REPUBLIC OF INDONESIA STATE NEWS

No. 1376, 2012 MINISTRY OF COMMERCE. Cell Phone. Handheld. Computer tablets. Import.

REGULATION OF THE REPUBLIC OF INDONESIA TRADE MINISTER NUMBER 82/M-DAG/PER/12/2012

ABOUT THE CONDITIONS OF MOBILE PHONE IMPORTS,

MOBILE COMPUTER (HANDHELD), AND THE TABLET COMPUTER

WITH THE GRACE OF GOD ALMIGHTY ESA

REPUBLIC OF INDONESIA TRADE MINISTER,

TIED

: A. that in order to provide protection to consumers and create an orderly administration of mobile phone imports, handheld computers (handheld), and tablet computers, need to take policy steps in the field of import over mobile phone products, handheld computer (handheld), and tablet computer;

b. that based on the consideration as referred to in the letter a, it needs to establish the Trade Minister Regulation;

Given: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad Of 1938 Number 86);

2. Act Number 3 Year 1982 on Compulsory List Of Companies (sheet Of State Of The Republic Of Indonesia In 1982 Number 7, Additional Gazette Of The Republic Of Indonesia Number 3214);

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3. Law No. 7 of 1994 on the Enactment Of Agreement Establishing The World Trade Organization (the Approval Of The Establishment Of The World Trade Organization), (sheet Of State Of The Republic Of Indonesia In 1994 Number 57, Additional Sheet Of State Republic of Indonesia No. 3564);

4. Law No. 10 of 1995 on Kepabeanan (Gazette of the Republic of Indonesia in 1995 No. 75, Additional Gazette of the Republic of Indonesia Number 3612) as amended by Law No. 17 of 2006 (State Sheet) Republic of Indonesia Year 2006 Number 93, Additional Gazette Republic of Indonesia Number 4661);

5. Law No. 5 Year 1999 on the Prohibition of Monopoly Practice and Rivaling Non-healers (State Of The Republic Of Indonesia In 1999 Number 33, Additional Gazette Of The Republic Of Indonesia Number 3806);

6. Law No. 8 of 1999 on Consumer Protection (State Sheet of Indonesia in 1999 No. 42, Additional Gazette of the Republic of Indonesia No. 3821);

7. Law No. 39 of 2008 on the Ministry of State (the State Sheet of the Republic of Indonesia 2008 No. 166, Additional Gazette of the Republic of Indonesia Number 4916);

8. Government Regulation No. 38 Year 2007 on the Partition of Government Affairs Between Government, Provincial Government, and District/City Government (State Gazette of 2007 Indonesia Number 82, Extra State Sheet) Republic of Indonesia No. 4737);

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9. Government Regulation Number 10 Year 2012 on Treatment of Pabeanan, Taxation, and Excise as well as Income Income and Spending To And From Being In The Established Area As A Free Trade Area And Port Free (sheet of state of the Republic of Indonesia in 2012 No. 17, Additional Gazette of the Republic of Indonesia Number 5277);

10. Presidential Decree Number 260 of 1967 on the Enforcement of the Task and Responsibility of the Minister of Commerce in the Field of Foreign Trade;

11. Presidential Decree No. 84 /P of 2009 on the Establishment of the United Indonesia Cabinet II as amended by Presidential Decree Number 59 /P Year 2011;

12. The Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended in the last several times with the Presidential Regulation No. 91 of 2011;

13. 2010 Presidential Decree No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, Task and Functions of the Ministry of State as amended by the last several times with the Presidential Regulation No. 92 of the Year 2011;

14. Regulation of Trade Minister Number 11/M-DAG/PER/3/2006 on the Terms and Conditions of the Agent of the Agent Registration Letter or the Distributor of Goods and/or Services;

15. The Regulation of Trade Minister Number 14/M-DAG/PER/3/2007 on the Standardization of the Indonesian National Standards of Trade and Supervision (SNI) of the Goods and Services, as amended by the Regulation of the Minister of Trade. 30/M-DAG/PER/7/2007;

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DECIDED:

Establishing: REGULATION OF TRADE MINISTERS ON THE PROVISIONS OF MOBILE PHONE IMPORTS, HANDHELD COMPUTERS (HANDHELD), AND TABLET COMPUTERS.

16. The Regulation of Trade Minister Number 19/M-DAG/PER/5/2009 on Registration Usage (Manual) and Warranty Card/Warranty Full Warranty in Indonesian Language for Telematics and Electronics Products;

17. Regulation of Trade Minister Number 20/M-DAG/PER/5/2009 on the Terms and Conditions of the Goods and/or Services Supervision;

18. Regulation of Trade Minister Number 54/M-DAG/PER/9/2009 on the General Terms in the Import Fields;

19. The Regulation of Trade Minister No. 62/M-DAG/PER/12/2009 on the Obliviation of PDating tuman Label On Goods as amended by the Regulation of Trade Minister Number 22/M-DAG/PER/5/2010;

20. Regulation of Trade Minister Number 31/M-DAG/PER/7/2010 on the Organization and Workforce of the Ministry of Commerce as amended by Trade Minister Regulation No. 57 /M-DAG/PER/8/2012;

21. Policy of Trade Minister Number 27/M-DAG/PER/5/2012 on the Terms of Importer Identifier (API) Terms as amended by the Trade Minister Regulation No. 59/M-DAG/PER/9/2012;

22. Regulations Minister Perindustrian Number 81/M-IND/PER/8/2012 on Cellular Telephone Registry and Handful Computer (Handheld);

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Article 1 In this Minister Regulation, referred to: 1. Mobile phone includes smartphone is any equipment tool

that is used in remote communication by using the network mobile and other wireless networks, except satellite phones with Post Tarif/HS ex. 8517.12.00.00.

2. Handheld computer (Handheld) includes Personal Digital Assistant (PDA) and palmtop is a handheld (handheld) data processor, with Post Tarif/HS 8471.30.10.00.

3. Tablet computer is a portable automated data processor that uses a flat touch screen as a monitor and an input device using stylus, digital pen, or fingertips, in addition to using a keyboard or mouse, it can be used. serve as a communication tool or not with the Tarif/HS Post ex. 8471.30.90.00.

4. Import is the activity of inserting goods into the Customs Area. 5. Importers Listed Mobile Phones, Handheld Computers (Handheld) and

Tablet computers, which are hench’ s called Mobile Phones, Mobile computers (Handheld) and Tablet Computers are the companies that are approved to perform Mobile Phone Import, Mobile Computer (Handheld) and Tablet Computer for the purposes of business activities by trading and/or moving to the other party.

6. Mobile Phone Import Approval, Handheld Computer (Handheld) and Tablet Computer, which are hench’ s called Mobile Phone, Mobile Computer (Handheld) and Tablet Computer are the import licenses of Mobile Phones, Mobile computers, and Mobile Phones. (Handheld) and Tablet Computer.

7. The Import Product Registration sign, which is subsequently called the TPP Import is a registration letter for Mobile Phone products, Mobile computers (Handheld) and Tablet Computers that will be imported with type, identity number each of the Phone products Cellular, Computer Handheld (Handheld) and Tablet Computer, and number, which are published by authorized member agency/technical units authorized.

8. The principal holder/overseas factory is either a person or a legal entity or not a legal entity abroad that designates an agent or distributor to carry out the sale of goods and/or services to which it is owned/controlled.

9. A technical examination is a technical examination activity that is carried out at the loading port of the goods by Surveyor.

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10. Surveyor is a survey company that is authorized to conduct verification or technical search of the import.

11. The Minister is the minister who organizes government affairs in the field of commerce.

12. Director General is Director General of Foreign Trade, Ministry of Commerce.

Article 2 (1) Any Mobile Phone, Mobile Computer (Handheld) and Computers

The imported tablets are required to comply with the provisions concerning:

A. standard and/or technical requirements; b. Labeling requirements.

(2) The legal obligations set under the laws of the other applicable to the importation of Mobile Phones, Mobile computers (Handheld) and Tablet Computers remain in effect.

Article 3 (1) Import Mobile phones, Mobile computers (Handheld) and Computers

Tablet can only be performed by companies that have obtained designation as Mobile Phone, Mobile Computer (Handheld) and Tablet Computer from the Minister.

(2) The Minister delegates the publishing authority of designation as IT Mobile Phone, Handheld Computer (Handheld) and Tablet Computer as referred to in paragraph (1) to the Director General.

Section 4 (1) To obtain designation as Mobile Phone, Computer

Handheld (Handheld) and the Tablet Computer as referred to in Article 3, the company must submit a written request to the Minister in this case the Director General, by attaching it:

a. photocopy of the Commercial Business License (SIUP) whose business includes the import of mobile phones, handheld computers (Handheld) and Tablet Computer or other similar business permits issued by an instance or technical service. authorized;

b. photocopy of the Company List of companies (TDP); c. photocopies of the Taxpayer Number (NPWP); d. Photocopies of the Importer Identifier (API); e. Photocopy of the Identity Number (NIK); f. photocopy of the Special importer Identifiers (NPIK) of the Elecica and

Komponies;

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g. original letter statement cooperation with at least 3 (three) distributors; and

h. proof of experience as a Mobile Phone importer, Mobile Computer (Handheld) and Tablet Computer:

1. assignment as a registered importer (IT) of a Certain Product and Surveyor Report (LS) that shows ever carrying out Mobile Phone imports, Mobile computers (Handheld) and Tablet Computer; or

2. Notice Import of Goods (PIB) for Mobile Phones, Handheld Computers (Handheld) and Tablet Computer; or

i. Proof of experience as a distributor of Mobile Phone, Mobile Mobile (Handheld) and Tablet Computer at the shortest of 3 (three) years: 1. Letter of Commerce (SIU.s); 2. In the Country

and/or Overseas for Mobile Phones, Handheld Computers (Handheld) and Tablet Computers published by the Home Directorate General of the Interior; and

3. Letter of designation or cooperation as a distributor of Cellular Phone, Mobile Computer (Handheld) and Tablet Computer from Mobile Phone Importers, Mobile Computer (Handheld) and Tablet Computer.

(2) For written request as referred to in paragraph (1), the Director General on behalf of the Minister publishes the designation as Mobile Phone, Mobile Computer (Handheld) and the Computer Tablet of the longest 5 (five) days of work since the application is accepted. complete and correct.

(3) In terms of the written request as referred on the paragraph (1) incomplete and correct, the Director General delivers a notification of the most five (five) working rejection days from the request received.

Section 5 Penetration As Mobile Phone, Handheld Computer (Handheld) and Tablet Computers as referred to in Section 4 are valid for 2 (two) years.

Section 6 (1) Mobile Phone, Mobile Computer (Handheld) and Computer

Tablet that will import mobile Phone Calls, Handheld computers (Handheld) and Tablet Computers should get PI

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Mobile Phone, Handheld Computer (Handheld) and Tablet Computer from the Minister.

(2) The Minister delegated the publishing authority of the Mobile Phone Phone, Mobile Computer (Handheld) and Tablet Computer as referred to in paragraph (1) to the Director General.

Article 7 (1) To obtain the Mobile Phone IM, Mobile Computer

(Handheld) and the Tablet Computer as referred to in Section 6, Mobile Phone, Computer Handheld (Handheld) and Tablet Computer must submit a written request to the Minister in this case the Director General by attaching it: a. photocopy designation as mobile IT Phone, Mobile Computer

(Handheld) and Tablet Computer;

b. TPP Import from Director General of High Technology-Based Excellence Industry (IUBTT), Ministry of Industry;

c. photocopy of the still applicable Certificate of Devices and Telecommunication Devices published by the Directorate General of Resources and the Postal Service and Informatics, Ministry of Communications and Informatics;

d. Photocopies of Caption Pencantuman Indonesian (SKPLBI) Mobile Phone, Mobile Computer (Handheld) and Tablet Computer;

e. proof of letter of appointment of the principal holder of a brand holder/overseas factory by showing the original letter of appointment that has been passed by the local state Public Notaries and Trade Atases or diplomatic officials in the field of economics/consuler in the country local;

f. 1 (one) year import plan for 1 (1) year import, item type, 10 digit Tarif/HS Post, load port and destination port; and

g. a statement letter from the principal holder/factory holder abroad that proves the import plan as referred to in the letter f.

(2) the Director General on behalf of the Minister publishes: a. Mobile Phone (Handheld) and Computers

The longest five (five) working days of the application since the request are received in full and correct; or

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b. the renunciation of Mobile Phone PIP publishing, Mobile Computer (Handheld) and Tablet Computers 5 (five) weekdays since the application is accepted in terms of incomplete and/or not correct applications.

(3) Mobile Phone PIs, Computer Handheld and Tablet Computers as referred to in paragraph (2) letters a delivered to the IT mobile phone, Handheld Computer (Handheld) and Tablet Computer, and the stews are delivered to the associated agencies.

(4) PIP Phone PIs, Handheld Computer (Handheld) and Tablet Computers as referred to in paragraph (3) forwarded it online to the Indonesian portal National Single Window (INSW).

Section 8 of the Term IM Mobile Phone, Mobile Computer (Handheld) and Tablet Computer as referred to in Section 7 of the paragraph (2) the letter is adjusted to the applicable TPP Import.

Article 9 (1) Mobile Phone, Mobile Computer (Handheld) and Tablet Computer

imported by IT Mobile Phone, Mobile Computers (Handheld) and Tablet Computers can only be traded and/or transferred to Distributor.

(2) Mobile Phone, Computer Handheld (Handheld) and Tablet Computer imported by IT Mobile Phone, Handheld computers (Handheld) and Tablet computers are prohibited to be traded and/or transferred to consumers or retailers (retailers).

Article 10 Each import of Cellular Phone, Handheld Computer (Handheld) and Tablet Computer by mobile IT Phone, Mobile Computer (Handheld) and Tablet Computer can only be done through:

a. seaport: Belawan di Medan, Tanjung Priok in Jakarta, Tanjung Gold in Semarang, Tanjung Perak in Surabaya, and Soekarno-Hatta in Makassar;

b. air ports: Polonia in Medan, Soekarno-Hatta in Tangerang, Ahmad Yani in Semarang, Juanda in Surabaya, and Hasanuddin in Makassar.

Article 11 (1) Mobile Phone Inenter, Mobile Computer (Handheld) and

Tablet Computer for The needs of the Free Trade Area and the Free Port are set up in accordance with the regulations of the Free Trade Area and the Port

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Free and fixed refers to the provisions as referred to in Section 2.

(2) Any Mobile Phone Expenses, Handheld Computers (Handheld) and Tablet Computer of the Free Trade Area and Free Port to elsewhere in the Pabean region applies to the provisions of this Minister Regulation.

Article 12

(1) Any implementation of the import of Cellular Phone, Handheld Computers (Handheld) and the Tablet Computer must first be done verification or search of import technical at the loading port.

(2) Execution verification or technical callers as referred to in paragraph (1) performed by the Surveyor specified by the Minister.

(3) To be designated as a verification or technical search for Mobile Phone Importers, Mobile Mobile (Handheld) and Tablet Computers as referred to in paragraph (2), Surveyors must meet the requirements as follows:

a. have a Survey of the Survey of Services (SIUJS); b. experienced surveyors at a minimum of 5 (five)

years;

c. have branches or representation and/or affiliates abroad and have networks to support the effectiveness of verification services or technical callers; and

d. have traces (track records) in the field of verification of the verification activities or technical browsing.

Section 13

(1) Verification as referred to in Section 12 of the paragraph (1) is conducted against the import of mobile Phone, Handheld Computer (Handheld) and Tablet Computer, which includes data or captions regarding:

a. The state and the port fit; b. Decoding time; c. Destination port; d. Post Tarif/HS and description of goods; and e. Type and volume in accordance with a statement letter of the principal

holder/factory holder abroad. (2) In addition to the verification performed as referred to in paragraph (1),

verification is also made against imported product samples including:

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a. Fitness inclusion of labels against Cellular Phone SKPLBI, Handheld Computers (Handheld) and Tablet Computer;

b. Suitability of Device Certificate and Telecommunication Devices published by the Directorate General of Resources and Mail and Informatics Devices, Ministry of Communications and Informatics; and

c. Suitability number International Mobile Equipment Identity (IMEI), Mobile Equipment Identifier (MEID), Electronic Serial Number (ESN) or the like according to those listed in the TPP Import.

(3) The verification results as referred to in paragraph (1) and the paragraph (2) is poured in the form of the Surveyor Report (LS) for use as a customs document in the settlement of the import.

(4) For the conduct of verification or technical browsing. as it is in verse (1) and paragraph (2), Surveyor is collecting rewards of the Mobile Phone, Mobile Computer (Handheld) and Tablet Computers are determined by regard to benefits.

Article 14

verification or technical tracking of mobile phone, handheld computers, (Handheld) and the Computer Tablet by Surveyor does not reduce the authority of the Directorate General of Customs and Excise, the Ministry of Finance to conduct customs checks.

Article 15

(1) The Company has obtained the designation as Mobile Phone, Mobile Computer (Handheld) and Tablet Computer mandatory: a. delivered a report in writing for the implementation of imports

Mobile Phone, Mobile Computer (Handheld) and Tablet Computer via http://inatrade.kemendag.go.id; and

b. attach photocopy of the Import Realization Control Card which has been parsed and stamped by the Customs and Excise officers.

(2) The report as referred to in paragraph (1) the letter a is delivered every month the next 15 months later to the Director General with stews to Director General of High Technology-Based Excellence Industry (IUBTT), Ministry of Industry.

Article 16

Surveyors as referred to in Article 12 of the paragraph (2) is required to deliver a written report on execution of verification or

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technical tracking of Mobile Phone (Handheld) and Tablet Computers to the Director-General each month at the next 15 months.

Section 17 Redemption as IT Mobile phones, Mobile computers (Handheld) and Tablet Computers are revoked if the company: a. evidently to trade and/or transfer the Phone

Mobile, Mobile Mobile (Handheld) and the Tablet Computer that are imported to the consumer or retailer (retailers) as referred to in Article 9 of the paragraph (2);

b. Does not perform the report's submission obligations as referred to in Article 15 as much as 2 (two) times;

c. does not import Mobile Phone, Mobile Computer (Handheld) and Tablet Computer within 6 (six) months In a row,

d. has been shown to change the information listed in the Mobile Phone Import document, Mobile Computers (Handheld) and Tablet Computer;

e. conduct breaches in the field of pabeeness based on information from the Directorate General of the Ministry of Finance; dan/or

f. Found guilty based on a court ruling that has a fixed legal force on criminal acts related to the misuse of mobile phone importation documents, Mobile computers (Handheld) and Tablet computers.

Article 18 Revocation of designation as Mobile Phone, Mobile Computer (Handheld) and Tablet Computers are established by the Director General for and on behalf of the Minister.

Article 19

Redemption as Surveyor is revoked if: a. conduct a breach in the conduct of verification activities or

technical tracking of Mobile Phone (Handheld) and Tablet Computers; and/or

b. not to meet the provisions of the written reporting obligations as referred to in Article 16 as much as 2 (two) times.

Section 20

Revocation of the designation as a Surveyor as a verification or technical tracking of mobile Phone Calls, Handheld Computer (Handheld) and Tablet Computer as referred to in Article 19 set by the Minister.

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Section 21 (1) Importers importing Mobile Phones, Mobile computers

(Handheld) and Tablet Computer do not comply with the provisions in the Regulation of this Minister are subject to sanction pursuant to terms of Laws.

(2) In terms of Mobile Phone, Handheld Computers (Handheld) and the imported Tablet Computers do not comply with the Import and/or not in accordance with the provisions in this Ministerial Regulation, must be re-export.

(3) The charge of re-export as referred to in paragraph (2) becomes the responsibility of the importer.

Article 22

(1) The provisions in this Ministerial Regulation do not apply to the import of Mobile Phones, Mobile Computers (Handheld) and the Tablet Computer that is:

a. Private property of passengers and/or crew means carrier with at most 2 (two) units of a different type per person;

b. Foreign representative goods and officials serving in Indonesia on the basis of reciprocity;

c. goods for international entities with his officials in charge of Indonesia;

d. items for the purposes of research, testing, and the development of science; and/or

e. Sample items that are not for trade. (2) For the importation of Mobile Phones, Mobile computers (Handheld) and

Tablet computers which are goods as referred to in paragraph (1) d and letter e must obtain the consent of the Director General.

Article 23 Supervision of Cellular Telephony importation, Mobile Computer (Handheld) and Tablet Computer are conducted under the provisions of the laws.

Article 24

Technical instructions of the implementation of this Minister Regulation may be established by the Director General.

Article 25

The Regulation of the Minister came into force on 1 January 2013.

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In order for everyone to know, ordering the Minister of the Union Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 27 December 2012 MINISTER TRADE REPUBLIC OF INDONESIA,

GITA IRAWAN WIRJAWAN

UNDRAFILED in Jakarta on 28 December 2012 MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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