Trade Minister Regulation Number 82/m-Dag/per/12/2012 Year 2012

Original Language Title: Peraturan Menteri Perdagangan Nomor 82/M-DAG/PER/12/2012 Tahun 2012

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BN 1376-2012. doc REPUBLIC INDONESIA No. 1376, 2012 the MINISTRY of trade. Cell Phones. Handheld. Tablet computer. Import. REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA NUMBER 82/M-DAG/PER/12/2012 ABOUT the CONDITIONS of the IMPORT of MOBILE PHONES, handhelds (HANDHELDS), and TABLET COMPUTERS with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that in order to provide protection to consumers and creating an orderly administration of the import of mobile phones, handhelds (handhelds), and tablet computers, need to take the policies in the field of import over cell phone products , handhelds (handhelds), and tablet computers; b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of trade; Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86); 2. Act No. 3 of 1982 on Obligatory list of companies (State Gazette of the Republic of Indonesia number 7 in 1982, an additional Sheet of the Republic of Indonesia Number 3214); www.djpp.kemenkumham.go.id 2012, no. 1376 2 3. Act No. 7 of 1994 about an endorsement Agreement Establishing The World Trade Organization (agreement of the establishment of the World Trade Organization), (State Gazette of the Republic of Indonesia Number 57 in 1994, an additional Sheet of the Republic of Indonesia Number 3564); 4. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612) as amended by Act No. 17 of 2006 (State Gazette of the Republic of Indonesia Number 93 in 2006, an additional Sheet of the Republic of Indonesia Number 4661); 5. Act No. 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Efforts (the Gazette of the Republic of Indonesia Number 33 of 1999, an additional Sheet of the Republic of Indonesia Number 3806); 6. Act No. 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia Number 42 in 1999, an additional Sheet of the Republic of Indonesia Number 3821); 7. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic of Indonesia Number 4916); 8. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737); www.djpp.kemenkumham.go.id 2012, no. 1376 3 9. Government Regulation No. 10 in 2012 about the treatment of Customs, taxation, and customs as well as Income and expenditures Governance Items to and from as well as being in the area that has been designated as a free trade area and free port (State Gazette of the Republic of Indonesia year 2012 No. 17, an additional Sheet of the Republic of Indonesia Number 5277); 10. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade; 11. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II as amended by presidential decree number 59/P in 2011; 12. the presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended several times the last presidential regulation Number 91 in 2011; 13. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries as amended several times the last presidential regulation Number 92 in 2011; 14. Regulation of the Minister of Commerce number 11/M-DAG/PER/3/2006 regarding the conditions and procedures for the issuance of the Certificate of registration agent or Distributor of goods and/or services; 15. Minister of Trade Regulation No. 14/M-DAG/PER/3/2007 on the standardization of Service Trade and the supervision of Indonesia national standard (SNI) Mandatory against goods and services as amended by regulation of the Minister of Commerce number 30/M-DAG/PER/7/2007; www.djpp.kemenkumham.go.id 2012, no. 1376 4 decide: define: TRADE MINISTER REGULATION ABOUT the CONDITIONS of the IMPORT of MOBILE PHONES, handhelds (HANDHELDS), and TABLET COMPUTERS. 16. Regulation of the Minister of Commerce number 19/M-DAG/PER/5/2009 concerning the registration of usage instructions (Manual) and the guarantee/Warranty Card Sales in the Indonesian Language For Telematics and electronics; 17. Minister of Trade Regulation Number 20/M-DAG/PER/5/2009 on conditions and procedures for the supervision of goods and/or services; 18. Regulation of the Minister of Commerce Number 54/M-DAG/PER/9/2009 on the General provisions in the field of Import; 19. Regulation of the Minister of Commerce Number 62/M-DAG/PER/12/2009 on the obligation of inclusion of the labels on the goods, as amended by regulation of the Minister of trade number 22/M-DAG/PER/5/2010; 20. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of Trade as amended by regulation of the Minister of Commerce Number 57/M-DAG/PER/8/2012; 21. Minister of Trade Regulation Number 27/M-DAG/PER/5/2012 about the Provision Number Identifier Importer (API) as amended by regulation of the Minister of Commerce number 59/M-DAG/PER/9/2012; 22. Regulation of the Minister of industry Number 81/M-IND/PER/8/2012 Registration of cell phones and handheld computers (Handheld); www.djpp.kemenkumham.go.id 2012, no. 1376 5 article 1 In this regulation of the Minister, is: 1. Cell phones including smartphones is any equipment that is used to communicate over long distances by using cellular networks and other wireless networks, except for satellite phone with Postal Rates/HS ex. 8517.12.00.00. 2. Handheld computers (Handheld) including Personal Digital Assistants (PDA) and a palmtop is an automated data processing machine mobile (handheld), with the tariff Heading/HS 8471.30.10.00. 3. the Tablet computer is a portable automatic data processing machines which use touch screen flat monitor and input devices as using stilus, digital pen, or a fingertip, in addition to using the keyboard or mouse, can serve as a communication tool or not with Postal Rates/HS ex. 8471.30.90.00. 4. Import of goods to enter the activity is in the area of customs. 5. The importer Registered cellular phone, handheld computer (Handheld) and Tablet computers, hereinafter called IT a cell phone, Hand-held Computer (Handheld) and Tablet computers is a company approved to perform the import of mobile phones, handhelds (Handhelds) and Tablet computers for the purposes of business activity with the trade and/or memindahtangankan to the other party. 6. Approval of the import of mobile phones, handhelds (Handhelds) and Tablet computers, hereinafter called PI cell phones, handhelds (Handhelds) and Tablet computers are the import permit cell phones, handhelds (Handhelds) and Tablet computers. 7. the registration of imported products, hereinafter called the TPP registration certificate is Imported for cell phones, handhelds (Handhelds) and Tablet computers that will be imported with this type, the identification numbers of any mobile phone products, handhelds (Handhelds) and Tablet computers, and the number, which was published by the official agency/unit related technical authorities. 8. The principal holder of the brand/factory overseas is an individual or a business entity in the form of a legal entity or is not a legal entity in the foreign country that appoints an agent or distributor to do the sale of goods and/or services owned/controlled. 9. Verification or inspection activities is technical Search technical top imports carried out at the port of unloading of the goods by the Surveyor. www.djpp.kemenkumham.go.id


2012, no. 1376 6 10. Surveyor is a company survey that got the authorization to conduct the search or verification of technical imports. 11. the Minister is the Minister of the organizing Affairs of the Government in the field of trade. 12. the Director-General is the Director General of foreign trade, Ministry of Commerce. Article 2 (1) Each cell phones, handhelds (Handhelds) and Tablet computers being imported meet the compulsory provisions concerning: a. the standard and/or technical requirements; b. labeling requirements. (2) the legal obligation set out on the basis of laws-other invitations over the imports of cellular phones, handhelds (Handhelds) and Tablet computers remains valid. Article 3 (1) imports of cell phones, handhelds (Handhelds) and Tablet computer can only be done by companies that have earned IT designation as a cell phone, Hand-held Computer (Handheld) and Tablet computers from the Minister. (2) the Minister's delegate the authority issuing the determination as IT cell phones, handhelds (Handhelds) and Tablet computer referred to in subsection (1) to the Director General. Article 4 (1) to obtain designation as IT cell phones, handhelds (Handhelds) and Tablet computers as stipulated in article 3, the company must apply in writing to the Minister in this case Director General, attaching a photocopy of: a. trading business Licence (SIUP) that its business areas include imports of cell phones, handhelds (Handhelds) and Tablet computers or other similar business license issued by a government agency or the authorized technical service; b. photocopy Sign companies list (TDP); c. photocopying Principal Taxpayers Number (NPWP); d. photocopies of Identification Number Importer (fire); e. photocopies of Customs identification numbers (NIK); f. photocopying Number Identifier Importer special (NPIK) electronics and its components; www.djpp.kemenkumham.go.id 2012, no. 1376 7 g. original affidavit with the cooperation of at least three (3) the distributor; and h. proof of experience as importer of mobile phones, handhelds (Handhelds), and Tablet computers in the form of: 1. the determination of the importer is registered (IT) specific products and Report the Surveyor (S) which shows ever do imports of cell phones, handhelds (Handhelds) and Tablet computers; or 2. Notice of Import goods (PIB) for cell phones, handhelds (Handhelds) and Tablet computers; or i. proof of experience as a distributor of cell phones, handhelds (Handhelds) and the shortest Tablet computer for 3 (three) years include: 1. Trade Business License (SIUP); 2. the Certificate of registration of goods in domestic Distributor and/or Abroad for cell phones, handhelds (Handhelds) and Tablet computers, published by Directorate General of domestic trade; and 3. The letter of appointment or cooperation as distributor of cell phones, handhelds (Handhelds) and Tablet computers from importers of cell phones, handhelds (Handhelds) and Tablet computers. (2) upon a written application referred to in subsection (1), the Director-General on behalf of the Minister published the assignment as IT cell phones, handhelds (Handhelds) and Tablet computers more than 5 (five) business days counted since the petition received complete and correct. (3) in the event of a written application referred to in subsection (1) does not complete and correct, the Director General delivered a notice of refusal of the application for more than 5 (five) business days counted since the plea was accepted. Article 5 Designation of IT as a mobile phone, handhelds (Handhelds) and Tablet computers as mentioned in article 4 are valid for 2 (two) years. Article 6 (1) is IT a cell phone, Hand-held Computer (Handheld) and Tablet computers that will perform the import of mobile phones, handhelds (Handhelds) and Tablet computers should get PI www.djpp.kemenkumham.go.id 2012, no. 1358 of 8 mobile phones, handhelds (Handhelds) and Tablet computers from the Minister. (2) the Minister authorizes the publication of PI delegate cell phones, handhelds (Handhelds) and Tablet computer referred to in subsection (1) to the Director General. Article 7 (1) to get PI cell phones, Handhelds (Handhelds) and Tablet computers as stipulated in article 6, IT cell phones, handhelds (Handhelds) and Tablet computer must apply in writing to the Minister in this case the Director-General by attaching a photocopy of: a. the designation of IT as a mobile phone, handhelds (Handhelds) and Tablet computers; b. TPP import from Director General of High Technology-based Flagship Industries (IUBTT), the Ministry of industry; c. photocopying Certificates tools and Devices that are still valid, published by the Directorate General of Post and device Resources and Informatics, Ministry of communications and Informatics; d. photocopies of the certificate the inclusion of Indonesian Language Labels (SKPLBI) cell phones, handhelds (Handhelds) and Tablet computers; e. proof of appointment letter from the principal holder of the brand/manufacturer overseas by showing the original letter of appointment that had been legalized by the Notary Public of the State of the local and military attaché of trade or diplomatic officials in economics/consular in the local State; f. plans import goods during 1 (one) year which includes the amount, type of goods, the tariff Heading/HS 10 digit, the port of unloading and the port of destination; and g. affidavit of the principal holder of the brand/factories abroad that proves the import plan as stated on the letter f. (2) the Director-General on behalf of the Minister to publish: a. PI cell phones, handhelds (Handhelds) and Tablet computers more than 5 (five) working days since the petition received complete and correct; or www.djpp.kemenkumham.go.id 2012, no. 1376 9 b. refusal of issuance PI cell phones, Handhelds (Handhelds) and Tablet computers more than 5 (five) working days since the application was received in the case of the petition is incomplete and/or incorrect. (3) the PI cell phones, Handhelds (Handhelds) and Tablet computers as referred to in paragraph (2) letter a IT was delivered to cell phones, handhelds (Handhelds) and Tablet computers, and copy submitted to the relevant agencies. (4) PI cell phones, handhelds (Handhelds) and Tablet computers as mentioned in subsection (3) are forwarded to the portal online Indonesia National Single Window (INDONESIA). Article 8 term PI cell phones, handhelds (Handhelds) and Tablet computers as stipulated in article 7 paragraph (2) letter a is adjusted with the expiration of the import of TPP. Article 9 (1) cell phones, handhelds (Handhelds) and Tablet computers are imported by IT cell phones, handhelds (Handhelds) and Tablet computers can only be traded and/or transferable to distributors. (2) cell phones, handhelds (Handhelds) and Tablet computers are imported by IT cell phones, handhelds (Handhelds) and Tablet computers banned for traded and/or transferable to the consumer or retailer (retailer). Article 10 Any imports of cell phones, handhelds (Handhelds) and Tablet computers by IT cell phones, handhelds (Handhelds) and Tablet computer can only be done through: a. seaports: Belawan in Medan, Tanjung Priok in Jakarta, Tanjung Emas in Semarang, Tanjung Perak in Surabaya, and Soekarno-Hatta in Makassar; b. Airport: Polonia in Medan, Soekarno-Hatta in Tangerang, in Semarang Ahmad Yani, Juanda in Surabaya, and Hasanuddin in Makassar. Article 11 (1) infusion of cell phones, handhelds (Handhelds) and Tablet computers for the needs of free trade area and the free port is governed in accordance with laws regarding invitation-free trade area and the port of www.djpp.kemenkumham.go.id 2012, no. 1376 10 free and still refers to the provisions referred to in article 2. (2) Each expenditure cell phones, handhelds (Handhelds) and Tablet computers from the free trade area and the free port to another place in the area of Customs applies the provisions of this regulation of the Minister. Article 12 (1) any execution of the import of mobile phones, handhelds (Handhelds) and Tablet computer must first do a search or verification of technical imports at the port of unloading. (2) implementation of verification or technical search referred to in subsection (1) is carried out by a Surveyor assigned by the Minister. (3) to be designated as implementing the verification or technical search import mobile phones, handhelds (Handhelds) and Tablet computers as mentioned in subsection (2), the Surveyor must satisfy the following requirements: a. have a business license Services Survey (SIUJS); b. experienced as a surveyor in the area of import at least 5 (five) years; c. have a branch or representative office and/or its affiliates in foreign countries and has a network to support the effectiveness of verification or technical search services; and d. have record-trail (track records) in the field of verification activities management or technical search imports. Article 13 (1) the verification referred to in article 12 paragraph (1) committed against imports of cell phones, handhelds (Handhelds) and Tablet computers, which include data or information on: a. the State and the port of unloading; b. time of shipment; c. port of destination; d. Postal Rates/HS and description of the goods; and e. the type and volume in accordance with the statement of the principal holder of the brand/manufacturer overseas. (2) in addition to the verification is done as mentioned in subsection (1), the verification was also performed against the imported product samples which include: www.djpp.kemenkumham.go.id


2012, no. 1376 11 a. the suitability of inclusion of the label against SKPLBI cell phones, handhelds (Handhelds) and Tablet computers; b. Certificate of conformity the appliance and Telecommunication Devices, published by the Directorate General of Post and device Resources and Informatics, Ministry of communications and Informatics; and c. the conformance numbers International Mobile Equipment Identity (IMEI), Mobile Equipment Identifier (MEID), Electronic Serial Number (ESN) or the like in accordance with that stated in the import of TPP. (3) the results of the verification as referred to in paragraph (1) and paragraph (2) was poured in the form of the report of the Surveyor (S) to be used as complementary documents customs in the completion of customs import in the field. (4) the implementation of the verification or technical search referred to in subsection (1) and paragraph (2), surveyors picked up in Exchange for IT services from a mobile phone, handhelds (Handhelds) and Tablet computers that the adjustment is determined by observing the principle of benefits. Article 2 verification Activities or technical search imports of cell phones, handhelds (Handhelds) and Tablet computers by Surveyors did not diminish the authority of the Directorate General of customs, Ministry of finance to conduct the examination of customs. Article 15 (1) of the company have earned the designation as IT cell phones, handhelds (Handhelds) and Tablet computers are obligated: a. submit a report in writing over the implementation of the import of mobile phones, handhelds (Handhelds) and Tablet computers through http://inatrade.kemendag.go.id; and b. attach a photocopy of the card Control realization of Import that has been diparaf and stamped by Customs and Excise officers. (2) the report referred to in subsection (1) letter a is delivered every month no later than the 15th of the following month to the Director General with a copy to the Director-General of Industry-based Flagship high-tech (IUBTT), the Ministry of industry. Article 16 the Surveyor referred to in article 12 paragraph (2) is obligated to deliver a written report on the implementation of the verification or www.djpp.kemenkumham.go.id 2012, no. 1376 12 technical import search cell phones, handhelds (Handhelds) and Tablet computers to the Director-General every month no later than the 15th of the next month. Article 17 Assignment as IT cell phones, handhelds (Handhelds) and Tablet computer was revoked when the company: a. proven trade and/or memindahtangankan cell phones, handhelds (Handhelds) and Tablet computers that are diimpornya to the consumer or retailer (retailer) as referred to in article 9 paragraph (2); b. do not do the obligation of submission of the report referred to in Article 15 and as many as 2 (two) times; c. don't do imports of cell phones, handhelds (Handhelds) and a Tablet computer within 6 (six) consecutive months; d. proven to change the information contained in the document import mobile phones, handhelds (Handhelds) and Tablet computers; e. conduct violations in the field of customs based on information from the Directorate General of customs and Excise Ministry of finance; and/or f. convicted based on court rulings that have the force of law remain the top crime relating to the abuse of the import documents of cell phones, handhelds (Handhelds) and Tablet computers. Article 18 Repeal the designation as IT cell phones, handhelds (Handhelds) and Tablet computers are assigned by the Director General for and on behalf of the Minister. Article 7 Designation as a Surveyor was revoked if: a. the offender in the implementation of the activities of verification or technical search import mobile phones, handhelds (Handhelds) and Tablet computers; and/or b. does not meet the provisions of a written reporting obligations as stipulated in article 16 as much as 2 (two) times. Article 20 Repeal the designation as a Surveyor as executing a search or technical verification of imported mobile phones, handhelds (Handhelds) and Tablet computers as mentioned in article 19 set by the Minister. www.djpp.kemenkumham.go.id 2012, no. 1376 13 Article 21 (1) an importer who imports a cell phone, Hand-held Computer (Handheld) and Tablet computers are not in compliance with the provisions in the regulations the Minister is penalized in accordance with the provisions of the legislation. (2) in the case of cell phones, handhelds (Handhelds) and imported Tablet computer does not match the Import Approval and/or does not comply with the provisions of this regulation of the Minister, should be done re-exports. (3) the cost of the top re-export referred to in subsection (2) the responsibility of the importer. Section 22 (1) the provisions of this regulation of the Minister does not apply to imports of cell phones, handhelds (Handhelds) and a Tablet computer is: a. the personal belongings of passengers and/or crew of means of transport with the sum of at most 2 (two) units of different types per person; b. goods representative of foreign countries and their officials on duty in Indonesia based on the principle of reciprocity; c. the goods for the purposes of international agencies with headquarters in charge in Indonesia; d. the goods for the purposes of research, testing, and development of science; and/or e. examples of goods not to be traded. (2) to import mobile phones, handhelds (Handhelds) and Tablet computers that are the goods referred to in subsection (1) the letter d and the letter e has to get the approval of the Director General. Article 23 Supervision against importation of cell phones, handhelds (Handhelds) and Tablet computers is done in accordance with the legislation. Article 24 implementation of the Technical Instructions of this ministerial regulation can be established by the Director General. Article 25 this Ministerial Regulation went into effect on January 1, 2013. www.djpp.kemenkumham.go.id 2012, no. 1376 14 so that everyone knows it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on December 27, 2012, MINISTER of TRADE of the REPUBLIC of INDONESIA, GITA IRAWAN WIRJAWAN Enacted in Jakarta on December 28, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id