REPUBLIC OF INDONESIA STATE NEWS

No. 557, 2009 MINISTRY OF COMMERCE. Import Capital Goods. NOT NEW.

REGULATION OF THE REPUBLIC OF INDONESIA TRADE MINISTER

NUMBER 63/M-DAG/PER/12/2009 ON

PROVISIONS OF THE IMPORT OF CAPITAL GOODS INSTEAD OF NEW

WITH THE GRACE OF GOD ALMIGHTY TRADE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a. that the economic situation of Indonesia as a whole has not been conducive to the still weak purchasing power capabilities in some sectors of the industry, especially in the procurement of capital goods, so that it needs to make the efforts of providing capital goods that can be to be reached by the intended industrial sector;

b. that based on consideration as referred to in the letter a and given the time the implementation of the import provisions of the capital goods is not new as set in Regulation of Trade Minister Number 57 /M-DAG/PER/12/2008 will end on the 31st December 2009, necessary to continue the import policy of capital goods is not new;

c. that under consideration as referred to in letter a and letter b, it needs to establish the Trade Minister Regulation;

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

2. Act Number 3 of 1982 on Compulsory Corporate Lists (sheet Of State Of The Republic Of Indonesia In 1982 Number 7, Additional Gazette Of The Republic Of Indonesia Number 3214);

3. Law No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia in 1984 No. 22, Additional Gazette of the Republic of Indonesia Number 3274);

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 Number 36 Year 2000 on Establishing Government Regulation Replacement Rule Number 1 Year 2000 on Free Trade Area and Free Port became Act (State Sheet of the Republic of Indonesia Year 2000 Number 251, Indonesia's Republic of Indonesia Number 4053) as amended by Law No. 44 of 2007 (Indonesian Republic of Indonesia Year 2007 Number 130, Additional Gazette Republic of Indonesia Number 4775); 6. Invite-Invite Number 25 Year 2007 on Capital Cultivation (State Sheet Of Republic Of Indonesia Year 2007 Number 67, Addition Of State Sheet Indonesia Number 4724);

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. 17 Year 1986 on Regulatory Authority, Development and Industry Development (State Sheet of the Republic of Indonesia Year 1986

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Number 23, Additional Page Of The Republic Of Indonesia Number 3330);

9. Government Regulation No. 13 of 1995 on Industrial Permit (State of the Republic of Indonesia in 1995 Number 25, Additional Gazette of the Republic of Indonesia Number 3596);

10. The Presidential Decree Number 260 In 1967 On The Enforcement Of The Task And The Responsibility Of The Minister Of Commerce In The Field Of Foreign Trade;

11. Presidential Decree No. 84 /P of the Year 2009 on the Establishment of the United Indonesia Cabinet II;

12. President's Law Number 9 of 2005 on Occupation, Duty, Function, Organization, Organization, and Working System of the Ministry of State of Indonesia as amended in the last few times with Presidential Regulation No. 20 of 2008;

13. The Presidential Decree No. 10 of 2005 on the Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia as amended on the last several times with the Presidential Regulation No. 50 of 2008;

14. The decision of the Minister of Finance Number 291 /KMK.05/ 1997 on the Bining Area as amended in the last several times with the Regulation of the Minister of Finance Number 101 /PMK.04/2005;

15. Trade Minister Regulation No. 01 /M-DAG/PER/3/2005 on the Organization and Work Order of the Department of Commerce as amended in the last few times with the Regulation of Trade Minister Number 24/M-DAG/PER/6/2009;

16. Regulation of Trade Minister Number 31 /M-DAG/PER/7/2007 on Importer Identifiers (API);

17. The Regulation of Trade Minister Number 12 /M-DAG/PER/3/2009 on Devolution Of Licensing Authority In Foreign Trade To The Enterprise Of The Free Trade Area And The Free Port Of Batam, The Board Of Entrepreneurship

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Free Trade Area And The Free Port Of Bintan, And The Board Of Free Trade Area And The Karimmune Free Port;

18. Regulation Trade Minister Number 54 /M-DAG/PER/10/2009 on The General Terms In Import;

DECIDED: Establish: REGULATION OF TRADE MINISTERS ON

PROVISIONS OF IMPORT OF CAPITAL GOODS ARE NOT NEW. Article 1

In Regulation of this Minister referred to: 1. The capital goods are not new are goods that are still eligible to be used or for

reconditioning, remanufacturing, reused and not skrapy. 2. Direct-user companies are companies that have licensed

businesses that import capital goods instead of new to the purposes of the production process or used alone by companies for other purposes not in the production process.

3. A reconditioning company is a company that has licensed industrial enterprises reconditioning to process capital goods instead of being the end product for export purposes or meeting domestic-user orders.

4. The remanufacturing company is a company that has had a remanufacturing industrial business permit to process capital goods instead of being the end product for export purposes or meeting domestic-user orders.

5. An Industry or other Business License is a permit granted to the industry/company to conduct business activities issued by the authorized instance in accordance with the provisions of the laws.

6. Surveyor is a survey company that is authorized to conduct verification or technical search of imported goods.

7. The PDKB is the Company in the Tied Area. 8. DPIL is another Indonesian Pabean Region. 9. KB is a binding area. 10. The Director General is Director General of Foreign Trade. 11. The Minister is the minister whose duty and responsibility is in the field

trade.

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Section 2 (1) The capital goods are not new only to be imported by:

a. Direct-user company; b. the company is reconditioning; and/or c. the remanufacturing company.

(2) The capital goods are not new to which the company can be imported as referred to in paragraph (1), covering the Tarif/HS Post listed in Appendix I that is a part of not be separated from this Minister Rule.

(3) Requests by a direct-user company as referred to in paragraph (1) the letter a which can import capital goods is not new, must have: a. A copy of the license granted to the company for

does business activities issued by the authorized instance in accordance with the provisions of the laws of the laws;

b. Photocopies of the Importer Identifier (API); and c photocopy of the Tax Mandatory Principal Number (NPWP).

(4) Requests by a recondition company or a remanufacturing company as referred to in paragraph (1) letter b and the letter c that can import capital goods instead of new, must have: a. a photocopy of the recondition or remanufacturing of the Industry that

is provided to an industry company issued by the authority in accordance with the provisions of the invite-invitation rules;

b. Photocopies of Importers (API); c. photocopies of the Taxpayer Number (NPWP); d. photocopy of the Surveyor Report on the technical viability of the services

recovery and repair including machine facilities, equipment as well as the ability of the sale full service;

e. Recommendations from the Department of Industry; and f. for domestic needs accompanied by proof of a request letter from

the user company. (5) A request as referred to in paragraph (3) and paragraph (4) must

be delivered in writing to the Import Director.

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Section 3 (1) Any implementation of the import of capital goods is not new as intended

in Section 2 of the paragraph (2) must get the import consent first of the Director of Import by attaching the requirements as set forth in section 2 of the paragraph (2) and paragraph (4).

(2) The Import Director publishes import consent within 5 (five) working days from the date of receipt of the application as referred to in Article 2 of the paragraph (5).

Section 4 (1) Import of capital goods is not new that has received import consent

as referred to in Article 3 of the paragraph (1), it must be conducted a technical check first by Surveyor.

(2) The implementation of technical checks as referred to in paragraph (1) is performed in the country of the origin of the goods by Surveyor that the Minister specified.

(3) The technical examination as referred to in paragraph (1) includes: a. The feasibility of using capital goods is not new; b technical specifications that include the Tarif/HS postal number of capital goods

not new; and c. the amount and value of capital goods is not new.

(4) The results of technical examination by Surveyor as referred to on the paragraph (3) is poured into the Certificate of Inspection which states: a. The capital goods are not new. It is still worth the use or for

enabled again; b. not score; and c. description, value, and technical specifications.

(5) Certificate of Inspection as referred to in paragraph (3) is required to be attached as a customs document in the settlement of the import in the field of import.

(6) For the conduct of the technical examination as referred to in paragraph (1) the surveyor takes the cost of the importer.

Article 5 (1) To be able to be set as executor of the technical inspection of goods

the capital is not new as referred to in Section 4 of the paragraph (2), surveyors must meet the requirements as follows:

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a. have a Survey of the Survey of Services (SIUJS); b. experienced as a minimum surveyor 5 (five) years; and c. have branches or representation or affiliates abroad.

(2) Surveyors set as executors of technical inspection of capital goods are not new, mandatory conveyors a written report on the technical examination activities of capital goods is not new periodically every 3 (three) months.

(3) The written report as referred to in paragraph (2) is presented to the Director General in this case the Director of Import, the longest on the next 15 periods.

Article 6 (1) The capital goods is not new as referred to in Section 2 of the paragraph (2)

included in the Tarif/HS Post of 88 and 89 listed in Appendix I of the Regulation of this Minister are excluded from the terms of the technical examination as referred to in Article 4.

(2) The terms and conditions of using the eligibility and technical specifications of the capital goods are not new, which is included in the Tarif/HS Post 88 and 89 as well as its description of the verse (1) is defined by the Minister of Transportation. based on the terms of the rules of law and the event that applies to Civil and naval aircrafts.

Article 7 (1) Importers as referred to in Section 2 of the paragraph (1) which have

obtain the import consent of the capital goods instead of the new mandatory report of the realization in writing to the Director Import, Directorate General of Foreign Trade every 3 (three) months, most of the next 15 months from each month of the realization of import execution.

(2) The form of the realization report as referred to by paragraph (1) is listed in Appendix II which is an inseparable part of the Regulation of this Minister.

Article 8 (1) In order for export and investment development, including the activities

industrial relocation (factory bedol), infrastructure development, and for export purposes, import approval of capital goods is not new which is not included in Annex I Regulation The minister can be granted by the Director General of Foreign Trade on behalf of the Minister.

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(2) The import consent as referred to in paragraph (1) may be processed after meeting the requirements as referred to in Section 2 of the paragraph (3) and paragraph (4), as well as obtaining technical recommendations. Department of Industry.

Section 9 (1) The capital goods in the non-new state imported by the PDKB and

have been used for more than 2 (two) years can be transferred to other companies in DPIL.

(2) The transfer of the goods as referred to in paragraph (1) must be conducted a technical examination first by Surveyor regarding the feasibility of using and the technical specifications of the capital goods is not only referred to in the location of KB and does not require import approval and implementation of its expenses in accordance with the provisions of the laws.

(3) The transfer of goods as referred to in verse (2) is carried out through the news of the event signed by the Chief of the KB Office and the head of the local Customs Service Office and its envoy is delivered to the Director General.

(4) If the results of the technical examination as referred to in paragraph (2) do not meet the provisions as referred to in Section 4 of the paragraph (4) of the letter a and the letter b, the execution of the expenditure of the goods as referred to in paragraph (1) in accordance with the rules of the law laws regarding the import of non-hazardous and toxic waste (Non B3) materials.

Article 10 (1) of the Company as referred to in Article 2 of paragraph (1) that violates

the provisions of the Regulation of the Minister are subject to sanctions: a. Revocation of the Importer Identifier (API); and/or b. The criminal is as good as the laws of law.

(2) Surveyors that do not carry out the obligations as referred to in Section 5 of the paragraph (2) are subject to the revocation of the designation as executor of the import technical goods of the capital goods instead of new.

Article 11 (1) The import consent of the has been issued under the Minister ' s Regulations

Trade Number 57/M-DAG/PER/12/2008 on the Terms of Import Modal Goods Not New is declared to remain in effect until the expiration of the term.

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(2) If the goods imported under the import consent as referred to in paragraph (1) are not until at the time the import agreement is terminated, then the implementation of the import may be done until 28 February. 2010 with the requirement to be checked by Surveyor prior to December 31, 2009, as evidenced by Certificate of Inspection.

(3) The issuance of the issuance of the import consent of capital goods is not new to the BP of the BBK Region as set forth in the Regulation of Trade Minister Number 12/M-DAG/PER/3/2009, stated that it remains in effect and implementation. refer to the Regulation of this Minister.

Article 12 The appointment as Surveyor has been issued under the Decree of the Minister of Industry and Trade Number 492/MPP/Kep/8/2004 on Surveyor Appoination As The Managing Survey Of The Import Capital goods are not new to remain in effect for a term of 30 (thirty) days since the date of assignment of this Minister Regulation.

Article 13 of this Regulation came into force on 1 January 2010 and ended on 31 December 2010. In order for everyone to know, ordered the invitation of the Regulation of the Minister with

Specified in Jakarta on 22 December 2009 MINISTER OF TRADE REPUBLIC OF INDONESIA MARI ELKA PANGESTU

promulgated in Jakarta On the date 31 December 2009 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, PATRIALIST AKBAR

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