Rabu, Juli 10, 2024

Framework on KAB and SKA for Imported Goods Subject to Trading Safeguards: Two SKA Classifications Now in Force

In an effort to ensure that trading safeguard measures are in line with current legal requirements, the Minister of Trade ("Minister") has introduced a number of revised provisions on Rules of Origin (Ketentuan Asal Barang– "KAB") and Certificates of Origin (Surat Keterangan Asal - "SKA") for imported goods subject to trading safeguard measures through the issuance of Regulation No. 16 of 2024 ("Regulation 16/2024"), which has been in force since 16 July 2024. Previously, matters relating to KAB and SKA were specifically addressed under Regulation of the Minister No. 37/M-DAG/PER/9/2008 ("Regulation 37/2008"), which has now been repealed and replaced.
Regulation 16/2024 states that any goods that are imported from developing countries may be exempted from the imposition of trading safeguards, provided that said imports are accompanied by the relevant SKA, which have been classified into the following types: 1) Preferential SKA: relevant exporting countries have secured import-duty reductions or exemptions from Indonesia; and 2) Non-Preferential SKA: relevant exporting countries have not secured the facilities outlined in point (1) above.
It should be noted that the above-mentioned preferential SKA implies that examinations of the origins and documentation of imported goods under Preferential SKA will be carried out in accordance with relevant international agreements, as drawn up between Indonesia and exporting countries. Meanwhile, imports of goods through Non-Preferential SKA will be examined in line with the various procedures that are outlined under Regulation 16/2024.
In terms of the above-mentioned Non-Preferential SKA, Regulation 16/2024 states that the applicable KAB for imported goods encompass the following provisions: 1) Origin criteria (i.e. entirely or not entirely obtained or produced); 2) Consignment criteria (i.e. direct or via transit consignments of imported goods); and 3) Procedural provisions (any non-preferential SKA that are issued by exporting countries should be submitted to Indonesian customs authorities).

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In an effort to ensure that trading safeguard measures are in line with current legal requirements, the Minister of Trade ("Minister") has introduced a number of revised provisions on Rules of Origin (Ketentuan Asal Barang– "KAB") and Certificates of Origin (Surat Keterangan Asal - "SKA") for imported goods subject to trading safeguard measures through the issuance of Regulation No. 16 of 2024 ("Regulation 16/2024"), which has been in force since 16 July 2024. Previously, matters relating to KAB and SKA were specifically addressed under Regulation of the Minister No. 37/M-DAG/PER/9/2008 ("Regulation 37/2008"), which has now been repealed and replaced.
Regulation 16/2024 states that any goods that are imported from developing countries may be exempted from the imposition of trading safeguards, provided that said imports are accompanied by the relevant SKA, which have been classified into the following types: 1) Preferential SKA: relevant exporting countries have secured import-duty reductions or exemptions from Indonesia; and 2) Non-Preferential SKA: relevant exporting countries have not secured the facilities outlined in point (1) above.
It should be noted that the above-mentioned preferential SKA implies that examinations of the origins and documentation of imported goods under Preferential SKA will be carried out in accordance with relevant international agreements, as drawn up between Indonesia and exporting countries. Meanwhile, imports of goods through Non-Preferential SKA will be examined in line with the various procedures that are outlined under Regulation 16/2024.
In terms of the above-mentioned Non-Preferential SKA, Regulation 16/2024 states that the applicable KAB for imported goods encompass the following provisions: 1) Origin criteria (i.e. entirely or not entirely obtained or produced); 2) Consignment criteria (i.e. direct or via transit consignments of imported goods); and 3) Procedural provisions (any non-preferential SKA that are issued by exporting countries should be submitted to Indonesian customs authorities).

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