Trade Minister Regulation Number 39/m-Dag/per/10/2010 In 2010

Original Language Title: Peraturan Menteri Perdagangan Nomor 39/M-DAG/PER/10/2010 Tahun 2010

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51e0140040820d313233383436.html

bn625-2010 .doc INDONESIAN TRADE MINISTER REGULATION NUMBER 39/M-DAG/PER/1 0/2010 ABOUT the CONDITIONS of IMPORT of the GOODS by the MANUFACTURER with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that in order to create a conducive business climate, embody the assurance sought, and encourage the acceleration of investment, the need to regulate the import of finished goods by the manufacturer; 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); 3. Act No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia number 22 in 1984, an additional Sheet of the Republic of Indonesia Number 3274); 4. Act No. 7 of 1994 about an endorsement Agreement Establishing The World Trade Organization (Persetuj uan Pem bentu's World Trade Organization), (State Gazette of the Republic of Indonesia Number 57 in 1994, an additional Sheet of the Republic of Indonesia Number 3564); www.djpp.depkumham.go.id 5. 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); 6. 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 3825); 7. Act No. 25 of 2007 about Investing (Gazette of the Republic of Indonesia Number 67 in 2007, an additional Sheet of the Republic of Indonesia Number 4724); 8. 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); 9. Act No. 25 of 2009 about public service (State Gazette of the Republic of Indonesia Number 112 in 2009, an additional Sheet of the Republic of Indonesia Number 5038); 10. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade; 11. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries; 12. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II; 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; 14. Regulation of the Minister of trade Nomor28/M-DAG/PER/6/2009 on the provisions of the export and Import Licensing Services with electronic systems Through INATRADE In the framework of the Indonesia National Single Window; www.djpp.depkumham.go.id 15. Trade Minister regulation Number 45/M-DAG/PER/9/2009 on the number Identifier Importer (API) as amended by the Trade Minister ran Peratu number 17/M-DAG/PER/3/201 0; 16. Regulation of the Minister of Commerce Number 54/M-DAG/PER/1 0/2009 on the General provisions in the field of Import; 17. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of trade; Decide: Define: TRADE MINISTER REGULATION ABOUT The CONDITIONS Of IMPORT Of FINISHED GOODS By The Manufacturer. Article 1 In this ministerial regulation is: 1. Import keg iatan is entering the goods into the customs area of Indonesia. 2. The importer Identification Number Manufacturer, hereinafter abbreviated FIRE-P is a number Identifying Importers published by the capital investment Coordination Board Chief or the Head Office of the Province the duties and responsibilities in the area of trade, for and on behalf of the Minister of trade. 3. Finished goods are goods that are not used in the production process that can be imported by the manufacturer in accordance with the industry's business license or other similar business license issued by an authorized technical agencies. 4. The manufacturer is the company owner of the FIRE-P. 5. the Minister is the Minister of the organizing Affairs of the Government in the field of trade. 6. The Director-General is the Director General of foreign trade, Ministry of Commerce. www.djpp.depkumham.go.id 7. The Director is the Director of import, the Directorate General of foreign trade, Ministry of Commerce. 8. Agency Koord i nas i Penana man Mode l, hereinafter abbreviated BKPM is a non government agencies of the Ministry that organizes the Affairs of Government in the field of capital investment. Article 2 (1) Producers can import goods so as to encourage the development of its business. (2) goods that can be imported by the manufacturer as intended in paragraph (1) must be in accordance with: a. an industrial business license or other similar business license issued by BKPM Head; or b. an industrial business license or other similar business license issued by the technical service agencies/authorities. (3) Producers as referred to in paragraph (1), set in the list of manufacturers who are able to import finished goods by the Director General on behalf of the Minister. (4) to be defined in the list of manufacturers who are able to import finished goods as stated on aya t (3), manufacturers have to been written application to the Minister has put forward through the Director-General with the attach: a. photocopy of business license of industrial or other similar business license issued by BKPM Head or technical service agencies/authorities; and b. a photocopy of FIRE-P. Article 3 (1) the manufacturer set out in the list of manufacturers who are able to import finished goods, mandatory report realization of import of finished goods, in writing, to the Director of each quarter. (2) submission of report realization of import of goods referred to in subsection (1) done in terms of imports realised or not realized. www.djpp.depkumham.go.id (3) report on the realization of import of finished goods as referred to in paragraph (2) presented the 15th longest (l ima twelve) in the next quarter to tama per Director through http://inatrade. depdag. go. ID. (4) in addition to the report referred to in subsection (1) the manufacturer set out in the list of manufacturers who can import goods so fixed shall be obliged to submit a report as owners FIRE P-in accordance with the laws and regulations governing the number Identifier Importer (API). Article 4 (1) against a manufacturer set out in the list of manufacturers who are able to import finished goods, carried out an assessment of compliance (post audit) by the Director based on: a. the truth report realization of import; b. the suitability of the type of goods imported with a business license as referred to in article 2 paragraph (2); c. compliance with the provisions of the related laws and regulations in the field of import. (2) the Director in carrying out the assessment referred to in paragraph (1) can do together related technical agencies. Article 5 Import finished goods as referred to in article 2 paragraph (2), carried out in accordance with the provisions of the legislation. Article 6 (1), the Director General regularly submit a report to the Minister in the form of: a. recapitulation of the realization of import of finished goods by the manufacturer; and b. h a s i l compliance assessment (post audits) as referred to in article 4. www.djpp.depkumham.go.id (2) the report referred to in subsection (1) is a material evaluation for the determination of a list of manufacturers that can import the finished goods and the import policy assignment materials as finished goods. Article 7 (1) manufacturers that have been set out in the list of manufacturers who can import goods so revoked, if: a. did not submit a report the realization of import as referred to in article 3; b. compliance assessment results (post audits) as referred to in article 4 of the report stated that the realization of the import is not correct, the type of goods being imported are not in accordance with the business license, and/or does not comply with the provisions of related laws and regulations in the field of import; c. There is a written request for the removal of the assignment from the list of manufacturers who are able to import finished goods from institutions related with technical considerations prod usen does not implement production activities as appropriate; d. There is a written request for the removal of the assignment from the list of manufacturers who are able to import finished goods from the Directorate General of customs, Ministry of finance with the considerations manufacturers have in the customs offence; and/or e. penalties for the removal of FIRE-P. (2) against a manufacturer which is subject to the determination of the sanksipencabutan from the list of manufacturers who are able to import finished goods can be set back, if: a. the producers penalized revocation based on the provisions of paragraph (1) letter a, has delivered a report on the realization of the import goods; b. the producers penalized revocation based on the provisions of paragraph (1) of the letters c and d, have been stated by the Agency comply with the relevant technical; or c. the producers penalized revocation based on the provisions of paragraph (1) letter e, has had FIRE-P. www.djpp.depkumham.go.id


(3) against the producers penalized revocation of assignment from the list of manufacturers who are able to import finished goods as referred to in paragraph (1) letter b can be set back in the list of manufacturers who are able to import finished goods after one (1) year from the date of revocation of assignment from the list of manufacturers who are able to import finished goods. (4) to be set back in the list of manufacturers who can import the finished goods, the manufacturer must apply in accordance with the provisions referred to in article 2 paragraph (4). Article 8 guidelines compliance assessment (post audits) are assigned by the Director General. Article 9 this Ministerial Regulation went into effect on January 1, 2011. In order to make everyone aware of it, ordered the enactment of regulations Minister i in i with its placement in the news of the Republic of Indonesia. Established in Jakarta on October 4, 2010 the MINISTER of TRADE of the REPUBLIC of INDONESIA, MARI ELKA PANGESTU Enacted in Jakarta on December 17, 2010 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR NEWS REPUBLIC of INDONESIA NUMBER 625 in 2010 www.djpp.depkumham.go.id