APPENDIX I REGULATION OF THE INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2018 CONCERNING GUIDELINES AND PROCEDURES OF LICENSE AND INVESTMENT FACILITIES FORM OF BUSINESS LICENSE A. Form of Business license Form: BUSINESS LICENSE FORM I. APPLICANT S PARTICULARS 1. Company s Name : 2. Registration Number & Date of PM/NIB*) : a) for business sectors that have PM/NIB Registration 3. Business fields : 4. Taxpayer Identification Number (TIN) : 5. a. Establishment and Amendment Deed : (Name of Notary, Number and Date) b. Ratification of the Minister of Law & : Human Rights (Number and Date) 6. Central Office Address : - Phone number : - Facsimile : -105-
- E-mail : 7. Address of Project/Factory Location : - Phone number : - Facsimile : - E-mail : II. PROJECT REALIZATION truly state that our project is ready for commercial production/operation with the following data: 1. Production and Marketing Capacity Per Year: Types of Goods/Services Unit Capacity Remarks.. 2. When Starting Production/Operation : Month Year : : 3. Project Investment (Using Currency according to IP) a. Authorized capital : - Land purchase & clearing : - Building : - Machines & Equipment : -Etc. Sub Total : : b. Working Capital (for 1 turnover) : c. Total (a + b) 4. Land Use*) : m2/ha *) select one self-own -106-
use previous project rent 5. Funding Sources a. Owner's equity : b. Reinvested Profit : c. Loan Capital : - Domestic Loans : - Foreign loans : Total : 6. Company s Capital a. Authorized capital : b. Issued capital : c. Paid-up capital : 7. Participation in Corporate Capital (Rp/ US$)* Cross out unnecessary No Shareholder*) Address and Nominal Value of Country of Share*) Origin Foreign Participants (...%) Name: Name: Indonesian Participants (...%) Name: TIN: Name: TIN: Total *) NOMINAL value of shares is stated in Rupiah (Rp) or US$. units % **) **) Percentage of Total NOMINAL shares not to the number of shares -107-
8. Manpower : Foreign (M/F) Indonesia (M/F) a. Company s Management :.. - PT... : Board of Commissioners :.. Board of Directors :.. - Cooperative..: Management :.. b. Professionals :.. - Manager :.. - Experts :.. c. Direct Manpower :.. Total :.. III. STATEMENT That I, name:... in my capacity as a Company s Management of PT... hereby declares: 1. If in the implementation of this investment in the future has a negative impact on the community and the environment, the Company is willing to assume all the consequences, including compensation to the community. 2. I declare that this application was duly made, signed by the beneficiary on sufficient stamped duty, and I declare that I guarantee and are legally responsible for: a. The authenticity of all documents submitted, b. Suitability of all records/photocopies of data submitted with the original document, and c. The authenticity of all signatures listed in the application. -108-
,..20. Declarer, President Director, Stamp Duty Rp.6,000, -.. Full name, signature Position and company s seal The signatories of the application which includes STATEMENT must be carried out by the company s management. For very special and limited conditions, the signing can be done by company employees - one level below the position of the company's management, completed with: a. Letter from Company s Management stating an explanation of conditions that do not allow the Company s Management to sign the application and that the company s management knows and approves the application to be submitted; b. Task Order from the Company s Management; c. Copy of identity of the Company s management by showing the original; d. For the authorized party, it is proven by the personal identity and the last appointment letter as an employee by showing the original. -109-
B. Application Form for Amendment of Business license APPLICATION OF BUSINESS LICENSE AMENDMENT This application is submitted to the DPMPTSP Province, DPMPTSP Regency/Municipality, PTSP KPBPB, or PTSP KEK* to obtain approval for changes to the realization of investment previously stated in the Business license, and all changes. Company s Name The licenses that will be changed : PT. : are as follows: PROVISIONS BEFORE AFTER *) select one Notes: filled with the conditions to be changed before: the data of the provisions that will be changed as stated in the Licensing owned after: the data of the conditions desired by the company Reason for change:. STATEMENT That I, name:... in my capacity as a Company s Management of PT... hereby declares: 1. If in the implementation of this investment in the future has a negative impact on the community and the environment, the Company is willing to assume all the consequences, including compensation to the community. -110-
2. I declare that this application was duly made, signed by the beneficiary on sufficient stamped duty, and I declare that I guarantee and are legally responsible for: a. The authenticity of all documents submitted, b. Suitability of all records/photocopies of data submitted with the original document, and c. The authenticity of all signatures listed in the application.,. 20. Applicant, Signature and Company s seal Stamp Duty Rp. 6,000, - Name and Position of Signatory The signatories of the application which includes STATEMENT must be carried out by the company s management. For very special and limited conditions, the signing can be done by company employees - one level below the position of the company's management, completed with: a. Letter from Company s Management stating an explanation of conditions that do not allow the Company s Management to sign the application and that the company s management knows and approves the application to be submitted; b. Task Order from the Company s Management; c. Copy of identity of the Company s management by showing the original; d. For the authorized party, it is proven by the personal identity and the last appointment letter as an employee by showing the original. CHAIRMAN OF INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA, Signed THOMAS TRIKASIH LEMBONG -111-
APPENDIX II REGULATION OF THE INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2018 CONCERNING GUIDELINES AND PROCEDURES OF LICENSE AND INVESTMENT FACILITIES FORM OF REJECTION LETTER LETTER S HEAD OF AGENCY (according to authority) Number : Jakarta, Status : Attachment : Subject : Rejection of Granting Licenses * (in accordance with nomenclature) To. In connection with your application received at the BKPM dated... concerning application...* (in accordance with nomenclature), and by paying attention to: a....; -112-
b....; c. etc. We hereby convey that your application in terms of granting permission.* (in accordance with nomenclature) cannot be further processed, with the following reasons: 1.... 2.... 3. etc. o.b. THE MINISTER CHAIRMAN OF INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA,.. Copy: 1. The Minister of. (related technical ministry); 2. Etc. CHAIRMAN OF INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA, Signed THOMAS TRIKASIH LEMBONG -113-
APPENDIX III REGULATION OF THE INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2018 CONCERNING GUIDELINES AND PROCEDURES OF LICENSE AND INVESTMENT FACILITIES LICENSING REQUIREMENTS AND INVESTMENT FACILITIES No. Types of Licensing and Requirements Facilities 1. KPPA license 1. Copy of articles of association in English or translations in Indonesian; 2. Letter of Appointment acknowledged by the Indonesian Embassy/local Trade Attaché/local IIPC; 3. Letter of Intent acknowledged by the Indonesian Embassy/local Trade Attaché/local IIPC; 4. Letter of Statement from the Head of the Representative Office stating willingness to stay and only working as Head of the Representative Office, without conducting other business activities in Indonesia, it is -114-
acknowledged by the Indonesian Embassy/Trade Attaché/local IIPC; 5. Letter of Reference from the Indonesian Embassy/local Trade Attaché/local IIPC; 6. Proof of Head of Representative Office: a. if foreigner: passport b. if Indonesian citizen: ID Card and TIN; 7. 2 photographs of 4 X 6 cm in size (colored); 8. Power of attorney if the application is not made directly by Company s Management; 9. In the case of KPPA extension, added by: a. KPPA's license to be owned b. KPPA Report c. Supporting extension document 10. If there is a change, plus: a. KPPA's license to be owned b. KPPA Report c. Change support document 2. Branch Office License 1. Deed and Decree of the Parent Company 2. TIN of the Parent Company 3. Parent Company Business license 4. Deed of opening Branch Office and appointment of Branch Office Head 5. ID Card and TIN of the Branch Office Head 6. Statement of the location of the Branch Office -115-
business 7. In the case of Branch Office changes, attach: a. Branch Office license owned b. Report on the Realization of Branch Office Activities c. Change support document 3. Entry duty Facility on Import of Machines a. Facility application forms on the import of machines signed on sufficient stamp duty by the board of directors/company s Managements and company s seals, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. Copies of Establishment Deed. d. Copy of Investment Registration/Principle License/Investment License, new, expansion, or amendment/business Registration Number (NIB); e. Copies of business licenses (specifically for applications in the context of -116-
restructuring/modernization/rehabilitation); f. Copy of Customs Identity Number (NIK)/Customs Reference Number; g. A copy of the validated TIN and receipt of submission as a Taxable Entrepreneur (for industrial development) or a Letter of Inauguration for Taxable Entrepreneurs/PPKP; h. Copy of Importer Identification Number - Manufacturer (API-P); i. List of machines which includes, among others, types, HS Code, technical specifications, country of loading, estimated Total and price in detail per entry point port; j. Description of the production process that includes the type of raw material completed with a flow chart specifically for the processing industry or a brief description of the business field for the service industry; k. Calculation of production engine capacity adjusted to the type of production in the Investment Registration/Principle License/Investment License, either new, expansion, or amendment or Business license (specifically for applications in the framework (restructuring/modernization/rehabilitation); -117-
l. Layout of plant machinery layout or technical drawings of buildings/buildings for industries that produce services; m. Technical data or machine brochures; n. Receipt of the latest period of LKPM submission; and o. Permission or Recommendation Letter: 1. for integrated palm oil plantation companies, the processing industry must be completed with a Technical Recommendation of the Minister of Agriculture cq. Director General of Plantations that have been owned; 2. for rubber industry companies to become sheets, concentrated latex, crumb rubber, must be completed with a Technical Recommendation of the Minister of Agriculture cq. Director General of Plantations that have been owned; 3. for integrated sugarcane plantation companies with processing industries must be completed with Technical Recommendations of the Minister of Agriculture cq. Director General of Plantations that have been owned; -118-
4. Specific Principle Licenses for mining companies completed with Mining Business licenses (IUP) and for mining service companies completed with Mining Services Business licenses (IUJP) and Working Contracts with IUP owners; 5. The IUP as referred to in number 4 must be clean and clear from the Ministry of Energy and Mineral Resources (ESDM); and/or; 6. Other related technical ministries 4 Changes in the Determination of Entry duty Facilities on Import of Machines a. The facility change application form on the import of the machine is accompanied by an explanation of the reasons for the change in the import facility of the machine, signed on sufficient stamp duty by the board of directors/company s Managements and company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. List of machines which include, among others, -119-
types of HS Code, technical specifications, country of loading, unit, number and estimated price in detail per entry point port; d. Copy of Investment Registration/Principle License/Investment License both bare, expansion, and amendment/business Registration Number (NIB); e. Copy of Decree of the Minister of Finance concerning exemption of entry duty on imported machinery and/or changes thereof; f. Description of the production process that includes the type of raw material completed with a flow chart specifically for the processing industry or a brief description of the business field for the service industry; g. Calculation of production engine capacity is adjusted to the type and production capacity in the Investment Registration/Principle License/Investment License both new, expansion and change if there is a change in capacity; h. Layout of plant machinery layout or technical drawings of buildings/buildings for industries that produce services; i. Technical data (Invoice, Packing List, Bill of -120-
Lading (B/L) or Airways Bill/AWB, contract) or machine brochure; j. License or Recommendation Letter from the technical ministry if needed; k. Recapitulation of imported machinery; and l. Receipt of the latest period of LKPM submission. 5. Extension of the Period of Entry duty Facility on Import of Machines a. The application form for the extension of the facility period on the import of the machine accompanied by an explanation of the reasons for the non-realization of the import of the machine, is signed on sufficient stamp duty by the board of directors/company s Management and company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. Copy of Decree of the Minister of Finance concerning exemption of entry duty on imported machinery and/or changes thereof; d. Copy of Investment Registration/Principle -121-
License/Investment License, new, expansion, or amendment/business Registration Number (NIB); e. Recapitulation of imported machinery; and f. Receipt of the latest period of LKPM submission. 6. Transferring Recommendations in a. Application form for recommendation for the transfer of facilities that have been imported, the framework of Exports Return to the Imported Machine signed on sufficient stamp duty by board of directors/company s management and company s seals, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. List of machines which include, among others, types, technical specifications, quantities, unit units and destination countries; and d. A copy of the Decree of the Minister of Finance concerning exemption from entry duty on importing machines. e. A stamped statement signed by the Chief -122-
Contractor stating that the items will be transferred: 1. not pledged/guaranteed to other parties; 2. not in dispute with other parties, and/or 3. still in control of the company. 7. Move Location on an Imported Machine a. the location transfer application form for a machine completed with an explanation of the reasons for moving location to the facility, signed on sufficient stamp duty by the board of directors/company s Managements and company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. List of machines which includes, among others, types, technical specifications, quantities and unit units specified per project location that has undergone a change; and d. A copy of the Decree of the Minister of Finance concerning exemption from entry duty on importing machines. -123-
8. Entry duty Facility on the Import of Goods and Materials a. Facility application forms for Import of Goods and materials, signed on sufficient stamp duty by the board of directors/company s Managements and company s seals, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. Copy of business license/expansion license; d. Copy of Customs Identity Number (NIK)/Customs Reference Number; e. A copy of the validated TIN; f. API-P copy; g. List of goods and materials which include, among others, types of HS Code, technical specifications, country of loading, estimated quantities and prices in detail per entry point port; h. A copy of the Decree of the Minister of Finance concerning exemption from entry duty on imported machinery; -124-
i. Description of the production process that includes the type of raw material completed with a flow chart specifically for the processing industry or a brief description of the business field for the service industry; j. Calculation of goods and material requirements (material balance) for production adjusted to the type of production in the Business license/expansion license; k. Technical data or Goods and Materials brochures; l. Recommendations of the relevant technical ministries and Achievement Reports on the Level of Domestic Components (TKDN) of at least 30% (thirty percent) from independent surveyors, specifically for applications for raw material import facilities with a period of 4 (four) years; m. Report on the realization of imported machinery by submitting evidence in the form of Goods Import Declaration (PIB) which states the Decree of the Minister of Finance concerning Exemption of Entry duty on imported machinery and approval of goods issued by Directorate General of Customs and -125-
Excise; n. Receipt of the latest period of LKPM submission; o. Statement of stamped; and p. Proof of purchase of imported machinery in the country specifically for the application of raw material import facilities for the purchase of imported machinery in the country. 9. Changes in the Determination of Entry duty Facilities on the Import of Goods and Materials a. The facility change application form on the Import of Goods and Materials accompanied by an explanation of the reasons for the change in the Import of Goods and Materials, signed on sufficient stamp duty by the board of directors/company s Management and company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. List of goods and materials which include, among others, types of HS Code, technical specifications, country of loading, estimated -126-
quantities and prices in detail per entry point port; d. Copy of Decree of the Minister of Finance concerning exemption of entry duty on the Import of Goods and Materials owned; e. Description of the production process that includes the type of raw material completed with a flow chart specifically for the processing industry or a brief description of the business field for the service industry; f. Calculation of goods and material requirements (material balance) for production adjusted to the type of production in the Business license/expansion license; g. Goods and Material Control Card (if needed); h. Technical data or Goods and Materials brochures; i. Report on the realization of the Import of Goods and Materials by submitting evidence in the form of Goods Import Declaration (PIB) which includes a Decree of the Minister of Finance concerning Exemption of Entry duty on the Import of Goods and Materials and approval of goods issued by Directorate General of Customs and Excise or -127-
Recommendation from the Ministry of Industry Level of Domestic Components; j. Recapitulation of the realization of the Import of Goods and Materials; and k. Receipt of the latest period of LKPM submission. 10 Extension of Term of Entry duty Facility on Import of Goods and Materials a. Application form for the extension of the facility period for Import of Goods and materials along with an explanation of the reasons for the realization of the Import of Goods and Materials, signed on sufficient stamp duty by the board of directors/company s Management and company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. Copy of Decree of the Minister of Finance concerning exemption from entry duty on the Import of Goods and Materials owned; d. Copy of business license/expansion license; -128-
e. Recapitulation of the realization of the Import of Goods and Materials; f. Goods and Material Control Card (if needed); and g. Receipt of the latest period of LKPM submission. 11. Entry duty facility on import of capital goods a. Facility application forms for importing capital goods, signed on sufficient stamp duty by board of directors/company s Managements and company s seals, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. Copy of Investment Registration/Principle License/Investment License both bare, expansion, and amendment/business Registration Number (NIB); d. Copy of Customs Identity Number (NIK)/Customs Reference Number; e. A copy of the validated TIN; f. API-P copy; -129-
g. List of Capital Goods which includes, among others, types of HS Code, technical specifications, country of loading, estimated Total and price in detail per entry point port; h. Recommendations are accompanied by a Plan for Import of Goods (RIB) of project needs that have been approved and validated by Director General of Electricity, Ministry of Energy and Mineral Resources; i. Electricity Supply Business license (IUPTL) provided by the Ministry of Energy and Mineral Resources or the provincial government, in accordance with the laws and regulations in the electricity sector; j. In the event that a facility application is submitted by a Business Entity as referred to in Article 61 paragraph (3) letter b and c, the application must be accompanied by a power purchase agreement (PPA) or a finance lease agreement (FLA)) with PT PLN (Persero). k. In the event that a facility application is submitted by a Business Entity as referred to in Article 61 paragraph (3) letter d, the application must be accompanied by a Power Purchase Agreement (PPA) with an IUPTL -130-
holder who has a business area. l. Calculation of production engine capacity adjusted to the type of production in the Investment Registration/Principle License/Investment License both new, expansion, and amendment; m. Technical data or machine brochures; and n. Receipt of the latest period of LKPM submission. 12 Changes in the Determination of Entry duty Facilities for a. Application form for facility changes on the import of capital goods accompanied by an explanation of the reasons for the change in importing goods capital import facilities for capital goods, signed on sufficient stamp duty by the board of directors/company s Managements and company s seals, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. List of Capital Goods which includes, among others, types of HS Code, technical -131-
specifications, country of loading, estimated Total and price in detail per entry point port; d. A copy of the Decree of the Minister of Finance concerning exemption from entry duty on the possessed imported capital goods; e. Change of Goods Import Plan (RIBP) for project needs that have been approved and validated by Director General of Electricity, Ministry of Energy and Mineral Resources; f. Calculation of the capacity of production capital goods adjusted to the type and production capacity in the Investment Registration/Principle License/Investment License, both bare, expansion, and amendment/business Registration Number (NIB); g. Technical data or machine brochures; and h. Receipt of the latest period of LKPM submission. 13. Extension of Term of Entry duty Facility on Import of Capital Goods a. Application form for the extension of the facility period for importing capital goods accompanied by an explanation of the reasons for the realization of the capital goods import, signed on sufficient stamp duty by the board of directors/company s Managements and -132-
company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. A copy of the Decree of the Minister of Finance concerning exemption from entry duty on the possessed imported capital goods; d. Import realization report; and e. Receipt of the latest period of LKPM submission. 14. Handling Recommendations in a. Recommendation form for transfer of capital goods with facilities already imported, signed the Context of Export Returns on the on sufficient stamp duty by the board of directors/company s Management and possessed capital goods imported company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of -133-
BKPM; c. List of Capital Goods which include, among others, types, technical specifications, quantities, unit units and destination countries; and d. A copy of the Decree of the Minister of Finance concerning exemption from entry duty on the possessed imported capital goods. e. A stamped statement signed by the Chief Contractor stating that the items to be transferred: 1. not pledged/guaranteed to other parties; 2. not in dispute with other parties, and/or 3. still in control of the company. 15. Facility for Exemption or Relief of Entry duty and/or Exemption of Value Added Tax a. Facility application forms on the import of goods, signed on sufficient stamp duty by the board of directors/company s Managements and company s seals, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; -134-
c. Copy of Investment Registration/Principle License/Investment License, new, expansion, or amendment/business Registration Number (NIB); d. Copy of Customs Identity Number (NIK)/Customs Reference Number; e. A copy of the validated TIN; f. API-P copy; g. List of machines which include, among others, types of HS Code, technical specifications, country of loading, Total and estimated prices in detail per entry point port. h. Letter of Master list Recommendation from Directorate General of Mineral and Coal Ministry of Energy and Mineral Resources; and i. Receipt of the latest period of LKPM submission. 16. Amendment of Decision on Exemption or Relief of Entry duty and/or Exemption of Value Added Tax on Import of Goods a. The facility change application form for imported goods is accompanied by an explanation of the reasons for the change in the goods import facility, signed on sufficient stamp duty by the board of directors/company s Management and company s seal, as stipulated in the Regulation of the Chairman of BKPM; -135-
b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. List of machines which includes, among others, types, HS Code, technical specifications, country of loading, estimated Total and price in detail per entry point port; d. Copy of Decree of the Minister of Finance concerning exemption from entry duty on imported goods; e. Recommendation Letter from Directorate General of Mineral and Coal Ministry of Energy and Mineral Resources; f. Report on the realization of imports of goods in the current year; and g. Receipt of the latest period of LKPM submission. 17. Extension of Term of Exemption or Relief of Entry duty and/or Exemption of Value Added Tax on Import a. The application form for the extension of the facility period for Import of Goods accompanied by an explanation of the reasons for the realization of the import of the goods, signed on sufficient stamp duty by the board -136-
of Goods of directors/company s Management and company s seal, as stipulated in the Regulation of the Chairman of BKPM; b. Power of attorney with sufficiently stamped duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. Copy of Decree of the Minister of Finance concerning exemption from entry duty on imported goods; d. Recommendation Letter from Directorate General of Mineral and Coal Ministry of Energy and Mineral Resources; e. Report on the realization of imports of goods in the current year; and f. Receipt of the latest period of LKPM submission. -137-
18. Recommendation on a. Recommendation form for transfer of goods Transfer, Re-Export, with facilities that have been imported, signed or Destruction of Imported Goods that Get Exemption or Relief Facility for Entry on sufficient stamp duty by board of directors/company s management and company s seals, as stipulated in the Regulation of the Chairman of BKPM; duty and/or b. Power of attorney with sufficiently stamped Exemption of Value Added Tax on Imported Goods duty for handling applications that are not done directly by the board of directors/company s Managements, as stipulated in the Regulation of the Chairman of BKPM; c. Photocopy of Working Contract and PKP2B which includes provisions concerning customs and/or tax facilities; d. Photocopy of Decree of the Minister of Finance concerning the granting of facilities for exemption or relief of import duties and/or exemption of Value Added Tax on transferable goods along with Attachments to the Decree of the Minister of Finance referred to which lists items to be transferred/reexported/destroyed; e. Photocopy of import notification of goods that have obtained the registration number; -138-
f. list of items to be transferred/reexported/destroyed; g. a stamped statement signed by the Chief Contractor stating that the items to be transferred: 1. not pledged/guaranteed to other parties; 2. not in dispute with other parties, and/or 3. still in control of the company; h. a statement from the relevant agency and enclosed with evidence supporting force majeure, in the case of transfer and carried out due to force majeure; i. Decree of the Minister of Finance concerning granting facilities for exemption or relief of import duties and/or exemption of value added tax on the name of the party receiving transfer, in the case of transferring to fellow recipients of exemption or relief of import duties and/or exemption of value added tax; and j. photographs of items to be transferred/reexported/destroyed. 19. Application for Tax Allowance Facilities a. Letter of Application for Tax Allowance Facility signed on sufficient stamp duty by the Taxpayer's management; -139-
b. sufficient power of attorney; c. recording of Investment Registration/Principle License/Investment License both new, expansion, or amendment issued by BKPM or DPMPTSP Province, DPMPTSP Regency/Municipality, or Business Registration Number (NIB); d. Copy of the validated TIN; e. recording of the deed of establishment of the business entity and its amendment completed with approval/approval from the Minister of Law and Human Rights or the District Court; f. details of fixed assets that are separated between fixed assets that can obtain income tax facilities and those who cannot obtain income tax facilities in accordance with the format as stated in the Regulation of the Minister of Finance concerning the implementation of Government Regulations governing income tax facilities for Investment in Certain Business fields and/or in Certain Regions; g. an explanation of the company's investment financing sources along with supporting documents; and -140-
h. explanation of the fulfillment of qualitative requirements stipulated in the Regulation of the Technical Minister concerning the implementation of Government Regulations governing income tax facilities for Investment in Certain Business fields and/or in Certain Regions. 20. Recommended Giving Limited Stay Visa 1. List of Application Forms (Vitas Form)* Form signed by the Company s Management (Guarantor) or the proxy has sufficient duty and company seal 2. Copy of Investment Registration/Principle License/Investment License both new, expansion, or amendment issued by BKPM or DPMPTSP Province, DPMPTSP Regency/Municipality, or Business Registration Number (NIB) 3. Power of Attorney if the application is not made directly by Company s Management 4. Copy of the identity of the Company s Management or guarantor - if a foreign national: passport and/or IMTA - if the citizen: ID Card and TIN 5. Recording of the recipient's identity recommendation: passport -141-
21. Recommendation for Transfer of Status of Visit Stay Licenses to Limited Stay Licenses 1. List of Application Entries (Vitas Form)* Form is signed by Company s Management (Guarantor) or the proxy is sufficiently stamped and the company s seal. 2. Power of Attorney if the application is not made directly by Company s Management. 3. Copy of Investment Registration/Principle License/Investment License both new, expansion, or amendment issued by BKPM or DPMPTSP Province, DPMPTSP Regency/Municipality, or Business Registration Number (NIB) 4. Identity record Management of the guarantor company: - if a foreign national: passport and/or IMTA - if the citizen: ID Card and TIN 5. Copy of Visit License, IMTA and TIN Stay License and individual passports that transfer the status of a Residence License. 22. Recommendations for granting the status of a limited stay license as a permanent 1. List of Application Entries (Vitas Form)* Form is signed by Company s Management (Guarantor) or the proxy is sufficiently stamped and the company s seal. residence license 2. recording of Investment Registration/Principle -142-
License/Investment License both new, expansion, or amendment issued by BKPM or DPMPTSP Province, DPMPTSP Regency/Municipality, or Business Registration Number (NIB) 3. Power of Attorney if the application is not made directly by the Company s Management: 4. Identity record Management of the guarantor company: - if a foreign national: passport and/or IMTA - if the citizen: ID Card and TIN 5. KITAS Records for the last 3 years, IMTA and TIN as well as individual passports that transfer the status of Residence Licenses 23. Providing Quick Service for Investment Licenses 3 (Three) Hours related to Infrastructure in the Energy and Mineral Resources Sector 1. Oil and Gas Downstream Business Sector (1) Administrative requirements consist of: a. company profile; b. Taxpayer Identification Number (TIN); c. Company Establishment Deed and amendments that have been approved by the authorized agency; d. Investment Registration/Principle Proposal: Provision of Fast Service for Business License /Investment License both new, expansion, or amendment issued by BKPM or DPMPTSP Province, DPMPTSP -143-
Licensing 3 (Three) Hours related to Infrastructure in the Energy and Mineral Resources Sector Regency/Municipality, and/or Business Registration Number (NIB) e. Company Registration Certificate (TDP) for those who do not have a Business Registration Number (NIB); f. Company domicile certificate; g. principle approval from the Regional Government regarding the location for the construction of facilities and facilities; h. written statement above the seal regarding: the ability to fulfill the aspect of operational safety, occupational health and environmental management, as well as the development of local communities; readiness to be inspected in the field; the ability to fulfill the provisions of the prevailing laws and regulations the ability to receive appointments and assignments from the Minister of Energy and Mineral Resources to provide National Fuel Reserves and fulfillment of domestic fuels -144-
specifically for applications for business licenses while storing petroleum/bbm/lpg, petroleum processing, and general commercial petroleum/petroleum fuels (2) Technical requirements consist of: a. for Business licenses While Petroleum Storage/BBM/Processed Products/LPG/CNG/LNG, are as follows: Preliminary Feasibility Study; agreement on guarantee of funding support or letter of guarantee of other funding support; plan type, quantity and capacity, and location of storage facilities; plan for the implementation of the construction of storage facilities and facilities with a construction period of a maximum of 3 (three) years; and product plans and standards and product quality to be stored. Especially for LPG storage completed with: - design plan and technical specifications of LNG storage -145-
facilities/facilities, including LNG jetties and/or loading and unloading ports, configuration of the regasification process and technology and gas transmission and/or distribution pipelines to be used; and - guarantee agreement (MoU) of LNG supply. b. for Business license While Petroleum/Natural Gas Processing/Processed Products are as follows: Preliminary Feasibility Study; guarantee agreement (MoU) of funding support or letter of guarantee of other funding support; planned construction of facilities and processing facilities including refinery and configuration process technology that is used with a development period of a maximum of 5 (five) years; guarantee agreement (MoU) of supply of raw materials for -146-
Petroleum/Natural Gas/Processed Products; production plans, product standards and quality, and production marketing. Especially for the processing of natural gas which produces LNG processing products, the product is completed with an guarantee agreement (MoU) of the sale of LNG processing products c. for Temporary Business license General Trading Petroleum/BBM/Processed Products are as follows: Preliminary Feasibility Study; Tenure of Facility or Contract for Lease Agreements Renting facilities and facilities for General Trading of Petroleum/BBM/Processed Products notarized; certificate of planned commercial facilities used in general commercial business activities Petroleum/BBM/Processed Products; plan for the construction of -147-
commercial facilities and facilities and technology used with a period of development of a maximum of 3 (three) years; guarantee agreement (MoU) of funding support; agreement (MoU) on Petroleum/BBM/Processed Products Supply Guaranteed; plan for the standard and quality of Petroleum/BBM/Processed Products to be put into operation; the trademark plan for Petroleum/BBM/Processed Products that will be put into operation; commercial area plans, (large) consumers, and retailers. CHAIRMAN OF INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA, Signed THOMAS TRIKASIH LEMBONG -148-
APPENDIX IV REGULATION OF THE INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2018 CONCERNING GUIDELINES AND PROCEDURES OF LICENSE AND INVESTMENT FACILITIES FORM OF KPPA LICENSE 1. Form of Foreign Company Representative Office License LETTERHEAD REPRESENTATIVE OFFICE LICENSE OF FOREIGN COMPANY (KPPA) NUMBER: VALID UNTIL: NAME OF REPRESENTATIVE : HEAD REPRESENTATIVE OFFICE : ADDRESS TELEPHONE NUMBER :. FAX:.. NAME OF APPOINTING : -149-
FOREIGN COMPANY ADDRESS : ACTIVITIES : MANPOWER : Foreign: persons (..M/ F) Indonesia: persons (..M/ F) STATUS : NEW KPPA EXTENSION KPPA TO *) This KPPA license is given with the following provisions: 1. The representative office of the KPPA License owner must submit a periodic report to the Deputy for Investment Implementation Control, BKPM; 2. Submitting KPPA's change application if there is a change in provisions in the previous KPPA to the Deputy for Investment Services, BKPM; 3. KPPA's license will be revoked if it does not follow the applicable licensing rules/regulations. Issued at : PHOTOGRAPH 4x6 cm On :... ISSUING OFFICIAL (...) NIP Copies submitted to: 1. Minister of...; 2. Head of DPMPTSP Province 3. Head of DPMPTSP Regency/Municipality. -150-
2. Form of Amendment to Provisions for Foreign Company Representative Office License REPRESENTATIVE OFFICE LICENSE OF FOREIGN COMPANY (KPPA) Number : Registration Type : Amendment 1. Name of Appointing Foreign Company : 2. Data Change (become) PROVISIONS. BECOME... Approval of the changes stated in the Amendment License is an integral part of the Foreign Trade Company Representative Office License (KPPA) No... dated... Other matters that are not stated in this Amendment License, as long as they do not conflict with or are still in the provisions as determined by the Government in the previous license, shall remain valid as they are. Issued at : PHOTOGRAPH 4x6 cm (if there is a change in the name of the representative head) On :... ISSUING OFFICIAL (...) NIP -151-
Copies submitted to: 1. Minister of...; 2. Head of DPMPTSP Province 3. Head of DPMPTSP Regency/Municipality. CHAIRMAN OF INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA, Signed THOMAS TRIKASIH LEMBONG -152-
APPENDIX V REGULATION OF THE INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2018 CONCERNING GUIDELINES AND PROCEDURES OF LICENSE AND INVESTMENT FACILITIES FORM OF BRANCH OFFICE LICENSE 1. Form for Opening Branch Office License OPENING BRANCH OFFICE Number: Parent Company Data 1. Company s Name : 2. Taxpayer Identification Number (TIN) : 3. Business Registration Number (NIB) : 4. Central Office Address : Phone/Email : 5. Business license Number : Branch Office Data 1. Deed of Opening Branch Office ; 2. Name of Branch Office Head : -153-
3. Branch Office Address : Telephone/Email : Obligations for Holders of Licenses for Opening Branch Offices are stated overleaf. Issued at : On :... ISSUING OFFICIAL (...) NIP Copies submitted to: 1. Minister of...; 2. Head of DPMPTSP Province...; 3. Head of DPMPTSP Regency/Municipality... -154-
Branch Office Provisions The holder of the License for the Opening Branch Office has the obligation to comply with the following provisions: A. Legal Basis 1. Law Number 25 of 2007 concerning Investment; 2. Law Number 23 of 2014 concerning Regional Government; 3. Regulation of the Chairman of BKPM Number... Year... about... B. General Provisions 1. Branch Office activities are administrative. 2. It must follow the provisions of the Regional Spatial Plan; 3. The implementation of company activities at the Branch Office must follow the laws and regulations in accordance with the Parent Company's Business fields. 4. The company is obliged to carry out environmental provisions and other provisions in accordance with the Parent Company's Business fields. 5. Companies that want a change in the conditions stated in the Opening of this Branch Office, can apply for change. C. Obligations 1. Submit reports on Branch Office activities to its Parent Company 2. The holding company submits Branch Office report data in the Parent Company Investment Activities Report (LKPM) to the Chairman of the Investment Coordinating Board through the Deputy for Investment -155-
Control, Head of the DPMPTSP Province and Head of DPMPTSP Regency/Municipality according to the project location, as stated in the Chief Regulation BKPM Number... Year... concerning...; D. The provisions stated in the License for Opening Branch Office, at any time can be changed if the determination is incorrect or there is a mistake. -156-
2. Form of License for Change of Opening Branch Office OPENING BRANCH OFFICE Number Type :. : Amendment 1. Company s Name : 2. Data Change (to be) : PROVISIONS... BECOME... Approval of the changes stated in this Amendment License is an integral part of the Opening Branch Office License No... dated... Other matters that are not stated in the Amendment license, as long as they do not conflict with or are still in the provisions as determined by the Government in the previous license, shall remain valid as they are. Issued at : On :... ISSUING OFFICIAL (.) NIP Copies submitted to: 1. Minister of...; 2. Head of DPMPTSP Province...; -157-
3. Head of DPMPTSP Regency/Municipality CHAIRMAN OF INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA, Signed THOMAS TRIKASIH LEMBONG -158-
APPENDIX VI REGULATION OF THE INVESTMENT COORDINATING BOARD OF THE REPUBLIC OF INDONESIA NUMBER 6 OF 2018 CONCERNING GUIDELINES AND PROCEDURES OF LICENSE AND INVESTMENT FACILITIES FORM OF APPLICATION LETTERS FOR FACILITY ON IMPORT OF MACHINES Number : Attachment : Subject : Application for Facilities on Import of Machines To Chairman of BKPM By obtaining the Investment Registration/Principle Investment License/Investment License* from PTSP Center at BKPM/DPMPTSP Province/DPMPTSP Regency/Municipality* or Business Registration Number (NIB)* Number... dated... or Business license**...*** from the Ministry/LPNK/DPMPTSP Province/DPMPTSP Regency/Municipality /PTSP KPBPB/PTSP KEK* or Commercial License** Number... dated......, we are the management of: -159-
Company s Name Business fields Address : : : - Telephone : - Facsimile : - E-mail : submit an application to obtain a Facility for Import of Machinery in the framework of construction/development** industry/service industry* with estimated price of C&F/CIF US$... (in letters). This application is duly made, signed by the beneficiary on sufficient stamp duty and can be accounted for at any time including the documents/data both attached and submitted later. Thus, to be considered., 20 Applicant Stamp Duty Rp. 6,000, -. Clear name, Signature, Position, Company s Seal *) select one **) specifically for application of machine facilities in the context of restructuring/modernization/ rehabilitation filled with Business license Number/Commercial License Number ***) according to nomenclature -160-
Required Documents that need to be Uploaded in the Application for Facility on Import of Machines A. Latest documents that must be uploaded online in the corporate entity folder: 1. Investment Registration/Principle License/Investment License both new, expansion, and amendments from PTSP Center at BKPM/DPMPTSP Province/DPMPTSP Regency/Municipality or Business Registration Number (NIB) from OSS system or Business license/expansion license from Ministry/DPMPTSP Province/DPMPTSP Regency/Municipality/PTSP KPBPB/PTSP KEK or Commercial License from OSS system to request machine facilities in the framework of restructuring/ modernization/rehabilitation. 2. Copy of the Deed of Establishment of the Company and its amendments are completed with the ratification of the articles of association of the company and approval/notification of amendment, if any, from the Minister of Law and Human Rights. 3. Taxpayer Identification Number (TIN) that has been validated and a receipt for submission as a Taxable Entrepreneur (for industrial development) or a Letter of Inauguration of Taxable Entrepreneurs/PPKP (for the submission of machinery import facilities for industrial development/expansion). 4. Customs Identification Number (NIK)/Customs Registration Number or receipt of NIK application (for companies that do not have NIB). 5. Copy of Producer Importer Identification Number (API-P) (for companies that do not have NIB). 6. Receipt of the latest period of LKPM submission. -161-
B. Application requirements document uploaded online in the master list menu: 1. The facility application form for importing machines signed on the seal is sufficient by the board of directors/company s Managements and company s seals. 2. Power of attorney with sufficiently stamped duty for handling applications that are not made directly by the board of directors/company s management, (as stipulated in the applicable Regulation of the Chairman of BKPM), attaching a Copy of the identity of the authorizer and the attorney in fact. 3. List of machines covering types, HS codes, technical specifications, country of origin, number and estimated prices in detail per entry point port. 4. Description of the production process that includes the type of raw material completed with a flow chart specifically for the processing industry or a brief description of business activities for the service industry. 5. Calculation of production engine capacity adjusted to the type of production in the Investment Registration/Principle License/Investment License, either new, expansion, or amendment/business Registration Number (NIB) or Business license/expansion license/commercial License to request engine facilities in framework for restructuring/modernization/rehabilitation. 6. Notification of facilities from OSS, if they already have. 7. Layout plan of the factory machine or technical drawings of buildings/buildings for industries that produce services. 8. Technical data or machine brochures. -162-