to Indonesian
a. that in order to create a fair trade and conducive business climate, it is necessary to increase administrative order;
b. that based on the considerations 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 7 of 1994 concerning Ratification of the Agreement Establishing the World Trade Organization (Statute Book of the Republic of Indonesia Number 57 of 1994, Supplement to Statute Book of the Republic of Indonesia Number 3564);
3. 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);
4. Law Number 36 of 2000 concerning the Determination of Government Regulation in lieu of Law Number 1 of 2000 concerning Free Trade Zone and Free Port into 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 concerning the Determination of Government Regulation in lieu of Law becomes Law (Statute Book of the Republic of Indonesia Number 130 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4775);
5. Law Number 39 of 2008 concerning State Ministries (Statute Book of the Republic of Indonesia Number 166 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4916);
6. 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);
7. Law Number 18 of 2012 concerning food (Statute Book of the Republic of Indonesia Number 227 of 2012, Supplement to Statute Book of the Republic of Indonesia Number 5360);
8. Government Regulation Number 102 of 2000 concerning National Standardization (Statute Book of the Republic of Indonesia Number 199 of 2000, Supplement to Statute Book of the Republic of Indonesia Number 4020);
9. Government Regulation Number 10 of 2012 concerning the Treatment of Customs, Taxation and Excise as well as Procedure to Enter and Release Goods to and from as well as in Zones are Determined as Free Trade Zones and Free Ports (Statute Book of the Republic of Indonesia Number 17 of 2002, Supplement to Statute Book of the Republic of Indonesia Number 5277);
10. Presidential Decree Number 260 of 1967 concerning Confirmation of Duty and Responsibility of the Minister of Trade in the Foreign Trade;
11. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;
12. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of the State Ministry as amended by Presidential Regulation Number 91 of 2011;
13. Presidential Regulation Number 24 of 2010 concerning Position, Duties and Function of the State Ministry and Organizational Structure, Duties and Function of Echelon I of the State Ministry as amended by Presidential Regulation Number 92 of 2011;
14. Regulation of the Minister of Industry and Trade Number 141/MPP/Kep/3/2002 concerning Special Importer’s Identification Number (NPIK) as amended by Regulation of the Minister of Trade Number 07/M-DAG/PER/3/2008;
15. Regulation of the Minister of Trade Number 28/M-DAG/PER/6/2009 concerning Export and Import Licensing Services with Electronic System through INATRADE in the framework of Indonesia National Single Window;
16. Regulation of the Minister of Trade Number 54/M-DAG/PER/10/2009 concerning General Provisions in Import;
17. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Procedure of Ministry of Trade, as amended by Regulation of the Minister of Trade Number 57/M-DAG/PER/8/2012;
18. Regulation of the Minister of Trade Number 18/M-DAG/PER/3/2012 concerning the Delegation of Authority for Permit Issuance to Coordinator and Implementer of Trading Service Unit;
19. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on the Importer’s Identity Number (API) as amended by Regulation of the Minister of Trade Number 59/M-DAG/PER/9/2012;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS ON THE IMPORT OF CERTAIN PRODUCTS.
In this Ministerial Regulation what is referred as:
1. Import is activities to enter goods into customs area.
2. Certain Products are products subject to import provisions based on this Ministerial Regulation which includes food and beverage products, traditional medicines and food supplements, cosmetics, apparel, footwear, electronics, and toys.
3. Registered Importer of Certain Products hereinafter called as IT of Certain Products is a company that does the importation activities of certain products.
4. Verification or technical inquiry is a technical inspection activities on certain products made at the port of loading by the surveyor.
5. Surveyor is a survey company that is authorized to conduct verification or technical inquiry on the imported products.
6. Trade Services Unit hereinafter abbreviated as UPP is a unit that organizes licensing services in trade sector.
7. Minister is the minister who held government affairs in the field of trade.
8. Director General is the Director General of Foreign Trade, Ministry of Trade.
9. Coordinator and Implementer of UPP is Official who is appointed by the Secretary General of the Ministry of Trade to coordinate and carry out the implementation of licensing services to the UPP.
10. Director is Director of Import, the Directorate General of Foreign Trade, Ministry of Trade.
Certain Products that are regulated in importation are listed in Attachment that is an integral part and regulation.
(1) Import of Certain Products as intended in Article 2 may only be done by a company that has gained determination as IT-Certain Products from the Minister.
(2) The Minister delegate authority to issues determination as IT of Certain Products to Coordinator and Implementer of UPP.
(1) To obtain the determination as IT of Certain Products as intended in Article 3, the company must submit a written application to the Coordinator and Implementer of UPP, accompanied with the following documents:
(2) Coordinator and Implementer of UPP on behalf of Minister issues a determination as IT-Certain products at the latest within 2 (two) working days after received complete and correct application.
Determination of Certain IT-Products as intended in Article 4 valid until ending of this Ministerial Regulation.
(1) Any importation of certain products by IT of Certain Products can only be done through the destination ports of:
(2) Imports of Certain Products by IT of Certain Products through Dumai seaport in Dumai, Jayapura seaports in Jayapura and Tarakan seaport in Tarakan only for food and beverage products.
(1) Importation of Certain Products to the needs of the population in the Free Trade Zone and Free Port and outside of the Customs Area governed in accordance with the provisions of regulations on the Free Trade Zone and Free Port.
(2) Certain products from outside the Customs Area are prohibited to be released from the Free Trade Zone and Free Port to another place in the Customs Area.
(1) Each implementation of certain products should be first conducted verification or technical inquiry at the port of loading.
(2) The verification or technical inquiry as intended in paragraph (1) carried out by the surveyor appointed by the Minister.
(3) To be determined as the implementer of verification or technical inquiry on the importation of Certain Products as intended in paragraph (2), Surveyor must meet the following requirements:
(1) Verification or technical inquiry as intended in Article 8 conducted on the importation of Certain Products, which include data or information on the:
(2) The results of the verification or technical inquiry as intended in paragraph (1) is written in the form of Surveyor Report (LS) to be used as a complementary customs documents in customs settlement in the field of import.
(3) On the implementation of the verification or technical inquiry as intended in paragraph (1), Surveyor collect fee from IT of Certain Products that the amount is determined by the cost benefit principle:
Provisions of import verification or technical inquiry as intended in Article 9 do not apply to the import of cosmetics.
Verification of technical inquiry activities on the importation of Certain Products by the surveyor do not diminish the authority of the Directorate General of Customs and Excise, Ministry of Finance to conduct customs inspection.
(1) Company that has obtained the determination as IT of Certain Products shall:
(2) Submission of the report as intended in paragraph (1) shall in case of importation is realized or unrealized.
(3) The report as intended in paragraph (1) a is submitted every 3 (three) months and at the latest on 15 (fifteen) of ensuing month to the Coordinator and Implementer of UPP, and Director.
Surveyor as intended in Article 8 paragraph (2) shall submit a written report on the verification or technical inquiry of Certain Products to the Director General in this case the Director of every month at the latest on 15 (fifteen) of ensuing month.
Determination of Certain IT-Products is revoked in case of the company:
Revocation of determination as IT of Certain Products determined by the Coordinator and Implementer of UPP for and on behalf of the Minister.
Determination as Surveyor shall be revoked in case of Surveyor:
Revocation of determination as Surveyor as intended in Article 16 shall be determined by the Minister.
(1) Importers who import certain products not in accordance with the provisions of this Ministerial Regulation shall be fined sanction in accordance with effective regulations.
(2) In case of Certain Products are imported are not in accordance with the provisions of this Ministerial Regulation, they should be re-exported.
(3) The cost of re-export as intended in paragraph (2) is responsibility of importer.
The provisions of this Ministerial Regulation shall not apply to imports:
Supervision of importation of Certain Products conducted in accordance with the provisions of the regulations.
Legal obligations determined based on other regulation still applicable to imports of Certain Products.
Technical guidelines on the implementing this Ministerial Regulation may be prescribed by the Director General.
(1) Certain Products are governed by Regulation of the Minister of Trade Number 57/M-DAG/PER/12/2010 concerning Provisions on the Import of Certain Products that are imported by IT of Certain Product from origin country and shipped prior to January 1, 2013 should arrive at the port of destination no later than February 28, 2013.
(2) The implementation of importation of certain products as intended in paragraph (1) as evidenced by:
Determination of Surveyor as implementer of verification or technical inquiry of Certain Products based on Regulation of the Minister of Trade Number 57/M-DAG/PER/12/2010 concerning Provision on the Import of Certain Products shall remain in effect until the determination of Surveyor as implementer of verification of technical inquiry of Certain Products based on this Ministerial Regulation.
When this Ministerial Regulation comes into force, Textile and Textile Products in the number 33 to number 49 as listed in Attachment of Regulation of the Minister of Trade Number 23/M-DAG/PER/6/2009 concerning Provision on the Import of Textiles and Textile Products as amended by Regulation of the Minister of Trade Number 02/M-DAG/PER/1/2010, shall be revoked and declared void.
The implementation of this Ministerial Regulation is evaluated 1 (one) year from the date of enforcement of this Ministerial Regulation.
This Ministerial Regulation shall come into force on January 1, 2013 and ending on December 31, 2015.
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 27, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed.
GITA IRAWAN WIRJAWAN