Application in Indonesia

By：Indonesia SW Update：2016-05-27

REGULATION OF THE MINISTER FOR TRADE REGARDING ISSUANCE OF CARTIFICATE OF ORIGIN FOR INDONESIA'S EXPORT MERCHANDIZE.

Article 1

In this regulation of the Minister, the meaning of:
         1.Certificate of origin, hereinafter called SKA,shall be a document accompanying Indonesia's export merchandize that has fulfilled the Rules of Origin for entering territory of certain country, evidencing that such merchandize comes from Indonesia.
         2.SKA Form shall be fill-in list that has been standardized for the form, size, color, allocation type, and content according to provisions in bilateral,regional, multilateral,
and unilateral agreements, as well as determination of Indonesian Government.
         3.SKA Issuing Agency shall be any agency/body/institution specified and authorized by the Minister for issuing SKA.
         4.SKA signing official shall be any official authorized and reponsible for signing SKA at the SKA Issuing Agency the Minister stipulates.
         5.Unilateral Determination shall be unilateral determination by any country requiring the use of SKA in exporting any merchandize from another country, either preferential or non-preferential in nature.
         6.Minister shall be any minister governing the trade sector.
         7.Director General shall be Dircetor General of Oversea Trade of the Department of Trade.

Article 2

(1)SKA shall consist of 2(two)type, that is of preferential SKA or non-preferential SKA.

(2)Preferential SKA set forth in paragraph(1) above is issued for obtaining facility in the form of import duty reduction or freedom from a country or group of countries for merchandize export from Indonesia that fulfills intermational agreement or unilateral determination.

(3)Non-preferential SKA set forth in paragraph(1) above is issued for fulfilling provisions made by a country or group of countries for merchandize export from Indonesia based on international agreement or unilateral determination.

Article 3

The type form,and provsions for issuing,as well as method for filling in preferential SKA or non-preferential SKA are written in Appendix I hereof.

Article 4

(1)SKA issuance set forth in Article 2 hereof shall be based on request from an exporter submit to the SKA Issuing Agenvy by using format given in Appendix II hereof.

(2)Request set forth in paragraph(1) above shall be signed by the company's executives.

(3)Any request for SKA set forth in paragraph(1) of this article shall be furnished with support documents as follows:
         a. Photocopy of Merchandize Export Notification(PEB) already loaded in a harbor by staff of Customs and Excise Service Office,or PEB printout made through Electronic Data Exchange(PDE) by enclosing Export Approval Note(NPE).
         b. Original copy of Bill of Lading(B/l) or photocopy of Cargo recepit if the export is implemented by land;
         c. Photocopy of Taxpayer registration Number(NPWP);
         d. Invoice;
         e. Packing list;
         f. Any other documents relevant with the SKA based on its allocation.

(4) Any other documents set forth at point f of paragraph(3) above shall be in the form of cost structure for export merchandize containing raw material and/or imported
support material for requesting Preferential SKA.

(5) In submitting request for SKA of export merchandize for certain purpose, it is necessary to have the following support documents:
         a. Receipt of merchandize requiring SKA; and/or
         b. Photocopy of Identity Card(ID) for Indonesian citizen or photocopy of passport for foreign citizen/tourist or Power of Altorney from the merchandize owner if the merchandize is delivered by a Delivery Service Company.

(6) Export merchandize for certain purpose set forth in paragraph(5) above is written in Appendix III hereof.

(7) SKA request for export merchandize using Form A shall be furnished with support documents as follows:
         a. In the event that Form A for export is requested for the first time, document set forth at point a of paragraph(1) shall be enclosed, together with the following documents:
                  1. Statement from the Applicant of Form A given in Appendix IVa hereof and Cost Structure per unit in USD given in Appendix Va hereof; while if the export merchandize is using raw material from ASEAN,Cost Structure to be used is the one given in Appendix Vb hereof in the event that the applicant of Form A is the exporter as well the producer;or
                  2. Statement from the applicant of Form A plus Statement from Producer given in Appendix IVb hereof and Cost Structure per Unit in USD given in Appendix V hereof in the event that the application of Form A is the exporter but he/she is not a producer.
         b. In the event that Form A for export is required for the subsequent export of similar merchandize without any change,and the request is sent to the same SKA Issuing Agency, the following documents shall be enclosed:
                  1. Documents set forth at point a of paragraph(2);
                  2. Letter of Comfirmation from the application of Form A given in Appendix VI hereof.

(8) Any request for SKA using Form GSTP and Form IJEPA shall be accompanied by document of Cost Structure per Unit in USD given in Appendix Va hereof.

(9) Any request for SKA using Form D, Form E, Form AK and Form AI shall be accompanied by document of Cost Structure per Unit in USD given in Appendix Vb hereof.

Article 5

(1) To accelerate the SKA issuance, in addition to submitting SKA request and support documents directly to SKA Issuing Agency, the exporter is required to submit SKA request and support documents using electronic data storage such as diskette, money stick (USB), optical disc, electronic mail or website Further provisions on method of submitting SKA request and support documents using electronic data storage set forth in paragraph (1) above will be specified by the relevant Director General.

Article 6

In the event that any SKA-requesting expert will export the merchandize by air, the required documents in the form of Air Way Bill (AWB) and/or Merchandize Export Notification (PEB) set forth in paragraph (3) of Article 4 may be temporarily replaced with Exporter’s Letter of Statement informing that he/she has yet to be able to submit such AWB and/or PEB.

Any exporter submitting Letter of Statement set forth in paragraph (1) above is required to submit AWB and/or PEB to the SKA Issuing Agency not later ten (10) days as of the data of SKA issuance.

If any exporter fails to fulfill provisions set forth in paragraph (2) above, SKA issuing Agency shall reject such exporter’s SKA request for exporting subsequent merchandize.

Article 7

SKA Issuing Agency shall into and inspect the correctness of SKA Forms and any support documents set forth in Article 4 before such SKA is signed by SKA Signing Official. When in doubt about the correctness and completeness of any SKA form or support documents set forth in paragraph (1) above prior to the signing, such SKA Signing Official may:
a. Ask for additional information from the exporter;
b. Conduct verification by using data/information from survey for comparison regarding data from the exporter, type of merchandize, source of raw material, and the production process, including the cost structure per unit, made based on date from Merchandize State of Origin Tracking (PNAB) available in database of SKA issuing system. (3) Survey of Merchandize State of Origin Tracking (PNAB) set forth at point b of paragraph (1) above shall include general date of the exporter, type of merchandize, source of raw material, and the production process, including the cost structure per unit, and the results shall be stored in database for reference in SKA issuing system, and such survey shall be conducted by SKA Issuing Agency and/or an independent surveyor.

Article 8

Exporters may choose the venue for submitting request for SKA issuance at SKA Issuing Agency based on location or work area of the SKA Issuing Agency, as follows:
          a.SKA Issuing Agency whose work area includes the merchandise’s manufacturing area;
          b.SKA Issuing Agency whose work area includes whose work area includes the location of the foreign exchange Bank used by the exporter;
          c.SKA Issuing Agency whose work area includes the location of Customs and Excise Service Office that issues the PEB and/or the location where the PEB is approved by official of Customs and Excise Service Office;
          d.SKA Issuing Agency whose work area includes the location where the merchandise is purchased;
          e.SKA Issuing Agency whose work area includes the location of merchandize shipment;
          f.The nearest SKA Issuing Agency.

Article 9

Exporters of certain export merchandizes required to submit SKA may only request for SKA from certain SKA Issuing Agency specified by relevant Director General on behalf of the Minister.

Certain export merchandizes set forth in paragraph (1) above are listed in Appendix VII hereof. In the event that certain export merchandizes set forth in paragraph (1) are exported without using other SKA form based on international agreement, it is required to use Form B; In the event that there is any doubt regarding request for SKA issuance for exporting certain export merchandizes set forth in paragraph (1) of this article, it is necessary to verify the source of raw material in the form of:
          a.Data of the company’s production;
          b.Data of domestic purchase as follows:
                    1. Purchase receipt; and
                    2. Invoice;
         c.Data of import purchase as follows:
                  1. Bill of lading; and
                  2. Invoice.

Article 10

SKA Issuing Agency within one (1) day as of the data the request is received is required to:
a. issue SKA when such request is complete and correct; or
b. information in writing about the rejection to issue SKA, along with the reasons for such rejection,

Article 11

SKA Issuing Agency is required to respond and settle any demand for SKA verification from any government/formal agency of the country of export destination regarding validity and correctness of SKA data/information.

Exporters related to such verification set forth in paragraph (1) above are required to provide data and information regarding the validity and correctness of SKA data/information to SKA Issuing Agency.

SKA Issuing Agency shall respond any demand for SKA verification from any government/formal agency of the country of export destination set forth in paragraph (1) of this article within 30(thirty) working days as of the date of receiving such demand, with copies delivered to the Director of Export and Import Facilitation of the Ministry for Trade.

When required, SKA Issuing Agency and relevant exporters may carry out coordination with Director of Export and Import Facilitation of the Ministry for Trade in implementing provision set forth in paragraph (1) and paragraph (2) of this article.

Article 12

Appendix I, Appendix II, Appendix III, Appendix IVa, Appendix IVb, Appendix V, Appendix Va, Appendix Vb, Appendix VI, and Appendix VII shall become integral part of this Ministerial Regulation.

Article 13

This Ministerial Regulation shall apply as of January 1, 2011. To be known by all men, instruct the enactment of this Regulation of the Minister with its placement in the State Gazette of the Republic of Indonesia.