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M inistry of Trade Directorate General of Foreign Trade

THE PROVISION OF IMPORTER IDENTIFICATION NUMBER (API ). M inistry of Trade Directorate General of Foreign Trade. POINTS OF REGULATION. BACKGROUND LEGAL BASIS OVERVIEW OF API TYPES OF API SPECIAL RELATIONSHIP CERTAIN INDUSTRIAL GOODS API PUBLISHER API REQUIREMENTS

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M inistry of Trade Directorate General of Foreign Trade

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  1. THE PROVISION OF IMPORTER IDENTIFICATION NUMBER (API) Ministry of Trade Directorate General of Foreign Trade

  2. POINTS OF REGULATION BACKGROUND LEGAL BASIS OVERVIEW OF API TYPES OF API SPECIAL RELATIONSHIP CERTAIN INDUSTRIAL GOODS API PUBLISHER API REQUIREMENTS ASSESMENT OF COMPLIANCE (POST AUDIT) OBLIGATIONS SANCTIONS API DATA BASED ON REGULATION OF MINISTER OF TRADE NO. 45/M-DAG/PER/9/2009

  3. A. BACKGROUNDS • Improve of the supervision of importers; • Encourage the development of domestic industries; • The increase equity/fairness among importers; • Enhance of the credibility among importers;

  4. B. LEGAL BASIS • Minister of Trade Regulation Number 27/M-Dag/Per/5/2012 dated May 1, 2012 regarding the Provisions of Importer Identification Number (API) • Minister of Trade Regulation Number 59/M-Dag/Per/9/2012 dated September 21, 2012 regarding the Amendment of Minister of Trade Regulation Number 27/M-Dag/Per/5/2012 regarding the Provisions of Importer Identification Number (API)

  5. C. OVERVIEW OF API Importer Identification Number, hereinafter abbreviated as API, is an identity of importer. Importation shall only be conducted by an Importer having an API. Type of API : 1. General Impoter (API-U) 2. Producer Importer (API-P)

  6. D. TYPES OF API • General Importer (API-U) : • Based on Regulation Number 30/2012: General Importer (API-U) shall be granted only to companies importing only goods included in 1 (one) section as specified on the prevailing laws and regulations for trading purposes (Indonesian Custom Tariff Book, Based on AHTN 2012). • Revision on Regulation Number 59/2012: The company holding API-U can import more than one section only with the conditions as follows : • Company holding API-U are importing goods from companies abroad and also has a special relationship with the company holding API-U, or • Company holding API-U is a business entity that all or most of the capital is owned by the state.

  7. TYPES OF API (Continuation…) 2. Producer Importer (API-P) Producer Importer (API-P)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 Revision on Regulation Number 59/2012: In terms of capital goods, raw materials, auxiliary materials, and/or materials to support the production process that imported by company holding API-P are goods which given exemption of import duty and were used in company’s own activity in a period at least 2 (two) years from date of notification of the import customs, the goods imported are transferable to other parties.

  8. E. SPECIAL RELATIONSHIP • A special relationship is the relationship between the company and the owner of the API with overseas companies where one party has the ability to control the other party or exercise significant influence over the other party in accordance applicable accounting standards. • A special relationship is the ability to control the other party or exercise significant influence

  9. SPECIAL RELATIONSHIP (Continuation….) • Revision on Regulation Number 59/2012: A special relationship can be obtained by : • a contractual agreement to share control over an economic activity; • the ownership of shares; • the articles of association; • the agency agreement / distributor; • the loan agreement, or • the supply of goods agreement (supplier agreement).

  10. F. CERTAIN INDUSTRIAL GOODS • In order to develop business and investment, company holding API-P can import certain industrial goods to be traded and/or transfered • Certain Industrial Goods that are not used in the process production and only used for the purpose: • Market testing is activities for specific industries that sell goods imported by manufacturer importers in order to meet the criteria of product so as to know the reaction of the market and also to develop their business. • Complementary goods are certain industrial goods related to industrial license, which are imported by manufacturer importers and produced by overseas companies that have a special relationship with the importer.

  11. CERTAIN INDUSTRIAL GOODS (Continuation ...) • Revision on Regulation Number 59/2012: Validity of importation is not based on every shipment (not transactional), but based on period written in recommendation from technical institutions.

  12. G. API PUBLISHERS • Minister of Trade delegates the authority in issuance of API to: • Head of Indonesia Investment Coordination Board (BKPM), API-U and API-P for company which its business license is in authority of the Central Government; • Director General of Foreign Trade, API-P for enterprises of oil and gas as well as energy management and other natural resources; • Head of the Trade Provincial Agency, API-U and API-P to companies other than those issued by BKPM and the Director General of Foreign Trade, and • Free Trade Zone Agency Concession and Free Port of Batam, Bintan and Karimun, API-U and API-P for firms domicile in Batam, Bintan and Karimun. • Revision on Regulation Number 59/2012: In the event the Provincial Government has established the One Stop Service Agency, the Minister may delegate the issuance of API-U and API-P to the Head of One Stop Service Agency.

  13. API REQUIREMENTS (Continuation…) • Revision on Regulation Number 59/2012: • The company holding API-U that import more than onesection/part good classification as it’s written the classification good system for trading purposes: • Statement letter from the company holding API-U that stating has special relationship with overseas company; and • Evidence of a special relationship with the company holding API-U and approved by the Indonesian Representative Office (Indonesian Embassy/Mission : Commercial Attaché or Diplomatic/ConsularSection) where the company has a special relationship.

  14. I. ASSESMENT OF COMPLIANCE (POST AUDIT) • Revision on Regulation Number 59/2012: • The company holding API will be monitored through assessment of compliance (Post Audit) which include: • the truth of import realization report; • the suitability of the imported goods according to the data contained in the document and destining API, and • Compliance with laws and regulations relevant in the field of import. • Compliance assessment (post-audit) are carried out in coordination with the agency issuing the API and relevant agencies.

  15. J. OBLIGATIONS The company holding an API-U or API-P is obligated to report on whether or not its importation is realized, once every 3 (three) months to the agency issuing API and the Director General of Foreign Trade; The Head of The BKPM, the Head of Provincial Services 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 of Trade.

  16. K. SANCTIONS • API will be suspended if : • fails to fulfill its re-registration obligation; • fails to fulfill the reporting obligation or fails to fulfill the obligation of reportingthe change of data. • API will be revoked if : • has previously received two API suspensions; • fails to fulfill its re-registration obligation no later than30 (thirty) days as of the suspension date; • fails to fulfill the reporting obligation or fails to fulfill the obligation of reportingthe change of data nolater than 30 (thirty) days as of the suspension date; • provides incorrect information or data in the APIapplication documents; • is irresponsible in the process of importing goods; • violates the prevailing laws and regulations in thefield of importation; • misuses the import documents and import-relatedletters.

  17. SANCTIONS (Continuation …..) • 3. The stipulation as Producer Importer will berevoked in the event : • the compliance assessment result (post audit)declares that theimport realization report is incorrect, the typesof the imported goods are not in line with therecommendation from the technical supervisingagency at the central level, and/or is not incompliance with the provisions of the relevantlaws and regulations in the field of importation; • the company holding the API-P fails to submitthe import realization report; • there is a written request for the revocation ofthe stipulation as Producer Importer from therelevant technical supervising agency based ona consideration that the company holding theAPI does not conduct its production activity properly; • there is a written request for the revocation ofthe stipulation as Importer Producer from theDirectorate General of Customs and Excise,Ministry of Finance based on a considerationthat the company holding the API conductsviolations in the field of customs, and/or; • e. the company holding the API-P is imposed by a API-P revocation sanction.

  18. L. API DATA BASED ON REGULATION OF MINISTER OF TRADE NO. 45/M-DAG/PER/9/2009 Source: - Directorate of Import, May 2012

  19. THANK YOU 19

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