G/LIC/Q/IDN/27  
 
7 October 2013  
(13-5396)  Page: 1/6  
Committee on Import Licensing  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 30 September 2013, is being circulated at the request of the 
delegation of Indonesia. 
 
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Question 
Article 2 of Regulation 82 appears to require that every imported cellular phone, handheld 
computer and tablet computer be determined to comply with the provisions of: "a. standards and/or technical requirements;" and, "b. labelling requirements."  
 By what means does Indonesia make that determination and what criteria does it use?   
 Is this determination made as pa rt of the licensing process?   
 Are domestically-produced cellular phones, handheld computers, and tablet computers 
required to comply with those provisions? 
Answer 
 Standard and/or technical requirements on this provision were adopted from international 
standards. The criteria of standard and/or te chnical requirement was regulated under Minister 
of Communication and Information Technolo gy Decree No. 29 /PER/M.KOMINFO/09/2008. 
Meanwhile the criteria of labeling were regulated under Minister of Trade Regulation No. 2/M-DAG/PER/12/2009 jo. No. 22/M-DAG/PER/5/2010. 
 Certification of Labeling and standard and/or technical requirements is one of the 
documentation that shall to fulfill before submitted import license application. 
 Labeling and standard and/or technical requirements applied both for local and import 
products. 
Question 
Article 3 of Regulation 82 appears to provide that only a company that has obtained an "IT of 
Cellular Phones, Handheld Computers, and Tablet  Computers" designation from the Minister of 
Trade is allowed to import Cellular Phones, Ha ndheld Computers, and Tablet Computers.   
 What is the purpose of this requirement that companies/importers must obtain the "IT" 
designation?  
 For purposes of Regulation 82, how does Indonesia define "company"?  How does 
Indonesia define "importer"?  Who, exac tly, must obtain the IT designation? 
 How is this requirement different from the requirement under Ministry of Trade 
Regulation 59 of 2012 to obtain a designation either as a general importer or a producer 
importer?  Is an importer of cellular phones, handheld computers and tablet computers required to obtain designation under Regulation 82 in addition to Regulation 59?  
                                               
1 See Understanding on procedures for th e Review of Notifications (G/LIC/4). 
2 See document G/LIC/Q/IDN/25. G/LIC/Q/IDN/27 
 
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   Are domestic companies required to obtain the "IT" designation in order to sell Cellular 
Phones, Handheld Computers, and Tablet Computers in the Indonesian market?  If so, please provide the relevant legal instruments.    
Answer 
 The purpose of companies/importers must obtain the registered importer ("IT") designation is 
to monitor and control, to protect consumer and to build well administrative for import of cellular phone, handheld and tablet computer. 
 Company is any form of business entity having its business activities in the trade sector which 
include importing goods into the customs territory  of Indonesia that is fixed, sustainable, 
established, work and domicile within the territo ry of the republic of Indonesia for the purpose 
of acquiring benefits and or profit. 
Importer is a company that will import of cellular phone, Handheld Computers and Tablets 
Computers into Indonesian teritory. 
Importer must obtain the IT designation. 
 Minister of Trade Regulation No. 59/M-DAG/PER/9/2012 regulates the provision of how 
companies will get the Importer Identity Number  (AP I ). AP I  is  one  of d ocume ntations  that 
shall to fulfilled before submitting application for securing the appointment as IT as regulated 
under Art. 4 of Minister of Trade Regulation No. 82/M-DAG/PER/12/2012. 
Importer Registration Number (API) is one of documentations that shall to fulfilled before submitting application for securing the appointment as IT. 
 Registered Importer (IT) is dedicated to company that will import of cellular phone, Handheld 
Computers and Tablets Computers whether for domestic companies or foreign companies. 
Question 
Article 4 appears to require that a company file a number of documents in order to be determined 
as "IT of Cellular Phones, Handheld Computers, and Tablet Computers".  
 Must domestic producers file all such documents? 
 Please describe why a company must submit such extensive documentation to obtain “IT” 
status.   
 Please explain why Indonesia appears to require that importers use at least three 
distributors to obtain the IT determination.  What is the rationale for this requirement? It seems that the Indonesian government wants to increase this figure to fifteen distributors: 
can you please confirm? What is the rationale for this increase?   Please also explain the 
purpose of the requirement that a compan y prove three years of experience as a 
distributor.  Also, please provide a rationale for requiring three years of experience as an 
importer.  
 Article 4 also appears to provide that if a written application is "not complete and correct," 
the Director General will notify the applicant of the rejection within a maximum of five 
working days after the Director General has received the application.  
o How does Indonesia treat minor errors and typos in the application?  
o What procedures must an applicant undertake to be granted a written explanation 
for disapproval of the application?   
o Does the applicant have the right of appeal?  If so, what procedures are required 
for the applicant to exercise the right to appeal?   
o Is an applicant permitted to amend a “not complete and correct” application?  If 
so, how much time does the applicant have to submit such an amendment? How 
much time is required for the government to review the amended application?   
Answer 
 This provision does apply to domestic producers in order to obtain IT. 
 To provide certainty and as an evidence that company has competency and able to import of 
those products. 
 the requirement is necessary in order to facilita te the distribution of cellular phone, handheld 
computer and tablet computer to all areas of Indonesia which consist of west, east and central 
Indonesia. We have no discussion on increasing the required number of distributors yet. G/LIC/Q/IDN/27 
 
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  o  Art. 4 (2) of Minister of Trade Regulation  No. 82/M-DAG/PER/12/2012 stated that if the 
application submitted by company not proper and complete, Director General will send notice of refusal to applicant at longest 5 (five) days since the application is accepted. 
o  Art. 4 (2) of Minister of Trade Regulation  No. 82/M-DAG/PER/12/2012 stated that if the 
application submitted by company not proper and complete, Director General will send 
notice of refusal to applicant at longest 5 (five) days since the application is accepted. 
o  The applicant may re-submit the application by completing the required documents to the 
Director General of Foreign Trade Ministry of Trade. 
o  Yes, It is. 
There is no time limit for applicant to re-submit the application and required documents. 
The Government will process the application in 5 (five) working days since all required 
documents appropriately and completely submitted. 
Question 
Article 5 of Regulation 82 appears to provide that the "IT" determination applies for 2 years.  Does 
2 years begin from the date of issu ance of the "IT" determination?  If not, from what date does the 
"IT" determination begin? 
Answer 
The validation of Registered Importer (IT) designation is 2 (two) years starting from the date of 
issuance. 
Question 
Article 6 appears to require that a company obtain not only an IT designation, but also a "PI 
[import permit] of Cellular Phones, Handheld Computers, and Tablet Computers from the 
Minister".   
 Why must an importer follow all the procedures contained in Article 7 to obtain PI status as 
well as the procedures required to obtain the Registration Certificate of Imported Products 
(TPP)? 
 What is the difference among the IT, PI and TPP?  What different purposes, if any, do they 
serve? 
 Can Indonesia explain whether these requir ements are no more administratively 
burdensome than necessary? 
Answer 
 Article 7 is very important as the aim of the Regulation is product quality assurance and 
consumer protection. 
 IT is an importer registration that is one of requirements for PI and TPP. 
TPP is a letter from the Ministry of industry which contains a trademark registration, type, 
number and IMEI mobile phones, handheld comp uters and tablet computers from a company. 
PI is an import license for cell phones, handheld computers and tablet computers based on 
TPP. 
 This requirement is not burdensome administratively; because the majority of the 
requirements alrerady existed before the issuance of the Ministry of Trade decree no. 82/2012. Furthermore, in the framework of consumer protection, it is necessary to ensure 
the fulfillment of the technical requirements. 
 
Question 
Article 7 appears to set forth extensive documentation requirements to obtain "PI". 
 Please explain the purpose of requiring each of these documents.  
 In particular, Article 7(1)(e) appears to requ ire submission of a consularized "proof of 
appointment".  What is the purpose of this requirement? 
 Article 7(1)(f) appears to require submission of a 1 year import plan in order to obtain the 
PI. What is the purpose of this requirement? 
 What is the purpose of the PI? Why is it required? How does Indonesia justify its WTO 
compatibility?  G/LIC/Q/IDN/27 
 
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   How long does it take to handle a PI request? We hear it takes 90 days, can you please 
confirm? Does Indonesia consider this timing to be WTO compatible?  
Answer 
 To monitor and to control, to protect consumer and to build well administrative for import of 
cellular phone, handheld and tablet computer. 
 The purpose of the terms of this designatio n is to ensure that cell phones, handheld 
computers and tablet computers are imported from IT comes from a source that is legal and 
assured in quality. 
 The import plan aims to see projections of the company within 1 year and as a tool for the 
analysis of the Government. 
 PI is the import licenses for importer who have been granted to import cellular phones, 
handheld computers, and tablet computers into In donesia. PI is required as the legality of 
cellular phones, handheld computers, and tablet computers. PI is a simple requirement that can be obtained within 5 working days after all required 
documents appropriately and completely submitted.  
This provision can be justified under Article 1 para 5 and para 6, and Article 2 para 2(a)(iii) Agreement on Import Licensing Procedures, Annex 1 of GATT 1994. So, we believe this 
regulation is consistent with the provisions under WTO Agreement. 
 Art. 7(2)a of Ministry of Trade Regulation  No. 82/M-DAG/PER/12/2012 stated that the 
Director General will issue Import Permit (PI)  of Cellular Phones, Handheld Computer and 
Tablet Computers not later than 5 (five) working days after all required documents 
appropriately and completely submitted. 
Question 
Article 8 appears to provide that the "validity of PI … intended in Article 7 paragraph 2(a) is 
adjusted to the validity of the TPP of Import."   
 Does this mean that the validity periods for the PI and the TPP must be the same?  
 What is the validity period of the TPP?   
 How does the validity period of the PI relate to  the validity period of 2 years for the IT?   
Answer 
 Yes, it does. 
 Art. 10 (1) of Minister of Industry Regulati on No. 108/M-IND/PER/11/2012 stated that TPP 
valid for 1 (one) year since the issuance. 
 There is no correlation between the validity of IT and PI. 
Question 
Article 9 appears to provide that "Cellular Phones, Handheld Computers, and Tablet Computers 
imported by IT of Cellular Phones, Handheld Computers, and Tablet Computers can only be traded and/or transferred to the Distributor."  Furtherm ore, Article 9 appears to provide that Cellular 
Phones, Handheld Computers, and Tablet Computers imported by IT of Cellular Phones, Handheld 
Computers, and Tablet Computers are "forbidden to be traded and/or transferred to the consumer 
or the retailer".   
 What is the purpose of these requirements? 
 Does Indonesia require domestically-produced cellular phones, handheld computers, and 
tablet computers to be sold through a distributor? 
Answer 
 To facilitate the distribution of cellular phone to  all Indonesian territory and ease accessibility 
of consumers to buy those products as well as in terms of claims a warranty / service center.  
 This requirement applies to both importers and domestic producers.  G/LIC/Q/IDN/27 
 
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  Question 
Article 10 appears to restrict the entry and releas e of Cellular Phones, Handheld Computers, and 
Tablet Computers to specified seaports and airpor ts.  What is the purpose of this restriction?  
Answer 
Determination of the destination port of import of those products is assigned based on the 
readiness of both infrastructure and its resources, so there is no restriction on destination port in this case.  
Question 
Article 11 relates to the entry and release of Cellular Phones, Handheld Computers, and Tablet 
Computers with regard to “Free Trade Zone and Free Port”.  Please clarify what this provision and its procedures are intended to accomplish. 
Answer 
The importation of goods to free trade zone and free port regulated under Government Regulation 
no. 10 Year 2012. Thus provision related to importation of Cellular Phones, Handheld Computers, 
and Tablet Computers to those areas under this Mini ster Regulation should follow this Government 
Regulation.  
Question 
Articles 12-16 address issues such as verification, technical inquiry, designation and role of the 
surveyor, surveyors’ collection of fees from IT of  Cellular Phones, Handheld Computers, and Tablet 
Computers according to an amount "determined by the cost benefit principle", and written reports 
submitted every month to the Ministry of Trade Director General on the outcome of the import 
transaction.  Article 14 appears to provide, "Verification or technical inquiry activities of Cellular Phones, Handheld Computers, and Tablet Computers by Surveyor do not diminish the authority of 
the Directorate General of Customs and Excise, Ministry of Finance to conduct customs inspection." 
 What is the purpose of the requirement for inspection by a government-appointed 
Surveyor at the point of loading?  Has the government appointed any Surveyors? How and 
by whom are the fees charged by Surveyors determined?  
 What is the purpose of requiring monthly reports from both the IT-designated company 
and the Surveyor?  
Answer 
 The purposes of this requirement are to give  certainty for the quality of those imported 
products complies with the import permit and other technical standard before they are shipped into Indonesia. 
A s  s t a t e d  u n d e r  A r t .  1 2  ( 2 )  o f  t h i s  r e g u l a tion, a verification and technical inquiry was 
conducted by Surveyor which is appointed by Government. The verification fee is determined by the Surveyor  with basis of benefit principle and it is paid 
by the importer. 
 The purpose of monthly report for IT-Designated is part of monitoring and evaluation system. 
Question 
Article 15: Please explain what the purpose of the import realization card is.  How is this 
information used? 
Answer 
The purpose of the import realization card is to record the realization of import and the remaining 
products that  have not been imported.  
Question 
Article 21: Please explain the circumstances under which imported cellular phones, handheld 
computers, and tablet computers would have to be re-exported.  G/LIC/Q/IDN/27 
 
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    Are importers able to appeal determinations th at a good must be re-exported? If so, what 
is the process for appeal? 
Answer 
The imported goods must be re-exported if they are found not comply with import licenses and 
other technical standards or other provisions under this regulation. 
  No, They are not. 
 
Question 
Article 24 appears to contemplate that "Technical guidelines for implementing of this Ministerial 
Regulation may be prescribed by the Director General."  Have any technical guidelines been 
prescribed?  If so, where are they published?   
Answer 
Ministry of Trade issued Director General of Foreign Trade Regulation No. 01/DAGLU/PER/2/2013 
dated on 28 February 2013 concerning the Technical Guidelines of Verification and technical 
tracing for import of Cellualar Phones, Ha ndheld Computers and Tablet Computers. 
Question 
While we do not have a copy of MOI Regulation 108, we understand that there are a number of 
requirements that have the potential to disrupt trade, including providing a product identification number for imported products a year in advance.   Furthermore, an MOI license appears to be 
required before the Ministry of Trade will issue an import license under Regulation 82.  When can 
we expect Indonesia to provide a copy of Regula tion 108 to the Secretariat, as required by the 
Import Licensing Procedures Agreement, so that Members have the opportunity to review and discuss it? 
Answer 
Minister of Industry Regulation No. 108 No. 108 /M-IND/PER/11/2012 can be accessed through 
http://www.kemenperin.go.id/ . 
  
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