On 3 July 2015, Minister of Trade of the Republic of Indonesia issued a Regulation of Minister of Trade No. 48/M-DAG/PER/7/2015 about General Provisions on the Import Sector (“Permendag 48/2015”). Permendag 48/2015 was issued to revise the general provisions on the import sector, so that the arrangement of import becomes more transparent, effective, efficient, and sustainable. This regulation will be effective on January 1, 2016.
Import is activities to supply goods that cannot be obtained from a source in the country both for national industrial production and private consumption into the customs area of Indonesia.
Individual, institutions or entities, whether a legal entity or not a legal entity, who does the import is called importers.
Implementation of Import
Import of goods can only be done by Importers, who have importer’s identification number (“API”). However, the importers who do not have API may do the import in certain cases.
Imported goods are grouped into:
a. free imported goods;
b. restricted imported goods; and
c. prohibited imported goods.
All goods can be imported, unless restricted imported goods, prohibited imported goods, or otherwise determined by the legislation.
Import for restricted imported goods is performed by the procedure or import licensing mechanism, as follows:
a. recognition as a manufacturers importer;
b. determination as a registered importer;
c. import approval;
d. surveyor reports; and/or
e. other mechanism of import licensing.
The import licensing for restricted imported goods must be owned by the importer before the goods enter the customs area, if the importers do not have a permit then the importers is liable to the freezing of the API and other sanctions in accordance with legislation in force. Goods that do not have such permission must also be re-exported by importers.
Imported goods must be in a new condition, unless otherwise specified by Minister of Trade based on (i) legislation, (ii) his authority, and (iii) proposals or technical considerations from other government agencies.
When this regulation becomes effective, Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 on General Provisions on the Import Sector is revoked and declared invalid.