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DECREE OF THE MINISTER OF TRADE OF REPUBLIC OF INDONESIA
No. 301A/KP/X/77 YEAR 1977

CONCERNING
THE TRANSFER OF RIGHT FOR ISSUING THE INVESTMENT BUSINESS LICENSE IN THE FIELD OF TRADING AND THE LIMITED TRADING LICENSES IN THE FRAMEWORK OF CAPITAL INVESTMENT TO THE HEAD OF THE INVESTMENT COORDINATING BOARD MINISTER OF TRADE OF REPUBLIC OF INDONESIA,

Considering:

that in the framework of simplifying the investment system and procedures, it is required to transfer the right for issuing investment business license in the field of trading and limited trading licenses in the framework of capital investment, as referred in Article 10 point (1) and point (5) of Presidential Decree No. 53/1977 to the Head of the Investment Coordinating Board.

In view of:

1. Trade Law 1938 (Statute Book 1938:86) as has been amended and added several times;

2. Law No. 1/1967 concerning Foreign Investment (Statute Book No. 1/1967, supplement to Statute Book No. 2818) jo Law No. 11/1970 (Statute Book No. 46/1970, supplement to Statute Book No. 2943);

3. Law No. 6/1968 concerning Domestic Investment (Statute Book No. 33/1968, supplement to Statute Book No. 2853) jo Law No. 12/1970 (Statute Book No. 47/1970, supplement to Statute Book No. 2944);

4. Government Regulation No. 1/1957 concerning the Companies' Distribution (Statute Book No. 7/1957, supplement to Statute Book No. 1144) jo Government Regulation No. 53/1957 (Statute Book No. 150/1957, supplement to Statute Book No. 1467);

5. Presidential Decree No. 9/1973 concerning Establishment of Development Cabinet II;

6. Presidential Decree No. 53/1957 concerning Investment Coordinating Board;

7. Presidential Decree No. 54/1977 concerning Basic Provisions on Investment Procedures.

HAS DECIDED:

To stipulate:

DECREE OF THE MINISTER OF TRADE CONCERNING THE TRANSFER OF RIGHT FOR ISSUING THE INVESTMENT BUSINESS LICENSE IN THE FIELD OF TRADING AND THE LIMITED TRADING LICENCES IN THE FRAMEWORK OF CAPITAL INVESTMENT TO THE HEAD OF THE INVESTMENT COORDINATING BOARD

Article 1

Transferring the right of issuing the investment business license in the field of trading in the framework of Law No. 1/1967 concerning Foreign Investment and Law No. 6/1968 concerning Domestic Investment to the Head of the Investment Coordinating Board.

Article 2

Transferring the right of issuing the limited trading licenses for investment in the framework of Law No. 1/1967 concerning Foreign Investment and Law No. 6/1968 concerning Domestic Investment, that includes:

(1) Limited Importer's Identity Number,

(2) Limited Domestic Buying License,

(3) Limited Domestic Trading License,

(4) Limited Exporter's Identity Number.

Article 3

Head of the Investment Coordinating Board shall issue the business license and the limited trading licenses as intended in Article 1 and Article 2 in the name of the Minister of Trade.

Article 4

In the framework of undertaking the provisions on Article 1, Article 2 and Article 3, the Head of the Investment Coordinating Board shall notice the guidance and provision given by the Minister of Trade as intended in the appendix of this decree.

Article 5

Head of the Investment Coordinating Board in the framework of undertaking the provisions on Article 1, Article 2 and Article 3, shall report to the Minister of Trade by submitting the copies of the issued business license and the limited trading licenses.

Article 6

With the enforcement of this Decree, the provisions in the Decree of the Minister of Trade or other regulations concerning the issuance of business license and the limited trading licenses that conflict with this Decree shall be declared null and void.

Article 7

This Decree shall come into force since the date of stipulation.

Stipulated in Jakarta,
on 26 October 1977
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed,
RADIUS PRAWIRO


APPENDIX

DECREE OF THE MINISTER OF TRADE OF REPUBLIC OF INDONESIA
No. 301A/Kp/X/77 YEAR 1977

CONCERNING
THE TRANSFER OF RIGHT FOR ISSUING THE INVESTMENT BUSINESS LICENSE IN THE FIELD OF TRADING AND THE LIMITED TRADING LICENCES IN THE FRAMEWORK OF CAPITAL INVESTMENT TO THE HEAD OF THE INVESTMENT COORDINATING BOARD AND THE PROVISION OF ISSUING THE INVESTMENT BUSINESS LICENSE IN THE FIELD OF TRADING AND THE LIMITED TRADING LICENCES IN THE FRAMEWORK OF CAPITAL INVESTMENT

1. Trading business sector can be held by using the investment facilities in the framework of Law No. 1/1967 concerning Foreign Investment and Law No. 6/1968 concerning Domestic Investment along with its implementation regulations.

2. Trading business sector open for capital investment in the framework of Law No. 1/1967 dan Law No. 6/1968 is as listed in the effective Priority Scale List of Investment Business Sector as well as The Detailed Investment Yearly Plan of Investment Business Sector.

3. In the framework of orderly production and distribution, limited trading activities that can be done by the companies in the field of production, in principle, are the facilities in the framework of supporting the investment based on the principle of inter-sector relation.

4. Every company that conduct the business in the field of trading, or that undertake the trading activities, is obliged to own the trading business license or limited trading licenses.

5. The transfer of right for issuing investment business license in the field of trading and limited trading licenses in the framework of capital investment shall be applied for investment proposals that are in the process of finalizing and for proposals that are proposed after the enforcement of Presidential Decree No. 53/1977 and No. 54/1977.

6. Investment Business License in the field of trading shall be issued for the period according to the provision in Law No. 1/1967 and Law No. 6/1968.

7. Limited trading licenses in the framework of capital investment are:

8. Limited Exporter's Identity Number can be issued to investment company in the framework of Law No. 1/1967 and Law No. 6/1968 and applied for:

9. (a) To support the implementation of import in relation to the technical aspect of banking, etc., Limited Importer's Identity Number can be given to the Company's Head Office or Branch Office in accordance with its necessity.

10. Periods of effective limited trading licenses:

11. Models of limited trading licenses in the framework of investment are as follows:

12. Importing goods in the framework or outside the Master List to be used in its own production process must be conducted by using the Limited Importer's Identity Number.

13. In the framework of supervising, every issuance of investment business licensing in the field of trading and limited trading licenses in the framework of investment, the Investment Coordinating Board shall submit the copy of business license and trading licenses intended, in 2 (two) sheets each, to the Ministry of Trade cq. Directorate of Trading Infrastructures Development.

14. Foreign investment companies in the framework of Law No. 1/1967, domestic foreign companies in the framework of Law No. 6 pf 1968 and other foreign companies that conduct activities in the field of production, shall not distribute its production in domestic market directly to the seller or consumer, but must appoint national trading company as agent or distributor.

THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed,
RADIUS PRAWIRO