a. that fair trade and conducive business atmosphere is not achieved yet to maximum, so that it is necessary to improve discipline on import administration;
b. that based on the consideration as intended in paragraph a, it is necessary to make policy in import sector on some certain products;
c. that based on the consideration as intended in paragraphs a and b, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Ordinance 1934 (Statute Book No. 86/1938);
2. Law No. 3/1982 concerning Company Obligatory Registration (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);
3. Law No. 7/1994 concerning Approval for 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 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) as 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 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 No. 36/2000 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2000 concerning Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia No. 251/2000, Supplement to Statute Book of the Republic of Indonesia No. 4053) as amended by Law No. 44/2007 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2007 to become 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 Ministry (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
8. Law No. 25/2009 concerning Public Service (Statute Book of the Republic of Indonesia No. 112/2009, Supplement to Statute Book of the Republic of Indonesia No. 5038);
9. Law No. 36/2009 concerning Health (Statute Book of the Republic of Indonesia No. 144/2009, Supplement to Statute Book of the Republic of Indonesia No. 5063);
10. 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 of Indonesia No. 4020);
11. Presidential Decree No. 260/1967 concerning Confirmation of Duty and Responsibility of the Minister of Trade on Overseas Trade;
12. Presidential Decree No. 47/2009 concerning Establishment and Organization of the State Ministry;
13. Presidential Decree No. 84/P/2009 concerning Establishment of Unity Indonesia Cabinet II;
14. Presidential Decree No. 24 Year 2010 concerning Capacity, Duty, and Function of State Ministry and Organizational Structure, Duty, and Function of Echelon I of State Ministry;
15. Decision of the Minister of Industry and Trade No. 141/MPP/Kep/3/2002 concerning Special Importer's Identification Number (NPIK) as amended by Regulation of the Minister of Trade No. 7/M-DAG/PER/3/2008;
16. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning Provision on Export and Import Permits Service with Electronic system through INATRADE in the Framework of Indonesia National Single Window;
17. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identification Number (API) as amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010;
18. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provision on Import Sector;
19. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Procedure of the Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION FOR IMPORT OF CERTAIN PRODUCTS
In this Ministerial Regulation:
1. Import is activity to import goods into the customs area.
2. Certain Product is product subject to the provision on import based on this Ministerial Regulation that covers food and beverage products, finished garment, footwear, electronics, toys, traditional remedy and herbal as well as cosmetics.
3. Registered Importer of Certain Product hereinafter called as Certain IT-Product is company that exercises import activity of Certain Products.
4. Import Technical Verification or Inquiry is technical examination activity on Certain Products conducted at the port of loading of goods by a Surveyor.
5. Surveyor is survey entity that has obtained authorization to conduct technical verification or inquiry imported product.
6. Minister is minister conducting governmental affairs in trade sector.
7. Director General is Director General of Overseas Trade of the Ministry of Trade.
8. Director is Director of Import of the Directorate General of Overseas Trade of the Ministry of Trade.
(1) Certain Products that are governed in this Regulation of the Minister as specified in the Attachment that constitutes integral part of this Regulation of the Minister.
(2) Import of Certain Products as intended paragraph (1) may only be conducted by any company duly decided as Certain IT-Products.
(3) To obtain decision as Certain IT-Products as intended in paragraph (2), the company must submit written application to the Director by attaching the documents:
(4) The Director on behalf of the Minister shall issue decision as Certain IT-Products within 7 (seven) working days at the latest effective as of the application is completely and correctly received.
The decision as Certain IT-Products as intended in Article 2 prevails up to expiry of this Regulation of the Minister.
(1) Any company that has obtained decision as Certain IT-Products shall be obliged to submit written report on the import of Certain Products.
(2) The report as intended in paragraph (1) shall be submitted if import thereof has been realized or not yet realized.
(3) The report as intended in paragraph (1) must be submitted to the Director once every three (3) months by the 15 of the following month at the latest through http://inatrade.kemendag.go.id.
(1) Each Certain Products by Certain IT-Product may only be imported through the port of destination:
(2) Import of Certain Products by Certain IT-Product shall be conducted through Dumai seaport in Dumai and seaport in Jayapura in Jayapura only for food and beverage products.
(3) Import of Certain Products for necessity of Free Trade Zone and Free Port shall be governed according to the provisions in the statutory regulation concerning Free Trade Zone and Free Port.
(1) Any import of Certain Products by Certain IT-Products must be technically verified or inquired first by the Surveyor in the country of port of loading prior to shipment.
(2) The result of Import Technical Verification or Inquiry by Surveyor as intended in paragraph (1) shall be specified in the form of Surveyor Report (LS) for use as supporting document for customs in customs clearance on import.
(3) All charges for Import Technical Verification or Inquiry conducted by the Surveyor as intended in paragraph (1) and paragraph (2) shall be borne by the Certain fl-Product concerned.
(1) The Import Technical Verification or Inquiry as intended in Article 6 paragraph (1) shall be conducted by the Surveyor duly assigned by the Minister.
(2) The assigned Surveyor as intended in paragraph (1) shall be obliged to comply with the requirements below:
(3) The Surveyor as intended in paragraph (1) shall be obliged to submit written report on recapitulation of Import Technical Verification or Inquiry of Certain Products to the Director General in this case the Director each month by the 15 of the following month.
The provisions in this Regulation of the Minister do not apply to import:
Obligatory law stipulated based on other statutory regulation prevailing on import of Certain Products survives.
(1) Decision as Certain IT-Products shall be revoked if:
(2) Any company which decision has been revoked as Certain IT-Products as intended in paragraph (1) may submit application as new Certain IT-Products after 6 (six) months effective as of the date of revocation.
Any Importer importing Certain Products not complying with the provisions in this Regulation of the Minister is subject to penalty based on the provisions in the statutory regulation.
Any Surveyor that fails to fulfil its obligation as intended in Article 7 paragraph (3) is subject to revocation of the decision as Surveyor of Certain Products.
(1) If the validity of the importer that possesses decision as Certain IT-Products expires on December 31, 2010, the Director on behalf of the Minister may issue renewed decision as Certain IT-Products.
(2) The decision as Certain IT-Products as intended in paragraph (1) shall be made by January 1, 2011 at the latest and such issue must be notified to the importer as intended in paragraph (1).
(3) The decision as Certain IT-Products may be made by the importer as intended in paragraph (1) accompanied by decision making as Certain IT-Products which validity has been expired.
(4) The decision as Certain IT-Products as intended in paragraph (1) shall be valid until this Regulation of the Minister expires.
Any Certain Products imported by Certain IT-Products which provision will expire on December 31, 2010, may be imported up to February 28, 2011, as proven by the date of registration of notification by the customs in the form of Manifest (BC.1.1) in accordance with the provisions in the statutory regulation on customs matter.
(1) Provision for obligatory Import Technical Verification or Inquiry as intended in Article 6 does not apply to imported cosmetics.
(2) Provision for LS as customs supporting document in customs clearance on import as intended in Article 6 paragraph (2) for traditional medicinal products and herbal shall take effect on March 1, 2011.
Implementation of this Regulation of the Minister shall be evaluated within 1 (one) year effective as of this Regulation of the Minister comes to force.
Further provisions for this Regulation of the Minister shall be stipulated by the Director General as required.
This Regulation of the Minister takes effect on January 1, 2011 and shall expire on December 31, 2012.
For public cognizance, enactment of this Regulation of the Minister shall be announced by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta,
on December 29, 2010,
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU