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English version of Regulation body text and Attachment (pdf)
a. that in the framework for improvement of supporting for foreign trade policy in import sector toward national economic development, it is necessary to support certainty for business and more conducive business climate through increase control and monitoring of Importer's Identity Number (API);
b. that Importer's Identity Number (API) constitutes an identity that importers must own in undertaking the import of goods, which is used by the government as an instrument to arrange the import in the framework of the implementation of foreign trade policy in the import field;
c. existing regulation on the Importer's Identity Number cannot optimize function of Importer's Identity Number in improvement for supporting of foreign trade policy;
d. that based on consideration as intended in paragraphs a, b, and c, it is necessary to re-arrange provisions on the Importer's Identity Number (API);
e. that based on considerations as intended in paragraphs a, b, c, and d, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 3/1982 concerning Corporate Registration Number (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);
3. Law No. 5/1984 concerning Industry (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
4. 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);
5. 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);
6. Law No. 5/1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3817);
7. Law No. 36/2000 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2000 concerning Free Trade Zone and Free Port become 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 (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 of the Republic of Indonesia No. 60/2004, Supplement to Statute Book of the Republic of Indonesia No. 3839) as amended by Law No. 8/2005 (Statute Book of the Republic of Indonesia No. 108/2005, Supplement to Statute Book of the Republic of Indonesia No. 4548);
9. Law No. 25/2007 concerning Investment (Statute Book of the Republic of Indonesia No. 67/2007, Supplement to Statute Book of the Republic of Indonesia No. 4724);
10. Law No. 40/2007 concerning Limited Liability Company (Statute Book of the Republic of Indonesia No. 106/2007, Supplement to Statute Book of the Republic of Indonesia No. 4756);
11. Law No. 39/2008 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
12. Government Regulation No. 38/2007 concerning Division of Administration Affairs between the Government, Provincial Governments and Regent/Municipal Governments (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
13. Government Regulation No. 46/2007 concerning Batam Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia No. 107/2007, Supplement to Statute Book of the Republic of Indonesia No. 4757);
14. Government Regulation No. 47/2007 concerning Bintan Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia No. 108/2007, Supplement to Statute Book of the Republic of Indonesia No. 4758);
15. Government Regulation No. 48/2007 concerning Karimun Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia No. 109/2007, Supplement to Statute Book of the Republic of Indonesia No. 4759);
16. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade 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 United Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;
19. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended several times, the latest by Presidential Regulation No. 91/2011;
20. Presidential Regulation No. 24/2010 concerning Position, Duties, and Function of State Ministries as well as Organization Structure, Duties and Function of First Echelon of State Ministries as amended several times, the latest by Presidential Regulation No. 92/2011;
21. Regulation of the Minister of Trade 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. 54/M-DAG/PER/10/2009 concerning General Provisions in Import Sector;
23. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
24. Regulation of the Minister of Finance No. 188/PMK.04/2010 concerning Importing of Goods are carried by Passengers, Crews of Transportation Means, Border Crossers, and Delivery Goods;
25. Regulation of the Minister of Finance No. 213/PMK.011/2011 concerning Stipulation of Goods Classification System and Imposition of Import Duty Tariff on the Imported Goods;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS ON THE IMPORTER'S IDENTITY NUMBER (API).
In this Ministerial Regulation:
1. Import is an activity of entering goods into the Indonesian Customs Territory.
2. Importer's Identity Number hereinafter abbreviated as API is an identification number as importer.
3. Importer is individual or business entity in the form of statutory body or non-statutory body that undertakes import activities.
4. Market testing is an activity to sell certain industrial goods are imported by Producer that cannot be produced to know the reaction of the market and used in the framework to develop its business.
5. Complementary goods are goods of certain industry related to the industrial business permits, which are imported by Importer Producers from and produced by foreign companies that have a special relationship with the importer.
6. Special relationship is a relationship between the API-P owner companies with companies abroad where one party has the ability to control the other party or has significant influence over the other party in making financial and operating decisions according to applicable accounting standards.
7. Investment is all forms of capital investment by domestic investor or foreign investor to undertake business in the territory of the Republic of Indonesia.
8. 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.
9. 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.
10. Minister is the Minister who conducts government affairs in the field of trading.
11. Director General is Director General of Foreign Trade, Ministry of Trade.
12. Provincial Agency is agency in charge of trading affairs in the province.
13. Regent/Municipal Agency is agency in charge of trading affairs in a regency/city.
14. Free Trade Zone and Free Port Council, hereinafter called Zone Council is Batam Free Trade Zone and Free Port Council, Bintan Free Trade Zone and Free Port Council, and Karimun Free Trade Zone and Free Port Council.
15. Free Trade Zone and Free Port Management Board, hereinafter called Management Board is Batam Free Trade Zone and Free Port Management Board, Bintan Free Trade Zone and Free Port Management Board, and Karimun Free Trade Zone and Free Port Management Board.
Import may only be done by importers having API.
API as intended in Article 2 shall consist of:
(1) API-U as intended in Article 3 paragraph a. is given only to companies that import certain goods for trading purposes.
(2) Imports of certain goods as intended in paragraph (1) only for group/type of goods which are covered by the 1 (one) part (section) as listed in Goods Classification System based on regulation.
(3) The group/type of goods as intended in paragraph (2) is listed in the API-U of each company.
(4) Part (section) in the Goods Classification System as intended in paragraph (2) is listed in Attachment I which is an integral part and this Ministerial Regulation.
(1) API-P as intended in Article 3 paragraph b, is given only to company that import goods to be used for itself capital goods, raw materials, auxiliary materials, and/or materials to support the production process,
(2) Imported goods as intended in paragraph (1) are forbidden to be traded or transferred to another party.
(1) Company owner of API-P can import certain industrial goods are necessary for its business development and investment.
(2) Imported certain industrial goods as intended in paragraph (1) can be traded and/or transferable to another party.
(3) Certain industrial goods as intended in paragraph (1) are not used in the production process and only be used for the purposes of market testing and/or as complementary goods.
Imported certain industrial goods for the purpose of market testing as intended in Article 6 paragraph (3) must meet the following criteria:
(1) Market testing as intended in Article 6 paragraph (3) is performed only for a certain period.
(2) The period as intended in paragraph (1) determined by each supervisor technical agency based on the provisions of the regulation.
Certain industrial goods imported as complementary goods as intended in Article 6 paragraph (3) must meet the following criteria:
(1) Imported certain industrial goods as intended in Article 6 can only be done by the company owner of API-P which has been established as an Importer Producer,
(2) The number, type, and Post Tariff/HS of certain industrial goods and the importation period are determined based on the recommendation of the supervisor technical agency at the central level.
(1) To obtain a determination as Importer Producer as intended in Article 10, the company owner of the API-P must submit a written application to the Minister in this case the Director General by attaching:
(2) Director General for and on behalf of the Minister issues a determination as Importer Producer within 5 (five) working days since received complete and correct application.
Importer Producer who import certain industry goods for the purpose of a market testing or as complementary goods as intended in Article 7 and Article 9 remain subject to the provisions of the legislation.
(1) Directorate General of Foreign Trade, Ministry of Trade if necessary can conduct assessment of compliance (post audit) to the Company owner of API-P that has been established as Importer Producer, on the:
(2) Assessment as intended in paragraph (1) can be done by the Directorate General of Foreign Trade, Ministry of Commerce together with the relevant technical agencies.
(3) Direction for assessment of compliance (post audit) shall be determined by the Director General.
(1) Importer can only have 1 (one) type of API.
(2) API applies to any import activity in all areas of Indonesia.
(3) API applies for headquarters and all branch offices that have similar business activities.
(1) API valid for as long as importer is still running its business.
(2) Importer owner of API shall re-register at the issuing agency every 5 (five) years since the date of issuance.
(3) re-registration as intended in paragraph (2) shall be done at least 30 (thirty) days after the 5 (five) years.
(1) Importer owner of API in import subject to the following provisions:
(2) Ownership of API by the importer did not release the obligation to be met by the importer under the provisions of legislation in the field of import.
(1) The authority to issues API as intended in Article 3 is in the Minister.
(2) The Minister may delegate the authority to issues API to:
(1) Minister to delegate authority to issue API-U and API-P as intended in Article 3 to the Head of BKPM, for the investment company that its business permit is issued by the BKPM.
(2) Head of Investment Coordinating Board may delegate the authority as intended in paragraph (1) to the first echelon officials in charge of investment services and/or second echelon officials in charge of licensing services at the BKPM.
(3) Issuing of API-U and API-P as intended in paragraph (1) is signed for and on behalf of the Minister.
(1) Minister delegate authority to issue API-P as intended in Article 3 b to the Director General, for business entity or contractor in the field of energy, oil and gas, mineral and other natural resource management that conducting business activities under the cooperation contract agreement with the Government of the Republic of Indonesia.
(2) Issuance of API-P as intended in paragraph (1) is signed for and on behalf of the Minister.
(1) Minister delegate authority to issue API-U and API-P as intended in Article 3 to the Head of the Provincial Agency.
(2) Issuance of API-U and API-P as intended in paragraph (1) for company other than investment as intended in Article 18 paragraph (1) and company other than business entity or contractor as intended in Article 19 paragraph (1).
(3) Issuance of API-U and API-P as intended in paragraph (1) is signed for and on behalf of the Minister.
(4) In case issuance of API-U and API-P as intended in paragraph (1) through the Single Window Integrated Service or other forms of service, its implementation in coordination with the Provincial Agency and the Directorate General of Foreign Trade Ministry of Trade for the implementation of the application program issuing the API .
(1) The Minister delegated authority to issue API as intended in Article 3 to the Head of the Management Board for the company, business entity or contractor established and domiciled in the Free Trade Zone and Free Port.
(2) Provisions on the procedure for application and requirements of API, issuance of API, reporting on the realization of import by company owner of API, API data changes, and sanctions are regulated separately by the Head of Zone Council after make coordination with the Director General of Foreign Trade and refer to this Ministerial Regulation.
(3) The delegation of authority as intended in paragraph (1) may be withdrawn partly or wholly by the Minister if:
(1) Companies in the field of investment that will file application to obtain API-U and API-P as intended in Article 3, must fill the form as stated in Attachment II which are an integral part of this Ministerial Regulation to the Head of BKPM, by attaching:
(2) The business entity or contractor in the field of energy, oil and gas, mineral and other natural resource management that conducting business activities under the cooperation contract agreement with the Government of the Republic of Indonesia who will file application for API-P as intended in Article 3 b, must fill form as stated in Attachment III which is an integral part of this Ministerial Regulation to the Director General in this case the Director of Import, by enclosing:
(3) The company as intended in Article 20 paragraph (2) which will file application to obtain API-U, must complete the form as set out in Attachment IV which is an integral part of this Ministerial Regulation to the Head of the Provincial Agency and a copy to the Head of District/local by attaching:
(4) Company as intended in Article 20 paragraph (2) which will apply for a API-P, must fill the form as set out in Attachment V which is an integral part of this Minister Regulation to the Head of the Provincial Office and a copy to the Head of Regency/Municipality Agency by attaching:
(5) Submission of application and/or its copy as intended in paragraphs (1), (2), (3), and (4) can be done:
(1) Head of BKPM will issue or reject to issue API-U and API-P as intended in Article 22 paragraph (1).
(2) Further provisions on the issuance or rejection for issuance of API-U and API-P as intended in paragraph (1) will be arranged by the Head of BKPM.
(1) Director General will issue API-P within 5 (five) working days since received complete and right application as intended in Article 22 paragraph (2).
(2) In case of application for API-P as intended in Article 22 paragraph (2) has not been completed and right, Director General will submit rejection letter to the applicant within 7 (seven) working days since received application with the reasons of rejection.
(1) Head of Regency/Municipality Agency, based on copy of API application as intended in Article 22 Paragraphs (3) and (4) perform field inspection at the latest 3 (three) working days since receive copy of API application.
(2) In case inspection as intended in paragraph (1) cannot be completed on time, the Head of Provincial Agency may conduct field inspections within 7 (seven) working days since received the application.
(3) The inspection as intended in paragraph (1) is written in the Minutes of Inspection (BAP).
(4) Head of Regency/Municipality Agency submits BAP as intended in paragraph (3) to the Head of Provincial Agency within 2 (two) working days since the BAP was signed.
(1) Head of Provincial Agency issues API-U and API-P as intended in Article 22 Paragraphs (3) and (4) within 5 (five) working days since received complete and right BAP as intended in Article 25 Paragraph (3).
(2) Head of Provincial Agency submit a copy AP-U and API-P as intended in paragraph (1) to the Director of Import and Head of Regency/Municipality Agency that issues BAP.
(3) In case of an application for API-U and API-P as intended in Article 22 Paragraphs (3) and (4) was not complete and right, the Head of Provincial Agency submit rejection letter to the applicant within 7 (seven) working days since received BAP with a copy to the Head of Regency/Municipality Agency that issues BAP with the reasons for rejection.
(1) Format of API-U and API-P as intended in Article 3 are stated in Attachment VI, Attachment VII, Attachment VIII, Attachment IX, Attachment X, which are integrated parts of this Ministerial Regulation.
(2) API-U has blue color and API-P has light green color with the logo of the Ministry of Trade.
(1) Each API-U and API-P which is issued is given 9 (nine) digits number, followed by the letter B, letter D, or letter P.
(2) 9 (nine) digits as intended in paragraph (1) consists of:
(3) In case of there is change in the number of areas causes changes of code number of province and code number of district/municipality, then the new code number will be determined by the Director General.
(4) Sample of code number of Province, Regency/Municipality as set out in Attachment XII that is integral part of this Ministerial Regulation.
(1) Company the owner of API-P that is determined as Importer Producer as intended in Article 10 paragraph (1) must report import realization either in terms of realized or not realized, once in 3 (three) months to the Director General.
(2) Company the owner of API-U or API-P as intended in Article 22 paragraph (1) must report import realization either in terms of realized or not realized, once in 3 (three) months to the Head of BKPM.
(3) Company the owner of API-P as intended in Article 22 paragraph (2) must report import realization either in terms of realized or not realized, once in 3 (three) months to the Director General.
(4) Company the owner of API-U or API-P as intended in Article 22 Paragraphs (3) and (4) must report import realization either in terms of realized or not realized, once in 3 (three) months of the Head of Provincial Agency with the copy to the Head of Regency/municipality agency in where the company domicile.
(5) Head of BKPM, Head of Provincial Agency, and Head of Management Board submit report of recapitulation of import of each company the owner of API-U and API-P periodically every 3 (three) months to the Minister.
Head of BKPM, Head of Provincial Agency, and Head of Management Board submit report of recapitulation of issuance of API-U and API-P that were issued every 3 (three) months to the Minister.
(1) Company the owner of API-U or API-P must report every change related to the data of API-U or API-P at the latest 30 (thirty) days since there is a change to the Agency that issues API, with copies to the Director of Import and Head Regency/Municipality Agency in where the company domicile.
(2) The changes as intended in paragraph (1) include:
(3) For each change as intended in paragraph (1), company the owner of the API-U or API -P must file application to change API-U or API -P by using the form as set out in Attachment XIII, which is an integral part of this Ministerial Regulation by attaching:
(4) Issuing Agency issues changes of API-U or API-P within 3 (three) working days since received of the complete and right application as intended in paragraph (3).
Import can be done without the API to:
(1) Import without API as intended in Article 32 can only be done after obtaining import approval from the Director of Import Ministry Trade.
(2) In the case import without the API for the goods as intended in Article 32 paragraphs k, l, and m, implementation is done without the import approval.
Company the owner of API or company that obtain import approval without API have full responsibility on the import implementation in accordance with API or import without API which is owned.
API is frozen when the company the owner of API and/or Management/Directors of company owned API:
API that is frozen as intended in Article 35, can be reactivated if:
API is revoked if company owner of API and/or Management/Directors of company owner of API:
(1) Determination as Importer Producer is revoked, if:
(2) Company the owner of API-P that get sanction of revocation determination as Importer Producer can be activated if:
(3) Company the owner of API-P that get sanction of revocation as Importer Producer as intended in paragraph (1) a, can be re-determined as Importer Producer after 1 (one) year from the date of revocation of determination.
(4) To be determined again as an Importer Producer, company the owner of API-P must file application in according to the requirements as intended in Article 11 Paragraph (1).
(1) In case of API is revoked as intended in Article 37 paragraphs a, b, and/or c, company can only file application for new API after 1 (one) year from the date of revocation of API.
(2) in case of API is revoked as intended in Article 37 paragraphs d, e, f, g and/or h, company can only file application for the new API after 2 (two) year from the date of revocation of API.
Company as intended in Article 37 should file application with requirements as intended in Article 22 and return original API already revoked.
(1) Freezing, reactivation, and revocation of API-U and API-P as intended in Article 35, Article 36 and Article 37, is done on behalf of the Minister by:
(2) Head of BKPM delivers notification letter from freezing, reactivation ad revocation of API-U and API-P as intended in Article 35, Article 36 and Article 37 of the company concerned with copy to the Minister, Director General of Customs and Excise, the Head of Provincial Agency, Head of Regency/Municipality Agency and Head of Regency/Municipality PDPPM where company is domicile.
(3) Director General delivers notification letter from freezing, reactivation ad revocation of API-P as intended in Article 35, Article 36 and Article 37 of the company concerned with copy to the Minister, Director General of Customs and Excise, the Head of Provincial Agency, Head of Regency/Municipality Agency and Head of Regency/Municipality PDPPM where company is domicile.
(4) Head of Provincial Agency delivers notification letter from freezing, reactivation ad revocation of API-U and API-P as intended in Article 35, Article 36 and Article 37 of the company concerned with copy to the Director of Import, Director General of Customs and Excise, Head of Regency/Municipality Agency where company is domicile.
API-U and API-P have been issued based on the Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identification Number (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011, must conform with this Ministerial Regulation no later than December 31, 2012.
At the time of this Ministerial Regulation comes into force:
Further implementation direction of this Ministerial Regulation may be determined by Director General.
This Ministerial Regulation shall come into force on May 2, 2012.
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 May 1, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN