THE AMENDMENT TO THE DECREE OF THE MINISTER OF INDUSTRY
AND TRADE NO. 550/MPP/Kep/10/1999 ON IMPORTER IDENTITY
NUMBERS (API
)(Decree of the Minister of Industry and Trade No.253/MPP/KEP/7/2000 dated July 4,2000)
THE MINISTER OF INDUSTRY AND TRADE, Considering :
a. that in the framework of preventing the abuse of Importer Identity Numbers (API) and the falsification of other import documents, it is deemed necessary to stipulate criteria for the imposition of clear sanctions and the application of firm sanctions and to amend the Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999;
b. that in relation thereto, it is necessary to stipulate the Decree of the Minister of Industry and Trade.
In view of :
1. Presidential Decree No. 136/1999 on the status tasks, organizational structures and working arrangements of ministries as already amended by Presidential Decree No.147/1999;
2. Presidential Decree No. 355/M/1999 on the establishment of the cabinet for the 1999 -2004 period as already amended by Presidential Decree No. 98/M/2000;
3. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods subjected to import control as already amended several times the latest by the Decree of the Minister of Industry and Trade No. 192/MPP/Kep/6/2000;
4. Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 on Importer Identity Numbers (API).
D E C I D E S : To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE AMENDMENT TO THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 550/MPP/Kep/10/1999 CONCERNING IMPORTER IDENTITY NUMBERS (API)
Article I
Several provisions in the Decree of the Minister of Industry and Trade No.550/MPP/Kep/10/1999 shall be amended as follows:
1. To amend the provision in Article 17 so as to entirely read as follows: "Article 17
API shall be frozen if companies owning API/executives of companies owning API are as follows:
a. being investigated by investigators because they are suspected of committing crimes connected with the abuse of API;
b. failing to fulfill the obligations as meant in Article 14 letters a and b."
2. To amend the provision in Article 18 so as to entirely read as follows: "Article 18
API already frozen as meant in Article 17 can be restored if : a. investigators have already issued orders to stop investigation;
b. holders of API are declared not guilty or freed from all lawsuits having permanent legal power by enclosing decisions of the court; or
c. they have already fulfilled the obligations as meant in Article 14 letters a and b."
3. To amend the provision in Article 19 so as to entirely read as follows: "Article 19
API shall be revoked if companies owning API/executives of companies owning API are as follows:
a. failing to fulfill the obligation as meant in Article 14 letter a twice:
c. importing goods prohibited and or subjected to import control without approval from the Ministry of Industry and Trade ;
d. falsifying, changing, adding and/or replacing letters granted by other institutions for the purpose of securing letters of approval and/or certificates from the Ministry of Industry and Trade;
e. falsifying, changing, adding and/or replacing letters granted by the Ministry of Industry and Trade;
f. changing, adding and/or replacing contents mentioned in API;
g. importing goods whose quantity and/or kinds are not suitable to import licenses granted by the Ministry of Industry and Trade ;
h. trading and/or transferring imported goods which are stipulated to be used for their own need in letters of approval from the Ministry of Industry and Trade; or
i. being declared quietly by the court for crimes connected with the abuse of API and decisions already having permanent legal power."
4. To amend the provision in Article 20 so as to entirely read as follows: "Article 20
(1) In the case of companies which own API having their API revoked because of the mistakes as meant in Article 19 letters a and b, the companies and/or executives companies whose signatures are put in API can only submit applications for new API letter 3 (three) years, starting from the date of revocation of API.
(2) In the case of companies which own API having their API revoked because of the mistakes as meant in Article 19 letters c, d, e, f, g, h and I, the companies and/or executives of companies whose signatures are put in API can only submit applications for new API after 5 (five) years, starting from the date of revocation of API.
(3) The applications for API as meant in paragraphs (1) and (2) shall be obliged: a. to comply with the provision as meant in Article 9 of this decree; b. to return original copies of API already revoked.
5. To amend the provision in Article 21 so as to entirely read ad follows: "Article 21
(1) The freezing restoration and revocation of API as meant in Article 17, 18 and 19 shall be done by Heads of Regional Offices where the relevant API are issued, for the Minister.
(2) Heads of Regional Offices shall convey notifications on the freezing, restoration and revocation of API as meant in Article 17, 18 and 19 to the relevant companies with copies made available to the Director."
6. In the case of companies already securing API before the stipulation of this decree, their API can be frozen and/or revoked on the basis of this Decree.
7. With the stipulation of this decree, all other provisions containing in the Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 on Importer Identity Numbers (API) shall remain valid.
Article II
This decree shall come into force as from the date of stipulation.
For public cognizance, this decree shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On July 4, 2000
THE MINISTER OF INDUSTRY AND TRADE Sgd
