JOINT REGULATION OF THE MINISTER OF TRADE AND MINISTER OF INDUSTRY

No. 28/M-DAG/PER/7/2006 and
No. 56/M-IND/PER/7/2006

CONCERNING
PROVISIONS ON THE IMPORT OF NON-NEW CAPITAL GOODS TO THE PROVINCE OF NANGGROE ACEH DARUSSALAM AND KEPULAUAN NIAS IN THE NORTH SUMATRA PROVINCE

THE MINISTER OF TRADE
AND
THE MINISTER OF INDUSTRY

Considering:

a. that following the enforcement of Government Regulation in Lieu of Law No. 2/2005 on the Board of Rehabilitation and Reconstruction of Territory and Social Life of the Province of Nanggroe Aceh Darussalam and Kepualuan Nias of North Sumatra Province, already stipulated to become a law by Law No. 10/2005, the Board of Rehabilitation and Reconstruction of Territory and Social Life of the Province of Nanggroe Aceh Darussalam and Kepualuan Nias of North Sumatra Province has been established to undertake tasks of rehabilitation and reconstruction in the post-disaster areas;
b. that in order to support the execution of the tasks as meant in letter a, it is necessary to import non-new capital goods;
c. that in the framework of support the smooth import as meant in letter b, it is necessary to regulate provisions on the import of non-new capital goods to the Province of Nanggroe Aceh Darussalam and Kepulauan Nias of North Sumatra Province;
d. that based on the considerations as meant in letters a, b and c, it is necessary to stipulate a joint regulation of the Minister of Trade and Minister of Industry;

In view of:

1. Trade Ordinance of 1834 (Statute Book of 1938 No. 86);
2. Law No. 5/1984 on Industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
3. Law No. 10/1995 on Customs Affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
4. Law No. 10/2005 on Stipulation of Government Regulation in Lieu of Law No. 2/2005 on the Board of Rehabilitation and Reconstruction of Territory and Social Life of the Province of Nanggroe Aceh Darussalam and Kepualuan Nias of North Sumatra Province to Become A Law (Statute Book of 2005 No. 35, Supplement to Statute Book No. 4492);
5. Government Regulation No. 17/1996 on the Authority to Regulate, Foster and Develop Industries (Statute Book of 1996 No. 23, Supplement to Statute Book No. 3330);
6. Government Regulation No. 260/1967 on Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
7. Presidential Decree No. 187/M/2004 on the United Indonesia Cabinet as already amended several times and the latest by Presidential Decree No. 20/P/2005;
8. Presidential Regulation No. 9/2005 on Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries as already amended by Presidential Regulation No. 62/2005;
9. Presidential Regulation No. 10/2005 on First-echelon Organizational Units and Tasks of State Ministries as already amended by Presidential Regulation No. 80/2005;
10. Presidential Regulation No. 60/2005 on Participation of Foreign Institutions/Individuals in the Framework of Grant to Rehabilitate and Reconstruct Territory and Social Life of the Province of Nanggroe Aceh Darussalam and Kepualuan-Nias of North Sumatra Province;
11. Decree of the Minister of Industry and Trade No. 29/KEP/7/1997 on Import General Provisions;
12. Decree of the Minister of Industry and Trade No. 230/MPP/KEP/7/1997 on Goods Subjected to Import Control as already amended several times and the latest by Decree of the Minister of Industry and Trade No. 478/MPP/KEP/7/2003;
13. Decree of the Minister of Industry and Trade No. 276/MPP/KEP/6/1999 on Registration of Types and Variants of Motor Vehicle;
14. Decree of the Minister of Industry and Trade No. 40/MPP/KEP/1/2003 on Importer Registry Number (API);
15. Joint Decree of the Minister of Trade and Minister of Industry No.01/M/KEP/1/2005 and No. 01/M/KEP/1/2005 on the Import of Non-new Capital Goods to Regions Affected by Disaster in Provinces of Nanggroe Aceh Darussalam, North Sumatra, Papua and East Nusa Tenggara;
16. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 on the Organization and Working Arrangement of the Ministry of Industry as already amended by Regulation of the Minister of Trade No. 30/M-DAG/PER/12/2005;
17. Regulation of the Minister of Industry No. 01/M-IND/PER/3/2005 on the Organization and Working Arrangement of the Ministry of Industry;

DECIDES :

To stipulate :

THE JOINT REGULATION OF THE MINISTER OF TRADE AND MINISTER OF INDUSTRY ON PROVISIONS ON THE IMPORT OF NON-NEW CAPITAL GOODS TO THE PROVINCE OF NANGGROE ACEH DARUSSALAM AND KEPULAUAN NIAS IN THE NORTH SUMATRA PROVINCE

Article 1

Referred to in this joint regulation as:

1. Non-new capital goods shall be imported-goods ready and-feasible to-use-and-No.scrap.
2. Companies shall be business entities undertaking the import in the framework of fulfilling the need of non-new capital goods for the Province of Nanggroe Aceh Darussalam and Kepualuan Nias of North Sumatra Province.
3. Surveyors shall be surveyor companies appointed by the Minister of Trade.
4. Board of Rehabilitation and Reconstruction of Territory and Social Life of the Province of Nanggroe Aceh Darussalam and Kepualuan Nias of North Sumatra Province, hereinafter called the Board of Rehabilitation and Reconstruction, shall be an institution established in the framework of accelerating rehabilitation and reconstruction of the post-disaster regions as meant in Government Regulation in Lieu of Law No. 2/2005.
5. Recommendation shall be a letter issued by related institutions/units, which contains information about feasibility, as well as quantity and kinds of the need for non-new capital goods.
6. Integrated Team shall be a team established by the Head of the Executive Board on the basis of Presidential Regulation No. 69/2005, consisting of representatives of ministries in charge of international relations, legal, manpower, financial, industrial and trading affairs and regional governments as well as related institutions deemed necessary.

Article 2

(1) Non-new capital goods only can be imported by:

a. direct user companies for the need of rehabilitation and reconstruction in the Province of Nanggroe Aceh Darussalam and Kepulauan Nias of North Sumatra Province;
b. trading service providers in the framework of supporting rehabilitation and reconstruction in the Province of Nanggroe Aceh Darussalam and Kepulauan Nias of North Sumatra Province.

(2) Non-new capital goods, which can be imported by the companies as meant in paragraph (1) shall cover goods subsumed into Tariff Headings/HS No. 82, 84, 85, 86, 87, 88, 89 and 9009 as contained in the attachment to this joint regulation.

(3) The non-new capital goods, which can be imported as meant in paragraph (2) can be evaluated and reviewed every year.

(4) The companies as meant in paragraph (1) shall have:

a. Trading business license or other business licenses
b. Importer Registry Number (API);
c. Taxpayer Code Number (NPWP);
d. Contract of cooperation with institutions and/or companies executing rehabilitation and reconstruction in the Province of Nanggroe Aceh Darussalam and Kepulauan Nias of North Sumatra Province, already registered at the Board of Rehabilitation and Reconstruction.

Article 3

(1) The import of the non-new capital goods as meant in Article 2 paragraph (2) shall secure prior import approval from the Minister of Trade after obtaining technical consideration from the Minister of Industry.

(2) The technical consideration of the Minister of Industry as meant in paragraph (1) shall be based on recommendation from the Board of Rehabilitation and Reconstruction.

Article 4

(1) The import of non-new capital goods in the form of assistance and grant shall No.need import approval from the Minister of Trade and technical consideration from the Minister of Industry as meant in Article 3 paragraph (1).

(2) The Head of the Board of Rehabilitation and Reconstruction shall approve the import of non-new capital goods in the form of assistance and grant as meant in paragraph (1) after securing technical consideration from the integrated team.

(3) The import approval of the, Head of the Board of Rehabilitation and Reconstruction as meant in paragraph (2) shall be made available to the Minister Trade and Minster of Industry.

Article 5

(1) The import of non-new capital goods as meant in Article 2 shall be only designated to meet the need of rehabilitation and reconstruction in the Province of Nanggroe Aceh Darussalam and Kepulauan Nias of North Sumatra Province and No.to trade.

(2) The non-new capital goods as meant in paragraph (1), excluding ships and aircraft cannot.be operated outside the territory of the Province of Nanggroe Aceh Darussalam and Kepulauan Nias of North Sumatra Province.

(3) The Board of Rehabilitation and Reconstruction shall be responsible for supervision over the use of the non-new capital goods, which are imported.

(4) The import of the non-new capital goods as meant in Article 2 paragraph (2), excluding aircraft only can be done through Malahayati and Sabang Seaports for the Province of Nanggroe Aceh Darussalam as well as Belawan for Kepulauan Nias of North Sumatra Province.

(5) The import of non-new capital goods in the form of aircraft as meant in Serial No. 146, 147 and 149 of the attachment to this joint regulation only can be done through Blang Bintang Airport for the Province of Nanggroe Aceh Darussalam and Polonia Airport for Kepulauan Nias of North Sumatra Province.

Article 6

(1) The import of non-new capital goods as meant in Article 2 paragraph (2) shall be inspected by Surveyors with the result mentioned in Certificate of Inspection, certifying that the non-new capital goods are suitable to use and No.scrap.

(2) In the case of the non-new capital goods already inspected as meant in paragraph (1), being No.suitable to use and being scrap, importers shall re-export the goods at expense of the relevant importers.

(3) costs arising from provision of inspection services by the surveyors as meant in paragraph (1) shall be borne by importers.

(4) The realization of inspection by surveyors in the case of the issuance of Certificate of Inspection can be done in loading countries of goods or destination ports.

Article 7

With regard to the realization of the import of non-new capital goods securing import approval from the Minister of Trade as meant in Article 3, companies executing the import shall convey written report to the Minister of Trade with a copy made available to the Minister of Industry, Head of the Board of Rehabilitation' and Reconstruction and governors of local provinces.

Article 8

The import of non-new capital goods to the Province of Nanggroe Aceh Darussalam and Kepulauan Nias of North Sumatra Province as meant in Article 2 only can be done up to April 15,2009.

Article 9

Companies violating the provisions in the joint regulation shall be subjected to sanctions in the form of:

a. revocation of Importer Identity Number (API);
b. revocation of trading business license or other business license; and/or
c. penalty in accordance with the provisions of legislation in force.

Article 10

With the enforcement of this joint regulation, Joint Decree of the Minister of Trade and Minister of Industry No.01/M/KEP/l/2005 and No. 01/M/KEP/1/2005 on the Import of Non-new Capital Goods to Regions Affected by Disaster in Provinces of Nanggroe Aceh Darussalam, North Sumatra, Papua and East Nusa Tenggara shall be declared to remain effective unless, otherwise provisions on the import of non-new capital goods to regional affected by natural disaster in the Province of Nanggroe Aceh Darussalam and North Sumatra.

Article 11

The joint regulation shall come into force as from the date of stipulation.

For public cognizance, the joint regulation shall be published by placing in in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On July 23, 2006

THE MINISTER OF INDUSTRY
(signature)
FAHMI IDRIS

THE MINISTER OF TRADE
(signature)
MARI ELKA PANGESTU

ATTACHMENT

JOINT REGULATION OF THE MINISTER OF TRADE AND
THE MINISTER OF INDUSTRY OF
THE REPUBLIC OF INDONESIA
No. 28/M-DAG/PER/7/2006 AND
No. 56/M-IND/PER/7/2006