PNB LAW FIRM. Introduction to Import and Trade Regulations and Product Licensing in Indonesia

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1 PNB LAW FIRM Introduction to Import and Trade Regulations and Product Licensing in Indonesia

2 Contents Introduction - Introduction of PNB Law Firm Companies Types in Indonesia - Local Company and Foreign Company (PMA) Import Licenses - Import s Identity Number (API) and Custom Registration Number (NIK) Trade Regulation and Product Licensing - Import without Import License, Restriction Questions

3 Introduction Philo Dellano, S.H., M.H. Managing Partner PNB Law Firm Legal, Permitting and Tax services International Client Base Construction companies from China, Japan and several European countries Expertise in Construction Establishment of construction companies, taxation in construction projects, construction employment

4 Company Types in Indonesia Limited Liability Company - Local Company (Indonesian shareholders) - Foreign Company (PMA foreign shareholders) Representative Office (Branch without investment) - General Representative Office (RO) - Trade Representative Office (TRO) - Foreign Construction Business Entity (BUJKA)

5 Import Licenses Construction Company (PT PMA) Importer s ID number (API-U or API-P) HS Code Based on Business License Customs registration number (NIK) Specific Licenses

6 General Importer s Identity Number (API-U) API-U and API-P Producer Importer s Identity Number (API-P) Trading purpose Companies that import certain goods for trading purpose Own use Import of goods which are used for: -Own capital goods -Raw materials -Auxiliary materials -Materials to support production No trade Imported goods cannot be traded, unless: -Market testing -Complementary goods -Used >2 years + import exemption

7 Document Requirements Document Requirements API-U Document Requirements NIK (in addition to API-U requirements) Deed Establishment and its amendments Decree of Minister of Law and Human Rights and its amendments Domicile letter Tax Registration (NPWP) Business License Company Registration ID/Passport of BOD & BOC Tax Registration BOD & BOC Bank Statement Recommendation from government trading official HS Code Financial Report Bank Statement Certificate of Accounting Manager Import Identification Number (API) Organization Chart Report of Audited of Customs (if any) Report of Tax Investigation (if any) ISO certificate (if any)

8 Import Without API Import Without Import License Temporary import Import of goods for limited amount of time (next slide) Repair products Exported products for the needs of repair and examination that are re-imported Samples / Promotion Sample and promotional products which are not for sale Personal goods There is a clear intended use for the goods to be temporary imported Statement Household goods and personal goods of expatriate workers

9 Temporary Import Requirements Temporary Import State of Goods The imported goods are not used up in function and form during the Temporary Import period Identification Easy to be recognized and have distinct characteristics, technical specifications Shape During Temporary Import period, shape does not changed essentially except because of the use Use There is a clear intended use for the goods to be temporary imported Statement The supporting documents of the goods clearly state that they will be re-exported

10 Import Restriction Requirements Temporary Import Category Import of Goods - Free Import Goods; - Restricted Import Goods; and - Prohibited Import Goods

11 Any Questions? WHAT WHY WHERE WHEN WHO HOW

12 THANK YOU FOR ATTENDING Presentations will be made available in two weeks time at presentations

The Guidance and Procedure of Investment Applications (Regulation of Chairman of the Investment Coordinating Board No.12 /2009)

The Guidance and Procedure of Investment Applications (Regulation of Chairman of the Investment Coordinating Board No.12 /2009) BY THE GRACE OF GOD ALMIGHTY THE CHAIRMAN OF THE INVESTMENT COORDINATING