to Indonesian
a. that based on Presidential Instruction No. 1/1971 concerning Authorization to the Head of Intelligent Board to coordinate all activities such relevant agencies/institutions in eradication banknotes counterfeiting activities, it is necessary tight control and supervision on the import and using of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines;
b. that to support effective implementation of policy in import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines by Amendment the ASEAN Harmonized Tariff Nomenclature (AHTN), it is necessary to amend Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2007 concerning Provisions on the Import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines;
c. that based on consideration as intended in paragraphs a and b, it is necessary to stipulate Regulation of the Minister of Trade;
In View of:
1. Crime Law (Wetboek van Strafrecht) (Statute Book No. 732/1915);
2. Trade Law 1934 (State Book of Statutes No. 86/1938);
3. Law No. 6/1981 concerning Ratification of the International Convention On for the Suppression of Counterfeiting Currency and Protocol, Geneva 1929) (Statute Book of the Republic of Indonesia No. 36/1981, Supplement to Statute Book of the Republic of Indonesia No. 3199);
4. Law No. 5/1984 concerning Industry (Statute Book of the Republic of Indonesia of 1984 No. 22, Supplement to Statute Book of the Republic of Indonesia No. 3274);
5. 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);
6. 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 of 2006 No. 93, Supplement to Statute Book of the Republic of Indonesia No. 4661);
7. Law No. 23/1999 concerning Bank of Indonesia (Statute Book of the Republic of Indonesia No. 66/1999, Supplement to Statute Book of the Republic of Indonesia No. 3843) as amended by Law No. 3/2004 (Statute Book of the Republic of Indonesia No. 7/2004, Supplement to Statute Book of the Republic of Indonesia No. 4357);
8. Law No. 7/2011 concerning Currency (Statute Book of the Republic of Indonesia No. 64/2011, Supplement to Statute Book of the Republic of Indonesia No. 5223);
9. Government Regulation No. 11/1962 concerning Trading of Controlled Goods (Statute Book of the Republic of Indonesia No. 46/1962, Supplement to Statute Book of the Republic of Indonesia No. 2473) as amended by Regulation of Government of Republic of Indonesia No. 19/2004 (Statute Book of the Republic of Indonesia No. 68/2004, Supplement to Statute Book of the Republic of Indonesia No. 4402);
10. Presidential Decree No. 260/1967 concerning Definition of the Duties and Responsibility of The Minister of Trade in Foreign Trade;
11. Presidential Decree No. 84/P/2009 concerning Establishment of the United Indonesia Cabinet II, as amended by Presidential Regulation No. 76/2011;
12. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended by Presidential Regulation No. 76/2011;
13. Presidential Regulation No. 24/2010 concerning Position, Duties, and Function of State Ministries as well as Organization Structure, Duties and Function of First Echelon as amended by Presidential Regulation No. 67/2010;
14. Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2006 concerning Terms and Procedure for the Issuance of Registration Certificates For Agents or Distributors of Goods and/or Services;
15. Decree of the Head of State Intelligent Board as Head of Suppression of Counterfeiting Currency Coordinator No. KEP-061 of 2006 concerning Operational Permit of Color Multifunction Machines, Color Photocopying Machines and other Color Duplicating Machines;
16. Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2007 concerning Provisions on the Import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines;
17. Regulation of the Minister of Trade No. 19/M-DAG/PER/5/2009 concerning Registration of Manual and After Sales Guarantee in Indonesia Language for Telematics and Electronics Products;
18. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer’s Identity Number (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011;
19. Regulation of the Minister of Trade No. 54/M-DAG/PER/9/2009 concerning General Provisions in Import;
20. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
DECIDES:
To stipulate:
REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 15/M-DAG/PER/3/2007 CONCERNING PROVISIONS ON THE IMPORT OF COLOR MULTIFUNCTION MACHINES, COLOR PHOTOCOPYING MACHINES AND COLOR PRINTING MACHINES
Article I
Several Provisions in Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2007 concerning Provisions on the Import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines shall be amended as follows:
1. Provisions of Article 1 shall be amended as follows:
Article 1
In this Ministerial Regulation:
1. Color Multifunction Machines are any such machines which have dual functions or more with the ability to print, reproduce or fax; with facilities for interface with such automatic data processing machine or networks capable to produce multi color printed materials.
2. Color Photocopy Machines are any such photocopy machines which have the ability to produce multi color printed materials.
3. Color Printing Machines are any such machines to which automatic data processing machine may be attached in order to produce multi color printed materials.
4. Registered Importers (IT) of Color Multifunction Machines, Color Photocopying Machines And Color Printing Machines, are any such companies which have acquired Importer’s Identity Number (API) and licensed by Director General of Foreign Trade of Trade Ministry to import Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines.
5. Principals are any such foreign entities which have the power and authorizations to name and appoint their agents or distributors in Indonesia to sell such goods and/or services they might own or possess.
6. Recommendation is such letter issued by such authorized officer of Industry Ministry and officer of Anti Banknotes Counterfeiting Coordinating Agency; but is not to be treated as license/approval to import.
7. Import Verification or Technical Inquiry is technical inspection activities on the import goods in loading port of goods that is conducted by surveyor.
8. Surveyor is surveying company authorized to carry out verification or technical inquiry on import goods.
9. Minister is minister who conducting government affairs in the trading field.
10. Director General is Director General of Foreign Trade, Ministry of Trade.
11. Director General of IUBTT is Director General of High Tech Prime Industry, Ministry of Industry.
12. BOTASUPAL is Coordination Board of Eradication Banknotes Counterfeiting Activities that is Led by Head of State Intelligent Board based on Presidential Instruction No. 1/1971.
2. Provision in Article 4 paragraph (1) shall be amended so Article 4 is read as follows:
Article 4
(1) Companies seeking to obtain Designation as IT of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, shall submit a written application to the Director General, attaching the following documents:
a. Photocopy of Trading Business Permit (SIUP) or other such permit that is issued by authorized technical agency;
b. Photocopy of Company Registration (TDP);
c. Photocopy of Importer’s Identity Number (API);
d. Photocopy of Taxpayer Identity Number (NPWP);
e. Recommendation of BOTASUPAL;
f. Agency or Distributor License, issued by such Foreign Principal of the Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, duly certified by the Embassy of Republic of Indonesia and competent Notary Public at the Country of the Principal (submits the photocopy and shows the original license); and
g. Original product brochures/catalogs, in printout form and/or in electronic media, issued by the Principal of the Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines.
(2) Against the written application filed by a company applicant, as intended in paragraph (1), the grant or otherwise refusal to grant the Designation as IT of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, will be given by the Director General no later than 10 (ten) working days after receipt of the application.
(3) A Designation as IT of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines as intended above in Article 3, is valid for a period of 2 (two) years, and may be extended thereafter.
(4) Once a company is designated as IT of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, any change of data contained in the document as contemplated above in paragraph (1) shall be reported by it no later than 30 (thirty) workdays after such changes.
(5) Format of the Certificate of Designation as IT of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines, under Article 3 above, is given in Attachment II of this Ministerial Regulation.
3. Between Article 4 and Article 5 is inserted 1 (one) article, called Article 4A, read as follows:
Article 4A
(1) Extension of appointment as IT of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines as intended in Article 4 paragraph (3) only can be done at the latest 30 (thirty) calendar days before expired of IT of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines.
(2) Application for extension of appointment IT of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines as intended in paragraph (1) is in written to the Director General, accompanied by following documents:
a. Recommendation from BOTASUPAL; and
b. Original effective Appointment as IT of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines.
4. Provisions of Article 5 shall be amended as follows:
Article 5
(1) Each importation of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines by a Registered-Importer [IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines, requires a prior approval from the Director General as regards the particulars such as quantity, types, technical specifications, port of destination, loading port, and 6 (six) months effective period of such import approval.
(2) In order to obtain the import approval as intended above in paragraph (1), the (IT) of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines shall submit a written application to the Director General, with a copy of which also sent to the Director General of IUBTT and to BOTASUPAL, by attaching:
a. Statement on planned imports of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines, duly executed by the authorized officers of the company concerned.
b. Recommendation from Director General of IUBTT.
(3) Format of import approval as intended above in paragraph (1) is given in Attachment III of this Minister Regulation.
5. Provision in Article 6 paragraph (1) shall be amended, so Article 6 is read as follows:
Article 6
(1) A Registered-Importer (IT] of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines which has acquired import approval as intended in Article 5 paragraph (1), shall submit import realization report, on quarterly basis or from time to time as required to the Director General, and copies thereof shall also be submitted to Director General of IUBTT and BATOSUPAL.
(2) Import realization report as intended in paragraph (1) shall contain information on realization or non realization of the import of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines.
(3) Import realization report as intended in paragraph (1) shall be submitted not later than 15 of the ensuing month of import realization month.
(4) Format of import realization report as intended in paragraph (1) is as stated in Attachment IV of this Ministerial Regulation.
6. Provision of Article 9 paragraph (1) shall be amended, so Article 9 is read as follows:
Article 9
(1) The Surveyor, as intended above in Article 8 paragraph (1) shall submit monthly reports on the implementation of their verification activities with the Director General, with copies thereof also sent to Director General of IUBTT and the BOTASUPAL no later than 15 of the ensuing month.
(2) Surveyor will be liable to ensure that the goods exported are according to the data contained in the related Surveyor Report as intended in Article 8 paragraph (3).
(3) The provisions governing the conduct/performance of such verification or technical assessment activities, as intended in Article 7, are to be stipulated by the Director General.
7. Between Article 10 and Article 11 is inserted 1 (one) article, called Article 10A, read as follows:
Article 10A
(1) The import of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines that are used to print in other non paper medias are excepted from provision of IT of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines as intended in Article 4.
(2) The import as intended in paragraph (1) should:
a. get import approval; and
b. verified or get technical inquiry as intended in Article 7.
(3) To obtain import approval as intended in paragraph (2) a, companies should file written application to the Director General with copy to the Director General of IUBTP and BOTASUPAL, attaching the following documents:
a. Photocopy of Trading Business Permit (SIUP), Industrial Business Permit (IUI), or other such permit that is issued by authorized technical agency;
b. Photocopy of Company Registration (TDP);
c. Photocopy of Taxpayer Identity Number (NPWP);
d. Photocopy of Importer’s Identity Number (API);
e. Statement of import plan of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines that is signed by Prime Director or the proxy of Prime Director;
f. Recommendation of BOTASUPAL; and
g. Recommendation of Director General of IUBTT.
(4) Against the written application as intended in paragraph (3), Director General issues import approval no later than 5 (five) working days after receipt of the complete and right application.
(5) In case written application as intended in paragraph (3) is not complete and right, Director General submit rejection notification of application no later than 5 (five) working days after receipt of the application.
(6) Import approval as intended in paragraph (4) valid for 6 (six) months.
(7) Companies as intended in paragraph (3) should submit report of import realization as intended in Article 6.
8. Between Article 11 and Article 12 is inserted 1 (one) article, called Article 11A, read as follows:
Article 11A
Companies as intended in Article 10A paragraph (3) that made violation to the provision of reporting obligation as intended in Article 10A paragraph (7) will get sanction of:
a. revocation of import permit as intended in Article 10A paragraph (4); and/or
b. pending import of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines for the next period.
9. Between Article 13 and Article 14 is inserted 1 (one) article, called Article 13A, read as follows:
Article 13A
(1) Registered Importers of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines that are issued based on Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2007 concerning Provisions on the Import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines still valid until their expired date.
(2) Import Approvals of Color Multifunction Machines, Color Photocopying Machines, and Color Printing Machines based on Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2007 concerning Provisions on the Import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines still valid until their expired date.
10. Attachment I of Regulation of the Minister of Trade No. 15/M-DAG/PER/3/2007 concerning Provisions on the Import of Color Multifunction Machines, Color Photocopying Machines and Color Printing Machines shall be amended become as stated in Attachment that is an integral part of this Ministerial Regulation.
Article II
This Ministerial Regulation shall come into force on March 1, 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 April 14, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
Signed,
GITA IRAWAN WIRJAWAN