Professional Documents
Culture Documents
Considering: a. that the era of globalization and the free market give equal opportunity for
businesses to participate in marketing goods and / or services in order to create a
conducive business climate;
b. that controls the distribution of goods and / or services in an orderly and smooth
manner, through agents and / or distributor, directed to provide protection
consumers, and provide legal certainty and business certainty, it is necessary to
have provisions and procedures how to issue an agent registration certificate or
distributor of goods and / or services;
In view of: 1. Bedrijfsreglementeerings Ordonnantie 1934 (Statute Book of 1938 Number 86);
10. Law of the Republic of Indonesia Number 32 Year 2004 concerning Regional
Government (State Gazette Republic of Indonesia Year 2004 Number 125,
Additional State Gazette of the Republic of Indonesia Number 4437);
12. Decree of the President of the Republic of Indonesia Number 96 Year 2000,
concerning Closed and Business Fields Business Fields Open with Requirements
Specific for Investment as already amended by the Decree of the President of the
Republic Indonesia Number 118 of 2000;
14. Decree of the Minister of Trade of the Republic of Indonesia Number 382 / Kp
/ XII / 1977 about Provisions Implementation of Termination of Foreign Business
Activities In the field of trade;
16. Decree of the Minister of Industry and Trade Republic of Indonesia Number
230 / MPP / Kep / 7/1997 concerning Goods Regulated by Import Trading, as
amended by a Ministerial Decree Trade and Industry of the Republic of Indonesia
Number 406 / MPP / Kep / 6/2004;
DECIDES:
CHAPTER I
GENERAL REQUIREMENTS
Article 1
CHAPTER II
REGISTRATION AND AUTHORITY
Part One
Registration
Section 2
1) Every national trading company makes an agreement with the principal of foreign or
internal production goods or services country as an agent, sole agent, distributor or sole
distributor must be registered with the Ministry of Commerce to obtain STP.
2) Agents, sole agents, distributors or sole distributors who have obtain STP as referred to in
paragraph (1) can appoint sub agents or sub distributors.
3) The appointed sub-agent or sub-distributor as intended in paragraph (2) must be registered
with the Ministry of Commerce for get STP.
Article 4
Appointment of agents, sole agents, distributors or sole distributors can
done by :
a. Principal producer;
b. Supplier principal based on approval from the principal manufacturer;
c. Foreign Investment Company engaged in the field trade as a distributor / wholesaler;
d. Representative Office of Foreign Trade Companies.
Article 5
(1) Foreign Investment Company (PMA) as intended in Article 4 letter c in carrying out business
activities trade must:
a. appoint a national trading company as an agent, agent single, distributor or sole distributor;
b. the appointment referred to in letter a is made in form of agreement legalized by a notary;
c. agreements with national trading companies as referred to in letter b must obtain written
approval from the principal producer that he represents abroad.
(2) Representative Offices of Foreign Trade Companies as referred to in Article 4 letter d which
already has a business license Representative of a Foreign Trade Company (SIUP3A) in
carrying out trading business activities must:
a. appoint a national trading company as an agent, agent single, distributor or sole distributor;
b. the appointment referred to in letter a in the form agreement legalized by a notary;
c. agreements with national trading companies as referred to in letter b must obtain written
approval from the principal producer that he represents abroad.
CHAPTER IV
PROCEDURES AND REGISTRATION REQUIREMENTS
Part One
Procedure for Registration
Article 6
(1) Request registration of agents, sole agents, sub agents, distributors, sole distributor or sub
distributor of goods and / or production services foreign or domestic submitted in writing to
Director of Business Development and Company Registration, Department Trading.
(2) Application for registration as referred to in paragraph (1) equipped with a list of
application fields as stated in Appendix I of this rule.
(3) Application for registration of Single Production Fertilizer Agency Outside The country is
submitted in writing to the Director of Business Development and Company Registration
with an Application List as stated in Appendix II of this rule.
(4) The application for registration is signed by the Director or person in charge of the
company.
Article 7
(1) No later than 5 (five) working days from receipt complete and correct application for
registration, Director Bina Business and Company Registration issues STP.
(2) If the application letter is considered incomplete and correct as referred to in Article 8,
Article 9, Article 10, Article 11, Article 12, Article 13, Article 14 and Article 15 of this
Regulation, at the latest 3 (three) working days from receipt of the application letter, The
Director of Business Development and Company Registration is required submit written
objections to the company concerned with the reasons.
Article 8
Request registration as an agent, sole agent, distributor or sole distributor of foreign production
goods and / or services delivered to the Director of Business Development and Company
Registration with attach documents:
a. Agreement that has been legalized by Notary Public and certificate from the Indonesian Trade
Attaché or Office Officer Representative of the Republic of Indonesia in the principal country,
with show the original;
b. If the agreement is carried out by the principal supplier, principal supplier obliged to show
authority from the producer principal;
c. Copy of Trading Business License (SIUP);
d. Copy of valid Company Registration Certificate (TDP);
e. A copy of the valid General Import Identification Number (API-U), specifically for sole
distributors or distributors;
f. Copy of the Company's Deed of Establishment and / or Amendment Deed get approval from the
authorized agency;
g. Copy of ratification of the Legal Entity from the Law and Rights Department Human Rights for
Limited Liability Companies;
h. Especially for agents or sole agents, make a statement states that it does not exercise control and
storage goods that are represented;
i. Original leaflets / brochures / catalogs from principals for types of goods and / or services
which is represented;
j. Copy of permit or other registration letter from the technical agency still applies to certain types
of goods in accordance with the regulations apply;
k. Copy of Permanent Business License / BKPM Approval Letter if the agreement carried out
with Foreign Investment Companies (PMA) which engaged in distributor / wholesaler;
l. Copy of Business License of Foreign Trade Representative Company (SIUP3A) if the
agreement is carried out with the Representative Office Foreign Trade Company.
Article 9
Request an extension of registration as an agent, sole agent, distributor or sole distributor of foreign
production goods and / or services submitted to the Director of Business Development and
Company Registration, by attaching documents as referred to in Article 8 and must be completed
with:
a. confirmation from the Principal that has been legalized by Notary Public and certificate from
the Trade Attache of the Republic of Indonesia or Representative Office of the Republic of
Indonesia in the principal country with show the original;
b. company activity report every 6 (six) months;
c. the original STP requested for extension.
Article 10
For certain types of goods as referred to in Article 8 letters j, must be completed with:
Part Three
Sub Agent / Registration Requirements
Sub Distributor of Overseas Production of Goods and / or Services
Article 11
(1) Application for registration as a sub-agent / sub-distributor of goods and / or foreign production
services submitted in writing to Director of Business Development and Company Registration
with attach documents:
a. Agreement or Appointment with / from agent, sole agent, sole distributor or distributor
who points and has legalized by a Notary by showing the original;
b. STP copy that is still valid from the agent, sole agent or distributor, sole distributor who
points;
c. Copy of Trading Business License (SIUP);
d. Copy of valid Company Registration Certificate (TDP);
e. Copy of the Company's Deed of Establishment and / or Amendment Deed has been
approved by the competent authority;
f. Copy of legal entity approval from the Ministry of Law and Rights Human Rights for
Limited Liability Companies.
(2) Application for extension of registration as sub-agent / sub distributor of foreign production
goods or services delivered in writing to the Director of Business Development and Company
Registration, with attach documents as referred to in paragraph (1) and mandatory equipped
with :
a. Confirm from agents, sole agents or distributors, distributors a single that is pointed out
and legalized by a Notary with show the original;
b. STP copy that is still valid from the agent, sole agent or distributor, sole distributor who
points;
c. Company activity report every 6 (six) months;
d. Original STP Sub Agent / Sub Distributor requested extension.
Part Four
Agent Registration Requirements /
Distributor of Domestic Production Goods and / or Services
Article 12
Application for registration as an agent, sole agent, distributor or sole distributor of domestic
production goods and / or services delivered to the Director of Business Development and Company
Registration complete with documents:
a. Agreement that has been legalized by a Notary with show the original;
b. Copy of Trading Business License (SIUP);
c. Copy of valid Company Registration Certificate (TDP);
d. Copy of Company Establishment Deed and / or Amendment Deed who have received
ratification from the competent authority;
e. Copy of approval of the Legal Entity from the Law Department and Human Rights for
Limited Liability Companies;
f. Copy of Industrial Business License from the principal manufacturer;
g. Especially for agents or sole agents, making letters statement stating that not exercising
control and storage of goods that are represented;
h. Original leaflets / brochures / catalogs from principals for types goods / services that are
represented.
Article 13
a. Confirmation from the Principal that has been legalized by the Notary with show the
original;
b. Company activity report every 6 (six) months;
c. Original Registration Certificate requested for extension.
Article 14
For certain types of goods as referred to in Article 8 letters j must be accompanied by documents as
referred to in Article 10.
Part Five
Sub Agent / Registration Requirements
Sub Distributor of Domestic Production Goods and / or Services
Article 15
a. Agreement or appointment from agent, sole agent or distributor, sole distributor legalized
by a Notary with show the original;
b. STP copy that is still valid from the agent, sole agent or distributor, sole distributor who
points;
c. Copy of Trading Business License (SIUP);
d. Copy of valid Company Registration Certificate (TDP);
e. Copy of the Company's Deed of Establishment and / or Amendment Deed has been
approved by the competent authority;
f. Copy of approval of the Legal Entity from the Law Department and Human Rights for
Limited Liability Companies.
(2) Application for extension of registration as sub-agent / sub distributor of domestic production
goods and / or services delivered in writing to the Director of Business Development and
Registration Company, by attaching documents as intended in paragraph (1) and must be completed
with:
a. Confirm from agents, sole agents or distributors, distributors single, legalized by a Notary
by showing original;
b. Company activity report every 6 (six) months:
c. Original STP requested for extension.
CHAPTER V
APPLICATION, REPLACEMENT AND COLOR
LETTER MARKING REGISTRATION
Article 16
(1) STP's validity period as an agent, sole agent, distributor or sole distributor of overseas
production goods and / or services or domestic designated by the principal manufacturer,
provided for 2 (two) years from the date of issuance of STP, except within agreement or
confirmation determined less than 2 (two) years.
(2) The validity period of STP as an agent, sole agent, distributor or sole distributor of foreign
production goods and / or services appointed by the supplier principal for 2 (two) years
from the date of issuance of STP, except in agreement or confirmation determined less than
2 (two) years or determined less than that by the principal manufacturer.
(3) STP validity period as a sub agent or sub distributor is given according to the agreed period
and at the same time with the validity period of STP from agents, sole agents, distributors
or sole distributor who points.
Article 17
(1) Every agent, sole agent, sub agent, distributor, sole distributor or sub-distributors of goods
and / or services whose STPs are missing mandatory submit a written reimbursement
request to the Director Business Development and Company Registration by attaching a
Letter Information on Loss from the Police.
(2) Every agent, sole agent, sub agent, distributor, sole distributor or the sub distributor of
goods and / or services for which the STP is damaged is mandatory submit a written
reimbursement request to the Director Business Development and Company Registration by
attaching STP The original is broken.
(3) The validity period of STP issued as a substitute or duplicate, same as the validity period of
STP that is lost or damaged.
Article 18
STP agents, sole agents, sub agents, distributors or sole or sub-distributors distributor consists of:
a. STP as an agent, sole agent, sub agent, distributor, distributor single, or sub distributor of
colored foreign goods yellow;
b. STP as sole agent or agent, sub-agent of outside production services country or domestic in
red;
c. STP as an agent, sole agent, sub agent, distributor, distributor single, or sub distributor of
colored domestic production goods blue;
d. STP as the sole agent of green manure produced abroad.
CHAPTER VI
REPORTING
Article 19
(1) Agents, sole agents, sub agents, distributors or sole or sub-distributors distributor of goods
and / or services must submit activity reports the company every 6 (six) months to the
Director of Business Development and Company Registration.
(2) Agents, sole agents, sub agents, distributors or sole or sub-distributors distributor of goods
and / or services that no longer carry out activities the business or closing the company
must report closure its business activities and return the original STP to Director Bina
Business and Company Registration.
(3) Agents, sole agents, sub agents, distributors or sole or sub-distributors distributors of goods
and / or services that make changes to names principal, status of appointment of agency /
distributor, brand, region marketing, type of goods, company address, person in charge the
company must report to the Director of Business Development and Company Registration.
CHAPTER VII
RIGHTS AND OBLIGATIONS
Article 20
(1) Agents, sole agents, sub agents, distributors or sole or sub-distributors distributor has the
right to get education and training for improve skills and after-sales service from the
principal, and regularly get information about developments product.
(2) If necessary, agents, sole agents, distributors or distributors a single can employ foreign
experts within technical field in accordance with applicable regulations.
(3) Agents, sole agents, distributors or sole distributors must protect the principal's interests and
confidentiality of goods and / or services that are authorized as agreed in the agreement.
(4) Principal Producer who supplies goods that are used continuous within the deadline of at
least 1 (one) year mandatory provide spare parts or after-sales service and fulfill guarantee
or guarantee in accordance with the agreed agreement.
CHAPTER VIII
AGREEMENT
Article 21
(1) Engagement between principals and agents, sole agents, distributors or sole distributor of
foreign goods and / or production services must in the form of a legalized Notary Public
agreement and letter information from the Trade Attache of the Republic of Indonesia or
Official Representative Office of the Republic of Indonesia in the principal country.
(2) Engagement between principals and agents, sole agents, distributors or sole distributor of
domestic production goods and / or services must in the form of an agreement legalized by
a Notary.
(3) Principals can make agreements with only one single agent or sole distributor for the same
type of goods and / or services from a brand in a particular marketing area for a period of
time certain.
(4) Principals can make agreements with one or more agents or distributor for the same type of
goods and / or services from one brands in certain marketing areas outside the agent's
marketing area single or sole distributor.
(5) In the case of principals making more than one agent agreement or distributor as referred to
in paragraph (4), the principal is obligatory mention the names of appointed agents or
distributors.
(6) If there is an agreement more than one sole agent or distributor single by the principal for
the same type of goods and / or services from a brand in a particular marketing area, then
STP is givento the first applicant.
(7) Most agreements as referred to in paragraph (1) and paragraph (2) little load:
(8) Any agreement written in a foreign language must be translated into Indonesian by a sworn
translator.
CHAPTER IX
TERMINATION OF AGREEMENT
Article 22
(1) Agreement that is still valid, may end with the agreement of both parties in accordance with
the agreement and applicable legal provisions.
(2) A valid agreement can be terminated by either party if:
a. the company was dissolved;
b. the company stopped the business;
c. transferred agency / distribution rights;
d. bankrupt / bankrupt; and
e. agreement not extended.
(3) If the agreement is terminated as a sole agent or distributor single followed by the
appointment of an agent, sole agent, distributor or sole distributor that is new by the
principal before expiration STP validity period, to agents, sole agents, distributors or a
single distributor that can only be given STP after achieving it clean break.
(4) If the agreement is terminated as an agent or distributor followed with the appointment of a
new sole agent or new distributor by the principal before the expiration of the validity
period of the STP, then to single agent or sole distributor who can only be given STP after
achieving a clean break.
(5) If the unilateral termination of the agreement by the principal is not followed by
appointment of agents, sole agents, distributors or distributors single new, the principal
must continue to supply spare parts to agents, sole agents, distributors or sole distributors
who for at least 2 (two) years to maintain continuity of service after-sale to the user of the
item.
(6) If within 3 (three) months since the termination is made the agreement referred to in
paragraph (3) and (4) has not been reached clean break, temporarily full completion is still
being tried, STP is declared not apply and the principal can appoint agents, sole agents,
distributors or a new sole distributor.
CHAPTER X
DISPUTE RESOLUTION
Article 23
Disputes between the two parties in implementing the agreement resolved by:
a. In accordance with the contents of the agreement;
b. Discussion;
c. Arbitration;
d. Courts according to the law used.
CHAPTER XI
SANCTIONS
Article 24
Companies that violate the provisions referred to in Article 2 paragraph (1) is subject to
administrative sanctions in the form of:
a. Written warning at most 3 (three) times in a row with a grace period of 2 (two) weeks from
the date delivery by the Director of Business Development and Company Registration.
b. Revocation of SIUP for companies that do not heed warning as referred to in letter a.
Article 25
CHAPTER XII
OTHER PROVISIONS
Article 26
CHAPTER XIII
TRANSITIONAL PROVISIONS
Article 27
(1) For companies that already have STP before the implementation This regulation, the STP is
declared to remain valid until the end of the period validity.
(2) The company as referred to in paragraph (1) in conducting extension of registration is still
given 1 (one) year since stipulated this Regulation to make adjustments to the requirements
registration.
CHAPTER XIV
CLOSING
Article 28
Set in Jakarta
on: March 29, 2006
MINISTER OF TRADE OF THE
REPUBLIC OF INDONESIA
signed
Djunari I Waskito
ATTACHMENT OF THE REGULATION OF THE MINISTER OF TRADE OF THE
REPUBLIC OF INDONESIA
APPENDIX LIST
1. ATTACHMENT I: a. List of Application for Registration of Agent, Sole Agent, Sub Agent,
Distributor, Distributor Single or Sub Distributor of Goods and or Services
Foreign or Domestic Production.
2. ATTACHMENT II: a. List of Agency Registration Request Fields Single Fertilizer Overseas
Production.
MINISTER OF TRADE RI
signed
Djunari I Waskito
CONTENTS OF REGISTRATION APPLICATION, SINGLE AGENT, SUB AGENT,
DISTRIBUTOR, SINGLE DISTRIBUTORS OR DISTRIBUTOR SUBSIDIARIES OF
OUTDOOR PRODUCTS AND / OR SERVICES STATE OR STATE
COMPANY DATA:
FOR IN / OVERSEAS PRODUCTION *) COMPLETED BY THE ASSIGNMENT
As: Form Number
Agent / Sole Agent / Sub Agent / Distributor File Code
/ Sole Distributor / Sub Distributor *) Agenda STP
No No.
Date Date
New / Extension to
A. PRINCIPLES OF MANUFACTURERS
1. Company Name :
B. PRINCIPAL SUPPLIER
1. Company Name :
1. Agreement : No.
Date
Valid from date
to date
2. Marketing Area :
3. Certificate from Attache Indonesian Trade / Representative (specifically for foreign production) :
In
No.
Date
4. Legalization of Notary / Notary Public *):
In
No.
Date
Name:
Company:
Company's address:
1. Our company above is a National Company appointed as Agent / Sole Agent / Sub Agent /
Distributor / Sole Distributor / Sub Distributor *)
3. The types of goods distributed / distributed in number 1 above are not included in the category of
goods which are regulated by the Administration
- Our company does not control and store the items that are authorized.
a. there are other companies that have been appointed as Agents, Sole Agents, Distributors,
Sole Distributor *) of products / brands and types / types of goods / services as mentioned
in number 1 above; or the statements in numbers 2, 3 and 4 above are incorrect, then the
certificate
b. The registration (STP) that has been given to us is willing to be reviewed or canceled.
Thus this Statement is made in truth and if in the future the letter the statement is incorrect, so we
are willing to be prosecuted in accordance with the regulations current regulation.
Seal