G/LIC/Q/IDN/26  
 
23 September 2013  
(13-5083)  Page: 1/2  
Committee on Import Licensing  Original: English  
 
IMPORT LICENSING SYSTEM OF INDONESIA 
QUESTIONS FROM THE EUROPEAN UNION AN D THE UNITED STATES TO INDONESIA 
The following communication, dated 20 September 2013, is being circulated at the request of the 
delegation of the United States. 
 
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In G/LIC/Q/IDN/25 , dated April 11, 2013, the European Union (EU) and the United States 
submitted questions to Indonesia regarding Indonesi a’s notification of two regulations (Regulations 
82 and 108 of 2012 – see G/LIC/N/2/IDN/13).  Th ese regulations involve Indonesia’s import 
licensing requirements for every imported cell phon e, handheld computer, and tablet computer.   
We have yet to receive responses to our questions and we request that Indonesia provide written responses to these questions as soon as possible. 
 
We understand, too, that Indonesia issued additi onal regulations related to Ministry of Trade 
Regulation 82 of 2012 and Ministry of Industry  108 of 2012, which adds to our concerns. 
 
  In May, the Ministry of Communication and Information issued Postel 5 which changed the 
product certification and testing requirements, and retroactively applied the change to March 2013.  The certificate is one of the documents needed to obtain the import permit.  
 
  While we acknowledge that Indonesia has notified this change to the TBT Committee, the 
Import Licensing Procedures Agreement requ ires that changes in import licensing 
procedures be notified to the Import Licensing Committee in accordance with the relevant 
articles of the Agreement, and that a copy of  the regulation, preferably in English, be 
provided to the Secretariat.  When will In donesia submit the requisite notification and 
documents to the Import Licensing Committee? 
 
  Are import licenses obtained prior to this change in certification still valid? If so, can 
companies import on the basis of the existing licenses? 
 
  We understand that the Ministry of Trade issu ed Regulation 38, which became effective on 
August 1, 2013, and which amended Regulation 82 of 2012.  In addition to responses to 
the questions we asked in G/LIC/Q/IDN/25 , we request Indonesia’s responses to the 
following questions about Regulation 38: 
o What is the legal status of Regulation 38?  Is the Regulation in force?  If so, is 
August 1 the date that the Regulation came  into force?  Has the Regulation been 
published? 
 
o When will Indonesia notify the Import Licensing Committee about Regulation 38 
and provide a copy of the new Regulation to  the Secretariat (preferably in English) 
as the Import Licensing Procedures Agreement requires? 
 
  We understand that Regulation 38 has made some additions to the import approval (PI) 
application requirements for cellphones, hand held computers, and tablet computers.  
 G/LIC/Q/IDN/26 
 
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  o What are the procedures for an importer to receive designation as a Registered 
Importer of these products?  Where are those procedures published?  Please 
explain why these procedures are necessary to achieve Registered Importer status 
and how are they consistent with the Import Licensing Procedures Agreement. 
 
o We understand that Regulation 38 requires applicants to demonstrate at least 3 
years of experience as an importer and own at least 25 after –sales-service-centers in Indonesia.   Please confirm whether this is the case.  If so, please 
identify the specific provisions that establish this requirement.   In addition, please 
explain the purpose of this requirement, in light of Indonesia’s WTO obligations.   
  Are domestic producers of cellphones, handhe ld computers, and tablet computers required 
to meet the conditions set forth in Regulation 38? 
 
  We understand that Regulation 38 conditions the issuance of an import license on the 
registered importer’s (IT) commitment to develop “an industry” within three years of that importer’s registration as an importer of cellphones, handheld computers and tablet 
computers.  How does Indonesia define “an industry”?  What is the justification for such a 
requirement?  How is this requirement consiste nt with Article 1.2 of the Import Licensing 
Procedures Agreement? 
 
  We understand that Regulation 38 expands the reasons for revoking the approval of an 
importer as a registered importer.  Two of the reasons apparently include failure to 
establish “an industry” and “any breach in customs.”  How does Indonesia define “any breach in customs”? 
 
  There is a new provision (Article 24A), we understand, that provides for an exception to 
the regulation.  Under what circumstance would the government grant an exception?  
What procedure does the government follow to grant an exception; and where are this 
exception and all import licensing procedures affecting cell phones, handheld computers 
and tablet computers published?   
 
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