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AUTHORIZED TRANSLATION
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REGULATION OF MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA

NUMBER 39/M-DAG/PER/8/2013

CONCERNING

PROVISIONS ON SELF-CERTIFICATION IN THE FRAMEWORK OF THE

SECOND PILOT PROJECT FOR THE IMPLEMENTATION OF SELF-
CERTIFICATION SYSTEM

BY THE GRACE OF ALLAH THE ONE SUPREME GOD

MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering : a. that in the framework of strengthening the trade relationship

by improving the fluency of the flow of goods through the
application of the Self Certification system among 3 (three)
countries, the Government of the Republic of Indonesia,
Government of the People’s Democratic Republic of Laos
and Government of the Republic of the Philippines have
signed the Memorandum of Understanding among the
Governments of the Participating Member States of the
Association of Southeast Asian Nations (ASEAN) on the
Second Pilot Project for the Implementation of a Regional
Self-Certification System on 29 August 2012 in Siem Reap,
Cambodia;

b. that in the framework of materializing the commitment as

meant in letter a, the Government of the Republic of
Indonesia has issued the Presidential Regulation Number
29 of 2013 concerning the Ratification of the Memorandum
of Understanding among the Governments of the
Participating Member States of the Association of
Southeast Asian Nations (ASEAN) on the Second Pilot
Project for the Implementation of a Regional Self-
 Regulation of the Minister of Trade of the Republic of Indonesia
Number : 39/M-DAG/PER/8/2013

Certification System;

c. that in order to implement the Presidential Regulation

Number 29 of 2013, as meant in letter b, it is necessary to
regulate the Provisions of the Self Certification in the
Framework of the Second Pilot Project for the
Implementation of the Self Certification System;

d. that based on the considerations as meant in letter a, letter

b and letter c, it is necessary to enact the Regulation of the
Minister of Trade concerning the Provisions of Self
Certification in the Framework of the Second Pilot Project
for the Implementation of the Self Certification System;

In view of : 1. Bedrijfsreglementerings Ordonnantie 1934 (State Gazette

of 1938 Number 86);

2. Law Number 7 of 1994 concerning Ratification of the

Agreement Establishing The World Trade Organization,
(State Gazette of the Republic of Indonesia of 1994
Number 57, Supplement to the State Gazette of the
Republic of Indonesia Number 3564);

3. Law Number 10 of 1995 concerning Customs (State

Gazette of the Republic of Indonesia of 1995 Number 75,
Supplement to the State Gazette of the Republic of
Indonesia Number 3612) as already amended by virtue of
Law Number 17 of 2006 (State Gazette of the Republic of
Indonesia of 2006 Number 93, Supplement to the State
Gazette of the Republic of Indonesia Number 4661);

4. Law Number 36 of 2000 concerning Determination of

Government Regulation as Replacement of Law Number 1
of 2000 concerning Free Trade Zone and Free Port into the
Law (State Gazette of the Republic of Indonesia of 2002
Number 251, Supplement to the State Gazette of the
Republic of Indonesia Number 4053) as has been
amended with Law Number 44 of 2007 (State Gazette of

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the Republic of Indonesia of 2007 Number 130,

Supplement to the State Gazette of the Republic of
Indonesia Number 4775);

5. Law Number 39 of 2008 concerning State Ministry (State

Gazette of the Republic of Indonesia of 2008 Number 166,
Supplement to the State Gazette of the Republic of
Indonesia Number 4916);

6. Government Regulation Number 10 of 2012 concerning

Treatment of Customs, Taxation and Excise as well as the
Procedure of Bringing In and Taking Out Goods To and
From and Located in the Zone That Has Been Determined
as the Free Trade Zone and Free Port (State Gazette of the
Republic of Indonesia of 2012 Number 17, Supplement to
the State Gazette of the Republic of Indonesia Number
5277);

7. Presidential Decree Number 260 of 1967 concerning

Affirmation on Duties and Responsibilities of the Minister of
Trade in the sector of Foreign Trade;

8. Presidential Decree Number 85 of 1995 concerning

Ratification of the Protocol to Amend the Agreement on the
Common Effective Preferential Tariff (CEPT) Scheme for
the ASEAN Free Trade Area (State Gazette of the Republic
of Indonesia of 1995 Number 79);

9. Presidential Decree Number 84/P of 2009 concerning the

Establishment of Indonesia Bersatu II Cabinet as already
amended by virtue of Presidential Decree Number 59/P of
2011

10. Regulation of President Number 47 of 2009 concerning the

Establishment and Organization of State Ministry as
already amended lastly by virtue of Regulation of President
Number 91 of 2011;

11. Presidential Regulation Number 24 of 2010 concerning the

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Position, Duties and Functions of the State Ministry and the

Organization Structure, Duties and Functions of Echelon I
of the State Ministry, as has been amended several times
and latest with the Presidential Regulation Number 92 of
2011;

12. Presidential Regulation Number 2 of 2010 concerning

Ratification of the ASEAN Trade in Goods Agreement
(State Gazette of the Republic of Indonesia of 2010
Number 2);

13. Presidential Regulation Number 29 of 2013 concerning the

Ratification of the Memorandum of Understanding among
the Governments of the Participating Member States of the
Association of Southeast Asian Nations (ASEAN) on the
Second Pilot Project for the Implementation of a Regional
Self-Certification System (State Gazette of the Republic of
Indonesia of 2013 Number 69);

14. Regulation of Minister of Trade Number 28/M-

DAG/PER/6/2006 concerning Provisions on Export and
Import Permit Arrangement Service by Electronic System
through INATRADE in the framework of Indonesia National
Single Window;

15. Regulation of Minister of Trade Number 13/M-

DAG/PER/3/2012 concerning General Provisions in the
Area of Export;

16. Regulation of the Minister of Trade Number 31/M-

DAG/PER/7/2010 concerning Organization and Work
Method of Ministry of Trade, as has been amended with the
Regulation of the Minister of Trade Number 57/M-
DAG/PER/8/2012;

HAS DECIDED:

To Stipulate : REGULATION OF MINISTER OF TRADE CONCERNING

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 Regulation of the Minister of Trade of the Republic of Indonesia
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PROVISIONS ON SELF-CERTIFICATION IN THE

FRAMEWORK OF THE SECOND PILOT PROJECT FOR THE
IMPLEMENTATION OF SELF-CERTIFICATION SYSTEM.

Article 1

The meaning of the following in this Regulation of the Minister is

as follows:
1. Export is the activity of taking out goods from the customs
area.

2. Producer Exporter is the Business Entity carrying out the

production in the state area of the Republic of Indonesia
and exports itself the product goods.

3. Certified Exporter, hereinafter referred to as EB, is the

Producer Exporter provided the authority by the Ministry of
Trade to issue the Invoice Declaration concerning the origin
of an imported commodity.

4. Self Certification is the declaration scheme on the origin of

goods in form of Invoice Declaration prepared by EB who
will export the goods.

5. Invoice Declaration is the declaration of EB on origin of

goods in the invoice in accordance with the Memorandum
of Understanding among the Governments of the
Participating Member States of the Association of
Southeast Asian Nations (ASEAN) on the Second Pilot
Project for the Implementation of a Regional Self-
Certification System.

6. Origin of Goods Verification, hereinafter referred to as VAB,

is the verification carried out by the Surveyor on the
Producer Exporter in order to find out the legality of the
company and in the framework of the origin of goods
criteria compliance.

7. Surveyor is the survey company appointed by the Ministry

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of Trade to carry out the VAB.

8. The Self Certification e-SKA System, hereinafter referred

top as e-SKA SM is the web based information system that
functions for the EB registration and issuance/integration of
the Invoice Declaration issued by EB.

9. Web Form is a page or web based form that enables the

user to input the data by way of online.

10. Web Service is a communication method between two

systems in the framework of the electronic data exchange.

11. Minister is the minister who organizes the administration

affairs in the trade sector.

12. Director General is the Director General of Foreign Trade,

Ministry of Trade.

13. Director is the Director of Export and Import Facilitation,

Directorate General of Foreign Trade, Ministry of Trade.

Article 2

(1) The Self Certification for Indonesian export goods in form of

Invoice Declaration may only be issued by the Producer
Exporter who has obtained the determination as EB.

(2) The Invoice Declaration, as meant in paragraph (1),

functions as the origin of goods declaration.

(3) The Indonesian export goods, as meant in paragraph (1),

are produced and exported by the EB itself.

Article 3

The EB should include the Invoice Declaration when exporting

the goods.

Article 4

(1) The Invoice Declaration, as meant in Article 2, may only be

used to export Indonesian export goods to the country as

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indicated in Appendix I, which is an inseparable part of this

Regulation of the Minister.

(2) The export of Indonesian goods, as meant in paragraph (1),

may not use the Invoice declaration of the third party
country.

(3) The Invoice Declaration, as meant in Article 2, may not be

used simultaneously with the Certificate of Origin for the
same export of goods transaction activities.

Article 5

(1) The determination as EB, as meant in Article 2, is issued by

the Director General.

(2) The Director General delegates the authority to issue the

determination as EB, as meant in paragraph (1), to the
Director for and on behalf of the Director General.

Article 6

(1) The Producer Exporter who is intended to obtain the

determination as EB, as meant in Article 2, should comply
with the following requirements:
a. has the status as Producer;
b. is a routine SKA Form D user producer;
c. has Human Resources who understand the ASEAN
Trade in Goods Agreement Rules of Origin (ATIGA
ROO);
d. has the Information Technology system;
e. has good track records; and
f. has been implemented the VAB by the Surveyor who is
already determined by the Procurement Service Unit of
the Ministry of Trade.

(2) In case it is needed, the Directorate General of Foreign

Trade, in this case the Directorate of Export and Import
Facilitation, may request the Producer Exporter who is

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intended to obtain the determination as EB, as meant in

paragraph (1), to provide the exposure or prospectus on its
export goods.

(3) In order to obtain the determination as EB, as meant in

Article 2, the Producer Exporter should submit the request
through the e-SKA SM to the Director by attaching the
following documents:
a. Trade Business License (SIUP) or similar type of
business license from the authorized Agency;
b. Industrial Business License (IUI) or similar type of
business license from the authorized Agency;
c. Company Registration (TDP);
d. Taxpayer Registration Number (NPWP);
e. Statement of willing to be audited; and
f. Name of signatories and samples of signatures of
maximum 3 (three) persons who are authorized to sign
the Invoice Declaration.

Article 7

(1) Based on the request, as meant in Article 6 paragraph (3),

the Director assigns the Surveyor who is already
determined by the Procurement Service Unit (ULP) of the
Ministry of Trade to carry out the VAB.

(2) The results of VAB, as meant in paragraph (1), are entered

into the VAB result report form.

(3) The VAB result report, as meant in paragraph (2), contains

at least the data on:
a. name of company;
b. address of company;
c. company Registration (TDP);
d. description of goods;
e. Harmonized System (HS) number based on information
from the Producer Exporter;

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f. unit of goods type; and

g. origin of goods criteria compliance.

(4) The form of the VAB result report, as meant in paragraph

(2), is contained in Appendix II, which is an inseparable part
of this Regulation of the Minister.

(5) The VAB result report, as meant in paragraph (2), is issued

within not later than 3 (three) working days effective as of
the date of the VAB process completion.

(6) The VAB result report, as meant in paragraph (2), is

submitted to the Director as the basis of consideration to
issue the determination as EB.

(7) The VAB result report, as meant in paragraph (2), and its
supporting documents should be stored with the storage
term of minimum 3 (three) years effective as of the
issuance date of the VAB result report.

(8) The validity term of the VAB result report is 2 (two) years
effective as of the date of issuance.

Article 8

(1) The Director, on behalf of the Director General, issues the

determination as EB within the period of not later than 5
(five) working days effective as of the date the request, as
meant in Article 6 paragraph (3), is received completely and
correctly.

(2) The EB, as meant in paragraph (1) applies for the term of 2
(two) years effective as of the date of issuance and may be
extended.

Article 9

(1) The cost for the VAB, as meant in Article 7, is taken from
the National Budget (APBN) of the running year.

(2) In case the cost, as meant in paragraph (1), has been used

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up, and there is still another Producer Exporter who

submits the request to be determined as EB, then the VAB
cost is charged to the Producer Exporter.

(3) In case the budget of the running year has been used up,
and the EB is intended to add other export goods to be
carried out the VAB, then the VAB cost is charged to the
EB owner Producer Exporter.

(4) The VAB process for the Producer Exporter, as meant in

paragraph (2) and paragraph (3), is carried out by the
Surveyor, as meant in Article 7 paragraph (1) during the
running year.

(5) The VAB cost that is charged to the Producer Exporter, as

meant in paragraph (2) and paragraph (3), is determined
based on the agreement between the Producer Exporter
and Surveyor by taking account of the benefit principle.

Article 10

The Exporter Producer who is intended to extend the EB, as

meant in Article 8 paragraph (2), should undergo the re-VAB
every 2 (two) years with the cost charged to the EB owner
Producer Exporter.

Article 11

(1) The issuance of the Invoice Declaration, as meant in Article

2, should use the e-SKA SM through the web address
http://sm.e-ska.kemendag.go.id.

(2) The e-SKA SM provides the Invoice Declaration data input

method using the web form or web service that is
integrated with the Invoice Declaration issuance system at
the internal EB.

(3) The EB has the right to choose the Invoice Declaration data
input method, as meant in paragraph (2), for the issuance
of its Invoice Declaration.

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(4) The form of the Invoice Declaration that is issued by using

the web form data input method as meant in paragraph (2),
is contained in Appendix III, which is an inseparable part of
this Regulation of the Minister.

(5) The data element in the Invoice Declaration, as meant in

paragraph (4), uses the standard of the World Customs
Organization (WCO) as contained in Appendix IV, which is
an inseparable part of this Regulation of the Minister.

(6) The Invoice Declaration, which is issued by using the web

service data input method as meant in paragraph (2), uses
the data element as meant in paragraph (5).

Article 12

(1) The Invoice Declaration, as meant in Article 11, should be

printed on the company letterhead of EB and signed by the
official who is authorized to sign the Invoice Declaration
and has been wet stamped.

(2) The Invoice Declaration, as meant in Article 2, should at

least contain the data and information on:

a. description of goods, Postal Tariff/Code HS 8 (eight)

digits of the export destination country; and
b. the following sentence:
“The exporter of the product (s) covered by this
document (Certified Exporter Authorization Code….)
declares, that, except where otherwise clearly
indicated, the products (HS Code/s:……) satisfy the
Rules of Origin to be to be considered as ASEAN
Originating Products under ATIGA (ASEAN country of
origin: ………………..) with origin criteria: ………….
…………………………………..………………
Signature Over Printed Name of the
Authorized Signatory”

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c. The authentic code for identification of export goods

determined by the Ministry of Trade in the e-SKA SM
system.

Article 13

(1) The Invoice Declaration, as meant in Article 2, applies for 1

(one) year effective as of the date of issuance.

(2) The Invoice Declaration, as meant in paragraph (1), and its

supporting documents should be stored with the minimum
storage period of 3 (three) years effective as of the
issuance date of the Invoice Declaration.

Article 14

The name of company, TDP number, company domicile, list of

signatories and signature samples of maximum 3 (three)
persons who are authorized to sign the Invoice Declaration, EB
number including its validity term, and list of export goods should
be submitted by the Director to the Secretariat of The
Association of Southeast Asian Nations (ASEAN).

Article 15

(1) The EB should submit the following reports:

a. amendment of company data, as meant in Article 6
paragraph (3), in case of any amendments;
b. amendment and/or revocation of the Invoice
Declaration that has been issued, in case of an
amendment or revocation;
c. change of the production process and origin of
standard materials, in case of any changes; and/or
d. addition of export goods in the Invoice Declaration, in
case of an addition.

(2) The reports, as meant in paragraph (1), are submitted to

the Ministry of Trade through the e-SKA SM immediately
after the change, revocation and/or addition as meant in

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paragraph (1).

Article 16

(1) The determination as EB cannot be extended in case the

EB owner Producer Exporter does not carry out the re-VAB
every 2 (two) years as meant in Article 10.

(2) The determination as EB is withdrawn in case the EB

owner Producer Exporter:
a. does not submit the report as meant Article 15
paragraph (1);
b. conducts the violation on the origin of goods criteria
compliance as contained in the Invoice Declaration
based on the result of checking by the Ministry of Trade
and/or customs of the export destination country;
c. conducts the violation in the export sector based on the
legislative regulations; and/or
d. is declared guilty based on the court verdict that has a
permanent legal power on the criminal act related to the
misuse of export documents.

Article 17

The withdrawal as EB, as meant in Article 16 paragraph (2), is

determined by the Director for and on behalf of the Director
General.

Article 18

The Producer Exporter whose EB has been withdrawn, as meant

in Article 16 paragraph (2), may resubmit the request to be
determined as EB within minimum 1 (one) year effective as of
the date of withdrawal.

Article 19

The Directorate of Export and Import Facilitation of the Ministry

of Trade provide guidance to EB in the framework of the origin of
goods compliance and verification of the export destination

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country.

Article 20

The control on the exp[ort of goods by using the Invoice

Declaration is carried out in accordance with provisions of the
legislative regulations.

Article 21

The technical instructions for the implementation of this

Regulation of the Minister may be determined by the Director
General.

Article 22

The implementation of this Regulation of the Minister is

evaluated 1 (one) year after this Regulation of the Minister
commences applicable.

Article 23

This Regulation of the Minister commences applicable on the

date of enactment.

So that it is known by everyone, the enactment of this

Regulation of the Minister is instructed with its placement in the
State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
Dated August 13, 2013
MINISTER OF TRADE OF THE REPUBLIC OF
INDONESIA,
signed
GITA IRAWAN WIRJAWAN

Copy corresponds with the original

Secretariat General of Ministry of Trade
Head of Legal Bureau,
signed
LASMININGSIH

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