REGULATION OF THE MINISTER OF TRADE
No. 55/M-DAG/PER/10/2009

CONCERNING
THE DELEGATION OF AUTHORITY TO THE HEAD OF THE INVESTMENT COORDINATING BOARD TO ISSUE DIRECT SALES PERMITS IN THE FRAMEWORK IMPLEMENTATION OF INTEGRATED ONE STOP SERVICES IN INVESTMENT

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

Considering:

That to implement Article 7 paragraph (2) and paragraph (3) of Presidential Regulation No. 27/2009 concerning Integrated One-Stop Services in the investment, it is necessary to stipulate Regulation of the Minister of Trade concerning the delegation of authority to the head of the Investment Coordinating Board to issue direct sales permits in the framework implementation of integrated one-stop services in investment;

In view of:

1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 3/1982 concerning the Compulsory Registration of Companies (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214);
3. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437) as amended several times the latest by Law No. 12/2008 (Statute Book No. 59/2008, Supplement to Statute Book No. 4844);
4. Law No. 25/2007 concerning Investment (Statute Book No. 67/2007, Supplement to Statute Book No. 4724);
5. Government Regulation No. 38/2007 concerning the Sharing of Government Affairs among the Central Government, Provincial Governments and Regency/Municipal Governments (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
7. Presidential Decree No. 187/M/2004 concerning the Formation of United Indonesia Cabinet as amended several times, the latest by Presidential Decree No. 171/M/2005;
8. Presidential Regulation No. 9/2005 concerning the Position, Task, Function, Organizational Structure and Work Mechanism of Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
9. Presidential Regulation No. 10/2005 concerning the Organizational Unit and Task of First Echelon Officials of Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 50/2008;
10. Presidential Regulation No. 90/2007 concerning the Investment Coordinating Board;
11. Presidential Regulation No. 27/2009 concerning Integrated One Stop Service in Investment;
12. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organizational Structure and Work Mechanism of the Trade Ministry as amended several times, the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;
12. Regulation of the Minister of Trade No. 32/M-DAG/PER/8/2008 concerning the Realization of Trade Activities Under Direct Sales System as amended by Regulation of the Minister of Trade No. 47/M-DAG/PER/9/2009;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING THE DELEGATION OF AUTHORITY TO THE HEAD OF THE INVESTMENT COORDINATING BOARD TO ISSUE DIRECT SALES PERMITS IN THE FRAMEWORK IMPLEMENTATION OF INTEGRATED ONE STOP SERVICES IN INVESTMENT

Article 1

In this Ministerial Regulation:

1. Direct Sales Permit, hereinafter abbreviated as SIUPL is a permit to run trade activities under a direct sales system.
2. The delegation of authority to issue SIUPL is delegation of tasks, rights, obligations, and responsibilities to issue SIUPL including signing it, on behalf of the Minister of Trade to the Head of the Investment Coordinating Board.
3. Integrated one stop services are activities to provide license or non-license services by receiving the delegation of authority from the agency having the license and non-license authority, with the management process starting from the phase of applications to the issuance of documents in a one place.
4. The Investment Coordinating Board, hereinafter abbreviated as BKPM, is a non-ministerial state agency responsible for the investment field and led by a head responsible to the President.
5. The Minister is the minister whose tasks and responsibilities cover the trade sector.

Article 2

The Minister shall delegate the authority to issue SIUPL to the Head of the BKPM in the framework of integrated one-stop services in investment.

Article 3

SIUPL as intended in Article 2 is issued by considering the national interests and based on the law.

Article 4

The Head of BKPM is responsible for implementing the authority delegated to issue SIUPL as intended in Article 2.

Article 5

(1) In implementing the authority delegated to issue SIUPL as intended in Article 2, the Head of BKPM shall:

a. adhere to provisions on the list of business fields closed and the list of business fields open to investment under requirements in the field of capital Investment;
b. observe norms, standards, guidance and criteria set by the Minister;
c. send copies of SIUPL issued to the Minister; and
d. convey an accountability report on the issuance of SIUPL to the Minister once every 6 (six) months no later than the 15th of the ensuing month.

(2) The issuance of SIUPL as intended in paragraph (1) shall be preceded by presentation by the applicant for SIUPL to allow the assessment of the marketing program and code of ethics of the company concerned.

(3) The presentation as referred to in paragraph (2) shall be attended by an official of the Directorate of Business Development and Company Registration at the Ministry of Trade and a member of the executive board of the association concerned.

(4) Based on the results of presentation as intended in paragraph (3), the Director of Business Development and Company Registration shall issue recommendations as one of the considerations to issue SIUPL after receiving inputs from the association concerned about the assessment as referred to in paragraph (2).

(5) The recommendations as referred to in paragraph (4) shall be conveyed to the Head of BKPM no later than 3 (three) days after the presentation.

Article 6

The Minister can partly or wholly withdraw the delegation of' authority to issue SIUPL as intended in Article 2 if:

a. BKPM proposes partial or total withdrawal of the authority;
b. BKPM is considered unable to implement the authority delegated; and/or
c. BKPM is unable to implement the authority delegated due to a change in ministerial policies.

Article 7

When this Ministerial Regulation begins to take effect, provisions on the delegation of authority to issue SIUPL to the Director General of Domestic Trade in this case the Director of Business Development and Company Registration based on Article 10 paragraph (2) and paragraph (3) of Regulation of the Minister of Trade No. 32/M-DAG/PER/8/2008 concerning The Realization of Trade Activities under Direct Sales System as amended by Regulation of the Minister of Trade No. 47/M-DAG/PER/9/2009 shall be declared null and void.

Article 8

Further provisions needed to issue SIUPL as intended in Article 2 shall be stipulated by the Head of BKPM.

Article 9

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

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

Stipulated in Jakarta
on October 9, 2009
THE MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU

REGULATION OF THE MINISTER OF TRADE No. 55/M-DAG/PER/10/2009

CONCERNING THE DELEGATION OF AUTHORITY TO THE HEAD OF THE INVESTMENT COORDINATING BOARD TO ISSUE DIRECT SALES PERMITS IN THE FRAMEWORK IMPLEMENTATION OF INTEGRATED ONE STOP SERVICES IN INVESTMENT

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