Introduction

The Minister of Trade recently issued Regulation No. 48/M-DAG/PER/7/2015 of 2015 on General Provision on Imports (Ministerial Regulation No. 48/2015). The Ministerial Regulation No. 48/2015 will be effective on 1 January 2016 and will also revoked and replace current general provision on imports as stipulated by Minister of Trade Regulation No. 54/M-DAG/PER/10/2009 (Ministerial Regulation No. 54/2009). The purpose of the issuance of Ministerial Regulation No. 48/2015 is to improve transparency, effectivity, and efficiency in import process.

Type of Goods that are Allowed to be Imported

Under the Ministerial Regulation No. 48/2015 basically only new goods can be imported, but the Minister of Trade in certain condition can allow importation of used goods based on laws and regulations, the minister’s authority, or proposal or technical consideration from other government agencies[i].

Goods are categorized into three groups which are free import goods, restricted import goods, and prohibited import goods[ii]. The Ministerial Regulation No. 48/2015 determines that all goods may be imported, except restricted import goods, prohibited import goods, and other goods that are otherwise determined by laws and regulations[iii].

The regulation on restricted import goods is conducted through an import permit mechanism that covers[iv]:

1. Acknowledgement as a producer importer
2. Appointment as a registered importer
3. Import approval
4. Surveyor survey, and/or
5. Other import permit mechanism.

 

Requirementsand Sanctions

Only importer that has acquired Importer Identification Numbers may import goods, but in “certain conditions” an importer who does not own an Importer Identification Numbers can also import goods[v]. The Ministerial Regulation No. 48/2015 does not provide further detail on these “certain conditions” that can be used as an exemption to import goods without owning an Importer Identification Numbers, but the Ministerial Regulation No. 54/2009 stipulated that such exemption was based on considerations or reasons that were stipulated by the Minister of Trade[vi].

The Ministerial Regulation No. 48/2015 obligates importer to understand the Indonesia laws and regulations that are related with imports. Further information on laws and regulations that are related with imports can be accessed by importer through http://inatrade.kemendag.go.id[vii].

Under the Ministerial Regulation No. 48/2015, all importers should acquire import permits of restricted import goods prior arrival of imported goods in the custom area. Violation against this requirement is punishable by freezing of Importer Identification Numbers and other sanctions in accordance with prevailing laws and regulations. In addition, the goods that have been imported without import permits must be re-export by the importer[viii].

Lastly, the Ministerial Regulation No. 48/2015 stipulates that permits related with imports are issued by the Minister of Trade or officialsthat are given authority to issue permits. The Minister of Trade may delegate issuance of permits to institution or related technical office[ix].

For further information on general provision on imports and the required import permits, please kindly contact us at E: bpl@smartlegal.id H: +62821-1234-1235

 

[i] Article 2 of Ministerial Regulation 48/2015

[ii] Article 4 paragraph (1) of Ministerial Regulation No. 48/2015

[iii] Article 4 paragraph (2) of Ministerial Regulation No. 48/2015

[iv] Article 5 of Ministerial Regulation No. 48/2015

[v] Article 3 of Ministerial Regulation No.48/2015

[vi] Article 3 of Ministerial Regulation No. 54/2009

[vii] Article 6 of Ministerial Regulation No. 48/2015

[viii] Article 7 of Ministerial Regulation No. 48/2015

[ix] Article 8 of Ministerial Regulation No. 48/2015