Trade Minister Regulation Number 63/m-Dag/per/12/2009 In 2009

Original Language Title: Peraturan Menteri Perdagangan Nomor 63/M-DAG/PER/12/2009 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51e29bb7d099f2313233383530.html

BN 557-2009 REPUBLIC of INDONESIA No. 557, 2009 MINISTRY of trade. Imports Of Capital Goods. Not New. REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA NUMBER 63/M-DAG/PER/12/2009 on CONDITIONS of IMPORT of CAPITAL GOODS is NOT NEW with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that the State of Indonesia's overall economy has not been conducive to that cause is still weak purchasing power capability in some industrial sectors, especially in the procurement of capital goods, so the need to make the effort of supplying capital goods that can be reached by the industrial sector in question; b. that based on considerations as referred to in letter a and given the time of the implementation of the provisions of the import of capital goods is not new as set forth in regulations of the Secretary of Commerce Number 57/M-DAG/PER/12/2008 will expire on December 31, 2009, it is necessary to continue the policy of importation of capital goods is not new; c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of trade; www.djpp.depkumham.go.id 2009, no. 557 2 Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad) 1938 the 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. 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. 36 of 2000 concerning the determination of the Replacement Government Regulations Act No. 1 of 2000 about the free trade area and free port, into law (State Gazette of the Republic of Indonesia year 2000 Number 251, an additional Sheet of the Republic of Indonesia Number 4053) as amended by Act No. 44 of 2007 (State Gazette of the Republic of Indonesia Number 130 in 2007, an additional Sheet of the Republic of Indonesia Number 4775); 6. 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); 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 17 in 1986 about the authority setting, coaching and Development industry (State Gazette of the Republic of Indonesia in 1986 www.djpp.depkumham.go.id 2009, no. 557 3 Number 23, Additional sheets of the Republic of Indonesia Number 3330); 9. Government Regulation No. 13 of 1995 about the Franchise industry (State Gazette of the Republic of Indonesia number 25 in 1995, an additional Sheet of the Republic of Indonesia Number 3618); 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; 12. the presidential Regulation No. 9 of 2005 about the position, tasks, functions, Organization, and the work of Ministries of the Republic of Indonesia as amended several times the last presidential regulation Number 20 in 2008; 13. the presidential Regulation No. 10 in 2005 about the Task And Organizational Unit Echelons I Ministries of the Republic of Indonesia as amended several times the last presidential regulation Number 50 in 2008; 14. The decision of the Minister of finance Number 291/KMK. 05/1997 of Bonded Area as amended several times with the regulation of the Minister of finance Number 101/FMD. 04/2005; 15. Regulation of the Minister of Commerce number 01/M-DAG/PER/3/2005 concerning the organisation of work and the Department of Commerce as amended several times with the Trade Minister Regulation Number 24/M-DAG/PER/6/2009; 16. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2007 on the importer Identification Number (API); 17. Minister of Trade Regulation No. 12/M-DAG/PER/3/2009 on Pelimpahan Publishing Licensing Authority in the field of foreign trade Concessions to the free trade area and the free port of Batam, Agency Business www.djpp.depkumham.go.id 2009, no. 557 4 free trade area and free port, Bintan, and the concessions of the free trade area and free port, Karimun; 18. Regulation of the Minister of Commerce Number 54/M-DAG/PER/10/2009 on the General provisions in the field of Import; Decide: Define: TRADE MINISTER REGULATION ABOUT The CONDITIONS Of The IMPORT Of CAPITAL GOODS Is NOT NEW. Article 1 In this ministerial regulation is: 1. Capital goods is not new items are still eligible to wear or for reconditioned, remanufakturing, digunafungsikan back and not a scrap. 2. direct the user Company is a company that already has a business license to import capital goods is not new for the purposes of the production process or used by the company for other purposes are not in the production process. 3. Firm of modernising is a company that has had a business license to process of modernising the industrial capital goods is not new being the end product for the purpose of export or domestic users fill orders. 4. the remanufakturing Company is a company that has had a business license remanufakturing to process industrial capital goods is not new being the end product for the purpose of export or domestic users fill orders. 5. Business license other industry or business license is the permissions granted to the industry/company to conduct business activity issued by establishments authorized in accordance with the provisions of the legislation. 6. the Surveyor is a company survey that got authorization to verify technical searches or imported goods. 7. In the area of Company is PDKB Bonded. 8. the DPIL is an area Other Indonesia Customs. 9. KB is Bonded Area. 10. The Director General is the Director General of foreign trade. 11. the Minister is the Minister whose duties and responsibilities in the field of trade. www.djpp.depkumham.go.id 2009, no. 557 5 article 2 (1) capital goods instead of new can only be imported by: a. corporate users directly; b. the firm of modernising; and/or c. company remanufakturing. (2) capital goods is not new that can be imported by a company referred to in subsection (1), including the Postal Rates/HS listed in Annex I which is part an integral part of the regulation of the Minister. (3) the petition by the direct users of the company as referred to in paragraph (1) letter a that can import capital goods is not new, it should have: a. photocopy of business license granted to a company to conduct business activity issued by establishments authorized in accordance with the provisions of the legislation; b. photocopy of the importer Identification Number (API); and c a photocopy of a number of principal Taxpayers (TAX ID). (4) the petition by the firm of modernising or company remanufakturing as referred to in paragraph (1) letter b and the letter c that can import capital goods is not new, it should have: a. photocopy of business license or reconditioned Industrial remanufakturing granted to industrial companies issued by establishments authorized in accordance with the provisions of laws-the invitation; b. photocopy of the importer Identification Number (API); c. photocopying Principal Taxpayers Number (NPWP); d. photocopying technical feasibility concerning Surveyor's report service restoration and improvements including facilities, equipment and ability of after-sales service; e. recommendations from the Ministry of industry; and f. to the needs in the country accompanied by evidence of the letter of request from the company. (5) the Application referred to in subsection (3) and subsection (4) must be submitted in writing to the Director of import. www.djpp.depkumham.go.id


2009, no. 557 6 article 3 (1) any execution of the import of capital goods is not new as referred to in article 2 paragraph (2) should the import approval in advance from the Director of Import by attaching requirements referred to in article 2 paragraph (3) and subsection (4). (2) the Director of Import import approval published within 5 (five) working days counted from the date of receipt of the application referred to in article 2 paragraph (5). Article 4 (1) the import of capital goods is not new, has got the approval of import as referred to in article 3 paragraph (1), the technical inspection should be done in advance by the Surveyor. (2) the implementation of the technical inspection referred to in subsection (1) is carried out in the country of origin of the unloading of goods by the Surveyors assigned Minister. (3) the Technical Inspection referred to in subsection (1) include the following: a. the feasibility of sharing capital goods is not new; b technical specifications that include a number of postal Tariffs/HS capital goods is not new; and c. the amount and value of the capital goods is not new. (4) the results of the technical examination by Surveyor referred to in subsection (3) is poured into a Certificate of Inspection stating: a. capital goods is not new is still worthy to wear or to be enabled again; b. not scrap; and c. a description number, value, and technical specifications. (5) the Certificate of Inspection referred to in paragraph (3) obligatory supplementary customs documents as attached in the completion of customs import in the field. (6) upon the implementation of the technical inspection referred to in subsection (1) the surveyor's fees from importers. Article 5 (1) to be designated as the implementing technical inspection of imported capital goods is not new as mentioned in article 4 paragraph (2), the surveyor must satisfy the following requirements: www.djpp.depkumham.go.id 2009, no. 557 7 a. have a business license Services Survey (SIUJS); b. experience as surveyor at least 5 (five) years; and c. has branches or representatives or affiliates in foreign countries. (2) the Surveyor was designated as the implementing technical inspection of imported capital goods is not new, is obligated to deliver a written report on the activities of the technical inspection of imported capital goods is not new periodically every 3 (three) months. (3) the written report referred to in subsection (2) is submitted to the Director General in this case Director of imports, the longest on the 15th of the next period. Article 6 (1) capital goods is not new as referred to in article 2 paragraph (2) is included in the tariff Heading/HS 88 and 89 are listed in Annex I of the regulation of the Minister is exempt from the provisions of the technical inspection referred to in article 4. (2) the provisions and procedures of the determination of eligibility and description technical specifications over capital goods is not included in the new Postal Rates/HS 88 and 89 as well as the procedures of pemeriksaannya as mentioned in subsection (1) is designated by the Minister of transportation is based on the provisions of laws-invitations and procedures that apply to civil aircraft and naval vessels. Article 7 (1) the importer referred to in article 2 paragraph (1) have earned the approval of imports of capital goods is not obliged to submit a report of a new realization, in writing, to the Director of import, the Directorate General of foreign trade every three (3) months, the longest the 15th of the following month of each month the realisation of the implementation of the import. (2) the form of realization of the report referred to in subsection (1) are listed in annex II which are part an integral part of the regulation of the Minister. Article 8 (1) in the framework of the development of export and investment activity, including the relocation of industry (bedol factory), infrastructure development, and for the purpose of export, import of capital goods, approval is not new, not included in Annex I to this regulation of the Minister may be granted by the Director General of foreign trade on behalf of the Minister. www.djpp.depkumham.go.id 2009, no. 557 8 (2) of the import Approval as referred to in paragraph (1) can be processed after it meets the requirements referred to in article 2 paragraph (3) and subsection (4), as well as get recommendations/technical considerations of the Ministry of industry. Article 9 (1) capital goods in circumstances not recently imported by PDKB and has been used for more than 2 (two) year transferable to other companies in the DPIL. (2) Pemindahtanganan the goods referred to in subsection (1) must be made in advance technical examination by Surveyor regarding the feasibility and technical specification of capital goods not specified in the new location does not require the approval of KB and import and implementation of its expenditure in accordance with the legislation. (3) Pemindahtanganan of the goods referred to in subsection (2) is made through a news event which was signed by the head of the Office of the head of Service Office KB and customs and Excise tembusannya and submitted to the Director-General. (4) if the results of the technical inspection referred to in subsection (2) does not meet the conditions referred to in article 4 paragraph (2) letter a and letter b, the implementation expenditure of goods referred to in subsection (1) in accordance with the laws and regulations concerning the import of waste non hazardous materials and toxic (Non B3). Article 10 (1) the companies referred to in article 2 paragraph (1) who contravenes the provisions of this regulation of the Minister be penalized: a. revocation Number Identifier Importer (fire); and/or b. pidanasesuaidenganketentuanperaturan legislation. (2) the Surveyor who do not carry out obligations as stipulated in article 5 paragraph (2) imposed sanctions to repeal designation as executor of technical inspection of imported capital goods is not new. Article 11 (1) of the import Approval that has been issued based on regulation of the Minister of Commerce Number 57/M-DAG/PER/12/2008 about the conditions of the import of capital goods is not new stated remains valid until expired. www.djpp.depkumham.go.id 2009, no. 557 9 (2) If goods imported with the approval of import as referred to in paragraph (1) has not been up to at the time of the import approval expires, then the execution of the imports can be made up to 28 February 2010 with the requirements of the examination has been carried out by a Surveyor before December 31, 2009 which is proved by a Certificate of Inspection. (3) Provisions regarding the issuance of import approval of capital goods is not assigned to the new BP Region BBK as set forth in the regulations of the Minister of Commerce No. 12/M-DAG/PER/3/2009, stated remains valid and its implementation refers to the regulation of the Minister. Article 12 the appointment as Surveyor who had been issued on the basis of a decision of the Minister of industry and trade Number 492/MPP/Kep/7/2004 on the appointment of Surveyors As Implementing Survey Over the import of capital goods is not new still remains valid for a period of thirty (30) days from the date of the determination of the Ministerial Regulation. Article 13 this Regulation comes into force on January 1, 2010 and ends on December 31, 2010. In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with Established in Jakarta on December 22, 2009, the INDONESIAN MINISTER of TRADE MARI ELKA PANGESTU Enacted in Jakarta on December 31, 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR www.djpp.depkumham.go.id