After the enactment of Minister of Trade Regulation No. 70/M-DAG/PER/9/2015 on Importer Identification Number (Regulation 70), the Ministry of Trade (MOT) recently issued a draft of a new regulation that may restore the previous exemption (API-P holders can import finished goods) which had been removed by Regulation 70. If this draft is passed to become a new regulation, API-P holders can continue to or re-import manufactured (finished) goods as complementary goods, test market goods, and goods for after-sales service to be traded subject to obtaining an import approval from the MOT.
This new proposed regulation may resolve the issue that arises from the issuance of Regulation 70 that removes the exemption for API-P holders to import manufactured goods under certain criteria (i.e. test market goods and complementary goods) to be traded after obtaining a Producer Importer (PI) license from the MOT.
The concept for importing manufactured goods to be used as test market goods, complementary goods or goods for after-sales service in the new regulation is generally the same as previously stipulated under Minister of Trade Regulation No. 27/M-DAG/PER/5/2012 on the Provisions of Importer Identification Number as lastly amended by Minister of Trade Regulation No. 84/M-DAG/PER/12/2012. However, there is no specific terms of Producer Importer, the draft introduces the new term of Import Approval (IA) from the MOT to import manufactured goods to be used as test market goods, complementary goods or goods for after-sales service. So, the imported manufactured goods can be traded and transferred to other parties after obtaining an IA (not PI license) from the MOT.
As you can see from the above, while complementary and test market products are already acknowledged under the previous PI license regime, after-sales service is the new criteria which may be introduced. Products under after-sales criteria must meet the following requirements (i) must be in new condition, (ii) can not be fully produced by the API-P holder, or their availability in the local market is still limited, and (iii) the imported product is in line with the business license of the API-P holder. We may know further information on this matter once the regulation is issued.
API-P holders can import manufactured goods as test market goods, complementary goods or goods for after-sales service for the development of their business, and can trade and transfer those manufactured goods to other parties after obtaining an IA from the MOT.
The criteria for test market goods that can be imported by API-P holders are as follows:
The criteria for complementary goods that can be imported by API-P holders are as follows:
The criteria for goods for after-sales services that can be imported by API-P holders are as follows:
API-P holders may apply for an IA through online application at this link on the Ministry of Trade's website, and submit the following documents:
Once API-P holders obtain an IA, API-P holders are obliged to submit a report regarding the import activity through the online system every three months.
IA can be revoked if the API-P holder:
If this draft regulation is realised to become a new regulation, API-P holders can consider to apply for an IA once their PI license has expired (or maybe before it expires), so API-P holders can keep importing finished goods.
This new proposed regulation is likely to be welcomed by API-P holders as it restores the exemption for API-P holders to import manufactured goods as test market goods, complementary goods or goods for after-sales service to be traded to other parties, which previously was removed by Regulation 70.
Especially in the pharmaceutical sector, after the enactment of Regulation 70, this new proposed regulation will resolve the dilemma faced by pharmaceutical manufacturing companies as the ones who can hold marketing authorisations over drugs under the prevailing Ministry of Health regulations, to import finished drugs since most of them (if not all) are API-P holders.
Hadiputranto, Hadinoto & Partners, Member of Baker & McKenzie International - 7th December 2015
Contribution to GDP: 18% (2015)
Sector Growth: 5.5% (yoy, 2015)
Number Employed in the Sector: 16 million (2016)
Highest Minimum Wage by Province: 3,350,000 IDR/month (DKI Jakarta)
Lowest Minimum Wage by Province: 1,631,245 IDR/month (West Nusa Tenggara)
Main Areas: Automotive, Electronics, Textile & Garment, Footwear, Food & Beverages, Metal Products, Chemicals.
Main Export Markets: USA, Japan, China, Turkey, South Korea, Germany, Singapore, Thailand, Philippines, Saudi Arabia, Malaysia.