JOINT REGULATIONS
OF
THE MINISTER OF COMMERCE OF REPUBLIC OF INDONESIA
AND
THE MINISTER OF INDUSTRY OF REPUBLIC OF INDONESIA
NO. 36/M-DAG/PER/11/2006
NO. 87/M-IND/PER/11/2006

OF
SUBSTITUTIVE REGULATIONS FOR JOINT REGULATIONS OF
THE MINISTER OF COMMERCE AND THE MINISTER OF INDUSTRY
NO. 28/M-DAG/PER/7/2006 AND NO. 56/M-IND/PER/7/2006
CONCERNING NON ORIGINAL CAPITAL GOODS IMPORT FOR
THE PROVINCE NANGGROE ACEH DARUSSALAM AND NIAS ISLANDS OF PROVINCE NORTH SUMATRA

THE INDONESIAN MINISTER OF COMMERCE AND
THE INDONESIAN MINISTER OF INDUSTRY,

Considering:

• a. That import procedure of non original capital goods for Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra as mentioned in the Joint Regulations of Minister of Commerce and Minister of Industries No. 28/M-DAG/PER/7/2006 and No. 56/M-IND/PER/7/2006 have aroused multi-interpretations which can impact on abuse of Non Original Capital Goods Imports that are not at their purposes, it therefore needs some changes or substitutions of the Joint Regulation;
• b. That based on consideration as mentioned in letter a, it needs to confirm Joint Regulation of Minister of Commerce and Minister of Industries;

In view of:

• 1. Act No. 10 Year 2005 concerning Determination of Substitutive Government Regulation of Act No. 2 Year 2005 concerning Territorial Rehabilitation and Reconstruction and Public Living of Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra Organization, in replace of Act (Indonesian Statutory Book year 2005 No. 3, addition to Indonesian Statutory Book No. 4550);
• 2. Indonesian Presidential Decree No. 187/M year 2004 concerning the establishment of United Indonesia Cabinet as several times has been changed, the last one by Indonesian Presidential Decree No. 20/P year 2005 (GG No. 7296 page 1B);
• 3. Indonesian Presidential Regulation No. 9 year 2005 concerning Position, Tasks, Functions, Organizational Structure, and Work-Order of State Ministries of Indonesia as changed by Indonesian Presidential Regulation No. 62 year 2005;
• 4. Indonesian Presidential Regulation No. 10 year 2005 concerning Organizational Unit and Echelon I Tasks of Indonesian State Ministries as for several time has been changed and the last one by Indonesian Presidential Regulation No. 80 year 2005;
• 5. Indonesian Presidential Regulation No. 34 year 2005 concerning Organizational Structure and Work-Order and Financial Right of Territorial Rehabilitation and Reconstruction and Public Living of Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra Organization as changed by Presidential Regulation No. 76 year 2006 (Government Gazette No. 7396 page 1B-2B);
• 6. Indonesian Presidential Regulation No. 69 year 2005 concerning Participation of Foreign Institutional/Individual on Hibah (Gift) for Territorial Rehabilitation and Reconstruction and Public Living of Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra;
• 7. Joint Regulations of Minister of Commerce and Minister of Industries No. 28/M-DAG/PER/7/2006 and No. 56/M-IND/PER/7/2006 concerning the procedure for Non Original Capital Goods Imports for Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra.

DECIDES:

To stipulate:

The Joint Regulations of Minister of Commerce and Minister of Industries concerning Substitution for Joint Regulations of Minister of Commerce and Minister of Industries No. 28/M-DAG/PER/7/2006 and No. 56/M-IND/PER/7/2006 concerning Procedure of Non Original Capital Goods Imports for Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra.

Article I

Several rules in Joint Regulations of Minister of Commerce and Minister of Industries No. 28/M-DAG/PER/7/2006 and No. 56/M-IND/PER/7/2006 concerning procedure of Non Original Capital Goods Imports for Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra, have been changed as follows:

1. the content of Article 1 has been changed as follows:

" Article 1

In this Joint Regulation, the meaning of:

• 1. Non Original Capital Goods are imported capital goods ready and worthy to use and not scrap.
• 2. Company is a corporate conducting import in order to fulfill non original capital goods demands for rehabilitation and reconstruction of Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra.
• 3. Surveyor is company surveyor appointed by Minister of Commerce.
• 4. Territorial Rehabilitation and Reconstruction and Public Living of Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra Organization, henceforth called as Rehabilitation and Reconstruction Organization, is an organization established in order to accelerate the rehabilitation and reconstruction of post-disaster areas as mentioned in Substitutive Government Regulation of Act No. 2 year 2005, in replace of Act No. 10 year 2005.
• 5. Recommendation letter is issued by Rehabilitation and Reconstruction Organization which consists of information concerning worthiness, quantity and types of demands on non original capital goods.
• 6. Integrated Team is a Team established by Head of Implementation Bureau, based on Indonesian Presidential Regulation No. 69 year 2005, consisted of ministerial element dealing with foreign relations, law, manpower affairs, finance, industries, commerce, and provincial government, and related institutions which are necessary. "

2. Content of Article 2 has been changed as follows:

" Article 2

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

• a. Direct user company for rehabilitation and reconstruction purpose in Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra;
• b. Trading company in order to support rehabilitation and reconstruction in Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra.

(2) Non original capital goods which can be imported by company as mentioned in clause (1) comprising Tariff Post HS. 82, 84, 85, 86, 87, 88, 89, and 90, which the details as mentioned in the Appendix of this Joint Regulation.

(3) To non original capital goods can be imported as mentioned in clause (2), the annual evaluation and review is performed.

(4) Company as mentioned in clause (1) must possess:

• a. Trading Permit or other business permits;
• b. Importer Identification Number;
• c. Taxpayer Code Number;
• d. Cooperation Agreement Contract with institution and/or company of the implementer of rehabilitation and reconstruction in Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra, which registered in Rehabilitation and Reconstruction Organization. "

3. The content of Article 5 has been changed as follows:

" Article 5

(1) Non original capital goods import, as mentioned in Article 2, is aimed merely at the fulfillment of rehabilitation and reconstruction demands in Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra, and is not for sale.

(2) Non original capital goods as mentioned in clause (1) are only operated for the necessity of rehabilitation and reconstruction activities in the territory of Province Nanggroe Aceh Darussalam and Nias Islands of Province North Sumatra.

(3) Rehabilitation and Reconstruction Organization coordinating with local Provincial Government is responsible in the control of non original capital goods usage imported.

(4) Non original capital goods import as mentioned in Article 2 clause (2) can only be conducted by way of Malahayati and Sabang Seaports and Sultan Iskandar Muda Banda Aceh Airport for Province Nanggroe Aceh Darussalam as well as Gunung Sitoli Seaport and Binaka Gunung Sitoli Airport for Nias Islands of Province North Sumatra. "

Article II

This Joint Regulation takes in effect on the date of approval.

Hence everyone knows, gives order to declare this Joint Regulation by setting it in Government Gazette of the Republic of Indonesia.

Approved in Jakarta
on November 14, 2006

THE MINISTER OF COMMERCE OF REPUBLIC OF INDONESIA
(signed)
MARI ELKA PANGESTU

THE MINISTER OF INDUSTRY OF REPUBLIC OF INDONESIA
(signed)
FAHMI IDRIS