G/LIC/Q/IDN/31  
 
28 March 2014  
(14-1928)  Page: 1/2  
Committee on Import Licensing  Original: English  
 
  IMPORT LICENSING SYSTEM OF INDONESIA 
QUESTIONS FROM THE UNITED STATES TO INDONESIA  
 
The following communication, dated 26 March 2014, is being circulated at the request of the 
delegation of the United States.  
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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 
contained in documents G/LIC/Q/IDN/28 and G/LIC/Q/IDN/29.   
 2.  We appreciate that Indonesia has now noti fied Ministry of Trade (MOT) Regulation 38/M-
DAG/PER/8/2013 in document G/LIC/N/2/IDN/21 on February 5, 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.  3.  In G/LIC/Q/IDN/29, Indonesia indicated that “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 regulation is open to other conveniences.”  Please explain what is meant by “the regulation is open to other conveniences.”  
 
4.  Under MOT 38/2013, Indonesia also stated that:  
 "The reason of the requirement to demonstrate at  least 3 years of experience as an importer 
is expected that import shall be done by pr ofessional importers."  Please explain how new 
entrants into the Indonesian market who want to import products qualify, especially given that Indonesia is trying to "create a conducive investment climate for new industries." 
 
 The requirement to "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."  Please explain how companies on the one 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.  
 
5.  Indonesia indicated that domestic producers 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 concerns about the requirement that registered importers 
(IT) commit to developing "an industry" within three years of that importer’s registration.   
 
 Please provide a copy of Law 5/1984 that contains the definition of industry.  
 G/LIC/Q/IDN/31 
 
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   Also, please explain how mandating that importers develop an industry "creates a conducive 
investment climate for new industries."  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 Licensing Procedures Agreement.  
7. Please also provide further explanation of how the Ministry of Trade intends to regulate or 
amend the regulation to provide exceptions.  Do es Indonesia have plans to further amend this 
regulation?  As no new amendments have been issued, how are exceptions to MOT Regulation 38/2013 currently being determined by the Ministry of Trade?  
 
 
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