Trade Minister Regulation Number 28/m-Dag/per/6/2014 2014

Original Language Title: Peraturan Menteri Perdagangan Nomor 28/M-DAG/PER/6/2014 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51dece43e0987d313233383434.html

BN 712-2014. doc REPUBLIC INDONESIA No. 712, 2014 KEMENDAG. Alloy Steel. Import. Settings. REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA NUMBER 28/M-DAG/PER/6/2014 REGARDING the CONDITIONS of IMPORT of ALLOY STEEL with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that in order fulfillment needs of alloy steel in the country, the national steel industry development, and create a healthy business competition, the need to regulate the conditions of imports of alloy steel; b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of trade of alloy steel Import Conditions; Remember: 1. 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); 2. 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); 2014 www.djpp.kemenkumham.go.id, no. 712 2 3. 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); 4. Law number 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); 5. 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); 6. 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); 7. 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); 8. Act No. 3 2014 about Industry (Gazette of the Republic of Indonesia number 4 by 2014, an additional Sheet of the Republic of Indonesia Number 5492); 9 Act No. 7 2014 about trading (Gazette of the Republic of Indonesia Number 45 by 2014, an additional Sheet of the Republic of Indonesia Number 5512); 10. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II as amended several times with the last Presidential Decree Number 8 p by 2014; 11. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended several times the last presidential Regulation No. 13 by 2014; 2014 www.djpp.kemenkumham.go.id, no. 712 3 12. 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 14 by 2014; 13. Minister of Trade Regulation Number 28/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; 14. Regulation of the Minister of Commerce Number 54/M-DAG/PER/9/2009 on the General provisions in the field of Import; 15. 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; 16. Regulation of the Minister of finance Number 213/FMD. 011/2011 about the determination of the classification system of the goods and the incoming customs tariff Imposition Upon imported goods as amended by regulation of the Minister of finance Number 133/FMD. 011/2013; 17. Regulation of the Minister of Commerce Number 27/M-DAG/PER/5/2012 about the Provision Number Identifier Importer (API) as amended several times with the Trade Minister Regulation Number 84/M-DAG/PER/12/2012; Decide: Define: TRADE MINISTER REGULATION ABOUT The CONDITIONS Of IMPORT Of STEEL Alloys. Article 1 In this ministerial regulation is: 1. Alloy steel is a product of smelting steel that contains one or more elements of the material is alloy. 2. Import of goods to enter the activity is in the area of customs. 2014 www.djpp.kemenkumham.go.id, no. 712 4 3. Manufacturers of alloy steel importers, hereinafter called IP-alloy steel is a company that has had a business license or business permit other industries that import alloy steel for the purposes of the production process or to be used as the supporter of the purposes of his business activity or production process. 4. A registered importer of alloy steel, hereinafter called IT-alloy steel is a company that already has a business license to import products alloy steel to be channelled to the company the manufacturer or end user. 5. Approval of Import is an import permit alloy steel. 6. Verification or inspection activities is technical Search technical top imported products made by surveyors. 7. The Surveyor is a company survey that got the authorization to conduct the search or verification of technical product imports. 8. the Minister is the Minister of the organizing Affairs of the Government in the field of trade. 9. The Director General is the Director General of foreign trade, Ministry of Commerce. 10. the Director-General of BIM is the Director General of the Manufacturing Industry Base, the Ministry of industry. Article 2 alloy steel imports that are set in the regulations the Minister is as listed in the annex which is an integral part of part of the regulation of the Minister. Article 3 (1) alloy steel as stipulated in article 2 can only be imported by companies that have received recognition as IP-alloy steel or determination as IT-alloy steel from the Minister. (2) the Minister authorizes the publication bestows recognition as IP-alloy steel and determination as IT-alloy steel as referred to in paragraph (1) to the Director General. Article 4 (1) to obtain recognition as IP-alloy steel as stipulated in article 3 paragraph (1), the company must apply in writing to the Director-General, attaching the following documents: www.djpp.kemenkumham.go.id 2014, no. 712 5 a. establishment of the company certificate, along with a photocopy of the change; b. photocopy of business license (IUI) or similar business license of the authorized technical agencies; c. photocopying Sign companies list (TDP); d. Tax Payer Number photocopy (NPWP); e. a photocopy of the importer Identification Number Manufacturer (API-P); f. photocopying Customs identification numbers (NIK); g. legal affidavit simply States that the imported alloy steel in accordance with alloy steel mill is listed in the certificate; h. plan of Import goods (RIB) within one (1) year which covers the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and the number of ports per purpose; and i. consideration of technical director-BIM that contains information about the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and the number of per port of destination. (2) upon a written application referred to in subsection (1), the Director General of publishing IP-recognition as alloy steel 5 (five) business days counted since the petition received complete and correct. (3) recognition as IP-alloy steel as referred to in paragraph (2) is valid for 1 (one) year. Article 5 recognition as IP-alloy steel as referred to in article 4 paragraph (2) contains the least amount of information about the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and the number of per port of destination. Article 6 (1) be valid IP-recognition as alloy steel as referred to in article 4 paragraph (3) may be the most extended longer than 30 (thirty) days. (2) to obtain recognition as a valid extension of IP-alloy steel referred to subsection (1), IP-alloy steel must apply in writing to the Director General by attaching the following documents: a. the original IP-recognition as a valid alloy steel; and b. an original Card Full realization of import. www.djpp.kemenkumham.go.id


2014, no. 712 6 (3) on written application referred to in subsection (2), the Director-General to publish the extension of the validity period of recognition as IP-alloy steel 5 (five) business days counted since the petition received complete and correct. Article 7 (1) IP-alloy steel can apply changes to recognition as IP-alloy steel as referred to in article 4 paragraph (2). (2) change the IP-recognition as alloy steel can be done in case there are changes regarding: a. documents as referred to in article 4 paragraph (1) letter a to letter f; and/or b. types of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and/or number of ports per destination. (3) to obtain recognition as a IP-change alloy steel as referred to in paragraph (2) letter a, IP-alloy steel must apply in writing to the Director General. (4) to obtain recognition as a IP-change alloy steel as referred to in paragraph (2) letter b, IP-alloy steel must apply in writing to the Director-General after getting a technicality of the Director-General of BIM. (5) upon a written application referred to in subsection (3) and subsection (4), the Director-General to publish the change of recognition as IP-alloy steel 5 (five) business days counted since the petition received complete and correct. Article 8 (1) to obtain designation as IT-alloy steel as stipulated in article 3 paragraph (1), the company must apply in writing to the Director General by attaching the following documents: a. the company certificate, along with a photocopy of the change; b. photocopy of Business License (SIUP) Trade or business license technical agencies of similar authorities; c. photocopying Sign companies list (TDP); d. Tax Payer Number photocopy (NPWP); e. photocopies of Identification Number General importers (API-U) that lists section (section) XV; 2014 www.djpp.kemenkumham.go.id, no. 712 7 f. photocopying Customs identification numbers (NIK); g. evidence of mastery of the warehouse/storage space according to the characteristics of the product; h. evidence of mastery of the means of transport in accordance with the characteristics of the product; and i. legal statement simply that States have no affiliation or ownership of relationships with other companies that engaged in the alloy steel. (2) upon a written application referred to in subsection (1) the Director-General to publish the designation as IT-alloy steel 5 (five) business days counted since the petition received complete and correct. (3) the assignment as IT-alloy steel as referred to in paragraph (2) is valid until the expiry of this regulation of the Minister. Article 9 (1) every implementation of alloy steel imported by IT-alloy steel mandatory Import approval from the Minister. (2) the Minister authorizes the issuance of Import approval of the grant referred to in subsection (1) to the Director General. Article 10 (1) for approval of import as referred to in article 9 paragraph (1), IT-alloy steel must apply in writing to the Director General by attaching the following documents: a. photocopying as assignment IT-alloy steel; b. a photocopy of the sales contract between the owner of alloy steel IT-company with alloy steel producers with the original sales contract indicates alloy steel; c. legal affidavit simply States that the imported alloy steel in accordance with alloy steel mill is listed in the certificate; d. the plan Import goods (RIB) in 6 (six) months that includes the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and the number of ports per purpose; and e. a technical consideration from the Director General of BIM which contains information about the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and the number of per port of destination. 2014 www.djpp.kemenkumham.go.id, no. 712 8 (2) on the written application referred to as referred to in paragraph (1), the Director-General to publish the approval of import of more than 5 (five) business days counted since the petition received complete and correct. (3) approval of Import as referred to in subsection (2) applies for 6 (six) months from the date of publication. Article 11 approval of Import as referred to in article 10 paragraph (2) contains the least amount of information about the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and the number of per port of destination. Article 12 (1) the expiration of the import Approval as referred to in article 10 paragraph (3) may be the most extended longer than 30 (thirty) days. (2) to obtain an extension of the validity period approval of Import as referred to subsection (1), IT-alloy steel must apply in writing to the Director General by attaching the following documents: a. the original Import Approval is still valid; and b. an original Card Full realization of import. (3) upon a written application referred to in subsection (2), the Director-General to publish the extension of validity period approval of import of more than 5 (five) business days counted since the petition received complete and correct. Article 13 (1) IT-alloy steel can apply changes to the import Approval as referred to in article 10 paragraph (2). (2) change the import Approval can be done in case there are changes regarding the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, and/or number of ports per destination. (3) to obtain Import Approval, change IT-alloy steel must apply in writing to the Director-General after getting a technicality of the Director-General of BIM. (4) upon a written application referred to in subsection (3), the Director-General to publish the changes to the import Approval more than 5 (five) business days counted since the petition received complete and correct. 2014 www.djpp.kemenkumham.go.id, no. 712 9 Article 14 (1) IP-alloy steel can only import alloy steel for the purposes of the production process or to be used as the supporter of the purposes of the production process or its business activities and banned trade and/or memindahtangankan to the other party. (2) IT-alloy steel can only trade and/or an alloy steel memindahtangankan diimpornya to the manufacturer in accordance with the sales contract as referred to in article 10 paragraph (1) letter b. Article 15 the Directorate General of foreign trade of the Ministry of trade and/or Manufacturing Industry Base Directorate of the Ministry of industry if necessary can perform the examination field in the framework of the monitoring and evaluation of recognition as IP-alloy steel and determination as IT-alloy steel. Article 16 (1) every implementation of import Steel Alloy by IP-alloy steel and alloy steel-IT must first do a search or verification of the technical import in the country of unloading of the goods. (2) implementation of verification or technical search imports as referred to in subsection (1) done by a Surveyor assigned by the Minister. Article 17 the Surveyor who wants to earn the designation as executor or technical search import verification referred to in article 16 paragraph (2) must meet the following requirements: a. have a business license Services Survey (SIUJS); b. experience as surveyor 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. 2014 www.djpp.kemenkumham.go.id, no. 712 10 Article 18 (1) the search or Verification of technical imports referred to in article 16 paragraph (1) committed against imports of alloy steel, which include data or information on: a. the country of origin; b. State of load and port of unloading; c. Post Tariff/description of the goods and the HS; d. types; e. amount per port of destination; f. time of shipment; and g. the compliance of imported alloy steel with alloy steel mill is listed in the certificate. (2) the results of a search or technical verification of import as referred to in subsection (1) is 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. (3) the implementation of the verification or technical search imports as referred to in paragraph (1), surveyors picked up in Exchange for the service of IP-alloy steel and alloy steel are IT-the adjustment is determined by observing the principle of benefits. Article 19 verification Activities or technical search imports by Surveyors did not diminish the authority of the Directorate General of customs, Ministry of finance to conduct the examination of customs. Article 20 (1) IP-alloy steel and alloy steel-IT is obligated to submit a report in writing the implementation of import Steel Alloy by attaching the scan Card Full realization of import that has been diparaf and stamped by officers of the Directorate General of customs and Excise. (2) the report referred to in subsection (1) is submitted every three (3) months through http://inatrade.kemendag.go.id at least 15 (fifteen) months in the first quarter next to the Director General. Article 21 the Surveyor referred to in article 16 paragraph (2) is obligated to deliver a written report on the implementation of the verification or technical search import alloy steel to the Director-General every month at least 15 (fifteen) months. www.djpp.kemenkumham.go.id


2014, no. 712 11 section 22 of the IP-recognition as alloy steel and determination as IT-alloy steel are frozen when the company: a. do not carry out obligations submit a report in writing as referred to in article 20 as much as 3 (three) times; and/or b. There is suspected of doing the crime associated with the misuse of IP-recognition as alloy steel, designation as an IT-alloy steel, and/or Import Approval. Article 23 Freezing the document recognition as IP-alloy steel and determination as IT-alloy steel as stipulated in article 22 could be reactivated if the company: a. has been held back any duty submit a report in writing as referred to in article 8 within 2 (two) months after frozen; and/or b. found not guilty based on court rulings that have the force of law remains of alleged conduct criminal acts relating to the misuse of IP-recognition as alloy steel, designation as an IT-alloy steel, and/or Import Approval. Article 24 recognition as IP-alloy steel and determination as IT-alloy steel revoked if: a. the company violate the provisions as referred to in article 14 paragraph (1), to IP-alloy steel; b. violate the provisions as referred to in article 14 paragraph (2), for IT-alloy steel; c. do not carry out obligations the report in writing as referred to in article 8 within 2 (two) months after hit by the freezing of sanctions referred to in Article 22; d. alter, add to, and/or alter the contents listed in document recognition as IP-alloy steel, designation as an IT-alloy steel, and/or approval of imports; e. delivering the data and/or information which is not correct in the petition for recognition as IP-alloy steel, designation as an IT-alloy steel, and/or approval of imports; 2014 www.djpp.kemenkumham.go.id, no. 712 12 f. import alloy steel types do not fit and/or amount exceeding that indicated in the import document alloy steel; and/or g. was convicted based on a court decision that has the force of law remain the top crime relating to the abuse of IP-recognition as alloy steel, designation as an IT-alloy steel, and/or Import Approval. Article 25 the clotting, reactivation, and revocation of the recognition of IP as-alloy steel and determination as IT-alloy steel as stipulated in article 22, article 23, and article 24 is designated by the Director General. Article 26 (1) the determination as Surveyors or technical search verification implementation of import Steel Alloys stripped of Surveyor if: a. the offender in the implementation of the activities of verification or technical search import alloy steel; and/or b. did not meet the terms of the obligation of submission of a written report referred to in Article 21 by as much as 2 (two) times. (2) revocation of designation as implementing Surveyor Search technical verification or alloy steel imports as referred to in subsection (1) is designated by the Minister. Article 27 (1) companies that do not import alloy steel in accordance with the provisions in the regulations the Minister is penalized in accordance with the provisions of the legislation. (2) no imported alloy steel in accordance with the provisions in the regulations of the Minister must be dire-export at the expense of the importer. Article 28 (1) the provisions of this regulation of the Minister does not apply against the alloy steel from outside the customs area entered into a free trade area and free port, as well as Hoarding of bonded. (2) origin of the alloy steel imports were excluded from the free trade area and free port, as well as Hoarding Bonded to another place in the area of customs applies the provisions of this regulation of the Minister. 2014 www.djpp.kemenkumham.go.id, no. 712 13 (3) origin of the alloy steel imports as referred to in paragraph (2) to do a search or verification of imported technical advance by Surveyors in the area and the place where the goods in question. Article 29 verification Provisions or technical search imports referred to in article 16 paragraph (1) does not apply to alloy steel imported by: a. the IP-alloy steel in the field of the automotive industry and its components, industrial electronics and components, industrial shipyard and its components as well as large industrial tools and its components; b. IP-alloy steel as an industrial user (user) that has the Industry Verification Certificate (SKVI) through the facilities of User Specific Duty Free Scheme (USDFS) or facilities of other schemes that have been established by the Minister of Finance on the basis of international treaties (bilateral/regional/multilateral) involving the Government of Republic of Indonesia which contains provisions regarding the import of alloy steel; and/or c. IP-alloy steel that has a Certificate Verification industry (SKVI) through import duties borne by Government (BM-DTP). Article 30 the provisions of ministerial regulation does not apply against imports of alloy steel which is: a. convenience items the Government and other State Institutions; b. convenience items for research and technological development; c. relief items and engineering assistance projects based on Government Regulation number 19 1955 regarding the regulation of the exemption from import duties And Customs General for the purposes of The Exited-The officials and Experts of the Gentiles; d. examples of goods not to be traded; e. convenience items for the benefit of natural disasters; and/or f. export goods are rejected by the buyer abroad and then imported back with the type and quantity of at most the same as at the time of export. Article 31 Implementing import alloy steel in addition subject to the provisions of the ministerial regulation is also subject to the provisions of other laws and regulations regarding alloy steel. 2014 www.djpp.kemenkumham.go.id, no. 712 of 14 of article 32 (1) the supervision against importation alloy steel done according the provisions of the legislation. (2) the Director General may establish integrated teams composed of representatives of relevant agencies to conduct: a. supervision against importation alloy steel; and/or b. an evaluation of the implementation of the policy of import Steel alloy. Article 33 technical guide the implementation of the regulation of the Minister can be established by the Director General. Article 34 exclusion of provisions set forth in the Ministerial Regulation was enacted by the Minister with regard to the proposal from the relevant agencies. Article 35 this ministerial regulation will take effect thirty (30) days from the date of enactment and ending on December 31, 2016. In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia. Established in Jakarta on June 2, 2014, MINISTER of TRADE of the REPUBLIC of INDONESIA, MUHAMMAD LUTFI Enacted in Jakarta on June 3, 2006 MINISTER OF JUSTICE and HUMAN RIGHTS of REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id