MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 39/M-DAG by noM8ZI4

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               MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA

 REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
                   NUMBER: 27/M-DAG/PER/5/2012

                                        REGARDING

              PROVISIONS ON IMPORTER IDENTIFICATION NUMBER (API)

                     WITH THE BLESSING OF THE ONE ALMIGHTY GOD

               MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering : a.       whereas in order to improve the support capability of foreign trade
                       policy in the field of imports toward national economic development,
                       it is necessary to provide business certainty as well as a more
                       conducive business climate by increasing API supervision and
                       monitoring;

                b.     whereas API constitutes an identification that importers must
                       possess in order to import goods, which is used by the government
                       as an instrument to regulate orderly importation for the purpose of
                       implementing the foreign trade policy in the field of imports;

                c.     whereas the existing regulation regarding API in its implementation
                       cannot optimize API’s function in improving its support capability of
                       foreign trade policy;

                d.     whereas based on the consideration as intended in point a, point b,
                       and point c, it is necessary to re-regulate the provisions regarding
                       API;

                e.     whereas based on the consideration as intended in point a, point b,
                       point c, and point d, it is necessary to stipulate a Minister of Trade
                       regulation;

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

                2.     Law Number 3 of 1982 regarding Mandatory Company Register
                       (State Gazette of the Republic of Indonesia of 1982 Number 7,
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     Supplement to State Gazette of the Republic of Indonesia Number
     3214);

3.   Law Number 5 of 1984 regarding Industry (State Gazette of the
     Republic of Indonesia of 1984 Number 22, Supplement to State
     Gazette of the Republic of Indonesia Number 3274);

4.   Law Number 7 of 1994 regarding Ratification of Agreement on the
     Establishment of the World Trade Organization (State Gazette of the
     Republic of Indonesia of 1994 Number 57, Supplement to State
     Gazette of the Republic of Indonesia Number 3564);

5.   Law Number 10 of 1995 regarding Customs (State Gazette of the
     Republic of Indonesia of 1995 Number 75 Supplement to State
     Gazette of the Republic of Indonesia Number 3612) as amended by
     Law Number 17 of 2006 (State Gazette of the Republic of Indonesia
     of 2006 Number 93, Supplement to State Gazette of the Republic of
     Indonesia Number 4661);

6.   Law Number 5 of 1999 regarding Prohibition on Monopoly Practices
     and Unfair Business Competition (State Gazette of the Republic of
     Indonesia of 1999 Number 33, Supplement to State Gazette of the
     Republic of Indonesia Number 3817);

7.   Law Number 36 of 2000 regarding the stipulation of Government
     Regulation in Lieu of Law Number 1 of 2000 regarding Free Trade
     Area and Free Port Facility to become Law (State Gazette of the
     Republic of Indonesia of 2000 Number 251, Supplement to State
     Gazette of the Republic of Indonesia Number 4053) as amended by
     Law Number 44 of 2007 (State Gazette of the Republic of Indonesia
     of 2007 Number 130, Supplement to State Gazette of the Republic
     of Indonesia Number 4775);

8.   Law Number 32 of 2004 regarding Regional Administration (State
     Gazette of the Republic of Indonesia of 1999 Number 60,
     Supplement to State Gazette of the Republic of Indonesia Number
     3839) as amended by Law Number 8 of 2005 (State Gazette of the
     Republic of Indonesia of 2005 Number 108, Supplement to State
     Gazette of the Republic of Indonesia Number 4548);

9.   Law Number 25 of 2007 regarding Capital Investment (State
     Gazette of the Republic of Indonesia of 2007 Number 67,
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      Supplement to State Gazette of the Republic of Indonesia Number
      4724);

10.   Law Number 40 of 2007 regarding Limited Liability Companies
      (State Gazette of the Republic of Indonesia of 2007 Number 106,
      Supplement to State Gazette of the Republic of Indonesia Number
      4756);

11.   Law Number 39 of 2008 regarding State Ministries (State Gazette of
      the Republic of Indonesia of 2008 Number 166, Supplement to State
      Gazette of the Republic of Indonesia Number 4916);

12.   Government Regulation Number 38 of 2007 regarding the
      Distribution of Governance Affairs among the Government, the
      Provincial Government, and the Regency/City Government (State
      Gazette of the Republic of Indonesia Number 82 of 2007,
      Supplement to the State Gazette of the Republic of Indonesia
      Number 4737);

13.   Government Regulation Number 46 of 2007 regarding Free Trade
      Area and Free Port Facility of Batam (State Gazette of the Republic
      of Indonesia of 2007 Number 107, Supplement to the State Gazette
      of the Republic of Indonesia Number 4757);

14.   Government Regulation Number 47 of 2007 regarding Free Trade
      Area and Free Port Facility of Bintan (State Gazette of the Republic
      of Indonesia of 2007 Number 108, Supplement to the State Gazette
      of the Republic of Indonesia Number 4758);

15.   Government Regulation Number 48 of 2007 regarding Free Trade
      Area and Free Port Facility of Karimun (State Gazette of the
      Republic of Indonesia of 2007 Number 109, Supplement to the State
      Gazette of the Republic of Indonesia Number 4759);

16.   Presidential Decree Number 260 of 1967 regarding Confirmation on
      the Duty and Responsibility of the Minister of Trade in the Field of
      Foreign Trade;

17.   Presidential Regulation Number 27 of 2009 regarding One Stop
      Integrated Service in the Investment Field;
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          18.   Presidential Decree Number 84/P of 2009 regarding the Formation
                of the United Indonesia Cabinet II as amended by Presidential
                Decree Number 59/P of 2011;

          19.   Presidential Regulation Number 47 of 2009 regarding the Formation
                and Organization of Ministries Organization as amended several
                times, lastly by Presidential Regulation Number 91 of 2011;

          20.   Presidential Regulation Number 24 of 2010 regarding the Capacity,
                Duty, and Function of the State Ministries and Organizational
                Structure, Duty, and Function of Echelon I of the State Ministries as
                amended several times, lastly by Presidential Regulation Number 91
                of 2011 ;

          21.   Minister of Trade Regulation Number 28/M-DAG/PER/6/2009
                regarding Provisions on Export and Import Licensing Services by
                Electronic System through INATRADE in the Framework of
                Indonesia National Single Window;

          22.   Minister of Trade Regulation Number 54/M-DAG/PER/10/2009
                regarding General Provisions in the Field of Import;

          23.   Minister of Trade Regulation Number 31/M-DAG/PER/7/2010
                regarding Organization and Operation of the Ministry of Trade;

          24.   Minister of Trade Regulation Number 188/PMK.04/2010 regarding
                Import of Goods Carried by Passengers, Crew of Carrier, Border
                Crossing and Delivery Goods;

          25.   Minister of Trade Regulation Number 213/PMK.011/ 2011 regarding
                Stipulation of Goods Classification System and Imposition of Import
                Duty Tariff on Imported Goods;

                                HAS DECIDED:

To Stipulate: MINISTER OF TRADE REGULATION REGARDING PROVISIONS ON
              API.

                                            Article 1

          In this Ministerial Regulation what is intended by:
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1.    Importation shall be an activity of importing goods into the
      Indonesian customs area.

2.    Importer Identification Number, hereinafter abbreviated as API, shall
      be identification as an importer.

3.    Importer shall be an individual or a business entity in the form of a
      legal entity or a non-legal entity that conducts importation.

4.    Market Test shall be activities to sell certain industrial goods
      imported by Producers, which are not able to be produced by the
      Producers themselves, for the purpose of obtaining the market
      reaction and to be used for developing business activity.

5.    Complementary Goods shall be certain industrial goods, relating to
      the industrial business licenses, imported by the importer producer
      originating from and produced by a company overseas which has a
      special relationship with the importer.

6.    Special relationship shall be a relationship between a company
      holding an API-P and a company located overseas whereby one
      party has the capability to control another party or has significant
      influence upon another party in making financial and operational
      decisions in accordance with applicable accounting standards.

7.    Capital Investment shall be any form of capital investment activities
      by both domestic and foreign investors to do business within the
      territory of the Republic of Indonesia.

8.    Domestic Capital Investment shall be capital investment activities to
      do business within the territory of the Republic of Indonesia carried
      out by domestic investors by using domestic capital.

9.    Foreign Capital Investment shall be capital investment activities to
      do business within the territory of the Republic of Indonesia carried
      out by foreign investors, both through a wholly foreign capital
      investment and through a joint venture with a domestic investor.

10.   Minister shall be the minister organizing government affairs in the
      field of trade.

11.   Director General shall be a Director General of Foreign Trade of the
      Ministry of Trade.
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12.   Provincial Service Office shall be a service office whose duty and
      responsibility are in the field of trade in a province.

13.   Regency/City Service Office shall be a service office whose duty
      and responsibility are in the field of trade in a regency/city.

14.   Free Trade Area and Free Port Facility Council hereinafter referred
      to as the Council shall be the Free Trade Area and Free Port Facility
      Council of Batam, Bintan and Karimun.

15.   Free Trade Area and Free Port Facility Management Agency,
      hereinafter referred to as the Management Agency shall be the Free
      Trade Area and Free Port Facility Management Agency of Batam,
      Bintan and Karimun.

                                  Article 2

Importation shall only be conducted by an importer having an API.

                                  Article 3

An API as intended in Article 2 shall consist of:
a.     General API (API-U); and
b.     Producer API (API-P).

                                  Article 4

(1)    API-U as intended in Article 3 point a shall be granted only to
       companies importing certain goods for trading purposes.
(2)    Importation of certain goods as intended in paragraph (1) shall
       apply only to groups/ types of goods included in 1 (one) section as
       specified under the Goods Classification System based on the
       prevailing laws and regulations.
(3)    Groups/types of goods as intended in paragraph (2) are specified
       in the API-U granted to each company.
(4)    The section within the Goods Classification System as intended in
       paragraph (2) is set forth in Annex I that constitutes an integral
       and inseparable part of this Ministerial Regulation.



                                  Article 5
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(1)    API-P as intended in Article 3 point b shall be granted only to
       companies importing goods for their own purposes as capital
       goods, raw materials, supporting materials, and/or for supporting
       the production process.
(2)    The imported goods as intended in paragraph (1) are prohibited
       from being traded or transferred to other parties.

                                Article 6

(1)    Companies holding API-P may import certain industrial goods
       insofar as it is necessary for developing their business and
       investment.
(2)    Certain industrial goods imported as intended in paragraph (1)
       may be traded and/or transferred to other parties.
(3)    Certain Industrial goods as intended in paragraph (1) shall not be
       used in the production process and shall only be used for the
       purpose of market testing and/or used as complementary goods.

                                Article 7

Certain industrial goods imported for the purpose of market testing as
intended in Article 6 paragraph (3) must meet the following criteria:
a.     they cannot be produced by the company holding the API-P; and
b.     they are in accordance with the business license in the field of
       industry or other similar type of business license owned by the
       company holding the API-P.

                                Article 8

(1)    Market testing as intended in Article 6 paragraph (3) shall be
       conducted only for a certain period of time.
(2)    The period of time as intended in paragraph (1) shall be stipulated
       by the respective technical supervising agency based on the
       prevailing laws and regulations.

                                Article 9

Certain industrial goods imported as complementary goods as intended in
Article 6 paragraph (3) must meet the following criteria:
a.      they cannot be produced by the company holding the API-P;
b.      they are in accordance with the business license in the field of
        industry or other similar type of business license owned by the
        company holding the API-P; and
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c.    they are produced by a company overseas having a special
      relationship with the company holding the API-P.

                                Article 10

(1)   Importation of certain industrial goods as intended in Article 6 shall
      only be conducted by a company holding an API-P which is
      already stipulated as an Importer Producer.
(2)   The amount, type, and Tariff Post/HS of certain industrial goods as
      well as the period for importation shall be determined based on a
      recommendation from the technical supervising agency at the
      central government level.

                                Article 11

(1)   In order to obtain a stipulation as an Importer Producer as
      intended in Article 10, a company holding the API-P must submit
      an application in writing to the Minister, represented by the
      Director General, by enclosing the following documents:
      a.      A copy of the business license in the field of industry or
              other similar type of business license issued by the
              competent agency;
      b.      A copy of the Company Registration Certificate (TDP);
      c.      A copy of the Taxpayer Registration Number (NPWP);
      d.      A copy of the API-P;
      e.      A recommendation from the technical supervising agency
              at the central government level which contains, among
              others, the amount, type, and Tariff Post/HS of certain
              industrial goods in accordance with the purpose/objective
              of the allocation of goods and port of destination as well as
              the importation period; and
      f.      A statement letter regarding the willingness to conduct re-
              export, if the certain industrial goods to be imported are not
              in line with the goods stipulated by the Importer Producer,
              the cost of which shall be borne by the concerned importer.
(2)   The Director General, for and on behalf of the Minister, shall issue
      the stipulation as Importer Producer no later than 5 (five) working
      days as of receipt of a complete and correct application.



                                Article 12
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An Importer Producer which imports certain industrial goods for the
purpose of market testing or as complementary goods as intended in
Article 7 and Article 9 shall comply with the provisions of the laws and
regulations.

                                Article 13

(1)    The Director General of Foreign Trade of the Ministry of Trade,
       may conduct a compliance assessment (post audit) to a company
       holding an API-P, if necessary, regarding:
       a.      actual import realization;
       b.      conformity      between     the    imported goods      and
               recommendation from the technical supervising agency at
               the central level; and
       c.      compliance with the laws and regulations in the field of
               importation.
(2)    The assessment as intended in paragraph (1) may be conducted
       by the Director General of Foreign Trade of the Ministry of Trade,
       together with the relevant technical agency.
(3)    Implementing guidelines on the compliance assessment (post
       audit) shall be stipulated by the Director General.

                                Article 14

(1)    Each importer may only have 1 (one) type of API.
(2)    Each API shall be valid for each import activity throughout the
       territory of Indonesia.
(3)    An API shall be valid for the head office and all branch offices
       thereof having the same type of business activity.

                                Article 15

(1)    An API shall be valid insofar as an importer still conducts its
       business activities.
(2)    Importers with an API shall be obligated to re-register to the
       issuing agency every 5 (five) years as of the date of the issuance
       of the API.
(3)    The re-registration as intended in paragraph (2) shall be
       conducted no later than 30 (thirty) working days after such 5 (five)
       year-period.

                                Article 16
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(1)   In conducting the importation, importers with an API shall comply
      with the following provisions:
      a.      The prevailing laws and regulations regarding goods that
              are prohibited to be imported;
      b.      the imported goods must be in new condition, except for
              goods which may be imported in used condition pursuant
              to the Ministerial Regulation; and
      c.      regulations on imports and provisions on verification or
              technical import study regulated under the Ministerial
              Regulation.
(2)   Possession of an API by an importer shall not exempt it from the
      obligations which must be fulfilled by the importer based on the
      prevailing laws and regulations in the field of importation.

                               Article 17

(1)   The authority to issue an API as intended in Article 3 shall be with
      the Minister.
(2)   The Minister may transfer or delegate his authority to issue an API
      to:
      a.     Head of the Capital Investment Coordinating Board
             (BKPM);
      b.     Director General;
      c.     Head of Provincial Service Office; and
      d.     Head of Management Agency.

                               Article 18

(1)   The Minister shall delegate the authority to issue API-U and API-P
      as intended in Article 3 to the Head of the BKPM, for companies
      whose business license is issued by the BKPM.
(2)   The Head of the BKPM may delegate the authority as intended in
      paragraph (1) to echelon 1 in-charge-of capital investment service
      and/or echelon 2 in-charge-of licensing service at the BKPM.
(3)   The issuance of API-U and API-P as intended in paragraph (1)
      shall be signed for and on behalf of the Minister.

                               Article 19

(1)   The Minister shall delegate the authority to issue API-P as
      intended in Article 3 point b, to the Director General, for business
      entities or contractors in the field of energy, oil and gas, minerals
      as well as other natural resources management which undertake
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      business activities based on production sharing contracts with the
      Government of the Republic of Indonesia.
(2)   The issuance of API-P as intended in paragraph (1) shall be
      signed for and on behalf of the Minister.

                               Article 20

(1)   The Minister shall delegate the authority to issue API-U and API-P
      as intended in Article 3 to the Head of the Provincial Service
      Office.
(2)   The issuance of API-U and API-P as intended in paragraph (1)
      shall be for companies other than capital investment companies as
      intended in Article 18 paragraph (1) and companies other than the
      business entities or contractors as intended in Article 19
      paragraph (1).
(3)   The issuance of API-U and API-P as intended in paragraph (1)
      shall be signed for and on behalf of the Minister.
(4)   In the event that the issuance of API-U and API-P as intended in
      paragraph (1) is conducted through One Stop Integrated Service
      or another form of service, the implementation shall be
      coordinated with the Provincial Service Office and the Director
      General of Foreign Trade of the Ministry of Trade, for the
      implementation of the API issuance application program.

                               Article 21

(1)   The Minister shall delegate the authority to issue API as intended
      in Article 3 to the Head of Management Agency for companies,
      business entities or contractors established and domiciled within
      the Free Trade Area and Free Port Facility.
(2)   The provisions regarding the procedures and requirements for an
      API, issuance of an API, import realization reports of companies
      holding the API, changes of API data, and sanctions shall be
      regulated separately by the Head of Council after coordinating with
      the Director General of Foreign Trade and by referring to this
      Ministerial Regulation.
(3)   The delegation of authority as intended in paragraph (1) may be
      revoked partly or entirely by the Minister, in the event that:
      a.      the Management Agency proposes that the authority be
              revoked partly or entirely;
      b.      the Management Agency is considered to be incapable of
              performing the authorities that have been delegated;
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      c.     the Council proposes that the authority be revoked partly or
             entirely; and/or
      d.     the Management Agency does not perform the authority
             due to a change in the Ministerial policy.

                                Article 22

(1)   Companies in the field of capital investment intending to submit an
      application for obtaining an API-U and API-P as intended in Article
      3 must fill out the form as set forth in Annex II that constitutes an
      integral and inseparable part of this Ministerial Regulation to the
      Head of the BKPM, by enclosing the following documents:
      a.      A copy of the Company’s Notarial Deed of Establishment
              and its amendments;
      b.      A copy of the valid certificate of domicile of the company’s
              head office from the local sub-district or a copy of the lease
              agreement of the place of business;
      c.      A copy of the Taxpayer Registration Number (NPWP) in
              accordance with its domicile;
      d.      A copy of the Company Registration Certificate (TDP);
      e.      A copy of the Capital Investment Registration or Principle
              License;
      f.      A copy of the business license in the field of trade or any
              other similar type of business license issued by the head of
              the BKPM, for API-U;
      g.      A copy of the business license in the field of industry or any
              other similar type of business license issued by the head of
              the BKPM, for API-P;
      h.      A copy of the Manpower Utilization Permit (IMTA)/Limited
              Stay Permit Card (KITAS), particularly for expatriates
              signing the API;
      i.      A reference from the Foreign Exchange Bank, for API-U;
      j.      A copy of the Identification Card (KTP) or Passport of the
              Management or Board of Directors; and
      k.      The latest photographs of the Company’s Management or
              Board of Directors with a red background, size 3 x 4 cm, 2
              copies for each person.
(2)   Business entities or contractors in the field of energy, oil and gas,
      minerals as well as other natural resource management
      undertaking business activities based on production sharing
      contracts with the Government of the Republic of Indonesia
      intending to submit an application for obtaining an API-P as
      intended in Article 3 point b, must fill out the form as set forth in
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      Annex III that constitutes an integral and inseparable part of this
      Ministerial Regulation to the Director General in this case to the
      Director of Import, by enclosing the following documents:
      a.     A copy of the Production Sharing Contract with the
             Government or the Executive Board established by the
             Government to control the business activities in the field of
             energy, oil and gas, minerals as well as other natural
             resource management;
      b.     An original recommendation from the Government or
             Executive Board as intended in point a;
      c.     A copy of the Taxpayer Registration Number (NPWP) of
             the business entity or contractor;
      d.     The latest photographs of each personnel in-charge-of the
             contractor’s Production Sharing Contract with a red
             background, size 3 x 4 cm, 2 copies for each person; and
      e.     A copy of the identification/passport of each personnel
             above.
(3)   Companies as categorized in Article 20 paragraph (2) intending to
      submit an application for obtaining an API-U, must fill out the form
      as set forth in Annex IV, that constitutes an integral and
      inseparable part of this Ministerial Regulation, to the Head of the
      Provincial Service Office copied to the Head of the Regency/City
      Service Office, by enclosing the following documents:
      a.     A copy of the Company’s Notarial Deed of Establishment
             and its amendments;
      b.     A copy of the valid certificate of domicile of the company’s
             head office from the local sub-district or a copy of the lease
             agreement of the place of business with the management
             or the owner of the building;
      c.     A copy of the Trade Business License (SIUP) or any other
             similar type of business license issued by the technical
             agency/institution which has authority in the field of trade or
             capital investment;
      d.     A copy of the Company Registration Certificate (TDP);
      e.     A copy of the Taxpayer Registration Number (NPWP) of
             the Company or individual and the Company’s Person-in-
             Charge;
      f.     A reference from a Foreign Exchange Bank;
      g.     A copy of the Identification Card (KTP) or Passport of the
             Company’s Management or Board of Directors; and
      h.     the latest photographs of the Company’s Management or
             Board of Directors with a red background, size 3 x 4 cm, 2
             copies for each person.
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(4)   Companies as categorized in Article 20 paragraph (2) intending to
      submit an application for obtaining an API-P, must fill out the form
      as set forth in Annex V, that constitutes an integral and
      inseparable part of this Ministerial Regulation, to the Head of the
      Provincial Service Office copied to the Head of the Regency/City
      Service Office, by enclosing the following documents:
      a.     A copy of the Company’s Notarial Deed of Establishment
             and its amendments;
      b.     A copy of the valid certificate of domicile of the company’s
             head office from the local sub-district or a copy of the lease
             agreement of the place of business;
      c.     A copy of the business license in the field of industry or any
             other similar type of business license issued by the
             competent technical agency/institution;
      d.     A copy of the Taxpayer Registration Number (NPWP) of
             the Company or individual and the company’s person-in-
             charge in accordance with their domicile;
      e.     A copy of the Company Registration Certificate (TDP);
      f.     A copy of the Identification Card (KTP) or Passport of the
             Company’s Management or Board of Director; and
      g.     the latest photographs of the Company’s Management or
             Board of Directors with a red background, size 3 x 4 cm, 2
             copies for each person.
(5)   The application and/or copy as intended in paragraph (1),
      paragraph (2), paragraph (3) and paragraph (4) may be submitted
      by way of:
      a.     website http://inatrade.kemendag.go.id;
      b.     courier service; or
      c.     hand delivered to the Head of the BKPM, Director General
             in this case the Director of Import, Head of Provincial
             Service Office, Head of Regency/City Service Office
             and/or Head of Provincial Regional Capital Investment
             (Kepala Perangkat Daerah Provinsi Bidang Penanaman
             Modal or PDPPM) where the company is domiciled.

                               Article 23

(1)   The Head of the BKPM may grant or reject the issuance of an API-
      U and API-P as intended in Article 22 paragraph (1).
(2)   Further provisions on the issuance or rejection of an API-U and
      API-P as intended in paragraph (1) shall be regulated by the Head
      of the BKPM.
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                                Article 24

(1)   The Director General shall issue the API-P no later than 5 (five)
      working days as of receipt of a complete and correct application as
      intended in Article 22 paragraph (2).
(2)   In the event that the API-P application as intended in Article 22
      paragraph (2) is incomplete and incorrect, the Director General
      shall convey an application rejection letter to the applicant no later
      than 7 (seven) working days as of receipt of such application along
      with the reason for the rejection.

                                Article 25

(1)   The Head of Regency/City Service Office, based on the copy of
      the API application as intended in Article 22 paragraph (3) and
      paragraph (4) shall conduct a field inspection no later than 3
      (three) working days as of receipt of the copy of the API
      application.
(2)   In the event that the inspection as intended in paragraph (1)
      cannot be completed on time, the Head of the Provincial Service
      Office may conduct a field inspection which shall be completed no
      later than 7 (seven) working days as of receipt of such application.
(3)   The result of the inspection as intended in paragraph (1) shall be
      stated in the Project Inspection Minutes (BAP).
(4)   The Head of the Regency/City Service Office shall submit the BAP
      as intended in paragraph (3) to the Head of the Provincial Service
      Office no later than 2 (two) working days as of the signing date of
      the BAP.

                                Article 26

(1)   The Head of the Provincial Service Office shall grant the API-U
      and API-P as intended in Article 22 paragraph (3) and paragraph
      (4) no later than 5 (five) working days as of receipt of a complete
      and accurate BAP as intended in Article 25 paragraph (3).
(2)   The Head of the Provincial Service Office shall copy the API-U
      and API-P as intended in paragraph (1) to the Director of Import
      and the Head of Regency/City Service Office as the authority that
      grants the BAP.
(3)   In the event that the applications for an API-U and API-P as
      intended in Article 22 paragraph (3) and paragraph (4) are
      incomplete and incorrect, the Head of the Provincial Service Office
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      shall convey an application rejection letter to the applicant no later
      than 7 (seven) working days as of receipt of the BAP copied to the
      Head of Regency/City Service Office as the authority that provides
      the BAP along with the reason for rejection.

                                Article 27

(1)   API-U and API-P forms as intended in Article 3 are set forth in
      Annex VI, Annex VII, Annex VIII, Annex IX, Annex X which
      constitute an integral and inseparable part of this Ministerial
      Regulation.
(2)   An API-U shall appear in a light blue color and an API-P shall
      appear in a light green color with the logo of the Ministry of Trade.

                                Article 28

(1)   Each API-U and API-P issued shall be given numbers consisting
      of 9 (nine) digits followed by letter B, letter D, or letter P.
(2)   The 9 (nine) digits as intended in paragraph (1) shall consist of:
      a.      the first 2 (two) digits are for the provincial code number as
              intended in Annex XI that constitutes an integral and
              inseparable part of this Ministerial Regulation;
      b.      the next 2 (two) digits are for the regency/city code number
              in accordance with the code number stipulated in the
              relevant province;
      c.      the 5 (five) last digits are the serial number of the API
              issued; and
      d.      the letter B is for API-U and API-P issued by the head of
              BKPM, the letter D is for API-P issued by the Director
              General, or letter P for API-U and API-P issued by the
              Head of Provincial Service Office.
(3)   In the event of any change to the number of areas resulting in the
      change of the provincial code number and regency/city code
      number, the new code number shall be stipulated by the Director
      General.
(4)   Samples of the Provincial code numbering, Regency/City code
      numbering are set forth in Annex XII which constitutes an integral
      and inseparable part of this Ministerial Regulation.

                                Article 29

(1)   A company holding the API-P that has been stipulated as Importer
      Producer as intended in Article 10 paragraph (1) is obligated to
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       report on whether or not its importation is realized, once every 3
       (three) months to the Director General.
(2)    A company holding an API-U or API-P as intended in Article 22
       paragraph (1) is obligated to report on whether or not its
       importation is realized, once every 3 (three) months to the Head of
       the BKPM.
(3)    A company holding an API-P as intended in Article 22 paragraph
       (2) is obligated to report on whether or not its importation is
       realized, once every 3 (three) months to the Director General.
(4)    A company holding an API-U or API-P as intended in Article 22
       paragraph (3) and paragraph (4) is obligated to report on whether
       or not its importation is realized, once every 3 (three) months to
       the Head of the Provincial Service Office copied to the Head of
       Regency/City Service Office where the company is domiciled.
(5)    The Head of the BKPM, the Head of Provincial Service Office, and
       the Head of the Management Agency shall submit periodical
       reports on recapitulation of the import realization of each company
       holding an API-U and API-P once every 3 (three) months to the
       Minister.

                                Article 30

The Head of the BKPM, the Head of Provincial Service Office and the
Head of each Management Agency shall submit periodic reports on the
recapitulation of API-U and API-P issuances, once every 3 (three) months
to the Minister.

                                Article 31

(1)    Companies holding API-U or API-P are obligated to report on any
       changes related to the API-U or API-P data no later than 30 (thirty)
       days as of the occurrence of any such change to the agency
       issuing the API, copied to the Director of Import and the Head of
       Service Office of Regent/City where the company is domiciled.
(2)    Change of data as intended in paragraph (1) shall consist of:
       a.     change of the entity form, composition of the
              management/board of directors, company’s name and
              address as well as the Trade Business License (SIUP)
              Number or Business License Number from the relevant
              agency, Company Registration Certificate Number (TDP)
              Number, Taxpayer Registration Number (NPWP) and/or
              Certificate of Domicile Number, for a company holding an
              API-U; or
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       b.      change of the entity form, composition of the
               management/board of directors, company’s name and
               address as well as the Industrial Business License (IUI)
               Number or Business License Number from the relevant
               agency, Company Registration Certificate Number (TDP)
               Number, Taxpayer Registration Number (NPWP) and/or
               Certificate of Domicile Number, for a company holding an
               API-P.
(3)    Whenever the above changes occur as referred to in paragraph
       (1), companies holding an API-U or API-P are obligated to submit
       an application for the change of the API-U or API-P by using the
       form attached as Annex XIII that constitutes an inseparable part of
       this Ministerial Regulation by enclosing:
       a.      the amended document as referred to in paragraph (2);
       b.      the requirements as mentioned in Article 22; and
       c.      the previous original API-U or API-P.
(4)    The issuing agency shall issue the amended API-U or API-P no
       later than 3 (three) working days as of receipt of a complete and
       correct application as intended in paragraph (3).

                                Article 32

Importation without an API can be conducted for the following products:
a.     temporarily imported products;
b.     promotional products;
c.     products for the needs of research and scientific development;
d.     shipment products;
e.     products for grant, gift or granting for public worship, charity,
       social, cultural or for the interest of handling natural disasters;
f.     products described as pharmaceuticals and health equipment
       using the government budget;
g.     exported products for the needs of repair and examination that are
       re-imported in the maximum amount that is equal to the amount at
       the time of export in accordance with the Export Declaration
       (PEB);
h.     exported products rejected by the overseas buyers which are then
       re-imported in the maximum amount in accordance with the PEB;
i.     sample products that are not for sale;
j.     products for the needs of government institutions/other
       government agencies imported by such government institutions/
       other government agencies themselves;
k.     goods of foreign national representatives as well as their officials
       who serve in Indonesia;
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l.     products for the needs of international agencies including their
       officials who serve in Indonesia; and
m.     shipments of household goods and personal effects.

                                  Article 33

(1)    Importation without an API as intended in Article 32 shall only be
       conducted after obtaining an import approval from the Director of
       Import of the Ministry of Trade.
(2)    The importation without an API for products referred to in Article
       32 point k, point l and point m, shall not require any import
       approval.

                                  Article 34

A company holding an API or a company having obtained an import
approval without an API shall be fully responsible for import
implementation in accordance with the API or the import approval.

                                  Article 35

An API shall be suspended in the event the company holding the API
and/or the Management/Board of Directors of the company holding the
API:
a.     fails to re-register as stipulated in Article 15 paragraph (2);
b.     fails to fulfill its obligations as stipulated in Article 29; or
c.     fails to fulfill its obligations as stipulated in Article 31.

                                  Article 36

The suspended API as mentioned in Article 35 shall be re-activated in the
event the company holding the API:
a.     has fulfilled its obligations as stipulated in Article 15 paragraph (2);
b.     has fulfilled its obligations as stipulated in Article 29; or
c.     has fulfilled its obligations as stipulated in Article 31.

                                  Article 37

The API shall be revoked if the company holding the API and and/or the
Management/Board of Directors of the company holding the API:
a.    has previously received two API suspensions;
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                                                                Page 20 of 23

b.    fails to fulfill its re-registration obligation as stipulated in Article 15
      paragraph (2) no later than 30 (thirty) days as of the suspension
      date;
c.    fails to fulfill the reporting obligation as stipulated in Article 29 or
      fails to fulfill the obligation of reporting the change of data as
      stipulated in Article 31 no later than 30 (thirty) days as of the
      suspension date;
d.    provides incorrect information or data in the API application
      documents;
e.    is irresponsible in the process of importing goods;
f.    violates the prevailing laws and regulations in the field of
      importation;
g.    misuses the import documents and import-related letters; and/or
h.    is declared guilty by the court of a criminal act relating to the
      misuse of an API and such decision has a legal binding force.

                                  Article 38

(1)   The stipulation as Importer Producer shall be revoked in the event
      that:
      a.     the compliance assessment result (post audit) as stipulated
             in Article 13 declares that the import realization report is
             incorrect, the types of the imported goods are not in line
             with the recommendation from the technical supervising
             agency at the central level, and/or is not in compliance with
             the provisions of the relevant laws and regulations in the
             field of importation;
      b.     the company holding the API-P fails to submit the import
             realization report as stipulated in Article 29 paragraph (1);
      c.     there is a written request for the revocation of the
             stipulation as Importer Producer from the relevant technical
             supervising agency based on a consideration that the
             company holding the API does not conduct its production
             activity properly;
      d.     there is a written request for the revocation of the
             stipulation as Importer Producer from the Directorate
             General of Customs and Excise, Ministry of Finance based
             on a consideration that the company holding the API
             conducts violations in the field of customs, and/or;
      e.     the company holding the API-P is imposed by a API-P
             revocation sanction.
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                                                              Page 21 of 23

(2)    A company holding an API-P which is imposed by a sanction of
       revocation of stipulation as Importer Producer can be re-stipulated
       as Importer Producer in the event:
       a.      the company holding the API-P, imposed by the revocation
               sanction based on paragraph (1) point b, has already
               submitted a report on the import realization of certain
               industrial goods;
       b.      the company holding an API-P, imposed by the revocation
               sanction based on paragraph (1) point c and point d, has
               been declared to have satisfied the provisions by the
               relevant technical agency; or
       c.      the company holding an API-P imposed by the revocation
               sanction based on paragraph (1) point e, has obtained a
               new API-P.
(3)    A company holding an API-P imposed by a sanction of revocation
       of stipulation as Importer Producer as referred to in paragraph (1)
       point (a) can be re-stipulated as Importer Producer after 1 (one)
       year as of the date of revocation.
(4)    In order to be re-stipulated as an Import Producer, the company
       holding the API-P must submit an application in accordance with
       the provisions stipulated in Article 11 paragraph (1).

                                 Article 39

(1)    In the event that the API is revoked as referred to in Article 37
       point a, point b, and/or point c, the relevant company may only
       submit the application for obtaining the new API after 1 (one) year
       as of the date of the API revocation.
(2)    In the event that the API is revoked as referred to in Article 37
       point d, point e, point f, point g, and/or point h, the relevant
       company may only submit an application for obtaining the new API
       after 2 (two) years as of the date of API revocation.

                                 Article 40

The company as intended in Article 37 must submit an application along
with the requirements referred to in Article 22 and shall return the original
API that has been revoked.

                                 Article 41
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                                                             Page 22 of 23

(1)    Suspension, re-activation, and revocation of an API-U and API-P
       as intended in Article 35, Article 36, and Article 37, shall be
       conducted on behalf of the Minister by:
       a.      Head of the BKPM;
       b.      Director General; or
       c.      Head of Provincial Service Office.
(2)    The Head of the BKPM shall convey a notification on the
       suspension, re-activation and revocation of the API-U and API-P
       as intended in Article 35, Article 36, and Article 37 to the relevant
       company copied to the Minister, Director General of Customs and
       Excise, Head of Provincial Service Office, Head of Regency/City
       Service Office and Head of PDPPM of Regency/City where the
       company is domiciled.
(3)    The Directorate General shall convey the notification on the
       suspension, re-activation and revocation of an API-U and API-P as
       intended in Article 35, Article 36, and Article 37 to the relevant
       company copied to the Minister, Director General of Customs and
       Excise, Head of Provincial Service Office, Head of Regency/City
       Service Office and Head of PDPPM of Regency/City where the
       company is domiciled.
(4)    The Head of the Provincial Service Office shall convey the
       notification on the suspension, re-activation and revocation of an
       API-U and API-P as intended in Article 35, Article 36, and Article
       37 to the relevant company copied to the Director of Import,
       Director General of Customs and Excise, and Head of
       Regency/City Service Office where the company is domiciled.

                                Article 42

The API-U and API-P that have been issued based on Minister of Trade
Regulation Number 45/M-DAG/PER/9/2009 regarding API as amended
several times and lastly by Minister of Trade Regulation Number 20/M-
DAG/PER/7/2011, must be adjusted to this Ministerial Regulation by no
later than December 31, 2012.

                                Article 43

By the time this Ministerial Regulations come into effect:
a.      Minister of Industry and Trade Decree No 134/MPP/Kep/6/1996
        regarding Import Activities and Domestic Trade of Complementary
        Goods by Foreign Companies in the Field of Production;
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                                                                           Page 23 of 23

               b.       Minister of Trade Regulation Number 45/M-DAG/PER/9/2009
                        regarding API as amended several times, lastly by Minister of
                        Trade Regulation Number 20/M-DAG/PER/7/2011,

               shall be revoked and declared not valid.



                                               Article 44

               Further provisions on the implementation of this Ministerial Regulation
               shall be stipulated by the Director General.

                                               Article 45

               This Ministerial Regulation shall become effective as of May 2, 2012.

               For public cognizance, to order the enactment of this Ministerial
               Regulation by its placement in the Official Gazette of the Republic of
               Indonesia.



                                                                    Stipulated in Jakarta
                                                                         on May 1, 2012



                            MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

                                                                                 Signed

                                                            GITA IRAWAN WIRJAWAN

Issued as a true copy
Secretariat General of the Ministry of Trade
on behalf of the Head of Legal Bureau,
Head of Statutes Division of Foreign Trade,


Signed an chopped


M. SYIST

								
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