수입자인증번호제도 관련 자주 묻는 질의에 대한 대사관 법률자문회사의 답변을 아래와 같이 안내 드립니다. 

Q:

API-U holder imports :  

ㅇ anything in its licensed section, and

ㅇ anything in other sections authorized through special relationship with foreign exporters 

A: 

Yes in general it is correct, provided that the imported goods are sold to the customers, and not used in its production or manufacturing process.  

Q: 

API-P holder imports :

ㅇ any goods/materials necessary to produce its authorized product as producing importer (not licensed as item-by-item) and, 

A: 

Yes it is correct.  

Q:

ㅇ any other Special Industrial Goods such as market test products and complementary goods 
    - market test goods should not be the ones produced by the applying holder in Indonesia 

A:

Under the laws, the market test goods must be goods that the applying holder is not yet able (or has capacity) to produces. Further the imports of goods must be in line with the business license of the applying holder. 
 - complementary goods can be the ones produced by the applying holder in Indonesia Am I right? 

A: 

The laws state that the criteria of the complementary goods are: (i) that the imports of such goods are in line with the business license of the applying holder; and (ii) that the imported goods come from the company which has special relationship with the applying holder. 

Please note however that the imports conducted by AP-P holders must be in accordance with all other requirements under the API prevailing regulations.  

Q:

Are there any limit or restriction to sell in the domestic market (to wholesalers / to retailers / to ultimate consumers) by the API holders? 

A: 

Yes there are several limitations or restrictions for the API holders to sell the imported products to the customers, among others are: 

1. Under Presidential Regulation No. 36 of 2010, the foreign investment company is prohibited from conducting business as retailer. According to Decree of the Minister of Trade No. 23/MPP/Kep/1/1998, as amended by Decree of the Minister of Trade No. 159/MPP/Kep/4/1998, retailer means an individual or business entity which its basic activity is to carry out direct sale to end consumers in retail. Further, as we understand from the internal policy of BKPM (Investment Coordinating Board), the retail means trading activities of goods to the consumers, who will consume the goods without any further processing.

2. The trading company must have the API-U holders so that it is entitled to sell the imported goods to other party. If the company has the API-P, then the imported products must be (i) market test products; (ii) complementary goods, or (iii) the products that have been used for at least 2 years by the API-P holder, provided that all relevant requirements to sell the three categorizations of products under the API Regulations are fulfilled by the API-P holder concerned.

3. Pursuant to Article 3 of Regulation of the Ministry of Trade No. 11/M-DAG/PER/3/2006 (“Regulation 11/2006”), if the API holder is a national trading company which enters into an agreement with its foreign principals, then it shall be registered in the Ministry of Trade in order to obtain a Certificate of Registration (Surat Tanda Pendaftaran). Further, according to Article 8 of Regulation 11/2006, the application for the Certificate of Registration must be supported by, among others, an agreement with its foreign principal which has been legalized by the attaché of Indonesia in the country of the foreign principal concerned.

4. According to BKPM’s policy, the holder of API-U must have storage or a warehouse to keep and save the imported goods.

5. The API-U holder which is a distributor must own and manage the after sale services for the imported products that it sells.