to Indonesian
a. that to support effective implementation of policy in the field of import of machine, machine apparatus, raw materials, unrecorded optical disk, and recorded optical disk in the framework to match with new determination of goods classification system, it is necessary to amended Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2010 concerning Provisions on the Import of Machine, Machine Apparatus, Raw Materials, Unrecorded Optical Disks and Recorded Optical Disks;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 5/1984 concerning Industrial Affairs (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
3. 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);
4. 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);
5. Law No. 5/1999 concerning Prohibition of Monopoly Practical 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);
6. Law No. 8/1999 concerning Customers Protection (Statute Book of the Republic of Indonesia No. 42/7999, Supplement to Statute Book of the Republic of Indonesia No. 3821);
7. Law No. 19/2002 concerning Copy Rights (Statute Book of the Republic of Indonesia No. 85/2002, Supplement to Statute Book of the Republic of Indonesia No. 4220);
8. Law No. 39/2008 concerning the State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
9. Government Regulation No. 29/2004 concerning High Technology Production Facilities for Optical Discs (Statute Book of the Republic of Indonesia No. 108/2004, Supplement to Statute Book of the Republic of Indonesia No. 4220);
10. Presidential Decree No. 260/1967 concerning Affirmation of Duties and Responsibilities of the Minister of Trade in Foreign Trade;
11. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;
12. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries, as amended several times, the latest by Presidential Regulation No. 91/2011;
13. Presidential Regulation No. 24/2010 concerning Position, Duties and Functions of the State Ministries as well as Organizational Structures, Duties, and Function of Echelon I of State Ministries, as amended several times, the latest by Presidential Regulation No. 92/2011;
14. Decree of the Minister of Industry and Trade No. 648/MPP/Kep/10/2004 concerning the Reporting and Control of Optical Disc Industries;
15. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning Provision on the Export and Import Permit Service by Using Electronic System Through INATRADE in the Framework of Indonesia National Single Window;
16. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provisions in Import;
17. Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2010 concerning Provisions on the Import of Machine, Machine Apparatus, Raw Materials, Unrecorded Optical Disks and Recorded Optical Disks;
18. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Administration of the Ministry of Trade;
19. Regulation of the Minister of Finance No. 188/PMK.04/2010 concerning Import of Goods are Carried by Passengers, Transportation Mean Crews, Border Crossers, and Delivery Goods;
20. Regulation of the Minister of Finance No. 213/PMK.011/2011 concerning Determination of Goods Classification System and Imposition of Import Duty Tariff on the Imported Goods;
21. Regulation of the Minister of Trade No. 27/M-DAG/PER/5/2002 concerning Provisions on the Importer's Identity Number (API);
REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 11/M-DAG/PER/3/2010 CONCERNING PROVISIONS ON THE IMPORT OF MACHINE, MACHINE APPARATUSES, RAW MATERIALS, UNRECORDED OPTICAL DISCS AND RECORDED OPTICAL DISCS
Several provisions in Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2010 concerning Provisions on the Import of Machine, Machine Apparatus, Raw Materials, Unrecorded Optical Disks and Recorded Optical Disks shall be amended as follows:
1. Provision in Article 4 shall be amended become as follows:
"Article 4
(1) Determination as IT optic discs as intended in Article 3 is done by the Director General.
(2) Director General delegates authority to issue determination as IT-optical Disks as intended in paragraph (1) to Director of Import.
(3) To become IT optic discs as intended in paragraph (1) companies shall propose written applications to the Director of Import, accompanied by the following documents:
a. Photocopies of business permit issued by the authorized agency to the companies to carry out business activities according to the law and regulation;
b. Photocopy of Importer's Identity Number (API);
c. Photocopy of Company's Registration Certificate (TDP);
d. Photocopy of taxpayer code number (NPWP);
e. Recommendations from the Director General of High Technology Basis Prime Industry of the Ministry of Industry for the importation of machines and machinery apparatuses;
f. Recommendations from the Director General of Manufacture Industry of the Ministry of Industry for the importation of raw materials arid unrecorded optical discs; and
g. Recommendations from the Director General of Intellectual Property Rights of the Ministry of Law and Human Rights for the importation of recorded optical discs.
(4) The Director of Import shall issue a decision declaring companies as IT optical discs no later than 7 (seven) working days after their applications have been received in a complete and correct manner."
2. Provision in Article 6 shall be amended become as follows:
"Article 6
To obtain the extended status as IT optical discs as intended in Article 5, IT optical discs shall propose applications to the Director of Import no later than 10 (ten) working days before the expiry date of the status as IT optical discs, by enclosing the following documents:
a. Recommendations from the Director General of High Technology Basis Prime Industry at the Ministry of Industry for the importation of machines and machinery apparatuses;
b. Recommendations from the Director General of Manufacture Industry at the Ministry of Industry for the importation of raw materials and unrecorded optical discs;
c. Recommendations from the Director General of Intellectual Property Rights at the law and Human Rights Ministry for the importation of recorded optical discs;
d. The original of document declaring companies as IT optical discs whose validity period will expire."
3. Provision in Article 7 shall be amended become as follows:
"Article 7
(1) The IT optical discs as intended in Article 4 which are to import machines, machine apparatuses, raw materials, unrecorded optical discs and recorded optical discs shall obtain import permits from the Director of Import.
(2) To obtain the import permits as intended in paragraph (1) IT optical discs shall propose written applications to the Director of Import, by enclosing:
a. Recommendations from the Director General of High Technology Basis Prime Industry at the Ministry of Industry for the importation of machines and machinery apparatuses;
b. Recommendations from the Director General of Manufacture Industry at the Ministry of Industry for the importation of raw materials and unrecorded optical discs; or
c. Recommendations from the Director General of Intellectual Property Rights at the Law and Human Rights Ministry for the importation of recorded optical discs;
(3) Import Approval as intended in paragraph (1) is valid for 6 (six) months period."
4. Provision in Article 8 shall be amended become as follows:
"Article 8
(1) IT optical discs that have obtained import permits as intended in Article 7 shall convey a report on the importation and distribution of machines, machine apparatuses, raw materials, unrecorded optical discs and recorded optical discs to the Director of Import once in every 3 (three) months.
(2) The report as intended in paragraph (1) shall be conveyed no later than 15th of the first month of the ensuing quarter through http://inatrade.kemendag.go.id."
5. Provision in Article 11 shall be amended become as follows:
"Article 11
(1) A decision declaring companies as IT optical discs will. be frozen if once the relevant companies do not meet the obligation to convey a report as intended in Article 8.
(2) The frozen decision that declaring companies as IT optical discs can be reactivated if the relevant companies have met the obligation to convey a report as intended in Article 8 within a period of 30 (thirty days) after the date of freezing.
(3) The freezing and reactivation shall be done by the Director of Import."
6. Provision in Article 12 shall be amended become as follows:
"Article 12
(1) A decision declaring companies as IT optical discs will be frozen if the relevant companies:
a. change, add, and/or replace the content of the decision declaring the companies as IT optical discs and/or import permits;
b. import machines, machine apparatuses, raw materials, unrecorded optical discs and recorded optical discs whose types and/or quantities do not accord with those contained in the import permits;
c. have the status as IT optical discs frozen twice;
d. do not meet the obligation to convey a report as intended in Article 8 within a period of 30 (thirty) days after the date of freezing; and/or
e. are declared guilty by the court for a criminal offence related to the abuse of machines, machine apparatuses, raw materials, unrecorded optical discs and recorded optical discs they have imported.
(2) The revocation of decision declaring companies, as IT optical discs as intended in paragraph (1) shall be done by the Director of Import."
7. Between Article 16 and Article 17 is inserted 1 (one) article, called Article 16A, read as follows:
"Article 16A
IT Optical Disk and import approval are issued based on Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2010 concerning Provisions on the Import of Machine, Machine Apparatus, Raw Materials, Unrecorded Optical Disks and Recorded Optical Disks shall remain in force until the expired date."
8. Attachment I of Regulation of the Minister of Trade No. 11/M-DAG/PER/3/2010 concerning Provisions on the Import of Machine, Machine Apparatus, Raw Materials, Unrecorded Optical Disks and Recorded Optical Disks shall be amended as listed in Attachment that is an integral part of this Ministerial Regulation.
This Ministerial Regulation shall come into force on July 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 May 29, 2012
THE MINISTER OF TRADE
signed,
GITA IRAWAN WIRJAWAN