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MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
NUMBER: 27/M-DAG/PER/5/2012
REGARDING
PROVISIONS ON IMPORTER IDENTIFICATION NUMBER (API)
WITH THE BLESSING OF THE ONE ALMIGHTY GOD
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering : a.
whereas in order to improve the support capability of foreign trade
policy in the field of imports toward national economic development,
it is necessary to provide business certainty as well as a more
conducive business climate by increasing API supervision and
monitoring;
b.
whereas API constitutes an identification that importers must
possess in order to import goods, which is used by the government
as an instrument to regulate orderly importation for the purpose of
implementing the foreign trade policy in the field of imports;
c.
whereas the existing regulation regarding API in its implementation
cannot optimize API’s function in improving its support capability of
foreign trade policy;
d.
whereas based on the consideration as intended in point a, point b,
and point c, it is necessary to re-regulate the provisions regarding
API;
e.
whereas based on the consideration as intended in point a, point b,
point c, and point d, it is necessary to stipulate a Minister of Trade
regulation;
1.
Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad of 1938
Number 86);
2.
Law Number 3 of 1982 regarding Mandatory Company Register
(State Gazette of the Republic of Indonesia of 1982 Number 7,
In view of:
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Supplement to State Gazette of the Republic of Indonesia Number
3214);
3.
Law Number 5 of 1984 regarding Industry (State Gazette of the
Republic of Indonesia of 1984 Number 22, Supplement to State
Gazette of the Republic of Indonesia Number 3274);
4.
Law Number 7 of 1994 regarding Ratification of Agreement on the
Establishment of the World Trade Organization (State Gazette of the
Republic of Indonesia of 1994 Number 57, Supplement to State
Gazette of the Republic of Indonesia Number 3564);
5.
Law Number 10 of 1995 regarding Customs (State Gazette of the
Republic of Indonesia of 1995 Number 75 Supplement to State
Gazette of the Republic of Indonesia Number 3612) as amended by
Law Number 17 of 2006 (State Gazette of the Republic of Indonesia
of 2006 Number 93, Supplement to State Gazette of the Republic of
Indonesia Number 4661);
6.
Law Number 5 of 1999 regarding Prohibition on Monopoly Practices
and Unfair Business Competition (State Gazette of the Republic of
Indonesia of 1999 Number 33, Supplement to State Gazette of the
Republic of Indonesia Number 3817);
7.
Law Number 36 of 2000 regarding the stipulation of Government
Regulation in Lieu of Law Number 1 of 2000 regarding Free Trade
Area and Free Port Facility to become Law (State Gazette of the
Republic of Indonesia of 2000 Number 251, Supplement to State
Gazette of the Republic of Indonesia Number 4053) as amended by
Law Number 44 of 2007 (State Gazette of the Republic of Indonesia
of 2007 Number 130, Supplement to State Gazette of the Republic
of Indonesia Number 4775);
8.
Law Number 32 of 2004 regarding Regional Administration (State
Gazette of the Republic of Indonesia of 1999 Number 60,
Supplement to State Gazette of the Republic of Indonesia Number
3839) as amended by Law Number 8 of 2005 (State Gazette of the
Republic of Indonesia of 2005 Number 108, Supplement to State
Gazette of the Republic of Indonesia Number 4548);
9.
Law Number 25 of 2007 regarding Capital Investment (State
Gazette of the Republic of Indonesia of 2007 Number 67,
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Supplement to State Gazette of the Republic of Indonesia Number
4724);
10.
Law Number 40 of 2007 regarding Limited Liability Companies
(State Gazette of the Republic of Indonesia of 2007 Number 106,
Supplement to State Gazette of the Republic of Indonesia Number
4756);
11.
Law Number 39 of 2008 regarding State Ministries (State Gazette of
the Republic of Indonesia of 2008 Number 166, Supplement to State
Gazette of the Republic of Indonesia Number 4916);
12.
Government Regulation Number 38 of 2007 regarding the
Distribution of Governance Affairs among the Government, the
Provincial Government, and the Regency/City Government (State
Gazette of the Republic of Indonesia Number 82 of 2007,
Supplement to the State Gazette of the Republic of Indonesia
Number 4737);
13.
Government Regulation Number 46 of 2007 regarding Free Trade
Area and Free Port Facility of Batam (State Gazette of the Republic
of Indonesia of 2007 Number 107, Supplement to the State Gazette
of the Republic of Indonesia Number 4757);
14.
Government Regulation Number 47 of 2007 regarding Free Trade
Area and Free Port Facility of Bintan (State Gazette of the Republic
of Indonesia of 2007 Number 108, Supplement to the State Gazette
of the Republic of Indonesia Number 4758);
15.
Government Regulation Number 48 of 2007 regarding Free Trade
Area and Free Port Facility of Karimun (State Gazette of the
Republic of Indonesia of 2007 Number 109, Supplement to the State
Gazette of the Republic of Indonesia Number 4759);
16.
Presidential Decree Number 260 of 1967 regarding Confirmation on
the Duty and Responsibility of the Minister of Trade in the Field of
Foreign Trade;
17.
Presidential Regulation Number 27 of 2009 regarding One Stop
Integrated Service in the Investment Field;
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18.
Presidential Decree Number 84/P of 2009 regarding the Formation
of the United Indonesia Cabinet II as amended by Presidential
Decree Number 59/P of 2011;
19.
Presidential Regulation Number 47 of 2009 regarding the Formation
and Organization of Ministries Organization as amended several
times, lastly by Presidential Regulation Number 91 of 2011;
20.
Presidential Regulation Number 24 of 2010 regarding the Capacity,
Duty, and Function of the State Ministries and Organizational
Structure, Duty, and Function of Echelon I of the State Ministries as
amended several times, lastly by Presidential Regulation Number 91
of 2011 ;
21.
Minister of Trade Regulation Number 28/M-DAG/PER/6/2009
regarding Provisions on Export and Import Licensing Services by
Electronic System through INATRADE in the Framework of
Indonesia National Single Window;
22.
Minister of Trade Regulation Number 54/M-DAG/PER/10/2009
regarding General Provisions in the Field of Import;
23.
Minister of Trade Regulation Number 31/M-DAG/PER/7/2010
regarding Organization and Operation of the Ministry of Trade;
24.
Minister of Trade Regulation Number 188/PMK.04/2010 regarding
Import of Goods Carried by Passengers, Crew of Carrier, Border
Crossing and Delivery Goods;
25.
Minister of Trade Regulation Number 213/PMK.011/ 2011 regarding
Stipulation of Goods Classification System and Imposition of Import
Duty Tariff on Imported Goods;
HAS DECIDED:
To Stipulate: MINISTER OF TRADE REGULATION REGARDING PROVISIONS ON
API.
Article 1
In this Ministerial Regulation what is intended by:
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1.
Importation shall be an activity of importing goods into the
Indonesian customs area.
2.
Importer Identification Number, hereinafter abbreviated as API, shall
be identification as an importer.
3.
Importer shall be an individual or a business entity in the form of a
legal entity or a non-legal entity that conducts importation.
4.
Market Test shall be activities to sell certain industrial goods
imported by Producers, which are not able to be produced by the
Producers themselves, for the purpose of obtaining the market
reaction and to be used for developing business activity.
5.
Complementary Goods shall be certain industrial goods, relating to
the industrial business licenses, imported by the importer producer
originating from and produced by a company overseas which has a
special relationship with the importer.
6.
Special relationship shall be a relationship between a company
holding an API-P and a company located overseas whereby one
party has the capability to control another party or has significant
influence upon another party in making financial and operational
decisions in accordance with applicable accounting standards.
7.
Capital Investment shall be any form of capital investment activities
by both domestic and foreign investors to do business within the
territory of the Republic of Indonesia.
8.
Domestic Capital Investment shall be capital investment activities to
do business within the territory of the Republic of Indonesia carried
out by domestic investors by using domestic capital.
9.
Foreign Capital Investment shall be capital investment activities to
do business within the territory of the Republic of Indonesia carried
out by foreign investors, both through a wholly foreign capital
investment and through a joint venture with a domestic investor.
10.
Minister shall be the minister organizing government affairs in the
field of trade.
11.
Director General shall be a Director General of Foreign Trade of the
Ministry of Trade.
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12.
Provincial Service Office shall be a service office whose duty and
responsibility are in the field of trade in a province.
13.
Regency/City Service Office shall be a service office whose duty
and responsibility are in the field of trade in a regency/city.
14.
Free Trade Area and Free Port Facility Council hereinafter referred
to as the Council shall be the Free Trade Area and Free Port Facility
Council of Batam, Bintan and Karimun.
15.
Free Trade Area and Free Port Facility Management Agency,
hereinafter referred to as the Management Agency shall be the Free
Trade Area and Free Port Facility Management Agency of Batam,
Bintan and Karimun.
Article 2
Importation shall only be conducted by an importer having an API.
Article 3
An API as intended in Article 2 shall consist of:
a.
General API (API-U); and
b.
Producer API (API-P).
Article 4
(1)
(2)
(3)
(4)
API-U as intended in Article 3 point a shall be granted only to
companies importing certain goods for trading purposes.
Importation of certain goods as intended in paragraph (1) shall
apply only to groups/ types of goods included in 1 (one) section as
specified under the Goods Classification System based on the
prevailing laws and regulations.
Groups/types of goods as intended in paragraph (2) are specified
in the API-U granted to each company.
The section within the Goods Classification System as intended in
paragraph (2) is set forth in Annex I that constitutes an integral
and inseparable part of this Ministerial Regulation.
Article 5
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(1)
(2)
API-P as intended in Article 3 point b shall be granted only to
companies importing goods for their own purposes as capital
goods, raw materials, supporting materials, and/or for supporting
the production process.
The imported goods as intended in paragraph (1) are prohibited
from being traded or transferred to other parties.
Article 6
(1)
(2)
(3)
Companies holding API-P may import certain industrial goods
insofar as it is necessary for developing their business and
investment.
Certain industrial goods imported as intended in paragraph (1)
may be traded and/or transferred to other parties.
Certain Industrial goods as intended in paragraph (1) shall not be
used in the production process and shall only be used for the
purpose of market testing and/or used as complementary goods.
Article 7
Certain industrial goods imported for the purpose of market testing as
intended in Article 6 paragraph (3) must meet the following criteria:
a.
they cannot be produced by the company holding the API-P; and
b.
they are in accordance with the business license in the field of
industry or other similar type of business license owned by the
company holding the API-P.
Article 8
(1)
(2)
Market testing as intended in Article 6 paragraph (3) shall be
conducted only for a certain period of time.
The period of time as intended in paragraph (1) shall be stipulated
by the respective technical supervising agency based on the
prevailing laws and regulations.
Article 9
Certain industrial goods imported as complementary goods as intended in
Article 6 paragraph (3) must meet the following criteria:
a.
they cannot be produced by the company holding the API-P;
b.
they are in accordance with the business license in the field of
industry or other similar type of business license owned by the
company holding the API-P; and
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c.
they are produced by a company overseas having a special
relationship with the company holding the API-P.
Article 10
(1)
(2)
Importation of certain industrial goods as intended in Article 6 shall
only be conducted by a company holding an API-P which is
already stipulated as an Importer Producer.
The amount, type, and Tariff Post/HS of certain industrial goods as
well as the period for importation shall be determined based on a
recommendation from the technical supervising agency at the
central government level.
Article 11
(1)
(2)
In order to obtain a stipulation as an Importer Producer as
intended in Article 10, a company holding the API-P must submit
an application in writing to the Minister, represented by the
Director General, by enclosing the following documents:
a.
A copy of the business license in the field of industry or
other similar type of business license issued by the
competent agency;
b.
A copy of the Company Registration Certificate (TDP);
c.
A copy of the Taxpayer Registration Number (NPWP);
d.
A copy of the API-P;
e.
A recommendation from the technical supervising agency
at the central government level which contains, among
others, the amount, type, and Tariff Post/HS of certain
industrial goods in accordance with the purpose/objective
of the allocation of goods and port of destination as well as
the importation period; and
f.
A statement letter regarding the willingness to conduct reexport, if the certain industrial goods to be imported are not
in line with the goods stipulated by the Importer Producer,
the cost of which shall be borne by the concerned importer.
The Director General, for and on behalf of the Minister, shall issue
the stipulation as Importer Producer no later than 5 (five) working
days as of receipt of a complete and correct application.
Article 12
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An Importer Producer which imports certain industrial goods for the
purpose of market testing or as complementary goods as intended in
Article 7 and Article 9 shall comply with the provisions of the laws and
regulations.
Article 13
(1)
(2)
(3)
The Director General of Foreign Trade of the Ministry of Trade,
may conduct a compliance assessment (post audit) to a company
holding an API-P, if necessary, regarding:
a.
actual import realization;
b.
conformity
between
the
imported
goods
and
recommendation from the technical supervising agency at
the central level; and
c.
compliance with the laws and regulations in the field of
importation.
The assessment as intended in paragraph (1) may be conducted
by the Director General of Foreign Trade of the Ministry of Trade,
together with the relevant technical agency.
Implementing guidelines on the compliance assessment (post
audit) shall be stipulated by the Director General.
Article 14
(1)
(2)
(3)
Each importer may only have 1 (one) type of API.
Each API shall be valid for each import activity throughout the
territory of Indonesia.
An API shall be valid for the head office and all branch offices
thereof having the same type of business activity.
Article 15
(1)
(2)
(3)
An API shall be valid insofar as an importer still conducts its
business activities.
Importers with an API shall be obligated to re-register to the
issuing agency every 5 (five) years as of the date of the issuance
of the API.
The re-registration as intended in paragraph (2) shall be
conducted no later than 30 (thirty) working days after such 5 (five)
year-period.
Article 16
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(1)
(2)
In conducting the importation, importers with an API shall comply
with the following provisions:
a.
The prevailing laws and regulations regarding goods that
are prohibited to be imported;
b.
the imported goods must be in new condition, except for
goods which may be imported in used condition pursuant
to the Ministerial Regulation; and
c.
regulations on imports and provisions on verification or
technical import study regulated under the Ministerial
Regulation.
Possession of an API by an importer shall not exempt it from the
obligations which must be fulfilled by the importer based on the
prevailing laws and regulations in the field of importation.
Article 17
(1)
(2)
The authority to issue an API as intended in Article 3 shall be with
the Minister.
The Minister may transfer or delegate his authority to issue an API
to:
a.
Head of the Capital Investment Coordinating Board
(BKPM);
b.
Director General;
c.
Head of Provincial Service Office; and
d.
Head of Management Agency.
Article 18
(1)
(2)
(3)
The Minister shall delegate the authority to issue API-U and API-P
as intended in Article 3 to the Head of the BKPM, for companies
whose business license is issued by the BKPM.
The Head of the BKPM may delegate the authority as intended in
paragraph (1) to echelon 1 in-charge-of capital investment service
and/or echelon 2 in-charge-of licensing service at the BKPM.
The issuance of API-U and API-P as intended in paragraph (1)
shall be signed for and on behalf of the Minister.
Article 19
(1)
The Minister shall delegate the authority to issue API-P as
intended in Article 3 point b, to the Director General, for business
entities or contractors in the field of energy, oil and gas, minerals
as well as other natural resources management which undertake
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(2)
business activities based on production sharing contracts with the
Government of the Republic of Indonesia.
The issuance of API-P as intended in paragraph (1) shall be
signed for and on behalf of the Minister.
Article 20
(1)
(2)
(3)
(4)
The Minister shall delegate the authority to issue API-U and API-P
as intended in Article 3 to the Head of the Provincial Service
Office.
The issuance of API-U and API-P as intended in paragraph (1)
shall be for companies other than capital investment companies as
intended in Article 18 paragraph (1) and companies other than the
business entities or contractors as intended in Article 19
paragraph (1).
The issuance of API-U and API-P as intended in paragraph (1)
shall be signed for and on behalf of the Minister.
In the event that the issuance of API-U and API-P as intended in
paragraph (1) is conducted through One Stop Integrated Service
or another form of service, the implementation shall be
coordinated with the Provincial Service Office and the Director
General of Foreign Trade of the Ministry of Trade, for the
implementation of the API issuance application program.
Article 21
(1)
(2)
(3)
The Minister shall delegate the authority to issue API as intended
in Article 3 to the Head of Management Agency for companies,
business entities or contractors established and domiciled within
the Free Trade Area and Free Port Facility.
The provisions regarding the procedures and requirements for an
API, issuance of an API, import realization reports of companies
holding the API, changes of API data, and sanctions shall be
regulated separately by the Head of Council after coordinating with
the Director General of Foreign Trade and by referring to this
Ministerial Regulation.
The delegation of authority as intended in paragraph (1) may be
revoked partly or entirely by the Minister, in the event that:
a.
the Management Agency proposes that the authority be
revoked partly or entirely;
b.
the Management Agency is considered to be incapable of
performing the authorities that have been delegated;
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c.
d.
the Council proposes that the authority be revoked partly or
entirely; and/or
the Management Agency does not perform the authority
due to a change in the Ministerial policy.
Article 22
(1)
(2)
Companies in the field of capital investment intending to submit an
application for obtaining an API-U and API-P as intended in Article
3 must fill out the form as set forth in Annex II that constitutes an
integral and inseparable part of this Ministerial Regulation to the
Head of the BKPM, by enclosing the following documents:
a.
A copy of the Company’s Notarial Deed of Establishment
and its amendments;
b.
A copy of the valid certificate of domicile of the company’s
head office from the local sub-district or a copy of the lease
agreement of the place of business;
c.
A copy of the Taxpayer Registration Number (NPWP) in
accordance with its domicile;
d.
A copy of the Company Registration Certificate (TDP);
e.
A copy of the Capital Investment Registration or Principle
License;
f.
A copy of the business license in the field of trade or any
other similar type of business license issued by the head of
the BKPM, for API-U;
g.
A copy of the business license in the field of industry or any
other similar type of business license issued by the head of
the BKPM, for API-P;
h.
A copy of the Manpower Utilization Permit (IMTA)/Limited
Stay Permit Card (KITAS), particularly for expatriates
signing the API;
i.
A reference from the Foreign Exchange Bank, for API-U;
j.
A copy of the Identification Card (KTP) or Passport of the
Management or Board of Directors; and
k.
The latest photographs of the Company’s Management or
Board of Directors with a red background, size 3 x 4 cm, 2
copies for each person.
Business entities or contractors in the field of energy, oil and gas,
minerals as well as other natural resource management
undertaking business activities based on production sharing
contracts with the Government of the Republic of Indonesia
intending to submit an application for obtaining an API-P as
intended in Article 3 point b, must fill out the form as set forth in
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(3)
Annex III that constitutes an integral and inseparable part of this
Ministerial Regulation to the Director General in this case to the
Director of Import, by enclosing the following documents:
a.
A copy of the Production Sharing Contract with the
Government or the Executive Board established by the
Government to control the business activities in the field of
energy, oil and gas, minerals as well as other natural
resource management;
b.
An original recommendation from the Government or
Executive Board as intended in point a;
c.
A copy of the Taxpayer Registration Number (NPWP) of
the business entity or contractor;
d.
The latest photographs of each personnel in-charge-of the
contractor’s Production Sharing Contract with a red
background, size 3 x 4 cm, 2 copies for each person; and
e.
A copy of the identification/passport of each personnel
above.
Companies as categorized in Article 20 paragraph (2) intending to
submit an application for obtaining an API-U, must fill out the form
as set forth in Annex IV, that constitutes an integral and
inseparable part of this Ministerial Regulation, to the Head of the
Provincial Service Office copied to the Head of the Regency/City
Service Office, by enclosing the following documents:
a.
A copy of the Company’s Notarial Deed of Establishment
and its amendments;
b.
A copy of the valid certificate of domicile of the company’s
head office from the local sub-district or a copy of the lease
agreement of the place of business with the management
or the owner of the building;
c.
A copy of the Trade Business License (SIUP) or any other
similar type of business license issued by the technical
agency/institution which has authority in the field of trade or
capital investment;
d.
A copy of the Company Registration Certificate (TDP);
e.
A copy of the Taxpayer Registration Number (NPWP) of
the Company or individual and the Company’s Person-inCharge;
f.
A reference from a Foreign Exchange Bank;
g.
A copy of the Identification Card (KTP) or Passport of the
Company’s Management or Board of Directors; and
h.
the latest photographs of the Company’s Management or
Board of Directors with a red background, size 3 x 4 cm, 2
copies for each person.
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(4)
(5)
Companies as categorized in Article 20 paragraph (2) intending to
submit an application for obtaining an API-P, must fill out the form
as set forth in Annex V, that constitutes an integral and
inseparable part of this Ministerial Regulation, to the Head of the
Provincial Service Office copied to the Head of the Regency/City
Service Office, by enclosing the following documents:
a.
A copy of the Company’s Notarial Deed of Establishment
and its amendments;
b.
A copy of the valid certificate of domicile of the company’s
head office from the local sub-district or a copy of the lease
agreement of the place of business;
c.
A copy of the business license in the field of industry or any
other similar type of business license issued by the
competent technical agency/institution;
d.
A copy of the Taxpayer Registration Number (NPWP) of
the Company or individual and the company’s person-incharge in accordance with their domicile;
e.
A copy of the Company Registration Certificate (TDP);
f.
A copy of the Identification Card (KTP) or Passport of the
Company’s Management or Board of Director; and
g.
the latest photographs of the Company’s Management or
Board of Directors with a red background, size 3 x 4 cm, 2
copies for each person.
The application and/or copy as intended in paragraph (1),
paragraph (2), paragraph (3) and paragraph (4) may be submitted
by way of:
a.
website http://inatrade.kemendag.go.id;
b.
courier service; or
c.
hand delivered to the Head of the BKPM, Director General
in this case the Director of Import, Head of Provincial
Service Office, Head of Regency/City Service Office
and/or Head of Provincial Regional Capital Investment
(Kepala Perangkat Daerah Provinsi Bidang Penanaman
Modal or PDPPM) where the company is domiciled.
Article 23
(1)
(2)
The Head of the BKPM may grant or reject the issuance of an APIU and API-P as intended in Article 22 paragraph (1).
Further provisions on the issuance or rejection of an API-U and
API-P as intended in paragraph (1) shall be regulated by the Head
of the BKPM.
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Article 24
(1)
(2)
The Director General shall issue the API-P no later than 5 (five)
working days as of receipt of a complete and correct application as
intended in Article 22 paragraph (2).
In the event that the API-P application as intended in Article 22
paragraph (2) is incomplete and incorrect, the Director General
shall convey an application rejection letter to the applicant no later
than 7 (seven) working days as of receipt of such application along
with the reason for the rejection.
Article 25
(1)
(2)
(3)
(4)
The Head of Regency/City Service Office, based on the copy of
the API application as intended in Article 22 paragraph (3) and
paragraph (4) shall conduct a field inspection no later than 3
(three) working days as of receipt of the copy of the API
application.
In the event that the inspection as intended in paragraph (1)
cannot be completed on time, the Head of the Provincial Service
Office may conduct a field inspection which shall be completed no
later than 7 (seven) working days as of receipt of such application.
The result of the inspection as intended in paragraph (1) shall be
stated in the Project Inspection Minutes (BAP).
The Head of the Regency/City Service Office shall submit the BAP
as intended in paragraph (3) to the Head of the Provincial Service
Office no later than 2 (two) working days as of the signing date of
the BAP.
Article 26
(1)
(2)
(3)
The Head of the Provincial Service Office shall grant the API-U
and API-P as intended in Article 22 paragraph (3) and paragraph
(4) no later than 5 (five) working days as of receipt of a complete
and accurate BAP as intended in Article 25 paragraph (3).
The Head of the Provincial Service Office shall copy the API-U
and API-P as intended in paragraph (1) to the Director of Import
and the Head of Regency/City Service Office as the authority that
grants the BAP.
In the event that the applications for an API-U and API-P as
intended in Article 22 paragraph (3) and paragraph (4) are
incomplete and incorrect, the Head of the Provincial Service Office
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shall convey an application rejection letter to the applicant no later
than 7 (seven) working days as of receipt of the BAP copied to the
Head of Regency/City Service Office as the authority that provides
the BAP along with the reason for rejection.
Article 27
(1)
(2)
API-U and API-P forms as intended in Article 3 are set forth in
Annex VI, Annex VII, Annex VIII, Annex IX, Annex X which
constitute an integral and inseparable part of this Ministerial
Regulation.
An API-U shall appear in a light blue color and an API-P shall
appear in a light green color with the logo of the Ministry of Trade.
Article 28
(1)
(2)
(3)
(4)
Each API-U and API-P issued shall be given numbers consisting
of 9 (nine) digits followed by letter B, letter D, or letter P.
The 9 (nine) digits as intended in paragraph (1) shall consist of:
a.
the first 2 (two) digits are for the provincial code number as
intended in Annex XI that constitutes an integral and
inseparable part of this Ministerial Regulation;
b.
the next 2 (two) digits are for the regency/city code number
in accordance with the code number stipulated in the
relevant province;
c.
the 5 (five) last digits are the serial number of the API
issued; and
d.
the letter B is for API-U and API-P issued by the head of
BKPM, the letter D is for API-P issued by the Director
General, or letter P for API-U and API-P issued by the
Head of Provincial Service Office.
In the event of any change to the number of areas resulting in the
change of the provincial code number and regency/city code
number, the new code number shall be stipulated by the Director
General.
Samples of the Provincial code numbering, Regency/City code
numbering are set forth in Annex XII which constitutes an integral
and inseparable part of this Ministerial Regulation.
Article 29
(1)
A company holding the API-P that has been stipulated as Importer
Producer as intended in Article 10 paragraph (1) is obligated to
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(2)
(3)
(4)
(5)
report on whether or not its importation is realized, once every 3
(three) months to the Director General.
A company holding an API-U or API-P as intended in Article 22
paragraph (1) is obligated to report on whether or not its
importation is realized, once every 3 (three) months to the Head of
the BKPM.
A company holding an API-P as intended in Article 22 paragraph
(2) is obligated to report on whether or not its importation is
realized, once every 3 (three) months to the Director General.
A company holding an API-U or API-P as intended in Article 22
paragraph (3) and paragraph (4) is obligated to report on whether
or not its importation is realized, once every 3 (three) months to
the Head of the Provincial Service Office copied to the Head of
Regency/City Service Office where the company is domiciled.
The Head of the BKPM, the Head of Provincial Service Office, and
the Head of the Management Agency shall submit periodical
reports on recapitulation of the import realization of each company
holding an API-U and API-P once every 3 (three) months to the
Minister.
Article 30
The Head of the BKPM, the Head of Provincial Service Office and the
Head of each Management Agency shall submit periodic reports on the
recapitulation of API-U and API-P issuances, once every 3 (three) months
to the Minister.
Article 31
(1)
(2)
Companies holding API-U or API-P are obligated to report on any
changes related to the API-U or API-P data no later than 30 (thirty)
days as of the occurrence of any such change to the agency
issuing the API, copied to the Director of Import and the Head of
Service Office of Regent/City where the company is domiciled.
Change of data as intended in paragraph (1) shall consist of:
a.
change of the entity form, composition of the
management/board of directors, company’s name and
address as well as the Trade Business License (SIUP)
Number or Business License Number from the relevant
agency, Company Registration Certificate Number (TDP)
Number, Taxpayer Registration Number (NPWP) and/or
Certificate of Domicile Number, for a company holding an
API-U; or
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b.
(3)
(4)
change of the entity form, composition of the
management/board of directors, company’s name and
address as well as the Industrial Business License (IUI)
Number or Business License Number from the relevant
agency, Company Registration Certificate Number (TDP)
Number, Taxpayer Registration Number (NPWP) and/or
Certificate of Domicile Number, for a company holding an
API-P.
Whenever the above changes occur as referred to in paragraph
(1), companies holding an API-U or API-P are obligated to submit
an application for the change of the API-U or API-P by using the
form attached as Annex XIII that constitutes an inseparable part of
this Ministerial Regulation by enclosing:
a.
the amended document as referred to in paragraph (2);
b.
the requirements as mentioned in Article 22; and
c.
the previous original API-U or API-P.
The issuing agency shall issue the amended API-U or API-P no
later than 3 (three) working days as of receipt of a complete and
correct application as intended in paragraph (3).
Article 32
Importation without an API can be conducted for the following products:
a.
temporarily imported products;
b.
promotional products;
c.
products for the needs of research and scientific development;
d.
shipment products;
e.
products for grant, gift or granting for public worship, charity,
social, cultural or for the interest of handling natural disasters;
f.
products described as pharmaceuticals and health equipment
using the government budget;
g.
exported products for the needs of repair and examination that are
re-imported in the maximum amount that is equal to the amount at
the time of export in accordance with the Export Declaration
(PEB);
h.
exported products rejected by the overseas buyers which are then
re-imported in the maximum amount in accordance with the PEB;
i.
sample products that are not for sale;
j.
products for the needs of government institutions/other
government agencies imported by such government institutions/
other government agencies themselves;
k.
goods of foreign national representatives as well as their officials
who serve in Indonesia;
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l.
m.
products for the needs of international agencies including their
officials who serve in Indonesia; and
shipments of household goods and personal effects.
Article 33
(1)
(2)
Importation without an API as intended in Article 32 shall only be
conducted after obtaining an import approval from the Director of
Import of the Ministry of Trade.
The importation without an API for products referred to in Article
32 point k, point l and point m, shall not require any import
approval.
Article 34
A company holding an API or a company having obtained an import
approval without an API shall be fully responsible for import
implementation in accordance with the API or the import approval.
Article 35
An API shall be suspended in the event the company holding the API
and/or the Management/Board of Directors of the company holding the
API:
a.
fails to re-register as stipulated in Article 15 paragraph (2);
b.
fails to fulfill its obligations as stipulated in Article 29; or
c.
fails to fulfill its obligations as stipulated in Article 31.
Article 36
The suspended API as mentioned in Article 35 shall be re-activated in the
event the company holding the API:
a.
has fulfilled its obligations as stipulated in Article 15 paragraph (2);
b.
has fulfilled its obligations as stipulated in Article 29; or
c.
has fulfilled its obligations as stipulated in Article 31.
Article 37
The API shall be revoked if the company holding the API and and/or the
Management/Board of Directors of the company holding the API:
a.
has previously received two API suspensions;
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b.
c.
d.
e.
f.
g.
h.
fails to fulfill its re-registration obligation as stipulated in Article 15
paragraph (2) no later than 30 (thirty) days as of the suspension
date;
fails to fulfill the reporting obligation as stipulated in Article 29 or
fails to fulfill the obligation of reporting the change of data as
stipulated in Article 31 no later than 30 (thirty) days as of the
suspension date;
provides incorrect information or data in the API application
documents;
is irresponsible in the process of importing goods;
violates the prevailing laws and regulations in the field of
importation;
misuses the import documents and import-related letters; and/or
is declared guilty by the court of a criminal act relating to the
misuse of an API and such decision has a legal binding force.
Article 38
(1)
The stipulation as Importer Producer shall be revoked in the event
that:
a.
the compliance assessment result (post audit) as stipulated
in Article 13 declares that the import realization report is
incorrect, the types of the imported goods are not in line
with the recommendation from the technical supervising
agency at the central level, and/or is not in compliance with
the provisions of the relevant laws and regulations in the
field of importation;
b.
the company holding the API-P fails to submit the import
realization report as stipulated in Article 29 paragraph (1);
c.
there is a written request for the revocation of the
stipulation as Importer Producer from the relevant technical
supervising agency based on a consideration that the
company holding the API does not conduct its production
activity properly;
d.
there is a written request for the revocation of the
stipulation as Importer Producer from the Directorate
General of Customs and Excise, Ministry of Finance based
on a consideration that the company holding the API
conducts violations in the field of customs, and/or;
e.
the company holding the API-P is imposed by a API-P
revocation sanction.
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(2)
(3)
(4)
A company holding an API-P which is imposed by a sanction of
revocation of stipulation as Importer Producer can be re-stipulated
as Importer Producer in the event:
a.
the company holding the API-P, imposed by the revocation
sanction based on paragraph (1) point b, has already
submitted a report on the import realization of certain
industrial goods;
b.
the company holding an API-P, imposed by the revocation
sanction based on paragraph (1) point c and point d, has
been declared to have satisfied the provisions by the
relevant technical agency; or
c.
the company holding an API-P imposed by the revocation
sanction based on paragraph (1) point e, has obtained a
new API-P.
A company holding an API-P imposed by a sanction of revocation
of stipulation as Importer Producer as referred to in paragraph (1)
point (a) can be re-stipulated as Importer Producer after 1 (one)
year as of the date of revocation.
In order to be re-stipulated as an Import Producer, the company
holding the API-P must submit an application in accordance with
the provisions stipulated in Article 11 paragraph (1).
Article 39
(1)
(2)
In the event that the API is revoked as referred to in Article 37
point a, point b, and/or point c, the relevant company may only
submit the application for obtaining the new API after 1 (one) year
as of the date of the API revocation.
In the event that the API is revoked as referred to in Article 37
point d, point e, point f, point g, and/or point h, the relevant
company may only submit an application for obtaining the new API
after 2 (two) years as of the date of API revocation.
Article 40
The company as intended in Article 37 must submit an application along
with the requirements referred to in Article 22 and shall return the original
API that has been revoked.
Article 41
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(1)
(2)
(3)
(4)
Suspension, re-activation, and revocation of an API-U and API-P
as intended in Article 35, Article 36, and Article 37, shall be
conducted on behalf of the Minister by:
a.
Head of the BKPM;
b.
Director General; or
c.
Head of Provincial Service Office.
The Head of the BKPM shall convey a notification on the
suspension, re-activation and revocation of the API-U and API-P
as intended in Article 35, Article 36, and Article 37 to the relevant
company copied to the Minister, Director General of Customs and
Excise, Head of Provincial Service Office, Head of Regency/City
Service Office and Head of PDPPM of Regency/City where the
company is domiciled.
The Directorate General shall convey the notification on the
suspension, re-activation and revocation of an API-U and API-P as
intended in Article 35, Article 36, and Article 37 to the relevant
company copied to the Minister, Director General of Customs and
Excise, Head of Provincial Service Office, Head of Regency/City
Service Office and Head of PDPPM of Regency/City where the
company is domiciled.
The Head of the Provincial Service Office shall convey the
notification on the suspension, re-activation and revocation of an
API-U and API-P as intended in Article 35, Article 36, and Article
37 to the relevant company copied to the Director of Import,
Director General of Customs and Excise, and Head of
Regency/City Service Office where the company is domiciled.
Article 42
The API-U and API-P that have been issued based on Minister of Trade
Regulation Number 45/M-DAG/PER/9/2009 regarding API as amended
several times and lastly by Minister of Trade Regulation Number 20/MDAG/PER/7/2011, must be adjusted to this Ministerial Regulation by no
later than December 31, 2012.
Article 43
By the time this Ministerial Regulations come into effect:
a.
Minister of Industry and Trade Decree No 134/MPP/Kep/6/1996
regarding Import Activities and Domestic Trade of Complementary
Goods by Foreign Companies in the Field of Production;
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b.
Minister of Trade Regulation Number 45/M-DAG/PER/9/2009
regarding API as amended several times, lastly by Minister of
Trade Regulation Number 20/M-DAG/PER/7/2011,
shall be revoked and declared not valid.
Article 44
Further provisions on the implementation of this Ministerial Regulation
shall be stipulated by the Director General.
Article 45
This Ministerial Regulation shall become effective as of May 2, 2012.
For public cognizance, to order the enactment of this Ministerial
Regulation by its placement in the Official Gazette of the Republic of
Indonesia.
Stipulated in Jakarta
on May 1, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Signed
GITA IRAWAN WIRJAWAN
Issued as a true copy
Secretariat General of the Ministry of Trade
on behalf of the Head of Legal Bureau,
Head of Statutes Division of Foreign Trade,
Signed an chopped
M. SYIST