ProdukHukum Perdagangan 111.
DECREE OF THE
MINISTER OF INDUSTRY AND TRADE
NO. : 111/MPP/Kep/2/2002 DATED FEBRUARY 21, 2002
ON
CERTIFICATE OF ORIGIN OF INDONESIA'S
EXPORTED GOODS
THE MINISTER OF INDUSTRY AND TRADE OF
THE REPUBLIC OF INDONESIA,
Considering :
a. that with regard to various changes in the framework of regional autonomy and changes
in agreements concerning Certificate of Origin, either based on bilateral, regional, or
multilateral agreements, or the one decided unilaterally by certain countries, it is
necessary to review provisions on the Certificate of Origin od Indonesia's Exported
Goods;
b. that procedures for the issuance of Certificate of Origin as one of the documents on
exported goods, which has been valid to date, has not fully supported efforts to boost
exports;
c. that based on the matter specified in paragraphs a and b above, it is necessary to stipulate
a decree of the Minister of Industry and Trade regarding Certificate of Origin of
Indonesia's Exported Goods.
In view of :
1. Law No. 7/1994 on the Ratification of the Agreement on the Establishment of the World
Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No.
3564);
2. Law No. 22/1999 on Regional Administration (Statute Book of 1999 No. 60, Supplement
to Statute Book No. 3839);
3. Law No. 37/2000 on the stipulation of Government Regulation in lieu of Law No. 2/2000
on Sabang Free Trade Area and Free Port of Sabang into a Law (Statute Book of 2000
No. 252, Supplement to Statute Book No. 4054);
4. Government Regulation No. 1/1982 on the Implementation of Exports, Imports, and
Foreign Exchange Traffic (Statute Book of 1982 No. 1, Supplement to Statute Book No.
3210), which has been amended by Government Regulation No. 24/1985 (Statute Book
of 1985 No. 33, Supplement to Statute Book No. 3291);
5. Government Regulation No. 22/1986 on Bonded Zones (Statute Book of 1986 No. 30,
Supplement to Statute Book No. 3334);
6. Government Regulation No. 38/1994 on the Merger o Limited Liability Company
(Persero) PT Pengelola Kawasan Berikat Indonesia into Perusahaan Perseroan (Persero)
PT Kawasan Berikat Nusantara (Statute Book of 1994 No. 67);
7. Presidential Decree No. 260/1997 on the Affirmation of the Tasks and Responsibility of
the Minister of Industry and Trade in Foreign Trade;
8. Presidential Decree No. 58/1971 on the stipulation of officials authorized to Issue
Certificate of Origin;
9. Presidential Decree No. 34/1989 on the Ratification of Agreement on the Global System
of Trade Preference (GSTP) Among Developing Countries;
10. Presidential Decree No. 3/1995 on the Ratifiction of International Coffee Agreement of
1994;
11. Presidential Decree No. 85/1995 on the Ratification of the Protocol To Amend The
Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN
Free Trade Area;
12. Presidential Decree No. 228/M/2001 on the Establishment of the Mutual Cooperation
Cabinet;
13. Presidential Decree No. 102/2001 on the Status, Tasks, Functions, Authority,
Organizational Structure, and Working Arrangements of Ministries;
14. Presidential Decree No. 109/2001 on First-echelon Organizational Units and Tasks of
Ministries;
15. Minister of Finance's Decree No. 1012/KMK.00/1991 on Export Declaration, which has
been amended by Minister of Finance's Decree No. 87/KMK.01/1995;
16. Minister of Trade & Industry's Decree No. 124/MPP/Kep/5/1996 on the General
Provisions on Exports;
17. Minister of Trade & Industry's Decree No. 120/MPP/Kep/5/1996 on the Import and
Export of Goods from and into the Productions Entreports for Export Purposes (EPTE);
18. Minister of Trade & Industry's Decree No. 121/MPP/Kep/5/1996 on the Import and
Export of Goods from and into the Productions Entreports for Export Purposes (EPTE);
19. Minister of Trade & Industry's Decree No. 86/MPP/Kep/3/2001 on the Organization and
Working Arrangement of the Ministry of Industry and Trade.
DECIDES :
To revoke :
1. Decree of the Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on Certificate of
Origin of Indonesia's Exported Goods, which has been perfected by Decree of the
Minister of Industry and Trade No. 101/MPP/Kep/2/1998 on the Improvement of Decree
of Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on Certificate of Origin of
Indonesia's Exported Goods;
2. Decree of the Minister of Industry and Trade No. 327/MPP/Kep/10/1996 on the
Delegation of Seconded Tasks of Issuing of Certificate of Origin of Indonesia's Exported
Goods to the Regional Governments in Twenty Six (26) Pilot Second-Level Autonomous
Regions.
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON CERTIFICATES OF
ORIGIN OF INDONESIA'S EXPORTED GOODS.
Article 1
In this decree, what is meant by :
1. Certificate of Origin, which is hereinafter called "SKA" is a document based on an
agreement under a bilateral, regional, or multilateral contract, and unilateral agreement of
a certain country, that must be completed at the time exported goods will enter into the
area of a certain country, the certificate of which will evidence that the goods are
originated, produced, and/or processed in Indonesia.
2. SKA Form is a list on how to fill SKA, which is specified in Attachments I and II of this
decree and has been standardized either in form, size, paper color, purpose, and the
content in accordance with the provisions stipulated under a bilateral, regional, or
multilateral agreement, or decided unilaterally by a certain country.
3. Rules of Origin is the criteria/conditions required based on a bilateral, regional, or
multilateral agreement, or decided unilaterally by a certain country.
4. Issuing institution is an institution decided to issue SKA, i.e. :
a. The institution or service in charge of trading affairs within a provincial government,
hereinafter called provincial institution or service;
b. Institution or service in charge of trading affairs within a regency/city government,
hereinafter called regent/mayoralty institution or service;
c. PT. (Persero) Kawasan Berikat Nusantara, including their Jakarta branches;
d. The Management Board of Sabang Free Trade Area and Free Port (BPKS);
e. Tobacco Institution's branches in Surakarta, Medan, Quality Certification Agency
(BPSMB), and Tobacco Institutions in Surabaya and Jember;
f. Other institutions, which will be stipulated by the Minister of Industry and Trade.
1. Preference SKA is an SKA document as a prerequisite for obtaining preference to certain
exported goods in order to obtain facilities (in the form of exemption from import duty
partly or wholly), which is granted by a certain country/groups of countries as referred to
in Attachment IV to this decree.
2. Non-preference SKA is a document of SKA functioning as a supervisory document
and/or an attachment to the document of origin of goods, which shall be completed for
exported goods so that they can enter a territory of a certain country, as referred to in
Attachment V to this decree.
3. Verification is a process of investigation, which is implemented upon request of the
government of the export-destination country for the issuing institution, into the validity
of document and/or originality of the content of SKA.
Article 2
(1) SKA shall be issued upon request of an exporter or an other party requiring SKA, either
being obliged by the government of the export-destination country, or by the buyer.
(2) The issuance of SKA for certain exported goods, as specified in paragraph (1), must
comply with the origin of the goods that have been designated and other applicable
regulations.
(3) Exporters or other parties requiring SKA can file an application for the issuance of SKA
to the issuing institution, completed with the supporting documents, as follows :
a. For exports that must comply with general provisions regarding exports :
1)
Photo Copy of Export Declaration (PEB) issued by the Customs Office at the Port
of Loading; and
2)
Bill of Lading (B/L) or Air Way Bill, or other evidences, if the goods are not
exported by air or sea transportation.
b. Exports of goods not requiring compliance with the general provisions on exports, as set
forth in Article 1 of Minister of Trade's Decree No. 225/Kp/X/1995 in conjunction with
the said minister's Decree No. 317/MPP/Kep/9/1997 :
1)
Purchasing Invoice of Goods; and
2)
Photo Copy of Identity Card for Indonesian citizens or photocopy of passport for
expatriates/foreign tourists.
c. For goods set forth in paragraph (3).b, which are delivered by courier service companies,
the conditions specified in paragraph (3).b.2 can be replaced by a power of attorney
issued by owner of the goods.
d. Especially for the issuance of Forms A and D of the SKA, the exporters or other parties
requiring SKA, other than submitting the documents specified in paragraph (3).a, must
also furnish :
1) A statement and cost structure of goods by unit as in the format specified in
Atatchment VI to this decree;
2) With regard to similar exported goods, the application for the second SKA and so
forth shall be completed with :
(a)
A certificate regarding productions process of percentage of import/local
content; or
(b)
A confirmation letter of the Form A SKA Application as specified in
Attachment VII to this decree.
Article 3
(1) SKA applications only can be processed by the issuing institution if it is filled in the
English language, clearly, comprehensively, and accurately, complete with the supporting
documents set forth in Article 2 paragraph (3) of this decree.
(2) The issuing institution must examine the originality of the SKA content and completeness
of the documents furnished by the exporters or other parties requiring SKA.
(3) Regarding applications that have compiled with the conditions set forth in paragraph (1),
the issuing institution must issue SKA not later than one (1) working day from the date of
receipt of the application from the exporters or another party requiring SKA.
(4) With regard to applications that have not met the conditions set forth in paragraph (1), the
issuing institution must notify the applicant not later than one (1) working day from tha date
of receipt of the application from exporter or the party requiring SKA.
Article 4
(1) Procedures for the completion of the form of each type of SKA and the validity period of
SKA are as specified in Attachment VII to this decree.
(2) Exporters or other parties requiring SKA must be responsible for the originality of the
data and information contained in the SKA, as referred to in paragraph (1).
Article 5
(1) The authority and responsibility with regard to the issuance of SKA are decided as
follows :
a.
Within institutions or agencies in the provinces :
1) Head of institution or service;
2) Head of Trading Sub Agency acting as Substitut Official I;
3) Head of Exports Section within the Trading Sub Agency acting as Substitute
Official II.
b.
Within institutions or agencies in regencies/mayoralties :
1) Head of Sub-institution or service;
2) Head of Trading Sub Agency acting as Substitute Official I;
3) Head of Exports Section within the Trading Sub Agency acting as Substitute
Official II.
c.
:
Within PT (Persero) Kawasan Berikat Nusantara including their Jakarta branches
1) Director for Marketing and Services;
2) Head of Territorial Business Division acting as Substitute Official I;
3) Head of Documentation Division acting as Substitute Official II.
d.
:
Within the Management Board for Sabang Free Trade Area and Free Port (BPKS)
1) Deputy for Trading and Industrial Services;
2) Deputy for Financial Affairs acting as Substitute Official I;
3) Head of License and Promotion Division acting as Substitute Official II.
e.
Regarding SKA for Tobacco (Certificate of Authenticity), within the Tobacco
Institutions Surakarta and Medan branches :
1) Head of the Tobacco Institution;
2) Examiner acting as Substitute Official I;
3) Tobacco Institution Secretary/Examiner acting as Substitute Official II.
f.
Regarding SKA for Tobacco (Certificate of Authenticity), within the Quality
Certification Agency (BPSMB) and Tobacco Institutions in Surabaya and Jember :
1) Head of the Quality Certification Agency and Tobacco Institution;
2) Head of the Examining Section acting as Substitute Official I;
3) Head of the Administrative Sub Division acting as Substitute Official II.
(2) If Head of Institution or Service in provinces or regencies/mayoralties, Director for
Marketing & Services, Deputy for Trading and Industrial Services, Head of the Tobacco
Institution or Head of the Quality Certification Agency (BPSMB), and the Tobacco
Institution, as referred to in paragraph (1), is absent, he or she must assign his or her duties
and responsibilities for the signing of SKA to the Substitute Officials I and/or II.
(3) Head of Institution or Service in provinces or regencies/mayoralties, Director for
Marketing & Services, Deputy for Trading and Industrial Services, Head of the Tobacco
Institution or Head of the Quality Certification Agency (BPSMB), and the Tobacco
Institution, as referred to in paragraph (1), can divide the works of the officers authorized to
sign SKA by considering the volume of work regarding the issuance of SKA in their
respective institutions.
(4) The division of works with regard to the signing of SKA, as set forth in paragraph (3),
shall be done in writing.
(5) The authority regarding issuance of SKA as referred to in Article 1 paragraph 4.d and
Article 5 paragraph (1) d shall be assigned to the BPKS and implemented in accordance with
applicable laws and regulations.
Article 6
Exporters or other parties requiring SKA can choose one of the following issuing institutions :
a. With regard to export activity set forth in Article 2 paragraph (3) a :
1)
The issuing institution covering the location of productions of the goods;
2)
The issuing institution covering the location for registration of PEB with a foreign
exchange bank; or
3)
The issuing institution covering the location of approval of PEB by the customs &
excise hangars within the port of exports; or
4)
A nearby issuing institution.
b. With regard to the export activity set forth in Article 2 paragraph (3) b :
1)
The issuing institution covering the place of purchase of the goods;
2)
The issuing institution covering the place of departure/delivery of goods; or
3)
A nearest issuing institution.
Article 7
(1) With regard to goods, which exports are ruled and/or are subject to export limitations in
the form of quota based on an international contract, the SKA only can be issued by the
institution or service in the province or regency/mayoralty, or PT (Persero) Kawasan Berikat
Nusantara and their Jakarta branches, or the Management Board for Sabang Free Trade Area
and Free Port (BPKS) according to their respective work territories where the goods are
shipped (port of exports) or an allocation/mutation of the export quota.
(2) Goods, which exports are ruled and/or are subject to export limitations in the form of
quota, as set forth in paragraph (1) are :
a. Coffee;
b. Maniocs (destination Europe); and
c. Textile and textile products (TPT).
(3) On quota of exports of TPT the SKA is known as Certificate of Exports of Textile and
Textile Products (SKET) issued by the Institution Issuing Certificate of Exports of Textiles
and Textile Products (IPSKET) in accordance with applicable regulations ruling about the
quota of exports of textiles and textile products.
Article 8
The seal used for the issuance of SKA is a special seal bearing code no. of region as set forth in
Attachment XI to this decree.
Article 9
The information mechanism regarding names of officials authorized and responsible for the
signing of SKA & the substitute officials, as set forth in Article 5 paragraph (1), and procedures
for the application of specimens of signatures and SKA special seal will be further decided by
the Director General for Foreign Trading.
Article 10
The issuing institution must report the issuance of SKA once in every one (1) month to the
Director General for Foreign Trading, in case, the Director for the Facilitation of Exports and
Improts, using the format of report specified in Attachment X to this decree.
Article 11
(1) The issuing institution, as set forth in Article 1 paragraph (1), and exporters or other
parties requiring SKA, must settle each request for a verification of SKA from the
government of the export destination countries.
(2) Settlement with regard to the verification of SKA is ruled as follows :
a. If the request for verification is related to the validity of the SKA from and/or signature
of Head of institution or agency in the province or regency/mayoralty, Director for
Marketing & Services, Deputy Trading of Industry and Services, Head of the Tobacco
Institution, Head of the Quality Certification Agency (BPSMB), and Tobacco Institution
or substitute officials, as set forth in Article 5, and/or special SKA seal, as referred to in
Article 8, the issuing institution must give an answer to the authorized institution in the
export destination country with regard to the said validity of SKA.
b. If the request for verification is related to the originality of data and information
contained in the SKA, the issuing institution must inform the exporter or another party
requiring SKA, which is subject to verification, and must give an answer to the
authorized institution in the export destination country, with a copy furnished to the
Director General of Foreign Trading, in this case, Director for the Facilitation of Exports
and Imports.
(3) Results of the verification specified in paragraph (2) as long as they are :
a. in relation to the provisions of paragraph (2) a constituting a mistake of the issuing
institution, the responsibility for the full settlement of which shall be assigned to the
officer signing the SKA;
b. in relation to the falsification of SKA and the provisions of paragraph (2) b constituting
an unoriginality of data and information contained in the SKA, which is subject to
verification, the full responsibility of which shall be assigned to the exporter or another
party requiring SKA.
Article 12
Violations against the provisions of this decree and its enforcing regulations are subject to :
a. administrative sanctions in the form of disciplinary actions imposed on the officer of the
issuing institution based on the regulations regarding government officials or other
applicable regulations;
b. postponement of the issuance of SKA to exporters and/or freezing and/or revocation of :
•
Trading Business Licence (SIUP);
•
Industrial Business Licence (IUI);
•
Industrial Registry Number (TDI).
Article 13
The signing of SKA by an authorized officer and the use of the seal of the issuing institution
shall be decided based on applicable regulations valid to the effective date of this decree.
Article 14
Due to the effectiveness of this decree, all regulations in violations with this decree shall be
declared invalid.
Article 15
Guidelines on the issuance, submission of specimens of signatures, verification, and reporting of
the Certificate of Origin will be decided by the Director General for Foreign Trade.
Article 16
This decree will come into full force and effect six (6) months from the date of stipulation.
For public cognizance, this decree shall be published by placing it in the State Gazette of the
Republic of Indonesia.
Stipulated in Jakarta
On February 21, 2002
THE MINISTER OF INDUSTRY AND TRADE
sgd.
RINI M.S. SOEWANDI
Note :
The attachments are not published
MINISTER OF INDUSTRY AND TRADE
NO. : 111/MPP/Kep/2/2002 DATED FEBRUARY 21, 2002
ON
CERTIFICATE OF ORIGIN OF INDONESIA'S
EXPORTED GOODS
THE MINISTER OF INDUSTRY AND TRADE OF
THE REPUBLIC OF INDONESIA,
Considering :
a. that with regard to various changes in the framework of regional autonomy and changes
in agreements concerning Certificate of Origin, either based on bilateral, regional, or
multilateral agreements, or the one decided unilaterally by certain countries, it is
necessary to review provisions on the Certificate of Origin od Indonesia's Exported
Goods;
b. that procedures for the issuance of Certificate of Origin as one of the documents on
exported goods, which has been valid to date, has not fully supported efforts to boost
exports;
c. that based on the matter specified in paragraphs a and b above, it is necessary to stipulate
a decree of the Minister of Industry and Trade regarding Certificate of Origin of
Indonesia's Exported Goods.
In view of :
1. Law No. 7/1994 on the Ratification of the Agreement on the Establishment of the World
Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No.
3564);
2. Law No. 22/1999 on Regional Administration (Statute Book of 1999 No. 60, Supplement
to Statute Book No. 3839);
3. Law No. 37/2000 on the stipulation of Government Regulation in lieu of Law No. 2/2000
on Sabang Free Trade Area and Free Port of Sabang into a Law (Statute Book of 2000
No. 252, Supplement to Statute Book No. 4054);
4. Government Regulation No. 1/1982 on the Implementation of Exports, Imports, and
Foreign Exchange Traffic (Statute Book of 1982 No. 1, Supplement to Statute Book No.
3210), which has been amended by Government Regulation No. 24/1985 (Statute Book
of 1985 No. 33, Supplement to Statute Book No. 3291);
5. Government Regulation No. 22/1986 on Bonded Zones (Statute Book of 1986 No. 30,
Supplement to Statute Book No. 3334);
6. Government Regulation No. 38/1994 on the Merger o Limited Liability Company
(Persero) PT Pengelola Kawasan Berikat Indonesia into Perusahaan Perseroan (Persero)
PT Kawasan Berikat Nusantara (Statute Book of 1994 No. 67);
7. Presidential Decree No. 260/1997 on the Affirmation of the Tasks and Responsibility of
the Minister of Industry and Trade in Foreign Trade;
8. Presidential Decree No. 58/1971 on the stipulation of officials authorized to Issue
Certificate of Origin;
9. Presidential Decree No. 34/1989 on the Ratification of Agreement on the Global System
of Trade Preference (GSTP) Among Developing Countries;
10. Presidential Decree No. 3/1995 on the Ratifiction of International Coffee Agreement of
1994;
11. Presidential Decree No. 85/1995 on the Ratification of the Protocol To Amend The
Agreement on the Common Effective Preferential Tariff (CEPT) Scheme for the ASEAN
Free Trade Area;
12. Presidential Decree No. 228/M/2001 on the Establishment of the Mutual Cooperation
Cabinet;
13. Presidential Decree No. 102/2001 on the Status, Tasks, Functions, Authority,
Organizational Structure, and Working Arrangements of Ministries;
14. Presidential Decree No. 109/2001 on First-echelon Organizational Units and Tasks of
Ministries;
15. Minister of Finance's Decree No. 1012/KMK.00/1991 on Export Declaration, which has
been amended by Minister of Finance's Decree No. 87/KMK.01/1995;
16. Minister of Trade & Industry's Decree No. 124/MPP/Kep/5/1996 on the General
Provisions on Exports;
17. Minister of Trade & Industry's Decree No. 120/MPP/Kep/5/1996 on the Import and
Export of Goods from and into the Productions Entreports for Export Purposes (EPTE);
18. Minister of Trade & Industry's Decree No. 121/MPP/Kep/5/1996 on the Import and
Export of Goods from and into the Productions Entreports for Export Purposes (EPTE);
19. Minister of Trade & Industry's Decree No. 86/MPP/Kep/3/2001 on the Organization and
Working Arrangement of the Ministry of Industry and Trade.
DECIDES :
To revoke :
1. Decree of the Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on Certificate of
Origin of Indonesia's Exported Goods, which has been perfected by Decree of the
Minister of Industry and Trade No. 101/MPP/Kep/2/1998 on the Improvement of Decree
of Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on Certificate of Origin of
Indonesia's Exported Goods;
2. Decree of the Minister of Industry and Trade No. 327/MPP/Kep/10/1996 on the
Delegation of Seconded Tasks of Issuing of Certificate of Origin of Indonesia's Exported
Goods to the Regional Governments in Twenty Six (26) Pilot Second-Level Autonomous
Regions.
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON CERTIFICATES OF
ORIGIN OF INDONESIA'S EXPORTED GOODS.
Article 1
In this decree, what is meant by :
1. Certificate of Origin, which is hereinafter called "SKA" is a document based on an
agreement under a bilateral, regional, or multilateral contract, and unilateral agreement of
a certain country, that must be completed at the time exported goods will enter into the
area of a certain country, the certificate of which will evidence that the goods are
originated, produced, and/or processed in Indonesia.
2. SKA Form is a list on how to fill SKA, which is specified in Attachments I and II of this
decree and has been standardized either in form, size, paper color, purpose, and the
content in accordance with the provisions stipulated under a bilateral, regional, or
multilateral agreement, or decided unilaterally by a certain country.
3. Rules of Origin is the criteria/conditions required based on a bilateral, regional, or
multilateral agreement, or decided unilaterally by a certain country.
4. Issuing institution is an institution decided to issue SKA, i.e. :
a. The institution or service in charge of trading affairs within a provincial government,
hereinafter called provincial institution or service;
b. Institution or service in charge of trading affairs within a regency/city government,
hereinafter called regent/mayoralty institution or service;
c. PT. (Persero) Kawasan Berikat Nusantara, including their Jakarta branches;
d. The Management Board of Sabang Free Trade Area and Free Port (BPKS);
e. Tobacco Institution's branches in Surakarta, Medan, Quality Certification Agency
(BPSMB), and Tobacco Institutions in Surabaya and Jember;
f. Other institutions, which will be stipulated by the Minister of Industry and Trade.
1. Preference SKA is an SKA document as a prerequisite for obtaining preference to certain
exported goods in order to obtain facilities (in the form of exemption from import duty
partly or wholly), which is granted by a certain country/groups of countries as referred to
in Attachment IV to this decree.
2. Non-preference SKA is a document of SKA functioning as a supervisory document
and/or an attachment to the document of origin of goods, which shall be completed for
exported goods so that they can enter a territory of a certain country, as referred to in
Attachment V to this decree.
3. Verification is a process of investigation, which is implemented upon request of the
government of the export-destination country for the issuing institution, into the validity
of document and/or originality of the content of SKA.
Article 2
(1) SKA shall be issued upon request of an exporter or an other party requiring SKA, either
being obliged by the government of the export-destination country, or by the buyer.
(2) The issuance of SKA for certain exported goods, as specified in paragraph (1), must
comply with the origin of the goods that have been designated and other applicable
regulations.
(3) Exporters or other parties requiring SKA can file an application for the issuance of SKA
to the issuing institution, completed with the supporting documents, as follows :
a. For exports that must comply with general provisions regarding exports :
1)
Photo Copy of Export Declaration (PEB) issued by the Customs Office at the Port
of Loading; and
2)
Bill of Lading (B/L) or Air Way Bill, or other evidences, if the goods are not
exported by air or sea transportation.
b. Exports of goods not requiring compliance with the general provisions on exports, as set
forth in Article 1 of Minister of Trade's Decree No. 225/Kp/X/1995 in conjunction with
the said minister's Decree No. 317/MPP/Kep/9/1997 :
1)
Purchasing Invoice of Goods; and
2)
Photo Copy of Identity Card for Indonesian citizens or photocopy of passport for
expatriates/foreign tourists.
c. For goods set forth in paragraph (3).b, which are delivered by courier service companies,
the conditions specified in paragraph (3).b.2 can be replaced by a power of attorney
issued by owner of the goods.
d. Especially for the issuance of Forms A and D of the SKA, the exporters or other parties
requiring SKA, other than submitting the documents specified in paragraph (3).a, must
also furnish :
1) A statement and cost structure of goods by unit as in the format specified in
Atatchment VI to this decree;
2) With regard to similar exported goods, the application for the second SKA and so
forth shall be completed with :
(a)
A certificate regarding productions process of percentage of import/local
content; or
(b)
A confirmation letter of the Form A SKA Application as specified in
Attachment VII to this decree.
Article 3
(1) SKA applications only can be processed by the issuing institution if it is filled in the
English language, clearly, comprehensively, and accurately, complete with the supporting
documents set forth in Article 2 paragraph (3) of this decree.
(2) The issuing institution must examine the originality of the SKA content and completeness
of the documents furnished by the exporters or other parties requiring SKA.
(3) Regarding applications that have compiled with the conditions set forth in paragraph (1),
the issuing institution must issue SKA not later than one (1) working day from the date of
receipt of the application from the exporters or another party requiring SKA.
(4) With regard to applications that have not met the conditions set forth in paragraph (1), the
issuing institution must notify the applicant not later than one (1) working day from tha date
of receipt of the application from exporter or the party requiring SKA.
Article 4
(1) Procedures for the completion of the form of each type of SKA and the validity period of
SKA are as specified in Attachment VII to this decree.
(2) Exporters or other parties requiring SKA must be responsible for the originality of the
data and information contained in the SKA, as referred to in paragraph (1).
Article 5
(1) The authority and responsibility with regard to the issuance of SKA are decided as
follows :
a.
Within institutions or agencies in the provinces :
1) Head of institution or service;
2) Head of Trading Sub Agency acting as Substitut Official I;
3) Head of Exports Section within the Trading Sub Agency acting as Substitute
Official II.
b.
Within institutions or agencies in regencies/mayoralties :
1) Head of Sub-institution or service;
2) Head of Trading Sub Agency acting as Substitute Official I;
3) Head of Exports Section within the Trading Sub Agency acting as Substitute
Official II.
c.
:
Within PT (Persero) Kawasan Berikat Nusantara including their Jakarta branches
1) Director for Marketing and Services;
2) Head of Territorial Business Division acting as Substitute Official I;
3) Head of Documentation Division acting as Substitute Official II.
d.
:
Within the Management Board for Sabang Free Trade Area and Free Port (BPKS)
1) Deputy for Trading and Industrial Services;
2) Deputy for Financial Affairs acting as Substitute Official I;
3) Head of License and Promotion Division acting as Substitute Official II.
e.
Regarding SKA for Tobacco (Certificate of Authenticity), within the Tobacco
Institutions Surakarta and Medan branches :
1) Head of the Tobacco Institution;
2) Examiner acting as Substitute Official I;
3) Tobacco Institution Secretary/Examiner acting as Substitute Official II.
f.
Regarding SKA for Tobacco (Certificate of Authenticity), within the Quality
Certification Agency (BPSMB) and Tobacco Institutions in Surabaya and Jember :
1) Head of the Quality Certification Agency and Tobacco Institution;
2) Head of the Examining Section acting as Substitute Official I;
3) Head of the Administrative Sub Division acting as Substitute Official II.
(2) If Head of Institution or Service in provinces or regencies/mayoralties, Director for
Marketing & Services, Deputy for Trading and Industrial Services, Head of the Tobacco
Institution or Head of the Quality Certification Agency (BPSMB), and the Tobacco
Institution, as referred to in paragraph (1), is absent, he or she must assign his or her duties
and responsibilities for the signing of SKA to the Substitute Officials I and/or II.
(3) Head of Institution or Service in provinces or regencies/mayoralties, Director for
Marketing & Services, Deputy for Trading and Industrial Services, Head of the Tobacco
Institution or Head of the Quality Certification Agency (BPSMB), and the Tobacco
Institution, as referred to in paragraph (1), can divide the works of the officers authorized to
sign SKA by considering the volume of work regarding the issuance of SKA in their
respective institutions.
(4) The division of works with regard to the signing of SKA, as set forth in paragraph (3),
shall be done in writing.
(5) The authority regarding issuance of SKA as referred to in Article 1 paragraph 4.d and
Article 5 paragraph (1) d shall be assigned to the BPKS and implemented in accordance with
applicable laws and regulations.
Article 6
Exporters or other parties requiring SKA can choose one of the following issuing institutions :
a. With regard to export activity set forth in Article 2 paragraph (3) a :
1)
The issuing institution covering the location of productions of the goods;
2)
The issuing institution covering the location for registration of PEB with a foreign
exchange bank; or
3)
The issuing institution covering the location of approval of PEB by the customs &
excise hangars within the port of exports; or
4)
A nearby issuing institution.
b. With regard to the export activity set forth in Article 2 paragraph (3) b :
1)
The issuing institution covering the place of purchase of the goods;
2)
The issuing institution covering the place of departure/delivery of goods; or
3)
A nearest issuing institution.
Article 7
(1) With regard to goods, which exports are ruled and/or are subject to export limitations in
the form of quota based on an international contract, the SKA only can be issued by the
institution or service in the province or regency/mayoralty, or PT (Persero) Kawasan Berikat
Nusantara and their Jakarta branches, or the Management Board for Sabang Free Trade Area
and Free Port (BPKS) according to their respective work territories where the goods are
shipped (port of exports) or an allocation/mutation of the export quota.
(2) Goods, which exports are ruled and/or are subject to export limitations in the form of
quota, as set forth in paragraph (1) are :
a. Coffee;
b. Maniocs (destination Europe); and
c. Textile and textile products (TPT).
(3) On quota of exports of TPT the SKA is known as Certificate of Exports of Textile and
Textile Products (SKET) issued by the Institution Issuing Certificate of Exports of Textiles
and Textile Products (IPSKET) in accordance with applicable regulations ruling about the
quota of exports of textiles and textile products.
Article 8
The seal used for the issuance of SKA is a special seal bearing code no. of region as set forth in
Attachment XI to this decree.
Article 9
The information mechanism regarding names of officials authorized and responsible for the
signing of SKA & the substitute officials, as set forth in Article 5 paragraph (1), and procedures
for the application of specimens of signatures and SKA special seal will be further decided by
the Director General for Foreign Trading.
Article 10
The issuing institution must report the issuance of SKA once in every one (1) month to the
Director General for Foreign Trading, in case, the Director for the Facilitation of Exports and
Improts, using the format of report specified in Attachment X to this decree.
Article 11
(1) The issuing institution, as set forth in Article 1 paragraph (1), and exporters or other
parties requiring SKA, must settle each request for a verification of SKA from the
government of the export destination countries.
(2) Settlement with regard to the verification of SKA is ruled as follows :
a. If the request for verification is related to the validity of the SKA from and/or signature
of Head of institution or agency in the province or regency/mayoralty, Director for
Marketing & Services, Deputy Trading of Industry and Services, Head of the Tobacco
Institution, Head of the Quality Certification Agency (BPSMB), and Tobacco Institution
or substitute officials, as set forth in Article 5, and/or special SKA seal, as referred to in
Article 8, the issuing institution must give an answer to the authorized institution in the
export destination country with regard to the said validity of SKA.
b. If the request for verification is related to the originality of data and information
contained in the SKA, the issuing institution must inform the exporter or another party
requiring SKA, which is subject to verification, and must give an answer to the
authorized institution in the export destination country, with a copy furnished to the
Director General of Foreign Trading, in this case, Director for the Facilitation of Exports
and Imports.
(3) Results of the verification specified in paragraph (2) as long as they are :
a. in relation to the provisions of paragraph (2) a constituting a mistake of the issuing
institution, the responsibility for the full settlement of which shall be assigned to the
officer signing the SKA;
b. in relation to the falsification of SKA and the provisions of paragraph (2) b constituting
an unoriginality of data and information contained in the SKA, which is subject to
verification, the full responsibility of which shall be assigned to the exporter or another
party requiring SKA.
Article 12
Violations against the provisions of this decree and its enforcing regulations are subject to :
a. administrative sanctions in the form of disciplinary actions imposed on the officer of the
issuing institution based on the regulations regarding government officials or other
applicable regulations;
b. postponement of the issuance of SKA to exporters and/or freezing and/or revocation of :
•
Trading Business Licence (SIUP);
•
Industrial Business Licence (IUI);
•
Industrial Registry Number (TDI).
Article 13
The signing of SKA by an authorized officer and the use of the seal of the issuing institution
shall be decided based on applicable regulations valid to the effective date of this decree.
Article 14
Due to the effectiveness of this decree, all regulations in violations with this decree shall be
declared invalid.
Article 15
Guidelines on the issuance, submission of specimens of signatures, verification, and reporting of
the Certificate of Origin will be decided by the Director General for Foreign Trade.
Article 16
This decree will come into full force and effect six (6) months from the date of stipulation.
For public cognizance, this decree shall be published by placing it in the State Gazette of the
Republic of Indonesia.
Stipulated in Jakarta
On February 21, 2002
THE MINISTER OF INDUSTRY AND TRADE
sgd.
RINI M.S. SOEWANDI
Note :
The attachments are not published