to Indonesian
Number 27/M-DAG/PER/5/2012 with changes by amendment number 59/M-DAG/PER/9/2012
a. that in the effort to give business certainty and effective implementation of Provisions on the Importer's Identity Number (API), and matching to provision of Regulation of the Minister of Finance Number 76/PMK.011/2012 concerning Amendment to the Regulation of the Minister of Finance Number 176/PMK.011/2009 concerning The Exemption of Import Duty on Imported Machines, Goods, and Materials for the Building or Development of Industries Within the Framework of Investment; it is necessary to amend Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on the Importer's Identity Number (API);
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 Corporate Registration Number (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 7 of 1994 concerning Ratification of 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);
5. 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);
6. Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition (Statute Book of the Republic of Indonesia Number 33 of 1999, Supplement to Statute Book of the Republic of Indonesia Number 3817);
7. 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 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);
8. Law Number 32 of 2004 concerning Regional Government (Statute Book of the Republic of Indonesia Number 60 of 2004, Supplement to Statute Book of the Republic of Indonesia Number 3839) as amended several times, the latest by Law Number 12 of 2008 (Statute Book of the Republic of Indonesia Number 59 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4844);
9. Law Number 25 of 2007 concerning Investment (Statute Book of the Republic of Indonesia Number 67 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4724);
10. Law Number 40 of 2007 concerning Limited Liability Company (Statute Book of the Republic of Indonesia Number 106 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4756);
11. 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);
12. Government Regulation Number 38 of 2007 concerning Division of Administration Affairs between the Government, Provincial Governments and Regent/Municipal Governments (Statute Book of the Republic of Indonesia Number 82 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4737);
13. Government Regulation Number 46 of 2007 concerning Batam Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia Number 107 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4757);
14. Government Regulation Number 47 of 2007 concerning Bintan Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia Number 108 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4758);
15. Government Regulation Number 48 of 2007 concerning Karimun Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia Number 109 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4759);
16. Presidential Decree Number 260 of 1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
17. Presidential Regulation Number 27 of 2009 concerning One Stop Integrated Service in the Investment Field;
18. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;
19. 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;
20. Presidential Regulation Number 24 of 2010 concerning Position, Duties, and Function of State Ministries as well as Organization Structure, Duties and Function of First Echelon of State Ministries as amended several times, the latest by Presidential Regulation Number 92 of 2011;
21. Regulation of the Minister of Trade 28/M-DAG/PER/6/2009 concerning Provision on Export and Import licensing Service by Electronic System through INATRADE in the framework of Indonesia National Single Window;
22. Regulation of the Minister of Trade Number 54/M-DAG/PER/10/2009 concerning General Provisions in Import Sector;
23. Regulation of the Minister of Finance Number 176/PMK.011/2009 concerning The Exemption of Import Duty on Imported Machines, Goods, and Materials for the Building or Development of Industries Within the Framework of Investment as amended by Regulation of the Minister of Finance Number 76/PMK.011/2012;
24. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
25. Regulation of the Minister of Finance Number 188/PMK.04/2010 concerning Importing of Goods are carried by Passengers, Crews of Transportation Means, Border Crossers, and Delivery Goods;
26. Regulation of the Minister of Finance Number 213/PMK.011/2011 concerning Stipulation of Goods Classification System and Imposition of Import Duty Tariff on the Imported Goods;
27. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on the Importer's Identity Number (API);
REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE NUMBER 27/M-DAG/PER/5/2012 CONCERNING PROVISIONS ON THE IMPORTER'S IDENTITY NUMBER (API).
Several provisions in Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on the Importer's Identity Number (API) shall be amended as follows:
1. Provision in Article 1 paragraph 6 shall be amended, so Article 1 is read as follows:
"Article 1
In this Ministerial Regulation:
1. Import is an activity of importing goods into the Indonesian Customs Area.
2. Importer's Identity Number hereinafter abbreviated as API is identity as importer.
3. Importer is individual or business entity in the form of statutory body or non-statutory body that undertakes import activities.
4. Market testing is an activity to sell certain industrial goods are imported by Producer that can not be produced to know the reaction of the market and used in the framework to develop its business.
5. Complementary goods are goods of certain industry related to the industrial business permits, which are imported by Importer Producers from and produced by foreign companies that have a special relationship with the importer.
6. Special relationship is a relationship between the API owner company with companies in abroad where one party has the ability to control the other party or has significant influence over the other party according to applicable accounting standards.
7. Investment is all forms of capital investment by domestic investor or foreign investor to undertake business in the territory of the Republic of Indonesia.
8. Domestic Investment is an activity of capital investment to undertake business in the territory of the Republic of Indonesia, which is executed by domestic investor by using domestic capital.
9. Foreign Investment is an activity of capital in-vestment to undertake business in the territory of the Republic of Indonesia, which is executed by foreign investor by using foreign capital or in cooperation with domestic investment.
10. Central Government, hereinafter called Government is President of the Republic of Indonesia who hold governmental power of Republic of Indonesia as intended in Constitution of the Republic of Indonesia of 1945;
11. Minister is the Minister who conducts government affairs in the field of trading.
12. Director General is Director General of Foreign Trade, Ministry of Trade.
13. Provincial Agency is agency in charge of trading affairs in the province.
14. Regent/Municipal Agency is agency in charge of trading affairs in a regency/city.
15. Free Trade Zone and Free Port Council, hereinafter called Zone Council is Batam Free Trade Zone and Free Port Council, Bintan Free Trade Zone and Free Port Council, and Karimun Free Trade Zone and Free Port Council.
16. Free Trade Zone and Free Port Management Board, hereinafter called Management Board is 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."
2. Provisions of Article 4 shall be amended so is read as follows:
"Article 4
(1) API-U as intended in Article 3 paragraph a. is given only to companies that import certain goods for trading purposes.
(2) Imports of certain goods as intended in paragraph (1) only for group/type of goods which are covered by the 1 (one) part (section) as listed in Goods Classification System based on regulation.
(3) Company owner of API-U can import groups/types of goods more than 1 (one) part (section) if:
(4) Groups/types of goods as intended in paragraphs (2) and (3) are listed in the API-U was given to each company.
(5) Section in Goods Classification System as intended in paragraphs (2) and (3) is listed in Attachment I that is an integral part of this Ministerial Regulation.
(6) A special relationship as intended in paragraph (3) can be obtained by:
3. Between Article 5 and Article 6 is inserted 1 (one) article, called Article 5A, read as follows:
"Article 5A
In case of imported goods as intended in Article 5 are goods that are given exemption of import duty and have used by itself more than 2 (two) years period from the date of import customs notification, those imported goods can be transferred to the other party."
4. Provisions of Article 9 shall be amended as follows:
"Article 9
Certain industrial goods imported as complementary goods as intended in Article 6 paragraph (3) must meet the following criteria:
(2) A special relationship as intended in paragraph (3) can be obtained by:
Article 10
(1) Import of certain industrial goods as intended in Article 6 can only be done by the company owner of API-P which has been established as Producer Importer,
(2) The number, type, and Tariff Post/HS of certain industrial goods and the period of import are determined based on a recommendation from the related technical fostering agency at the central level."
5. Provisions of Article 11 shall be amended as follows:
"Article 11
(1) To obtain a determination as Importer Producer as intended in Article 10, the company owner of the API-P must submit a written application to the Minister in this case the Director General by attaching:
(2) Director General for and on behalf of the Minister issues a determination as Importer Producer within 5 (five) working days since received complete and correct application.
(3) Determination as Importer Producer valid for certain period in according to recommendation of technical fostering agency in central level."
6. Provisions of Article 18 paragraph (1) and paragraph (3) shall be amended, so Article 18 is read as follows:
"Article 18
(1) Minister to delegate authority to issue API-U and API-P as intended in Article 3 to the Head of BKPM, for the investment company that its business permit issuance is the right of Government.
(2) Head of Investment Coordinating Board may delegate the authority as intended in paragraph (1) to the first echelon officials in charge of investment services and/or second echelon officials in charge of licensing services at the BKPM.
(3) Issuance of API-U and API-P that is issued by Head of BKPM as intended in paragraph (1) or Echelon 2 official as intended in paragraph (2) is signed for and on behalf of the Minister."
7. Provisions of Article 20 shall be amended as follows:
"Article 20
(1) Minister delegate authority to issue API-U and API-P as intended in Article 3 to the Head of the Provincial Agency.
(2) Issuance of API-U and API-P as intended in paragraph (1) for domestic investment company other than company that investment permit issuance is the right of Government as intended in Article 18 paragraph (1) and company other than business entity or contractor as intended in Article 19 paragraph (1).
(3) API-U and API-P are issued by the Head of the Provincial Agency as intended in paragraph (1) are signed for and on behalf of the Minister."
8. Provisions of Article 22 shall be amended become as follows:
"Article 22
(1) Companies in the field of investment that will file application to obtain API-U and API-P as intended in Article 3, must fill the form as stated in Attachment II which are an integral part of this Ministerial Regulation to the Head of BKPM, by attaching:
(2) The business entity or contractor in the field of energy, oil and gas, mineral and other natural resource management that conducting business activities under the cooperation contract agreement with the Government of the Republic of Indonesia who will file application for API-P as intended in Article 3 b, must fill form as stated in Attachment III which is an integral part of this Ministerial Regulation to the Director General in this case the Director of Import, by enclosing:
(3) The company as intended in Article 20 paragraph (2) which will file application to obtain API-U, must complete the form as set out in Attachment IV which is an integral part of this Ministerial Regulation to the Head of the Provincial Agency and a copy to the Head of District/local by attaching:
(4) Company as intended in Article 20 paragraph (2) which will apply for a API-P, must fill the form as set out in Attachment V which is an integral part of this Minister Regulation to the Head of the Provincial Office and a copy to the Head of Regency/Municipality Agency by attaching:
(5) Submission of application and/or its copy as intended in paragraphs (1), (2), (3), and (4) can be done:
9. Between paragraph (4) and paragraph (5) of Article 29 is inserted 1 (one) paragraph, called paragraph (4a), so Article 29 is read as follows:
"Article 29
(1) Company the owner of API-P that is determined as Importer Producer as intended in Article 10 paragraph (1) must report import realization either in terms of realized or not realized, once in 3 (three) months to the Director General.
(2) Company the owner of API-U or API-P as intended in Article 22 paragraph (1) must report import realization either in terms of realized or not realized, once in 3 (three) months to the Head of BKPM.
(3) Company the owner of API-P as intended in Article 22 paragraph (2) must report import realization either in terms of realized or not realized, once in 3 (three) months to the Director General.
(4) Company the owner of API-U or API-P as intended in Article 22 Paragraphs (3) and (4) must report import realization either in terms of realized or not realized, once in 3 (three) months of the Head of Provincial Agency with the copy to the Head of Regency/municipality agency in where the company domicile.
(4a) Import realization report in term of realized or not realized as intended in paragraphs (2), (3) and (4) should also be submitted through website of http://inatrade.kemendag.go.id.
(5) Head of BKPM, Head of Provincial Agency, and Head of Management Board submit report of recapitulation of import of each company the owner of API-U and API-P periodically every 3 (three) months to the Minister.
Article 30
Head of BKPM, Director General, Head of Provincial Agency, and Head of Management Board submit report of import realization of each company of API-U and API-P owner periodically every 3 (three) months to the Minister."
10. Article 33 is demolished.
11. Provisions of Article 34 shall be amended as follows:
"Article 34
Company owner of API or importer that import without API have full responsibility on the import implementation in accordance with provisions of regulation."
12. Between Article 34 and Article 35 is inserted 1 (one) article, namely Article 34A which reads as follows:
"Article 34A
(1) In the framework of the monitoring and evaluation of the import policy, the Directorate General of Foreign Trade Ministry of Trade should monitor the imports made by the company owner of API-U and API-P.
(2) Monitoring as intended in paragraph (1) by assessment of compliance (post-audit) to:
(3) Assessment of compliance (post-audit) as intended in paragraph (2) shall be periodically and at any time.
(4) Assessment of compliance (post-audit) as intended in paragraph (2) carried out in coordination with the agency issuing of the API and the Directorate General of Customs and Excise, Ministry of Finance.
(5) In the framework of the implementation of the assessment of compliance (post-audit) as intended in paragraph (2), the Director General may establish Integrated Team of API Monitoring."
13. Between Article 41 and Article 42, 1 (one) article, namely Article 41A which reads as follows:
"Article 41A
(1) In case of the Provincial Government has established the Single Window Service Operation Agency, the Minister may delegate the issuance of API-U and API-P as intended in Article 20 paragraph (2) to the Head of Single Window Service Operation Agency.
(2) Issuance of API-U and API-P as intended in paragraph (1) is signed for and on behalf of the Minister.
(3) Submission of application, data changes of API-U and API-P as intended in paragraph (1) and the import realization report, submitted to the Head of Single Window Service Operation Agency.
(4) Imposition of sanctions on violation to this Ministerial Regulation in the form of frozen, reactivation, and revocation of API-U and API-P as intended in paragraph (1) carried out by the Head of Single Window Service Operation Agency.
(5) Head of Single Window Service Operation Agency submitting notice of frozen, reactivation, and revocation of API-U and API-P as intended in paragraph (4) to the company concerned with copy to the Director of Import, the Director General of Customs and Excise, Head of District/Municipality where companies are domiciled."
This Ministerial Regulation shall come into force on the date of promulgation.
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 September 21, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN