to Indonesian
a. that in the framework of the increasing use of domestic produced capital goods by taking attention to availability of used capital goods are required by industrial production process, it is necessary to amend several provisions in the Regulation of the Minister of Trade Number 48/M-DAG/PER/12/2011 concerning Provision on the Import of Used Capital Goods;
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 Number 86 of 1938);
2. Law Number 3 of 1982 concerning Company Obligatory Registration (Statute Book of the Republic of Indonesia Number 7 of 1982, Supplement to Statute Book of the Republic of Indonesia Number 3214);
3. Law Number 5 of 1984 concerning Industry (Statute Book of the Republic of Indonesia Number 22 of 1984, Supplement to Statute Book of the Republic of Indonesia Number 3274);
4. Law Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 75 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3612) as amended by Law Number 17 of 2006 (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4661);
5. Law Number 36 of 2000 concerning Stipulation of Government Regulation in Lieu of Law Number 1 of 2000, concerning Free Trade Zone and Free Port to become Law (Statute Book of the Republic of Indonesia Number 251 of 2000, Supplement to Statute Book of the Republic of Indonesia Number 4053) as amended by Law Number 44 of 2007 (Statute Book of the Republic of Indonesia Number 130 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4775);
6. Law Number 25 of 2007 concerning Capital Investment (Statute Book of the Republic of Indonesia Number 67 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4724);
7. Law Number 39 of 2008 concerning State Ministry (Statute Book of the Republic of Indonesia Number 166 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4916);
8. Law Number 25 of 2009 concerning Public Services (Statute Book of the Republic of Indonesia Number 112 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5038);
9. Law Number 32 of 2009 concerning Protection and Management of Living Environment (Statute Book of the Republic of Indonesia Number 140 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5059);
10. Law Number 36 of 2009 concerning Health (Statute Book of the Republic of Indonesia Number 144 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5063);
11. Government Regulation Number 17 of 1986 concerning Authority to Govern, Manage and Develop Industry (Statute Book of the Republic of Indonesia Number 23 of 1986, Supplement to Statute Book of the Republic of Indonesia Number 3330);
12. Government Regulation Number 13 of 1995 concerning Industrial Business License (Statute Book Number 25 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3596);
13. Government Regulation Number 72 of 1998 concerning Safety of Pharmaceutical Stocks and Medical Devices (Statute Book Number 138 of 1998, Supplement to Statute Book of the Republic of Indonesia Number 3781);
14. Government Regulation Number 33 of 2007 concerning Safety from Pengion Radiation and Security from Radioactive Resource (Statute Book of the Republic of Indonesia Number 74 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4730);
15. Government Regulation Number 29 of 2008 concerning Permits for Utilization of Pengion Radiation and Nuclear Substance (Statute Book of the Republic of Indonesia Number 54 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4839);
16. Presidential Decree Number 260 of 1967 concerning Confirmation of Duty and Responsibility of the Minister of Trade in the Foreign Trade;
17. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;
18. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of the State Ministry as amended by Presidential Regulation Number 91 of 2011;
19. Presidential Regulation Number 24 of 2010 concerning Position, Duty and Function of the State Ministry and Organizational Structure, Duty and Function of Echelon I of the State Ministry as amended by Presidential Regulation Number 92 of 2011;
20. Regulation of the Minister of Trade Number 12/M-DAG/PER/3/2009 concerning Delegation of Authority for Issuing Permits in Foreign Trade Sector to 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;
21. Regulation of the Minister of Trade Number 54/M-DAG/PER/10/2009 concerning General Provision in Import Field;
22. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Procedure of the Ministry of Trade;
23. Regulation of the Minister of Health Number 1198/MENKES/PER/VII/2010 concerning Distribution Permit of Healthy Devices and Household Health Supplies;
24. Regulation of the Minister of Finance Number 147/PMK.04/2011 concerning Bonded Zone as amended several times, the latest by Regulation of the Minister of Finance Number 44/PMK.04/2012;
25. Regulation of the Minister of Trade Number 48/M-DAG/PER/12/2011 concerning Provisions on the Import of Used Capital Goods;
26. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on the Importer’s Identity Number (API);
REGULATION OFTHE MINISTER OF TRADE CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NUMBER 48/M-DAG/PER/12/2011 CONCERNING PROVISIONS ON THE IMPORT OF USED CAPITAL GOODS.
Several provisions in Regulation of the Minister of Trade Number 48/M-DAG/PER/12/2011 concerning Provisions on the Import of Used Capital Goods shall be amended as follow:
1. Provisions of Article 1 shall be amended become as follows:
"Article 1
In this Ministerial Regulation what is referred as:
1. Used Capital Goods are goods for business capital or to produce something, still useable, or to be reconditioned, remanufactured, multi functioned and not for scrap.
2. Direct User Company is any company that holds business license for importing Used Capital Goods for production process or to be used for other purposes not in production process.
3. Reconditioning company is any company that hold business license for reconditioning industry to process Used Capital Goods to become end products for the purpose of export or to fulfill orders from domestic Direct User Company.
4. Remanufacturing company is be company that holds business license for remanufacturing industry (including in KLBI 28240) to process used heavy equipment components to become end product and guaranteed by brand holder for the purpose of export and/or to fulfill orders from domestic Direct User company.
5. Healthy Appliances Provider Company is company that holds business license to import Used Capital Goods containing source of pengion radiation for the purpose of medical service.
6. Business License is license granted to industry/company to carry out business activities, issued by the competent authority according to the statutory regulation.
7. Distribution License is license granted to the company to produces healthy equipment or household healthy tools, whose will be imported, used and/or distributed in the territory of the Republic of Indonesia, based on valuation to the quality, safety, and function.
8. Surveyor is survey company that has obtained authorization to conduct technical examination on Used Capital Goods.
9. Bonded Zone Operator is legal board to do activities of preparation and manage an area for Bonded Zone management activities;
10. Customs Office is office within Directorate General of Customs and Excise environment where customs obligations are fulfilled in accordance with Customs Law and Excise Law.
11. Minister is minister in charge of governmental affairs in the trade sector.
12. Director General is Director General of Foreign Trade, Ministry of Trade.
13. Director is Director of Import, Directorate General of Foreign Trade, Ministry of Trade."
2. Provisions of Article 3 paragraph (4) shall be amended, so Article 3 becomes as follows:
"Article 3
(1) Any import of Used Capital Goods as intended in Article 2 paragraph (1) must obtain approval to import from the Director.
(2) Direct User Company as intended in Article 2 paragraph (2)a that want to import Used Capital Goods should file written application to the Director supported by the requirements below:
(3) Reconditioning Company or Remanufacturing Company as intended in Article 2 paragraph (2) b and c that want to import Used Capital Goods should submit written application for approval to import to the Director supported by the requirements as follows:
(4) Healthy Appliances Provider Company as intended in Article 2 paragraph (2) d that want to import Used Capital Goods should submit written application for approval to import to the Director supported by the requirements as follows:
3. Provisions of Article 6 paragraphs (2) and (3) shall be amended, so Article 6 becomes as follows:
"Article 6
(1) Import of Used Capital Goods that has obtained approval for import as intended in Article 3 must be technically examined by the Surveyor in the country of loading the goods.
(2) The technical examination of Used Capital Goods as intended in paragraph (1) shall cover:
(3) The result of technical examination conducted by the Surveyor on the Used Capital Goods as intended in paragraph (2) shall be set forth in the Certificate of Inspection containing:
(4) Certificate of Inspection as intended in paragraph (3) shall be used as supporting document for customs in customs clearance of import.
(5) All fees for technical examination conducted by the Surveyor as intended in paragraph (1) shall be borne by the company as intended in Article 2 paragraph (2)."
4. Provisions of Article 8 shall be amended becomes as follows:
"Article 8
(1) Used Capital Goods as intended in Article 2 paragraph (1) include in Heading/HS 84 and 85 as listed in Attachment to this Ministerial Regulation should have maximum age of 20 (twenty) years.
(2) Used Capital Goods include in Heading/HS 84 and 85 as listed in Attachment to this Ministerial Regulation with age more than 20 (twenty) years should get recommendation from the Ministry of Industry."
5 Provision of Article 11 shall be amended becomes as follows:
"Article 11
(1) The Used Capital Goods as intended in Article 2 paragraph (1) imported to Bonded Zone does is exempted from provisions on the import approval as intended in Article 3 and provisions on the technical examination as intended in Article 6.
(2) Imported Used Capital Goods that have been used in Bonded Zone and Free Trade Zone and Free Port for more than 2 (two) years may be transferred or sold to other company in Other Places within the Customs Area.
(3) The Used Capital Goods being transferred or sold as intended in paragraph (2):
a. must be technically examined by a Surveyor on the feasible operation and technical specification of the Used Capital Goods in Bonded Zone;
b. approval for import is necessary as intended in Article 3; and
c. clearance thereof must be in accordance with the provisions of regulations.
(4) Minutes of the transfer of goods as intended in paragraph (3) shall be signed by the local Head of Bonded Zone Operator and Head of Customs and Excise Services Office that supervises them with a copy to the Director General.
(5) If the result of technical examination as intended in paragraph (3) fails to comply with the provision as intended in Article 6 paragraphs (3), clearance of goods as intended in paragraph (2) must be in accordance with the provisions of regulations."
6. Provision of Article 12 paragraphs (1) and (2) shall be amended, so Article 12 becomes as follows:
"Article 12
(1) The Used Capital Goods as intended in Article 2 paragraph (1) included in Heading/HS 8471.41.10.00, 8471.50.10.00, and 8528.51.20.00 only can be imported to Bonded Zone and/or zones designed for recondition industry.
(2) The Used Capital Goods as intended in paragraph (1) must comply with the requirements as follows:
(3) The Used Capital Goods as intended in paragraph (1) only can be imported by Recondition Company already obtain import approval from the Director.
(4) To obtain import approval as intended in paragraph (3), Recondition Company should file written application for import approval to the Director by attached following requirements:
(5) Import of Used Capital Goods as intended in paragraph (1) that has obtained approval to import as intended in Article 3 must be technically examined as intended in Article 6."
7. Between Article 12 and Article 13 is inserted 1 (one) article, called Article 12A as follows:
"Article 12A
Exceptions from provisions in this Ministerial Regulation are determined by the Minister."
8. Provisions of Article 16 shall be amended become as follows:
"Article 16
(1) Evaluation of the implementation of this Ministerial Regulation done every 6 (six) months.
(2) Evaluation as intended in paragraph (1) carried out by a team established by the Director General.
(3) Team as intended in paragraph (2) consists of elements from Directorate General of Foreign Trade, Ministry or Trade and other related technical agencies."
9. Attachment to the Regulation of the Minister of Trade Number 48/M-DAG/PER/12/2011 concerning Provisions on the Import of Used Capital Goods is amended become as listed in Attachment that is an integral part of this Ministerial Regulation.
This Ministerial Regulation shall come into force on the date of promulgation and will be ended on December 31, 2013.
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 December 14, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN