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On September 19, 2018, the Minister of Trade issued Regulation of the Minister of Trade of the Republic of Indonesia No. 95 of 2018 concerning the Third Amendment to the Regulation of the Minister of Trade No. 39 / M-Dag / Per / 7/2014 on Export Provisions for Coal and Coal Products. This regulation is regulated the mechanism for the Transport and Sales IUP OPK holders to submit an application for recognition as Registered Exporters. Previously, in Regulation of the Minister of Trade of the Republic of Indonesia Number 52 Year 2018 on the Second Amendment to the Regulation of the Minister of Trade No. 39 / M-Dag / Per / 7/2014 on Export Provisions for Coal and Coal Products, the holders of Transfer and Sales IUP OPK were not allowed to submit an application for Recognition as Registered Exporters.
Recognition as Registered Exporters for the holders of transfer and sales IUP OPK in this regulation is equated with the recognition as Registered Exporters granted to holders of Production Operation IUP, Production Operation IUPK, Processing and/or Refining IUP OPK (IUP OPK Pengolahan dan Pemurnian) and PKP2B. The submission for recognition as Registered Exporters can be done electronically through the http://inatrade.kemendag.go.id by attaching the scan of the following original documents:
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- Business Identification Number (NIB);
- Transport and Sales IUP OPK;
- Sales and Purchase Agreement on Coal and Coal Products between the holder of Transport and Sales IUP OPK and the holder of Production Operation IUP, PKP2B or Production Operation IUPK;
- Proof of payment of production/royalty fees owned by Production Operation IUP, PKP2B, or Production Operation IUPK holders;
- Recapitulation of proof of payment of production/royalty fees for the last 2 (two) years for the Production Operation IUP, Production Operation IUPK or PKP2B holders;
- A Statement letter showing the fulfillment of tax payment obligations.
The Minister of Trade will issue recognition as Registered Exporters through the INATRADE website within than 5 working days after submission. However, if there is an error or lack of the required documents, the rejection will be issued within than 3 working days after submission.
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Dendi Adisuryo
dendi.adisuryo@adcolaw.com
Liza Mashita
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This publication has been prepared by Aditya Yudhistira for general informational purposes only to provide clients with information on recent legal developments and is not intended as legal advice or opinion.