In Indonesia’s regulatory framework, the import process involves various provisions and regulations due to the complexity of international trade that includes aspects of customs, taxation, and health and safety standards. Therefore, import matters are handled by several different agencies and ministries, including the Ministry of Trade, the Ministry of Finance, and the Directorate General of Customs (hereinafter “DGCE”).
One of the main regulations related to imports is stipulated in the Minister of Trade Regulation No. 36 of 2023 (hereinafter “MOT 36/2023”) on Import Policies and Regulations which was reissued in December 2023. Since its enactment, this regulation has generated a lot of controversy and protests from various groups, including businesses, travelers, and Indonesian migrant workers. To date, the regulation has been amended three times in five months through the issuance of Regulation No. 3 of 2024 (First Amendment), Regulation No. 7 of 2024 (Second Amendment), and Regulation No. 8 of 2024 (Third Amendment).
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Import Licenses in Indonesia
In general, MOT 36/2023 provides a complete import licensing framework for importers who wish to import for both commercial and non-commercial purposes. In this context, importers are required to obtain a Business Identification Number (hereinafter “NIB”) which also functions as an Importer Identification Number (hereinafter “API”). The following are the types of APIs that importers can choose when registering their NIB, namely:- General API (hereinafter referred to as “API-U”) which is issued to import goods that will be traded or transferred;
- Producer API (hereinafter referred to as “API-P”) issued to import goods used for personal purposes, including capital goods, raw materials, auxiliary materials, and/or materials used to support the production process.
- Registered Importers (hereinafter referred to as “IT”);
- Import Producer (hereinafter referred to as “IP”);
- Import Approval (hereinafter referred to as “PI”).
Types of Goods that can be Imported
Before importing, importers need to understand the various classifications of products that can be imported into Indonesia in accordance with applicable regulations. In this regard, the Minister has updated the list of restricted and importable goods, which are listed in the MOT 36/2023. Details of the various types of goods covered, including their categories and legal requirements in each annex, are outlined in the following table:Attachment | Summary |
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It regulates 49 types of import-restricted goods, ranging from natural resources and electronics to food, beverages and manufactured commodities. Each type of goods is accompanied by a tariff post code/harmonized system (hereinafter referred to as “HS code”), description of goods, unit of goods, requirements, import permits and required documents (i.e. IT, IP, PI and LS) and a post-border supervision regime. |
In essence, importers are required to import goods in new condition. However, there are some goods that are exempted from this provision, including:
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Listed 10 categories of goods that can be imported, including:
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Importing of importable goods can also be done by importers who have a valid NIB as an API and who import for commercial and non-commercial purposes. In this regard, Appendices V and VI respectively outline the applicable requirements, as well as limitations on the value and/or quality of goods that fall under this category.
In addition, such importers are exempt from the following requirements:
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