IMPORTER IDENTITY NUMBERS (API) (Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 dated October 5, 1999)

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1 Considering : IMPORTER IDENTITY NUMBERS (API) (Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 dated October 5, 1999) THE MINISTER OF INDUSTRI AND TRADE, a. that in the framework of ensuring orderly administration and a better, effective and efficient flow of goods and documents, it is deemed necessary to improve provisions on importer identity numbers (API); b. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade; In view of : 1. Trade Ordinance of 1934 (Statute Book of 1938 No. 86) as already amended and supplemented; 2. Law No. 3/1982 on corporate registry (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214); 3. Law No. 5/1984 on industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274); 4. Law No. 7/1994 on the ratification of the agreement establishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564); 5. Law No. 10/1995 on customs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612); 6. Government Regulation No. 13/1957 on the channeling of companies (Statute Book of 1957 No. 7, Supplement to Statute Book No. 1144) as already amended and supplemented the latest by Government Regulation No. 53/1957 (Statute Book of 1957 No. 150, Supplement to Statute Book No. 1467); 7. Government Regulation No. 1/1982 on the implementation of exports, imports and the flow of foreign exchange (Statute Book of 1982 No. 1, Supplement to Statute Book No. 3210) as already amended by Government Regulation No. 24/1985 (Statute Book of 1985 No. 33, Supplement to Statute Book No. 3291); 8. Government Regulation No. 17/1986 on the authority to regulate, foster and develop industries (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330); 9. Government Regulation No. 13/1985 on industrial business licences (Statute Book of 1995 No. 25, Supplement to Statute Book No. 3596); 10. Presidential Decree No. 260/1967 on the affirmation of tasks and responsibility of the Minister of Trade in the field of international trade; 11. Presidential Decree No. 61/1998 on the status, tasks, organizational structures and working arrangements of ministries as already amended several times, the latest by Presidential Decree No. 142/1998; 12. Presidential Decree No. 122/M/1998 on the establishment of the development reforms cabinet;

2 13. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/97 on general provisions in the field of imports; 14. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/97 on goods whose imports are controlled/supervise as already amended several times, the latest by the Decree of the Minister of Industry and Trade No. 290/MPP/Kp/6/1999; 15. Decree of the Minister of Industry and Trade No. 408/MPP/Kep/10/97 on the provisions on and procedures for the gransting of trade business registry numbers (TDUP) and trade business licences (SIUP); 16. Decree of the Minister of Industry and Trade No. 12/MPP/Kep/1/98 on corporate registry (WDP); 17. Decree of the Minister of Industry and Trade No. 444/MPP/Kep/4/1998 jo. No. 24/MPP/Kep/1/1999 on the organisation and working arrangement of the Ministry of Industry and Trade. To revoke : DECIDES : 1. Decree of the Minister of Trade No. 1460/KP/XII/84 on importer identity numbers (API); 2. Decree of the Minister of Trade No. 373/KP/XI/88 on the amendment to the Decree of the Minister of Trade No. 1460/KP/XII/84 on importer identity numbers (API). To stipulate : THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON IMPORTER IDENTITY NUMBERS (API) CHAPTER I GENERAL PROVISIONS Article 1 1. Imports shall be activities to supply goods to the Indonesian customs areas; 2. Importer Identity Numbers abbreviated to API shall be identities of importers which must be possessed by importing companies; 3. Importing companies shall be companies undertaking import activities; 4. Trading companies shall be all forms of individual businesses, alliances, cooperatives and statutory bodies domiciled in Indonesia which undertake business activities; 5. Manufactures shall be the business entities undertaking activities in the field of industrial businesses; 6. Minister shall be the Minister of Industry and Trade; 7. Director shall be Director of Imports at the Directorate General of Foreign Trade, Ministry of Industry and Trade; 8. Regional Offices (KANWIL) shall be regional offices of the Ministry of Industry and Trade;

3 9. Ministrial Offices (KANDEP) shall be offices of the Ministry of Industry and Trade; CHAPTER II IMPORTER IDENTITY NUMBERS (API) Article 2 (1) Trade business activities of imports can only be done by companies already possessing API (2) APPI shall consist of : a. General Importer Identity Numbers (API-U); b. Producer Importer Identity Numbers (API-P) (3) Every trading company executing imports shall be obligied to possess API-U (4) Every manufacture other than Foreign/Domestic Investments (PMA/PMDN) executing imports shall be obligied to possess API-P. Article 3 Companies possessing API-U can import all kinds of goods, except goods subject to import supervisor/control and goods subject to import bans. Article 4 Companies possessing API-P can only import capital goods and raw/auxiliary materials for the need of production processes of the relevant companies, in accordance with the provisions in force. Article 5 API shall be a requirement for : a. the import of goods through the opening of L/C at foreign exchange banks and/or by means of other payment systems which are usually in force in transactions of international trade; b. the issue of Import Declarations (PIB). Article 6 Imports of goods without API can be given to government institutions/agencies, private institutions, international agencies and foundations as long as they are used for selfconsumption and are not traded after securing approval from the Minister or officials appointed by the Minister.

4 Article 7 Owners of API shall be fully responsible for the realisation of imports done by themselves or their branches/representatives, for both self-consumption and the need of other parties. CHAPTER III PROCEDURES AND REQUIREMENTS FOR SECURING IMPORTER IDENTITY NUMBERS (API) Article 8 (1) API shall be issued by Heads of Regional Offices (KANWIL) on behalf of the Minister in places where head offices of companies are domiciled. (2) Every trading company shall have the right to possess only one API-U and every manufacturer shall be entitled to only one API-P. (3) The trading company and manufacture as meant in paragraph (2) of this decree shall be any form of individual businesses, alliances, cooperatives or statutory bodies domiciled in Indonesia. Article 9 (1) In order to obtain API-U, the relevant companies shall be obligied to submit applications to Heads of KANWIL, with copies made available to Heads of KANDEP by enclosing the following documents : a. application forms (provided for free); b. copies of notarial deeds of establishment of companies and amendments; c. names and composition of executives of companies (original); d. certificates of goods character of executives of companies from the Police Force (original); e. copies of Trade Business Licences (SIUP) or Trade Business Registry Numbers (TDUP); f. copies of Corporate Registry Numbers (TDP); g. copies of Taxpayer Code Numbers (NPWP) of companies; h. certificates of domicile of head offices which are still valid from district offices in the case of private property or from owners of buildings in the case of rent/lease (original); i. copies of agreements on the rent/lease of business places whose rent/lease period is 2 (two) years at the minimum; j. references of foreign exchange banks (original); k. photos of executives as many as two sheets with the size of 2 x 3; l. copies of citizen identity cards (KTP) of executives.

5 (2) In order to obtain API-P, the relevant companies shall be obligied to submit applications to Heads of KANWIL, with copies made available to Heads of KANDEP by enclosing the following documents : a. application forms (provided for free); b. copies of notarial deeds of establishment of companies and amendments; c. names and composition of executives of companies (original); d. certificates of goods character of executives of companies from the Police Force (original); e. copies of industrial business licences from ministries concerned; f. copies of Corporate Registry Numbers (TDP); g. copies of Taxpayer Code Numbers (NPWP) of companies; h. certificates of domicile of head offices which are still valid from district offices in the case of private property or from owners of buildings in the case of rent/lease (original); i. copies of agreements on the rent/lease of business places whose rent/lease period is 2 (two) years at the minimum; j. references of foreign exchange banks (original); k. photos of executives as many as two sheets with the size of 2 x 3; l. copies of citizen identity cards (KTP) of executives. Article 10 (1) Heads of local KANDEP shall finish field inspection, not later than 12 (twelve) working days as from the receipt of copies of applications for API and application forms along with their attachments. (2) The field inspection as meant in paragraph (2) aimed at assuring the truth of documents submitted by applicants shall be executed by 2 (two) employees of KANDEP where head offices of companies are domiciled. (3) Results of the inspection as meant in paragraph (2) shall be contained in accounts of inspection (BAP) signed by Heads of KANDEP or executors of tasks of Heads of KANDEP and an employee of KANDEP conducting direct field inspection. (4) The accounts of inspection as meant in paragraph (3), not later than 3 (three) working days, shall have been conveyed by Heads of KANDEP or executors of tasks of Haed of KANDEP to Heads of KANWIL. Article 11 (1) Heads of KANWIL not later than 6 (six) working days as from the receipt of BAP as meant in Article 10 paragraph (4) shall issue API or reject applications. (2) Addresses contained in API shall be the same as addresses as meant in Article 9 of this decree, except addresses in KTP. (3) Letters of rejection issued by Heads of KANWIL as meant in paragraph (1) shall be conveyed to applicants, with copies made available to Heads of KANDEP. Article 12

6 (1) Models of application forms, BAP, API-U, API-P, reports on the realisation of imports, rejection of new API, rejection of renewal of old API, freezing of API, clearance of API, revocation of API and lists of code number of API of KANWIL shall be as contained in Attachments I, II, III, IV, V, VI, VII, VIII, IX, X, and XI to this decree. (2) Models of API, like specimens in Attachments III and IV to this decree shall be 29 cm in length, 19 cm in width and printed in thick papers having the logo of the Ministry of Industry and Trade. (3) API-U shall have a light blue colour and API-P shall have a light green colour. (4) Numbers of API shall consists of 9 (nine) digits : a. 2 (two) digits in front for code numbers of provinces; b. the following 2 (two) digits for code numbers of regencies/mayoralties; c. other 5 (five) digits for serial numbers of API issued. CHAPTER IV VALIDITY OF IMPORTER IDENTITY NUMBERS (API) Article 13 (1) API shall be valid for 5 (five) years, starting form the date of issue of API (2) API can be used for executing imports throughout the Indonesian customs areas. CHAPTER V OBLIGATIONS OF HOLDERS OF API Article 14 Companies owning API shall be obliged to report the following matters to Heads of KANWIL : a. business activities for one year; b. any change in names, forms of business entities, executives and addresses of companies; c. the closure of companies or termination of imports activities, followed by the return of original API. Article 15 With the occurrence of any change as meant in Article 14 paragraph b, Heads of KANWIL shall be obliged to replace with new API.

7 CHAPTER VI RENEW OF API Article 16 (1) API-U, API-P, APIS General and APIS Producer already issued before and/or on the date of stipulation of this decree must be renewed not later than 6 (six) months as from the date of stipulation of this decree. (2) APIS General and APIS Producers shall be renewed into API-U and API-P (3) The renewal of API as meant in paragraph (1) shall be obliged : a. to fulfill the requirements as meant in Article 9 of this decree; and b. to return original API as meant in paragraph (1). (4) API which are not renewed up to the deadline as meant in paragraph (1) shall be declared null and void. CHAPTER VII SANCTIONS Article 17 API shall be frozen in the case of companies which own API : a. being investigated in court sessions because they are charged with committing economic crimes and/or other actions connected with their business activities; and/or b. not fulfilling the obligations as meant in Article 14 paragraphs a and b. Article 18 API already frozen as meant in Article 17, can be cleared in the case of the holders : being declared not guilty/freed from all legal suits which has already had permanent legal power by attaching decisions of the court; and/or a. already fulfilling the obligations as meant in Article 14 paragraphs a and b. Article 19 API shall be revoked in the case of the holders : a. being declared guilty by the court which has already had permanent legal power; and/or b. not fulfilling the obligations as meant in Article 14 paragraph b not later than 30 (thirty) days, as from the date of freezing; c. not fulfilling the obligations as meant in Article 14 paragraph a twice. Article 20 (1) Companies whose API have already been revoked as meant in Article 19 of this decree can submit applications for securing new API after 5 (five) years, starting from the date of revocation.

8 (2) The applications for securing API as meant in paragraph (1) shall be obliged : a. to fulfill the provision as meant Article 9 of this decree; b. to return original API already revoked. Article 21 (1) The freezing, clearance and revocation of API as meant in Articles 17, 18 and 19 of this decree shall be done by Heads of KANWIL where API are issued. (2) Heads of KANWIL shall be obliged to convey letters of notification of freezing, clearance and revocation of API as meant in Articles 17, 18 and 19 of this decree to the relevant companies, with copies made available to the Director. CHAPTER VIII MISCELLANEOUS PROVISION Article 23 This decreee 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 October 5, 1999 THE MINISTER OF INDUSTRY AND TRADE sgd RAHARDI RAMELAN