G/LIC/Q/IDN/29  
 
22 November 2013  
(13-6433)  Page: 1/3  
 Committee on Import  Original: English  
 
§NOTIFICATION UNDER ARTICLES OF THE AGREEMENT ON  
IMPORT LICENSING PROCED URES FROM INDONESIA1 
REPLIES FROM INDONESIA TO QUESTIONS FROM THE EUROPEAN UNION  
AND THE UNITED STATES2 
The following communication, dated 19 November 2013, is being circulated at the request of the 
delegation of Indonesia. 
 
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 Question 
 
While we acknowledge that Indonesia has notified  this change to the TBT Committee, the Import 
Licensing Procedures Agreement requires 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 Engl ish, be provided to the Secretariat. When will 
Indonesia submit the requisite notification and documents to the Import Licensing Committee? 
 
Answer  Indonesia will submit notification of the Regulati on of Minister of Trade No. 38/M-DAG/PER/8/2013 
concerning the amendment of the Regulation of  Minister of Trade No 82/M-DAG/PER/12/2012 on 
Provision of the Import of Cell phones, Hand held Computers and Tablet Computers, to the 
Committee on Import Lice nsing immediately.   
 
Question  
Are import licenses obtained prior to this change in certification still valid? If so, can companies 
import on the basis of the existing licenses?  Answer   
 
 The import licenses issued before the enactment of Regulation No. 38/M-DAG/PER/12/2013 is 
still valid. 
 Yes, companies can import on the basis of the existing licenses. 
 
Question 
 
We understand that the Ministry of Trade issued Regulation 38, which became effective on 1 August 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: 
 What is the legal status of Regulation 38? Is the Regulation in force? If so, is 1 August the date 
that the Regulation came into force? Has the Regulation been published? 
 
                                               
1 See Understanding on procedures for th e Review of Notifications (G/LIC/4). 
2 See document G/LIC/Q/IDN/26. 
 G/LIC/Q/IDN/29 
 
- 2 - 
 
  Answer   
 The Regulation of Minister of Trade No. 38/M-DAG/PER/12/2013 came into force on 1 August 2013, and the Regulation has been published.  
 
Question  
When will Indonesia notify the Import Licens ing 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?  
Answer   
 Indonesia will notify Regulation 38/M-DAG/PER/12/2013 to the Committee on Import  Licensing 
immediately. 
 Question 
 
We understand that Regulation 38 has made so me additions to the import approval (PI) 
application requirements.  
- What are the procedures for an importer to re ceive 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. 
 Answer  
 
Article 4 of the Regulation No. 82/M-DAG/PER/12/ 2012, regulates provision to obtain Registered 
Importer for cell phones, handheld computers, and tablet computers.    
Those procedures published on website: http://inatrade.kemendag.go.id/ .  
  
The requirements have been consistent with Import Licensing Procedure Agreement, because 
license can be issued easily, besides straightly done in on-line system and the time of its 
completion is only two days after the application received correctly and the regulation is open to other conveniences. 
 
Question  We understand that Regulation 38 requires applicants to demonstrate at least 3 years of 
experience as an importer and own at least 25 af ter – sales-service centres 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 purpos e of this requirement, in light of Indonesia’s 
WTO obligations. 
 Answer   
 
 Confirm. 
 The reason of the requirement to demonstrate at least 3 years experience as an importer is 
expected that import shall be done by professional importers.  
 The requirement of own at least 25 after-sales-service centers in Indonesia was intended to 
provide after-sales services that reach most areas in Indonesia so that consumers can be protected.  
 This provision is in compliance with the provisions of the WTO because this provision aimed to 
protect consumers, license can be issued easily and the time of its completion is only two days after the application received correctly.  
 G/LIC/Q/IDN/29 
 
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  Question 
 Are domestic producers of cell phones, handheld computers, and tablet computers required to meet the conditions set forth in Regulation 38? 
 
Answer   
  
Yes, it is treated equally to domestic producers. 
 Question  
We understand that Regulation 38 conditions the is suance 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 cell phones, handheld computers and tablet computers. How does 
Indonesia define “an industry”? What is the justification for such a requirement? How is this 
requirement consistent with Article 1.2 of the Import Licensing Procedures Agreement?  
Answer   
 The definition of industry is set in Law No. 5/1 984 concerning Industry. The justification of the 
requirement of 3 years is to create a condusive investment climate for new industries  
 
Question  
We understand that Regulation 38 expands the reas ons 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”? 
 
Answer   
  The violation of customs is regulated by Law 5/ 1995 on Customs which has been amended by Law 
No. 17/2006 on the amendment of Law No. 5/1995.   
 Question 
 
There is a new provision (Article 24A), we understand, that provides for an exception to the regulation. Under what circumstance would the go vernment grant an exception? What procedure 
does the government follow to grant an exceptio n; and where are this exception and all import 
licensing procedures affecting cell phones, handheld computers and tablet computers published?  Answer  
 
Any exception of the Regulation shall be regula ted or amended by Trade Minister Regulation.  
 
 
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