REGULATION OF THE MINISTER OF TRADE
No. 23/M-DAG/PER/5/2010
CONCERNING
THE SECOND AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 56/M-DAG/PER/12/2008 CONCERNING PROVISIONS ON IMPORT OF CERTAIN PRODUCTS
BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering:
- a. that in order to support efforts to preserve Indonesian economic growth, it is necessary to encourage the creation of fair trade and conducive business climate;
- b. that based on the consideration as described in paragraph a, it is necessary to take policy measures on import of certain products;
- c. that having regards paragraph 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. 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);
- 4. 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);
- 5. 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);
- 6. 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;
- 7. Law No. 39/2008 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
- 8. Law No. 36/2009 concerning Health (Statute Book of the Republic of Indonesia No. 144 of2009, Supplement to Statute Book of the Republic of Indonesia No. 5063);
- 9. 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 or Indonesia No. 4020);
- 10. Presidential Decision No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
- 11. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries;
- 12. Presidential Decision No. 84/P/2009 concerning the Establishment of Second United Indonesia Cabinet;
- 13. Presidential Regulation No. 24/2010 concerning Status, Tasks and Functions of State Ministries as well as First Echelon Organizational Function, Tasks and Functions of State Ministries;
- 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. 24/M-DAG/PER/6/2009;
- 16. Regulation of the Minister of Trade No. 56/M-DAG/PER/12/2008 concerning Provisions on Import of Certain Products that is amended by Regulation of the Minister of Trade No. 60/M-DAG/PER/12/2008;
- 17. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning Provisions in Export and Import Licensing Service through INATRADE Electronic System in the Framework of Indonesia National Single Window;
- 18. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number that is amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010;
- 19. Regulation of the Minister of Trade No. 54/M-DAG/PER/9/2009 concerning General Provisions on Import;
DECIDES:
To stipulate:
THE REGULATION OF THE MINISTER OF TRADE CONCERNING THE SECOND AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 56/M-DAG/PER/12/2008 CONCERNING PROVISIONS ON IMPORT OF CERTAIN PRODUCTS
Article I
Several provisions in Regulation of the Minister of Trade No. 56/M-DAG/PER/12/2008 concerning Provisions on Import of Certain Products that is amended by Regulation of the Minister of Trade No. 60/M-DAG/PER/12/2008 shall be amended as follows:
1. The provisions of Article 1 is amended so as to read as follows:
"Article 1
In this regulation:
1. "Import" refers to an activity of importing goods into customs area.
2. "Certain products" refers to products subject to import provisions based on this regulation, covering foods and beverages, clothing, footwear, electronic, children toys, traditional herbal medicines as well as cosmetics.
3. "Registered 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 in charge of Trading.
7. "Director General" refers to the Director General of Foreign Trade, Ministry of Trade.
8. "Director" refers to the Director of Import, Directorate General of Foreign Trade, Ministry of Trade."
2. The provisions of Article 4 is amended so as to read as follows:
"Article 4
(1) Companies already securing stipulation as IT-Certain Products shall be obliged to submit a written report on the import of the specified products.
(2) The report as described in paragraph (1) shall be submitted no matter whether the import is realized or not.
(3) The report as described in paragraph (1) shall be submitted to the Director every three months on the 15th of the ensuing month through http://inatrade.depdag.go.id, with the model of report as contained in Attachment II, which constitutes an integral part of this regulation."
3. The provisions of Article 5 is amended so as to read as follows:
"Article 5
(1) Every activity of the import of certain products by IT-Certain Products may only be realized through destination ports:
a. seaports: Belawan in Medan, Tanjung Priok in Jakarta, Tanjung Emas in Semarang, Tanjung Perak in Surabaya, Soekarno Hatta in Makassar, Dumai in Dumai, and Jayapura in Jayapura: and/or
b. all international airports.
(2) The import of certain products by IT Certain Products through seaport in Dumai and Jayapura may only be done for food and beverages.
(3) The import of certain products for the need of Free Trade Area and Free Port shall be governed in accordance with the provisions of regulation of Free Trade Area and Free Port."
4. The provisions of Article 8 is amended so as to read as follows:
"Article 8
(1) Stipulation as IT-Certain Products shall be revoked in the case of:
a. companies not fulfilling the obligation to submit the report as described in Article 4;
b. companies not importing certain products for 6 (six) months consecutively; and/or
c. the Directorate General of Customs and Excise recommending the revocation because companies committing violation in the customs.
(2) The companies having their stipulation as IT-Certain Products revoked as described in paragraph (1) may submit application for new IT-Certain Products after 6 (six) months as from the date of revocation."
5. A new article is supplemented between Article 11 and Article 12 to become Article 11A, which reads as follows:
"Article 11A
The provisions on the technical verification and surveillance of the import as described in Article 6 shall not apply to the import of traditional and herbal medicines as well as cosmetics."
6. Attachment I to Regulation of the Minister of Trade No. 56/M-DAG/PER/12/2008 concerning Provisions on Import of Certain Products shall be supplemented by the certain products as contained in the attachment to this regulation, which constitutes an integral part of this regulation.
Article II
This regulation shall come into force 30 (thirty) days as from the date of stipulation.
For public cognizance, the regulation shall be promulgated by placing it State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On May 21, 2010
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
MARI ELKA PANGESTU