerning Provision on Limited Trading Activities for Production Companies in the Framework of Investment as amended by Decision of the Minister of Industry and Trade No. 160/MPP/Kep/4/1998 related to the issuance of APIT; and
• 3. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007 concerning Importer's Identity Number (API);

Shall be revoked and declared null and void.

Article 29

This Ministerial Regulation shall come into force since January 1, 2010.

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

Stipulated in Jakarta
on September 16, 2009
THE MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU