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DECREE OF THE MINISTER OF TRADE AND INDUSTRY NO. 411/KEP/6/2003, DATED JUNE 17, 2003

ON

AMANDEMENT OF DECREE OF THE MINISTER OF TRADE AND INDUSTRY NO. 756/MPP/KEP/11/2002 ON IMPORT

MACHINERY AND NON-NEW MACHINERY SUPPLIES

THE MINISTER OF TRADE AND INDUSTRY OF THE REPUBLIC OF INDONESIA,

Considering:

a. that, concerning the change of limitations for non-new public transportation vehicles that can be imported and perfection & compliance with the criteria of motor vehicle as set forth in Decree of the said minister No. 756/MPP/Kep/11/2002, it is necessary the said decree;

b. that, for that purpose has to be issued a decree of the said minister. In view of:

1. Government Regulation No. 17/1996 on Authorities of Industrial Regulating, Development, and Improvement (Statute Book of 1986 No. 23, supplement to Statute Book No. 3330);

2. Presidential Decree No. 260/1967 on Affirmation of Duties and Responsibilities of Minister of Trade in The Field of International Trade; 3. Decree of Minister of Communications No. 74/1960 on

Container-Transporting Vehicles on The Roads;

4. Decree of the said minister No. 756/MPP/11/2002 on Import of Machinery and Non-New Machinery Supplies;

5. Decree of the said minister No. 40/MPP/Kep/1/2003 on Importer’s Identity (API).

D E C I D E S : To stipulate:

AMANDEMENT OF DECREE OF MINISTER OF TRADE AND INDUSTRY NO. 756/KEP/11/2002 ON IMPORT OF MCHINERY AND NON NEW MACHINERY SUPPLIES.

Article I

Some clauses in Decree of the said minister No. 756/MPP/Kep/11/2002 are amended as follows:

(2)

“Article 1

a. Type Test is the process of certification of a motor vehicle implemented based on the technical requirements and results inspection prior to the operating of the said vehicle on the road as set forth in Government Regulation No. 44/1993 on Vehicles and Drivers.

2. To amend Article 3 so that it becomes as follows:

For non-new motor vehicles included in Harmonized Tariff Schedule 87, that may be imported as specified in Article 2 paragraph (2) are:

a. Non-new goods-transporting vehicles included in Harmonized Tariff Schedule 87.10.100;8704.23.190;87043.32.190; and 8704.90.190;

b. Vehicles constructed particularly to draw and push other non-new vehicles included in the Harmonized Tariff Schedule 8701.20.000 and

c. Public transportation vehicles with a capacity of twenty (20) passengers or non-new buses included in Harmonized Tariff Schedule 8702.10.910;8702.10.990;8702.90.910; and 8702.90.990.”

3. To amend and add Article 4 paragraph (1) so that the entire Article 4 becomes as follows:

1. Non-new goods-transporting vehicles as set forth in Article 3 paragraph a, which may be imported by the companies set forth in Article 2 paragraph (1), must fulfill the following criteria:

a. Have GVW of more than 24 tons;

b. Age at least three (3) years and maximum ten (10) years from date of manufacture; and

c. Technical conditions that must be fulfilled are: 1) Have three (3) or more wheelbases;

2) Dimension: maximum width:2,500 mm, maximum length: 12,000 mm, maximum height: 4,200 mm and no more than 1.17 x maximum front overhang, which is 47.5 x wheelbase, maximum rear over hang= 62.5% x wheelbase, maximum lamp height: 1,250 mm, maximum height of open wagon: 1,00 mm and departure angle=less than 80;

3) Minimum Power Weight Ration=4.5 Kw/ton JBB; and

4) For tractor heads specified in the harmonized Tariff Schedule 8701.20.000: wheelbase configuration is 1.2 or 1.22.

2. Import of non-new goods-transporting vehicles as set forth in paragraph (1) must obtain prior import approval from the Director General for Overseas Trade within the Department of Trade and Industry.

(3)

companies specified in Article 2 paragraph (1), must comply with the following conditions:

a. Those vehicles are not the results of modification of goods-transporting vehicles and are still equipped with tachograph and low and high gear transmission; and

b. They have acquired the approval of the Director General for Overseas Trade within the Department of Trade and Industry and have complied with the condition set forth in Decree of Minister of Communications No. KM.74/1990 on Container-Transporting Vehicles On The Roads. 4. The Director General for Overseas Trade of Department of Trade and

Industry shall issue an import approval as set forth in paragraphs (2) and (3) or shall issue a rejection to the application for import within ten (10) working days from date of receipt of letter of application of import of non-new motor vehicles of the companies set forth in Article 2 paragraph (3).” 5. To amend Article 5 so that it becomes as follows:

“Article 5

Conditions and procedure of import of public transportation vehicles with a capacity of twenty (20) passenger or non-new buses as set forth in Article 3 paragraph c will be stipulated in a decree of the said minister.” 6. To amend Article 10 paragraphs (2) and (3) so that the entire Article 10

becomes as follows:

“Article 10

1. Import of machinery and non-new machinery supplies as set forth in Article 2 paragraph (2), which are non-vehicles, must be completed with Certificate of Inspection from the Surveyor that certifies that the said machinery and machinery supplies are fit and proper to be used and have been reconditioned to be re-functioned, are not scraps, and contains information on technical specifications.

2. Import of non-new motor vehicles as set forth in Article 3 paragraphs a and b must be completed with Certificate of Inspection from the Surveyor concerning information regarding kind, mark, model or type, year of manufacture or age, chassis and engine numbers, engine power, GVW, and wheelbase configuration of the said vehicles. 3. The performance of survey by a Surveyor in the framework of

issuance of certificate of inspection shall be done in the country of loading.”

(4)

This Decree comes into full force and effect from the date of stipulation.

For public cognizance, ordering the publication of this Decree by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta On June 17, 2003

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