G/LIC/Q/IDN/33/Add.1
27 October 2014
(14-6236)  Page: 1/2
Committee on Import Licensing  Original: English
 
 IMPORT LICENSING SYSTEM OF INDONESIA 
REPLIES FROM INDONESIA TO QUESTIONS FROM THE UNITED STATES 
Addendum 
The following communication, dated 23 October 2014, is being circulated at the request of the 
delegation of Indonesia. 
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1.  The United States thanks Indonesia for providing responses to our questions regarding Indonesia's import licensing requirements for cellphones, handheld 
computers and tablets, as containe d in documents G/LIC/Q/IDN/28 and 
G/LIC/Q/IDN/29.    
2.  We appreciate that Indonesia has now no tified Ministry of Trade (MOT) Regulation 
38/M-DAG/PER/8/2013 in document G/LIC/N/2/IDN/21 on 5 February 2014.  We continue to ask that Indonesia notify  Ministry of Industry Regulation 
No. 108/M-IND/PER/11/2012 as this contains key requirements for obtaining the 
import license. When can we expect Indonesia to notify this regulation?  We understand 
that Indonesia is considering amendments to Regulation 108 and would appreciate information about those changes. 
 
Answer: 
• Indonesia has notified the Ministry of In dustry Regulation No. 108/M-IND/PER/11/2012 
under Import Licensing on the document G/LIC/N/2IDN/13. 
• Currently there is no amandement regarding the Regulation No. 108/2012 yet. 
 
3.  In G/LIC/Q/IDN/29, Indonesia indicated th at "licenses can be issued easily, besides 
straightly done in on-line system and the time  of its completion is only two days after 
the application is received correctly and the re gulation is open to other conveniences."  
Please explain what is meant by "the regu lation is open to other conveniences." 
 
Answer: 
• In the Regulation No 82/2012 there is no online  registration system . This regulation has 
already amended with the Regulation  No. 38/2013. 
• In Regulation No. 38/2013 article 24 stated the ex cemption of provision by Minister of Trade 
with the recomendations from the relevance authorities.  
 
4.  Under MOT 38/2013, Indonesia also stated that:  
• "The reason of the requirement to demons trate at least 3 years of experience as 
an importer is expected that import sha ll be done by professional importers."  
Please explain how new entrants into the Indonesian market who want to import 
products qualify, especially given that In donesia is trying to "create a conducive 
investment climate for new industries." 
 
• “The requirement to "own at least 25 afte r-sales service centers in Indonesia was 
intended to provide after-sales services that reach most areas in Indonesia so 
that consumers can be protected."  Please explain how companies on the one G/LIC/Q/IDN/33/Add.1 
 
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  hand are required to provide after-sales service centers directly to the consumers 
but are not permitted to sell their products  directly to the consumer because they 
have to  "be traded and/or transferred to  distributors," under Article 9(1) of MOT 
Regulation 82/2012”.  
 
Answer: 
• The 3 years experienced requirement is design ated to distributors, not for importers.  
• For new Company that will be proposed to obtain Registered Importers (IT- Cellular Phone, 
Handheld and Tablet must have 3 years experience as a distibutors as stated in Ministry of Trade regulation No. 11/2006 regarding "Conditi ons and Procedures for the Issuence of 
regestration Letter for Agent or Distributor of Goods and/or Services". 
• Importers who get the appointment from the co mpanies are required to provide after-sales 
service centers as a guarantee for consumer to obtain their rights based on the Indonesian Consumer Protection Law No. 8/1999 Articles 25. 
 
5.  Indonesia indicated that domestic prod ucers must also meet the requirements set 
forth in MOT Regulation 82/2012 as amended by MOT Regulation 38/2013.  Please 
provide the regulations that lay out the requirements for domestic producers. 
 6.  The United States continues to have co ncerns about the requirement that registered 
importers (IT) commit to developing "an indust ry" within three years of that importer's 
registration.   
 
• Please provide a copy of Law 5/1984 that contains the definition of industry.  
 
• Also, please explain how mandating that im porters develop an industry "creates a 
conducive investment climate for new indust ries."  Is Indonesia considering other 
actions for creating a conducive investment  climate, including easing the licensing 
requirements for business? 
 
• We continue to seek an explanation of how this requirement is consistent with 
Article 1.2 of the Import Lice nsing Procedures Agreement. 
 Answer: 
• Law 5/1984 already reveked wwith Law No. 3/2014. The soft copy of Law 3/2014 can be 
accessed through http://www.regulasi.kemen prin.go.id/site/baca peraturan/1019. 
• To support the investment climate, Indonesia has issued several facilities such as tax 
allowance. Furthermore, other actions are bein g proposed by the Ministry of Industry for 
creating conducive investment, such as tax holidays. 
• We believe the requirement is consistent with Articcle 1.2 of the Import Licensing 
Procedures Agreement because it doesn’t generate any trade distortions. 
 
7.  Please also provide further explanation of how the Ministry of Trade intends to 
regulate or amend the regulation to provide exceptions.  Does Indonesia have plans to 
further amend this regulation?  As no ne w amendments have been issued, how are 
exceptions to MOT Regulation 38/2013 currentl y being determined by the Ministry of 
Trade?  
 
Answer: 
• Excemption will be given to the impoters as far as they obtain the recomendations from the 
relevant institutions as stated in th regulation No. 38/2013 Article 24 A. 
• Currently there is no amendement regarding the Regulation No. 38/2013. 
 
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