to Indonesian
a. that to enhancing business certainty, to support fastener in business service, and to make smooth activities of Free Trade Zone and Free Port for increasing of investment, it is necessary to delegate authority of issuance of Importer's Identity Number to Management Agency;
b. that based on consideration as intended in paragraph a and b, it is necessary to stipulate a regulation of the Minister of Trade.
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 3/1982 concerning Obligatory of Company Registration (Statute Book No. 7/1982, Supplement to Statute Book No. 3214);
3. Law No. 5/1984 concerning Industry (Statute Book No. 22/1984, Supplement to Statute Book No. 3214);
4. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
5. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
6. Law No. 5/1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3817);
7. 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) as amended by Law No. 44/2007 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2007 (Statute Book of the Republic of Indonesia No. 130/2007, Supplement to Statute Book of the Republic of Indonesia No. 4775;
8. Law No. 32/2004 concerning Regional Government (Statute Book No. 60/2004, Supplement to Statute Book No. 3839) as amended by Law No. 8/2005 (Statute Book No. 108/2005, Supplement to Statute Book No. 4548);
9. Law No. 25/2007 concerning Investment (Statute Book No. 67/2007, Supplement to Statute Book No. 4724);
10. Law No. 40/2007 concerning Limited Liability Company (Statute Book No. 106/2007, Supplement to Statute Book No. 4756);
11. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
12. Government Regulation No. 38/2007 concerning Division of Administration Affairs between the Government, Provincial Governments and Regent/Municipal Governments (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
13. Government Regulation No. 46/2007 concerning Batam Free Trade Zone and Free Port (Statute Book No. 107/2007, Supplement to Statute Book No. 4759);
14. Government Regulation No. 47/2007 concerning Bintan Free Trade Zone and Free Port (Statute Book No. 108/2007, Supplement to Statute Book No. 4758);
15. Government Regulation No. 48/2007 concerning Karimun Free Trade Zone and Free Port (Statute Book No. 109/2007, Supplement to Statute Book No. 4759);
16. Presidential Decision No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Finance in the Foreign Trade Sector;
17. Presidential Regulation No. 27/2009 concerning One Stop Integrated Service in the Investment Field;
18. Presidential Decree No. 84/P/2009 concerning Establishment of Second United Indonesia Cabinet;
19. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;
20. Presidential Regulation No. 24/2010 concerning Position, Task and Function of State Ministries and Organization Structure, Task and Function of First Echelon of State Ministries;
21. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning Provision on Export and Import licensing Service by Electronic System through INATRADE in the framework of Indonesia National Single Window;
22. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity No. as amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010;
23. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provision in Import;
24. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Arrangement of the Minister of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING SECOND AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 45/M-DAG/PER/9/2009 CONCERNING IMPORTER'S IDENTITY NUMBER.
Several provisions in Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number as amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010 shall be amended as follows:
1. Article 1 shall be amended so as to read as follows:
"Article 1
In this Ministerial Regulation:
1. Import is an activity of importing goods into the Indonesian Customs Area.
2. Importer's Identity Number hereinafter abbreviated as API is identity as importer.
3. Importer is individual or business entity in the form of statutory body or non-statutory body that undertakes import activity.
4. Minister is the Minister in charge of trading affairs.
5. Director General is Director General of Foreign Trade, Ministry of Trade.
6. Provincial Agency is agency in charge of trading affairs in the province.
7. Regent/Municipal Agency is agency in charge of trading affairs in a regency/city.
8. Free Trade Zone and Free Port Board, hereinafter called Zone Board is Batam Free Trade Zone and Free Port Board, Bintan Free Trade Zone and Free Port Board, and Karimun Free Trade Zone and Free Port Board.
9. Management Agency of Free Trade Zone and Free Port, hereinafter called Management Agency is Batam Management Agency of Free Trade Zone and Free Port, Bintan Management Agency of Free Trade Zone and Free Port, and Karimun Management Agency of Free Trade Zone and Free Port.
10. Investment is all forms of capital investment by domestic investor or foreign investor to undertake business in the territory of the Republic of Indonesia.
11. Domestic Investment is an activity of capital investment to undertake business in the territory of the Republic of Indonesia, which is executed by domestic investor by using domestic capital.
12. Foreign Investment is an activity of capital in-vestment to undertake business in the territory of the Republic of Indonesia, which is executed by foreign investor by using foreign capital or in cooperation with domestic investment."
2. Between Article 4A and Article 5 is inserted 1 (one) article, it is Article 4B so as to read as follows:
"Article 4B
(1) Minister delegate authority to issue API as intended in Article 3 paragraph (1) to Head of Management Agency for company, business entity or contractor as intended in Article 11 that are established and domiciled in Free Trade Zone and Free Port.
(2) Provision about procedure of API application and requirement, API issuance, reporting of imported realization by the companies own API, changing of API data and sanction are arranged separately by Head of Zone Council after coordinate with Director General of Foreign Trade according to this Ministerial Regulation.
(3) Management Agency of Free Trade Zone and Free Port submit report on realization of API issuance and recapitulation of imported realization by the companies own API periodically every 3 (three) months to the Minister.
(4) Delegation of Authority as intended in paragraph (1) may be revoked partly or wholly by the Minister, in case:
a. Management Agency propose revocation partly or wholly of authority;
b. Management Agency is not able to implement delegated authority;
c. Zone Council propose revocation of authority partly or wholly; and/or
d. Management Agency not do authority caused by changing of Ministerial Policy."
3. Between Article 27 and Article 28 is inserted 1 (one) article, t is Article 27A so as to read as follows:
"Article 27A
API that is issued based on Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number as amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010 is still valid in Free Trade Zone and Free Port."
This regulation shall come into force on August 1, 2011.
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 July 25, 2011
THE MINISTER OF TRADE
signed,
MARI ELKA PANGESTU