to Indonesian
a. that on February 26, 2009, Government of Indonesia signed ASEAN Trade in Goods Agreement (ATIGA) that is codification and improvement of ASEAN agreement in the comprehensive and integrated goods trading according to that ASEAN Economic Community (AEC) blueprint in related with free flow of goods as one of elements to make one market and base of regional products.
b. ATIGA as intended in paragraph a has been ratified by Presidential Regulation No. 2/2010 concerning Ratification of ASEAN Trade in Goods Agreement;
c. that based on Article 21 Paragraph 1 (a) of ATIGA, that stipulate every member country is obligated to issues legal enactment to stipulate import duty tariff on all products in the Inclusion List (IL) category according with commitment that is governed in Common Effective Preferential Tariff for ASEAN Free Trade Area (CEPT-AFTA);
d. that based on consideration as intended in paragraph a, paragraph b, and paragraph c, as well as in the framework to implement provision in Article 13 paragraph (2) of Law No. 10/1995 concerning Customs as amended by Law No. 17/2006, it is necessary to stipulate Regulation of the Minister of Finance concerning Stipulation of Import Duty Tariff on the Import Goods in the Framework of ASEAN Trade in Goods Agreement (ATIGA);
1. Law No. 7/1994 concerning Ratification of Agreement 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);
2. 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);
3. Government Regulation No. 2/2010 concerning Ratification of ASEAN Trade in Goods Agreement;
4. Presidential Decree No. 56/P/2010:
REGULATION OF THE MINISTER OF FINANCE CONCERNING STIPULATION OF IMPORT DUTY TARIFF ON THE IMPORT GOODS IN THE FRAMEWORK OF ASEAN TRADE IN GOODS AGREEMENT (ATIGA).
To stipulate import duty tariff on the import goods from ASEAN countries, that are Brunei Darussalam, Cambodia, Laos, Malaysia, Myanmar, Philippine, Singapore, Thailand, and Vietnam, in the framework of ASEAN Trade in Goods Agreement (ATIGA), as stated in Attachment of this Regulation of the Minister of Finance that is an integral part of this Regulation of the Minister of Finance.
Provision on this Regulation of the Minister of Finance is effective on import goods that their import customs notification already secure registration number from Customs Office of entry port.
Application of import duty tariff as intended in Article 1 is performed with these follow provisions:
1. Import duty tariff in the framework of ATIGA is lower than general import duty tariff in only applicable on the import goods with Certificate of Origin (Form D) that is singed by authorized official in the concerned ASEAN country;
2. Importer is obliged to put ATIGA facility code and reference number of Certificate of Origin (Form D) on the notification of import goods; and
3. Original sheet of Certificate of Origin (Form D) is obliged to be submitted by importer when notify import goods on the Customs Office in entry port.
By the application of this Regulation of the Minister of Finance, on the import goods that have applies notification of imported goods already got registration number on Customs Office in entry port, following provision shall apply:
By the time of this Regulation of the Minister of Finance take effect, provision on the stipulation of import duty tariff as governed in:
1. Regulation of the Minister of Finance No. 125/PMK.010/2006 concerning Stipulation on Import Duty Tariff on Certain Imported Goods Products in the Framework of Common Effective Preferential Tariff (CEPT) scheme;
2. Regulation of the Minister of Finance No. 129/PMK.011/2007 concerning Stipulation on Import Duty Tariff on Imported Goods in the Framework of Common Effective Preferential Tariff (CEPT) Scheme as amended by Regulation of the Minister of Finance No. 127/PMK.011/2008;
3. Regulation of the Minister of Finance No. 247/PMK.011/2009 concerning Changes to Classification and Stipulation of Import Duty Tariff on the Certain Products of Imported Goods in the Framework of Common Effective Preferential Tariff (CEPT) Scheme;
are revoked and declared null and void.
Director General of Customs and Excise is instructed to implement provisions in this Regulation of the Minister of Finance.
This Regulation of the Minister of Finance shall come into force on the date of promulgation and retroactively effective since January 1, 2010.
For public cognizance, this Regulation of the Minister of Finance shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on July 12, 2010
MINISTER OF FINANCE,
signed,
AGUS D. W. MARTOWARDOJO