to Indonesian
that in order to implement the provisions of Article 8 paragraph (1) of Government Regulation Number 83 of 2010 concerning Delegation of Government Authority To Head of Sabang Zone Council, it is necessary to stipulate Regulation of the Minister of Trade concerning Provision on the Issuance of Permits in the Field of Trade in Sabang Free Trade Zone and Free Port;
1. Trade Law 1934 (Statute Book Number 86 of 1938);
2. Law Number 37 of 2000 concerning the Determination of Government Regulation in lieu of Law Number 2 of 2000 concerning Sabang Free Trade Zone and Free Port become Law (Statute Book of the Republic of Indonesia Number 252 of 2000, Supplement to Statute Book of the Republic of Indonesia Number 4054);
3. Law Number 11 of 2006 concerning Aceh Government (Statute Book of the Republic of Indonesia Number 62 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4633);
4. 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);
5. Law Number 28 of 2009 concerning Regional Tax and Regional Levies (Statute Book of the Republic of Indonesia Number 130 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5049);
6. Government Regulation Number 83 of 2010 concerning Delegation of Government Authority to Sabang Zone Council (Statute Book of the Republic of Indonesia Number 143 of 2010, Supplement to Statute Book of the Republic of Indonesia Number 5175);
7. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;
8. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of State Ministries as amended several times, the latest by Presidential Regulation Number 91 of 2011;
9. Presidential Regulation Number 45 of 2012 concerning Types and Tariff of Non Tax State Revenues applied at Ministry of Trade;
10. Presidential Regulation Number 24 of 2010 concerning Position, Duty and Function of State Ministries as well as Organization Structure, Duty and Function of First Echelon of State Ministries as amended several times, the latest by Presidential Regulation Number 92 of 2011;
11. Decree of the Minister of Industry and Trade Number 199/MPP/Kep/6/2001 concerning Approval to Organize Trade Show, Convention and/or Trade Seminar;
12. Regulation of the Minister of Trade Number 10/M-DAG/PER/3/2006 concerning Provisions and Procedures for Issuance of Business Permit of Foreign Trade Representative as amended by Regulation of the Minister of Trade Number 28/M-DAG/PER/6/2010;
13. Regulation of the Minister of Trade Number 11/M-DAG/PER/3/2006 concerning Provisions and Procedures for Issuance of Certificate of Agency Registration or Distributors of Goods and/or Services;
14. Regulation of the Minister of Trade Number 14/M-DAG/PER/3/2006 concerning Provisions on the Survey Services Permit Procedures;
15. Regulation of the Minister of Trade Number 32/M-DAG/PER/8/2008 concerning Management of Trade Business Activities with Direct Sales System, as amended by Regulation of the Minister of Trade Number 47/M-DAG/PER/9/2009;
16. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2009 concerning Tariff for Issuance of Certificate of Origin for Export Goods of Indonesia;
17. Regulation of the Minister of Trade Number 43/M-DAG/PER/9/2009 concerning Procurement, Circulation, Sales, Supervision and Control of Alcoholic Beverages as amended several times, the latest by Regulation of the Minister of Trade Number 11/M-DAG/PER/3/2012;
18. Regulation of the Minister of Trade Number 44/M-DAG/PER/9/2009 concerning Procurement, Distribution and Monitoring of Hazardous Materials, as amended by Regulation of the Minister of Trade Number 23/M-DAG/PER/9/2011;
19. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade as amended by Regulation of the Minister of Trade Number 57/M-DAG/PER/8/2012;
20. Regulation of the Minister of Trade Number 59/M-DAG/PER/12/2010 concerning Provisions on the Issuance of Certificate of Origin (SKA) for Exported Goods of Indonesia;
21. Regulation of the Minister of Trade Number 60/M-DAG/PER/12/2010 concerning Issuing Agency of Certificates of Origin for Export Goods of Indonesia as amended by Regulation of the Minister of Trade Number 21/M-DAG/PER/4/2012;
22. 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 ISSUANCE OF PERMITS IN THE FIELD OF TRADE IN SABANG FREE TRADE ZONE AND FREE PORT
In this Ministerial Regulation what is referred as:
1. Sabang Free Trade Zone and Free Port hereinafter called as Sabang Zone, is an area which covers Sabang Town (Pulau Weh, Pulau Klah, Pulau Rubiah, Pulau Seulako and Pulau Rondo), and a part of Aceh Besar Regency (Pulau Breuh, Pulau Nasi, and Pulau Teunom) and the small islands around it which lies within the boundaries of the coordinates as attached in Law Number 37 of 2000 concerning Stipulation of Government Regulation in Lieu of Law Number 2 of 2000 concerning the Sabang Free Trade Zone and Free Port Become Law.
2. Permits in the field of trade hereinafter called as Permit is granting legality to the applicant in the form of a license, registration, approval, or certificate in the field of trade in Sabang Zone.
3. Foreign Trade Company Representative Business Permit is a permit to carry out Foreign Trade Company Representative business activities.
4. Registration Certificate is a proof that the said company has been registered as an Agent, Sole Agent, Sub Agent, Distributor, Sole Distributor, or Sub Distributor of goods and/or services.
5. Direct Sales Trading Business Permit is a permit to carry out trading business activities by using direct sales system.
6. Survey Services Business Permit is a permit to carry out survey services business activities.
7. Alcoholic Beverages Trading Business Permit is a permit to carry out special trading business activities of class B and/or class C alcoholic beverages.
8. Hazardous Materials Trading Business Permit is a permit to carry out special trading business activities of Dangerous Materials.
9. Importer Identification Number is a sign as an importer.
10. Certificate of origin is a document that is included at the time of Indonesia's export goods that meet the rules of origin enter certain region of the country that proving that the goods originate from Indonesia.
11. Sabang Zone Council, hereinafter abbreviated as DKS, is Sabang Free Trade Zone and Free Port Zone Council.
12. Sabang Free Trade Zone and Free Port Operation Agency, hereinafter called Sabang Zone Agency Operation Agency or abbreviated as BPKS, is Sabang Free Trade Zone and Free Port Management and Development Agency
13. Head of DKS is the Head of Sabang Free Trade Zone and Free Port.
14. Head of BPKS is the Head of the Sabang Free Trade Zone and Free Port Management and Development Agency.
15. Minister is minister who conducting government affairs in the field of trade.
Authority to issues Permits are delegated to DKS is authority to issues:
BPKS implement authority to issues Permit as intended in Article 2 based on Policies, Norms, Standards, and Procedures are determined by Minister as listed in Attachment of this Ministerial Regulation.
Permits as intended in Article 2 are given to the companies that are established and domiciled in Sabang Zone.
Companies that have Permits as intended in Article 2 paragraph a up to j only can do business activities in Sabang Zone.
(1) To obtain Permit as intended in Article 2, the Company must file application for a new, extension and replacement of Permit in writing to the Head of BPKS.
(2) Head of BPKS issued Permit within 5 (five) working days since received complete and correct application.
(3) Further provisions on the requirements and procedures to issue Permit shall be determined by Head of DKS after coordinating with the Ministry of Trade in this case the Director General of Domestic Trade and Director General of Foreign Trade.
(1) Except for the implementation for issuance of SKA, the implementation for issuance of Permits at DKS as intended in Article 2 is not charged in any form.
(2) The implementation for issuance of SKA as intended in Article 2 paragraph 1 is charged Rp. 5000. - (five thousand rupiah) and paid into the state treasury as Non Tax State Revenue of Ministry of Trade.
(1) Minister to provide guidance to:
(2) Guidance as intended in paragraph (1) shall be in the form of coordination, fostering, consulting, monitoring and evaluation.
(1) Supervision of the implementation of this Ministerial Regulation is carried out by the Inspectorate General of the Ministry of Trade.
(2) Supervision as intended in paragraph (1) include the implementation of:
(3) The supervision result as intended in paragraph (2) is reported by the Inspector General to the Minister to be used for evaluation of implementation of this Ministerial Regulation.
(1) Head of BPKS through Head of DKS shall submit issuance of Permit report to the Minister by copies to Director General of Domestic Trade, the Director General of Foreign Trade, Inspector General of Ministry of Trade, and Head of Agencies in the field of trade in Aceh Province.
(2) The report as intended in paragraph (1), shall be submitted in every 1 (one) year no later than January 31 of the ensuing year.
(1) Permits that have been granted to a companies domiciled in Sabang Zone prior to the enactment of this Ministerial Regulation, shall remain valid until the expiry period.
(2) Permits as intended in paragraph (1) which have expired can be extended or re-registered by refer to the provisions of this Ministerial Regulation.
Application for Permit filed by the company established and domiciled in Sabang Zone and still in the processing must follow the provisions of this Ministerial Regulation.
This Ministerial Regulation shall come into force 60 (sixty) days after the date of stipulation.
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 January 21, 2013
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed
GITA IRAWAN WIRJAWAN