REGULATION OF THE MINISTER OF TRADE
No. 28/M-DAG/PER/6/2010

CONCERNING
AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 10/M-DAG/PER/3/2006 CONCERNING PROVISION AND PROCEDURE FOR ISSUING BUSINESS LICENSE FOR REPRESENTATIVE OF FOREIGN TRADING COMPANY

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

Considering:

a. that in the framework of efficient implementation of activities of representative of foreign trading company, it is necessary to amend provision of the Regulation of the Minister of Finance No. 10/M-DAG/PER/3/2006 concerning Provision and Procedure for Issuing Business License for Representative of Foreign Trading Company;

b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;

In view or:

1. Trade Law 1934 (Statute Book No. 86/1938);

2. Emergency Law No. 7/1955 concerning Depreciation, Claim, and Judicial of Economics Criminal Action (Statute Book No. 27/1955, Supplement to Statute Book No. 801) as amended several times, the latest by Government Regulation in Lieu of Law No. 1/1971 (Statute Book No. 55/1971, Supplement to Statute Book No. 2966);

3. Law No. 3/1982 concerning Company Obligatory Registration (Statute Book No. 7/1982, Supplement to Statute Book No. 3214);

4. Law No. 5/1999 concerning Prohibition from Monopolistic Practice and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3817);

5. 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);

6. Law No. 25/2007 concerning Capital Investment (Statute Book No. 67/2007, Supplement to Statute Book No. 4724);

7. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);

8. Government Regulation No. 38/2007 concerning Distribution of Administration affair among Government, Province Regional Administrator, and Regency/Municipality Regional Administrator;

9. Presidential Regulation No. 111/2007 concerning Amendment to the Presidential Regulation No. 77/2007 concerning List of Closed Business Field and Opened with Conditions in the Field of Capital Investment;

10. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;

11. Presidential Decree No. 84/P/2009 concerning Establishment of Second Unity Indonesia Cabined of 2009-2014 period;

12. Presidential Regulation No. 24/2010 concerning Position, Task, and Function of State Ministries and Organization, Task, and Function of First Echelon of State Ministries;

13. Regulation of the Minister of Trade No. 10/M-DAG/PER/3/2006 concerning Provision and Procedure for Issuing Business License for Representative of Foreign Trading Company;

14. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and the Work Procedure of the Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2/2009;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 10/M-DAG/PER/3/2006 CONCERNING PROVISION AND PROCEDURE FOR ISSUING BUSINESS LICENSE FOR REPRESENTATIVE OF FOREIGN TRADING COMPANY

Article I

Several provisions of Regulation of the Minister of Trade No. 10/M-DAG/PER/10/2006 concerning Provision and Procedure for Issuing Business License for Representative of Foreign Trading Company shall be amended as follows:

1. Provision of Article 14 paragraph (3) h, paragraphs (4) l, o, paragraph (5) h, and paragraph (6) i shall be deleted.

2. Provision of Article 22 paragraph (2) c shall be deleted.

3. Provision of Article 24 shall be deleted.

4. Provision of Article 31 shall be amended, so it reads as follows:

"Article 31

The Representative of Foreign Trading Company submitting application and it is processing prior to stipulation of this Ministerial Regulation, is not subject to obligatory payment of guarantee money to the Head of Head Office and Head of Branch Office."

5. Provision of Article 32 shall be amended, so it reads as follows:

"Article 32

Implementation and technical provisions in reimbursement of the guarantee money to the Head of Head Office and Head of Branch Representative Office of Foreign Trading Company shall be further regulated by Director General of Domestic Trading, Ministry of Trade."

Article II

This Ministerial Regulation shall come into effect on the stipulation date.

For Public cognizance, this Ministerial Regulation shall be place on the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on June 2010
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU