The Minister of Industry (“Minister”) has issued various regulations that specifically set out procedures for the issuance of technical considerations (“Considerations”) for imports of certain products. One of these frameworks is Regulation No. 6 of 2024 (“Regulation 6/2024”), which sets out the applicable procedures for the issuance of Considerations for imports of electronic products. Regulation 6/2024 has been in force since 6 February 2024.

This new framework sets out a list of 78 electronic products along with their post-tariff/harmonized system (HS) codes, as comprehensively listed under the Appendix to Regulation 6/2024. Imports of these electronic products require import approvals to be secured from the Minister of Trade.[1] In order to secure import approvals, Considerations must first be secured from the Minister of Industry through the submission of prior applications by holders of General Import Identification Numbers (Angka Pengenal Importir Umum – “API-U”) and Manufacturer Importer Identification Numbers (Angka Pengenal Importir – Produsen – “API-P”).[2]

Against the above backdrop, this edition of Indonesian Legal Brief summarizes the various requirements and procedures that must be followed by holders of API-U and API-P in order to secure Considerations. Our analysis has been divided up as follows:

1. Requirements for Holders of API-U and API-P; and
2. Submissions of Applications and Amendments of Considerations

Requirements for Holders of API-U and API-P

Prior to the submission of applications for the issuance of Considerations, certain requirements have to be met by holders of API-U and API-P, as summarized in the table below:[3]

The above requirement that is marked with an asterisk does not apply to new industrial companies that have not yet entered the industrial data submission period.[4]

Submissions of Applications and Amendments of Considerations   

The following section will discuss the overall procedures for the securing of Considerations (for API-P or API-U holders that have yet to secure Considerations) and for the amending of Considerations (for API-P or API-U holders that have already secured Considerations) [“Amended Considerations”]. These procedures are illustrated in the flowchart below:

Considerations may only be issued once a year and will remain valid for one year after their dates of issuance. Moreover, relevant holders of API-U/API-P may submit Consideration applications for the following year during the current year.[5]

As briefly mentioned above, holders of API-U/API-P that have already secured Considerations for the current year may amend their Considerations in cases where changes are made to the relevant data (e.g. identities of API-U/API-P holders, post tariff/harmonized system codes, type of goods, etc.)[6] and/or import allocations. Amended Considerations are an integral part of previously issued Considerations.[7]

Submissions of applications for both Considerations or Amended Considerations mandate that certain measures must be performed, as summarized in the tables below:[8]

Measure 1: Filling Out of Certain Documents

Measure 2: Uploading of Certain Documents

Finally, it should be noted that holders of API-P/API-U who are already in possession of Considerations and/or Amended Considerations are required to utilize and/or distribute said imported goods based on their relevant purposes[9] otherwise said holders will be subject to the imposition of the following types of administrative sanctions:[10]

1. Rejection of Consideration application for the following year; and
2. Recommendation for an import approval revocation which will be submitted to the Minister of Trade.

Source : hukumonline.com