REGULATION OF THE MINISTER OF TRADE
No. 28/M-DAG/PER/6/2009

CONCERNING
PROVISIONS ON EXPORT AND IMPORT LICENSE SERVICE BY ELECTRONIC SYSTEM
THROUGH INATRADE IN THE FRAMEWORK OF INDONESIA NATIONAL SINGLE WINDOW

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

Considering:

• a. that in the framework of enhancing effective/ efficient and transparent licensing service for business communities to support the smooth and speed of the flow of goods in the export and/or import! it is necessary to apply an electronic licensing service system;
• b. that in order to implement the provision of Article 16 of Presidential Regulation No. 10/2008 concerning the Operation of Electronic System in the framework of Indonesia National Single Window;
• c. that based on the considerations as intended in points 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. 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);
• 3. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibility of the Minister of Trade in the Field of Foreign Trade;
• 4. Presidential Decree No. 187/M/2004 concerning the Establishment of United Indonesia Cabinet as already amended several times and the latest by Presidential Decree No. 171/M/2005;
• 5. 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;
• 6. 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;
• 7. Presidential Regulation No. 10/2008 concerning the Operation of Electronic System in the Framework of Indonesia National Single Window;
• 8. Decision of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 concerning General Provision in Import;
• 9. Decision of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 concerning Goods Subject to Import Control as amended several times and the latest by Decision of the Minister of Industry and Trade No. 406/MPP/Kep/6/2004;
• 10. Decision of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in Export as amended several times and the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
• 11. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Working Arrangement of the Ministry of Trade as amended several times and the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;

HAS DECIDED:

To stipulate:

REGULATION OFTHE MINISTER OF TRADE CONCERNING PROVISIONS ON EXPORT AND IMPORT LICENSE SERVICE BY ELECTRONIC SYSTEM THROUGH INATRADE IN THE FRAMEWORK OF INDONESIA NATIONAL SINGLE WINDOW

Article 1

in this Ministerial Regulation:

• 1. License is the granting of legality to applicants in the form of either recognition, appointment, stipulation, approval or registration.
• 2. Electronic System is a system operated to gather, prepare, store, process, analyze and disseminate electronic information.
• 3. Portal is a system which would integrate information that assures the security of data and information as well as integrate flow and process of information between internal systems automatically.
• 4. Indonesia National Single Window, hereinafter abbreviated as INSW is a national Indonesia system enabling the single submission of data and information, single and synchronous processing of data and information and single decision-making for customs release and clearance of cargoes.
• 5. INATRADE is an electronic export and/or import licensing system within the Ministry of Trader which is realized on-line through internet.
• 6. Applicant shall be individual, business entity, legal entity, government institution or institution of other country using INATRADE for securing licensing.
• 7. Electronic Document shall be every kind of electronic information made, disseminated, sent, received or saved in analog, digital, electromagnetic, optical or such kind, which may be seen, displayed and/or heard through computer or electronic system, including but not limited to meaningful writings, voices, pictures, maps, designs, photos or such kind, letter, marks, number, access code, symbol or perforation that could be understood by persons capable of understanding them.
• 8. Access Right is a right granted to conduct interaction with an independent electronic system or network.
• 9. Foreign Trade Service Unit hereinafter called UPP is an unit receiving licensing application, recommendation (supporting document), and conveying export and/or import licensing which is issued by the Directorate General of Foreign Trade manually or electronically in the framework of the implementation of INATRADE.
• 10. Standard Operating Procedure hereinafter called SOP is a written standard/guidance containing procedures or phases which must be followed to settle a process of export and/or import licensing in the framework of the application of INSW system.
• 11. Service Level Arrangement, hereinafter called SLA is a service level which must be obeyed and implemented by manager of INATRADE to provide export and/or import licensing service in the framework of the application of INSW system.
• 12. Director General is Director General of Foreign Trade, Ministry of Trade.
• 13. Minister is Minister in charge of trading.

Article 2

(1) Export and/or import licensing service shall be realized gradually by an electronic system through portal INATRADE.

(2) Portal INATRADE as intended in paragraph (1) use the domain name http://inatrade.depdag.go.id.

(3) Kinds of the licensing as intended in paragraph (1) is stipulated further by the Director General on behalf of the Minister.

Article 3

The licensing service as intended in Article 2 paragraph (1) may only be provided for applicants having Access Right.

Article 4

(1) Access Right as intended in Article 3 may be obtained by the following procedures:

• a. applicants register through http://inatrade.depdag.go.id by completing the available form completely and truthfully as well as submit print out thereof to officer of INATRADE; and
• b. Applicants must submit the required documents in the form of soft: copy by showing the original documents which remain valid.

(2) The original documents as intended in paragraph (1) b shall be as follows:

• a. Corporate registry number (TDP); and
• b. Taxpayer Code Number (NPWP).

(3) The documents as intended in paragraph (2) shall be validated by INATRADE officer.

(4) Data in the form and documents as intended in paragraph (1) and paragraph (2) may be verified in the field by a team established by the Director General, before or after the issuance of approval of Access Right.

Article 5

(1) The Minister appoints the Director General to approve or reject the application for securing as well as revoke Access Right.

(2) The Director General delegates authority to approve, reject or revoke as intended in paragraph (1) to the Director of Export and Import Facilitation or the appointed official.

(3) The approval of Access Right shall be issued in not later than 10 (ten) working days as from the date of receipt of the documents as intended in Article 4 paragraph (1) b completely and truthfully.

(4) The rejection of Access Right shall be issued in not later than 10 (ten) working days as from the date of delivery of the documents to in Article 4 paragraph (1) b and shall be accompanied by reason for rejection.

(5) The approval of Access Right as intended in paragraph (3) may be revoked in the case of untrue data being found from the result of verification as intended in Article 4 paragraph (4).

Article 6

Applicants already securing Access Right shall abide by all provisions mentioned in the document of approval of Access Right.

Article 7

(1) Applicants already securing Access Right shall submit licensing application by using the application form in INATRADE portal and follow the stipulated procedures.

(2) In case of the licensing as intended in paragraph (1) requires recommendation and/or other documents from other technical institutions:

• a. the applicants shall submit electronically the required recommendation and/or other documents to the Ministry of Trade if the related technical institutions have operated electronic system and been integrated with INATRADE;
• b. the applicants shall convey manually the required recommendation and/or other documents to the Ministry of Trade if the related technical institutions have not operated electronic system and been not integrated with INATRADE yet.

Article 8

(1) The licensing application as referred to in Article 7 shall be processed further by technical directorate in accordance with SOP and SLA on the basis of category of the respective business communities and/or kinds of licensing.

(2) The technical directorate as intended in paragraph (1) shall cover:

• a. the Directorate of Export of Agricultural and Forestry Products;
• b. the Directorate of Export of Industrial and Mining Products;
• c. the Directorate of Import; and
• d. the Directorate of Goods Quality Supervisory and Control.

(3) Further provision on SOP and SLA for' each kind of licensing shall be stipulated by the Director General on behalf of the Minister.

Article 9

(1) The technical directorate as intended in Article 8 paragraph (2) shall issue licensing in accordance with SOP and SLA.

(2) The technical directorate as intended in Article 8 paragraph (2) may reject licensing application in case of:

• a. administrative requirements being not complete;
• b. information showing that name, kind and designation of goods are not suitable to the applied; and/or
• c. INATRADE system denying entry of invalid data.

(3) The licensing or rejection as intended in paragraph (1) and paragraph (2) shall be issued in the form of electronic document and printout (hard copy).

(4) Printout (hard copy) of licensing or rejection of application shall be taken in UPP.

(5) Licensing already issued in the form of electronic document as intended in paragraph (3) and other export and/or import complementary documents shall be sent through INATRADE to portal INSW to fulfill customs obligations.

Article 10

(1) In case of electronic system not working because of force majeur, export and/or import licensing service shall be done manually.

(2) The force majeur as intended in paragraph (1) may be in the form of:

• a. natural disaster, such as flooding, earthquake, land slide, and other disasters occurring naturally;
• b. fire, blackout and theft of equipment; and/or
• c. damage and failure of facilities and infrastructure supporting electronic system more than 4 (four) hours.

Article 11

(1) Access Right to INATRADE service shall expire in case of:

• a. owners of the Access Right not using their Access Right for 6 (six) months consecutively;
• b. owners of Access Right submitting application for manager of INATRADE to terminate their Access Right to INATRADE service;
• c. owners of Access Right violating the provision in Article 6;
• d. manager of INATRADE considering that owners of Access Right misuse service;
• e. manager of INATRADE receiving a written request from related technical institution with respects to violation in export and/or import committed by the owner of Access Right; or
• f. manager of INATRADE executing a must to terminate the Access Right in the framework of implementing the provisions of legislation.

(2) The termination of the Access Right as intended in paragraph (1) shall be done manually and/or electronically.

(3) The termination of the Access Right as intended in paragraph (1) e shall be done after coordinating with related technical institution.

Article 12

(1) Applicants already securing the Access Right shall continue to be permitted to submit licensing application manually up to 6 (six) months as from the date when the Access Right is obtained.

(2) After 6 (six) months as from the date of securing of the Access Right as intended in paragraph (1), applicants shall submit licensing application by an electronic system.

(3) Licensing issued on the basis of the manual licensing application as intended in paragraph (1) and license already is issued before the enforcement of this Ministerial Regulation by INATRADE management shall be sent through INATRADE to INSW portal to fulfill customs obligation.

Article 13

INATRADE shall be operated by a Management Team of INATRADE who is stipulated by the Minister.

Article 14

All costs arising from the implementation of INATRADE shall be borne by the State Budget of Revenue and Expenditure (APBN) of the Ministry of Trade.

Article 15

Further provision on the implementation of this Ministerial Regulation shall be stipulated by the Director General.

Article 16

This Ministerial Regulation shall come into force after 60 (sixty) days as from the date of stipulation.

For public cognizance, this Ministerial Regulation shall be announced by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On June 30, 2009
THE MINISTER OFTRADE,
signed,
MARI ELKA PANGESTU