CHAPTER X CERTIFICATE
Article 41 1) Cancellation may be conducted for
a. certificate that has been issued; and
b. Import realization that has not been conducted or Import realization that is not being conducted.
(2) Revocation may be conducted for:
a. certificate that has been issued; and
b. Import realization that has been conducted or Import realization that is being conducted.
(3) Cancellation as referred to in paragraph (1) and revocation as referred to in paragraph (2) shall be conducted if there is a mistake of:
a. authority;
b. procedures; and/or c. substance.
(4) The cancellation as referred to in paragraph (1) and revocation as referred to in paragraph (2) shall be notified to Importers that own the Goods.
(5) In the event that there are Goods that are still in the process of being shipped or transported, the
revocation of the certificate shall be conducted after the customs process for the Goods has been completed.
(6) Importers as referred to in paragraph (4) shall submit a statement letter that they will not conduct the shipping process other than the Goods that have been shipped as referred to in paragraph (5).
(7) Cancellation of the certificate that has been issued as referred to in paragraph (1) may only be conducted for Imported Goods that have not been shipped.
CHAPTER XI
TEMPORARY IMPORT AND TEMPORARY IMPORT WITH THE SETTLEMENT OF NOT BEING RE- EXPORTED
Article 42
(1) For Goods whose Import is regulated within the framework of temporary Import, provisions on Import policy and arrangements do not apply.
(2) Goods that are imported within the framework of temporary Import as referred to in paragraph (1) shall be implemented in accordance with provisions of laws and regulations in the customs sector.
(3) The fulfillment of Import policy and arrangements as regulated in this Regulation of the Minister for the settlement of temporary Import without being re-exported shall only be for the following considerations:
a. temporarily Imported Goods which are required for government project work; or b. temporarily Imported Goods with the aim of being donated to the central government.
(4) Temporary import of Goods in new condition which are included in the category of Goods restricted from Import for settlement purposes without being re-exported based on the considerations as intended in paragraph (3), must comply with provisions of the Import policy and regulations as regulated in this Ministerial Regulation.
(5) To the temporary Import of Goods in new condition which are included in the category of free-to-Import Goods for the settlement of not being re-exported based on the considerations as referred to in paragraph (3), provisions on Import policy and arrangements in the form of obligations of Business Licensing in the Import sector and/or Verification or Technical Inspection do not apply as regulated in this Regulation of the Minister.
(6) Temporary Imports of capital Goods in used condition which are included in the groups of post
tariff/harmonized system 84 (eight-four), 85 (eight-five), 87 (eight-seven), 89 (eight-nine), and 90 (ninety) which are settled by not being re-exported based on the considerations as referred to in paragraph (3), must comply with provisions on Import policy and arrangements for capital Goods in used condition as referred to in Appendix II to this Regulation of the Minister.
(7) For temporary Imports which include Goods in used condition outside the category of capital Goods in used condition as referred to in paragraph (6), may not be issued Business Licensing in the Import sector and/or Surveyor Report for the settlement of temporary Imports without being re-exported based on the considerations as referred to in paragraph (3).
(8) The settlement of temporary Imports without being re-exported as referred to in paragraph (4) up to paragraph (7) shall be implemented based on the type and condition of the Goods at the time the Goods are temporarily Imported in accordance with a decision of the minister who organizes government affairs in the financial sector on temporary Import permits.
(9) The fulfillment of provisions on Import policy and arrangements in the form of the obligation of a
Verification or a Technical Inspection of Imported Goods as referred to in Article 24 on the settlement of temporary Import of Goods which are not re-exported as referred to in paragraph (4) and paragraph (6) shall be conducted domestically.
(10) Temporarily Imported Goods which will be settled without being re-exported as referred to in paragraph (4) up to paragraph (7) shall be implemented in accordance with provisions of laws and regulations in the customs sector.
CHAPTER XII
REIMPORT OF EXPORTED GOODS
Article 43
(1) To Goods that have been exported and then re-imported, Import policy and arrangements do not apply.
(2) Provisions on the re-Import of Goods that have been exported as referred to in paragraph (1) shall be implemented in accordance with provisions of laws and regulations in the customs sector.
CHAPTER XIII
IMPORT OF COMPLEMENTARY GOODS, GOODS FOR MARKET TEST NEEDS, AND/OR AFTER-SALES SERVICE GOODS
Division One
Import of Manufactured Goods as Complementary Goods, Manufactured Goods for Market Test Purposes, and/or Manufactured Goods for After-Sales Services Which Are Free-to-Import Goods
Article 44
(1) Import of manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are free-to-Import Goods may only be conducted by a company holding NIB which is valid as API-P after obtaining a certificate from the Director-General on behalf of Minister.
(2) Provisions on the issuance of the certificate as referred to in Article 37 up to Article 39 shall apply mutatis mutandis to the issuance of certificate for the Import of manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are free-to-Import Goods.
(3) The Import of manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are free-to-Import Goods as referred to in paragraph (1) shall be implemented in accordance with provisions on Import policy and arrangements as regulated in this Regulation of the Minister, except for the provisions of Article 2 paragraph (14) and paragraph (15).
(4) Manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are free-to-Import Goods as referred to in paragraph (1) may be traded and/or transferred to other parties.
(5) The Import of manufactured Goods as complementary goods shall be conducted by Importers holding NIB
which is valid as API-P that have special relationships with companies overseas.
(6) The list of sectors, sub-sectors, or manufactured Goods for the Import of complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service as referred to in paragraph (1) is listed in Appendix VII which constitutes an integral part of this Regulation of the Minister or in accordance with provisions of laws and regulations.
(7) Requirements for the certificate as referred to in paragraph (1) are listed in Appendix VII which constitutes an integral part of this Regulation of the Minister.
(8) The validity period for the certificate as referred to in paragraph (1) is listed in Appendix VII which constitutes an integral part of this Regulation of the Minister.
(9) The form of special relationship as referred to in paragraph (5) is listed in Appendix VII which constitutes an integral part of this Regulation of the Minister.
Division Two
Application and Issuance of Amendment to Certificates
Article 45
(1) If there is any change in the data of the certificate as referred to in Article 44 paragraph (1), Importers must submit a complete application for the amendment to the certificate in accordance with the requirements for the amendment to the certificate.
(2) The data of the certificate as referred to in paragraph (1) shall include:
a. identity of the Importer;
b. post tariff/harmonized system;
c. type/description of Goods; and/or d. number of Goods and units of Goods.
(3) The Importer's identity as referred to in paragraph (2) letter a shall contain at least the data elements or information in the form of:
a. name of the company; and b. address of the company.
(4) Changes of the post tariff/harmonized system, and/or units of Goods in the certificate may only be made as long as Imports have not been realized yet or Imports are not being realized.
(5) Applications for the amendment to the certificate as referred to in paragraph (1) shall be submitted electronically to the Minister through the SINSW which is forwarded to the INATRADE System by uploading the scanned original requirement documents for the amendment to the certificate.
(6) In the event that the application for the amendment to the certificate as referred to in paragraph (5) is incomplete, the application shall not be forwarded to the INATRADE System.
(7) In the event that the requirement documents for the amendment to the certificate as referred to in paragraph (5) are already available electronically at a ministry or non-ministerial government agency that has been integrated with the SINSW, Importers do not have to upload the requirement documents to the SINSW.
(8) The electronic requirement documents for the amendment to the certificate as referred to in paragraph (7)
shall be in the form of:
a. scanned original documents;
b. data elements; and/or
c. recognition/determination status of the Business Actor.
(9) Importers are responsible for the correctness and suitability of:
a. requirement documents as referred to in paragraph (5);
b. data and/or information related to requirement documents that are available electronically as referred to in paragraph (7); and
c. other data and/or information related to the application for the amendment to the certificate, by providing approval in the form of a statement of responsibility for the correctness of the requirement documents, data, and/or information electronically through the SINSW when submitting the application for the amendment to the certificate.
(10) If the requirement documents, data, and/or information as referred to in paragraph (9) are proven to be incorrect, Importers shall be subject to sanctions in accordance with provisions of laws and regulations.
(11) Requirements for the amendment to the certificate as referred to in paragraph (5) and paragraph (7) are listed in Appendix VII which constitutes an integral part of this Regulation of the Minister.
Article 46
(1) If the application for the amendment to the certificate as referred to in Article 45 paragraph (1) is declared complete in accordance with the requirements, the Director-General on behalf of the Minister shall issue amendment to the certificate electronically through the INATRADE System which is forwarded to the SINSW by using an Electronic Signature, and including a quick response code ( QR), which does not require a wet stamp and signature starting from the date the application is received in full in accordance with the requirements by a team member as a functional official who has access rights to commence the processing of the certificate.
(2) If the application for the amendment to the certificate as referred to in Article 45 paragraph (1) is declared not in accordance with the requirements, a rejection shall be conducted electronically through the SINSW starting from the time the application is received by a team member as a functional official who has access rights to commence the processing of the certificate.
(3) The validity period for the amendment to the certificate as referred to in paragraph (1) shall be the remaining validity period of the certificate as referred to in Article 44 paragraph (8).
(4) The validity period for the amendment to the certificate shall be in the form of:
a. initial date, which is valid from the date of issuance of the amendment to the certificate; and b. end date, which is the same as the end date stated in the certificate as referred to in Article 44
paragraph (1) which has been issued.
(5) The validity period as referred to in paragraph (4) shall only apply to post tariff/harmonized system, type/description of Goods, number of goods and units of goods, which are the result of amendment.
(6) The initial date as referred to in paragraph (4) letter a must be:
a. before the date of the BC 1.1 manifest document; or b. the same as the date of the BC 1.1 manifest document.
(7) In addition to the post tariff/harmonized system, type/description of Goods, number of goods and units of goods as referred to in paragraph (5), the validity period for the amendment to the certificate shall be in the form of commencement date and end date, in accordance with the validity period of the certificate as referred to in Article 44 paragraph (1) which has been issued.
Division Three
Cancellation and Revocation of Certificate that has been Issued
Article 47
(1) Provisions on the cancellation of the certificate issuance process as referred to in Article 40 shall apply mutatis mutandis to the cancellation of the certificate issuance process for Imports of manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are free-to-Import Goods.
(2) Provisions on the cancellation and revocation of certificates that have been issued as referred to in Article 41 shall apply mutatis mutandis to the cancellation and revocation of certificates that have been issued for Imports of manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are free-to-Import Goods.
Division Four
Import of Manufactured Goods as Complementary Goods, Manufactured Goods for Market Test Purposes, and/or Manufactured Goods for After-Sales Service which are Restricted Goods from Import
Article 48
(1) Imports of manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are Goods restricted from Import may only be conducted by companies holding NIB which is valid as API-P after obtaining an Import Approval from the Director-General on behalf of the Minister.
(2) Provisions on the issuance, amendment, and extension of Business Licensing in the Import sector as referred to in Articles 5 up to Article 16 shall apply mutatis mutandis to the issuance, amendment, and extension of Import Approval for manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured goods for after-sales service which are Goods restricted from Import.
(3) Imports of manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service which are Goods restricted from Import as referred to in paragraph (1) shall be implemented in accordance with provisions on Import policy and arrangements as regulated in this Regulation of the Minister, except for the provisions of Article 2 paragraph (14) and paragraph (15).
(4) Companies holding NIB which is valid as API-P that have obtained Import Approval as referred to in paragraph (1) shall be exempted from the obligation to have Import Approval for Goods that have been subject to Import policy and arrangements as listed in Appendix I which constitutes an integral part of this Regulation of the Minister.
(5) Manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service as referred to in paragraph (1) may be traded and/or
transferred to other parties.
(6) Imports of manufactured Goods as complementary Goods shall be conducted by Importers holding NIB which is valid as API-P that have special relationships with companies overseas.
(7) Manufactured Goods as complementary Goods, manufactured Goods for market test purposes, and/or manufactured Goods for after-sales service as referred to in paragraph (1) are listed in Appendix VII which constitutes an integral part of this Regulation of the Minister.
(8) The form of special relationship as referred to in paragraph (6) is listed in Appendix VII which constitutes an integral part of this Regulation of the Minister.
CHAPTER IV