JAPAN
Since September 2009, extended in March 2014 and 2019, until 2023
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Antidumping, countervailing duties and safeguard measures on ICT goods
Antidumping measure
In September 2009, the Japanese authorities imposed a definitive antidumping duty on imports of electrolytic manganese dioxide (HS 282010) (a component of the battery cathode mix in alkaline and lithium-ion batteries) from China. This measure was first reviewed and extended in March 2014 and, subsequently, in March 2019. The rate of duty imposed on imports originating in China ranges from 34.3% to 46.5%, depending on the company. In March 2023, the Japanese authorities announced the initiation of a sunset review of the definitive duty imposed on imports of the subject merchandise from China. This follows the application filed on January 2023 by Tosoh Hyuga Corporation and Tosoh Corporation.
Coverage Product: Electrolytic manganese dioxide (HS 282010)
Country: China
Country: China
JAPAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.27%
Coverage rate of zero-tariffs on ICT goods (%)
94.18%
Coverage: Digital goods
INDONESIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Indonesia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
INDONESIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Indonesia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
INDONESIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Indonesia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
INDONESIA
Since October 2019
Since November 2020
Since November 2020
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Government Regulation No. 71/2019 regarding the Provision of Electronic System and Transaction
Indonesia Minister of Communication and Informatics Regulation No. 5/2020
Indonesia Minister of Communication and Informatics Regulation No. 5/2020
According to the Minister of Communication and Informatics Regulation No. 5 of 2020 on Private Electronic System Operators, foreign Private Electronic System Operators (ESOs) are required to register their businesses with the relevant ministry through the online single submission system. ESOs should also appoint liaison officers, who have to be domiciled in Indonesia. The duty of the liaison officer is to facilitate any access request by government authorities and takedown requests. According to the regulation, ESOs are persons, business entities, or communities that operate an electronic system. ESOs include electronic system operators that are supervised by ministers or institutions in accordance with laws and regulations, and electronic system operators that have an online portal, site, or application through the internet. The requirement was first enacted with Government Regulation No. 71/2019 regarding the Provision of Electronic Systems and Transaction which repealed the Government Regulation No. 82 of 2012.
Coverage Electronic system operators
Sources
- https://jdih.kominfo.go.id/produk_hukum/view/id/759/t/peraturan+menteri+komunikasi+dan+informatika+nomor+5+tahun+2020
- https://www.bakermckenzie.com/en/insight/publications/2019/10/new-regulation-electronic-system-and-transactions
- https://peraturan.bpk.go.id/Home/Details/122030/pp-no-71-tahun-2019
- https://www.lexology.com/library/detail.aspx?g=cd6e5251-6dd7-4b46-b6be-759c78c9bf7b
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INDONESIA
Since April 2008
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 11 Year 2008 concerning Information and Electronic Transactions
Law No. 11 Year 2008 concerning Information and Electronic Transactions provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
INDONESIA
Since June 2013
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Regulation No. 23 of 2013 on Domain Name Management
According to Regulation No. 23 of 2013 on Domain Name Management, websites are considered electronic systems, and as such, they need to get certified before registering for a domain name. Websites must also provide the identity of the party providing such an electronic system and information on the object of any transaction. It is reported that for the domain name registration, local presence is required.
Coverage Horizontal
INDONESIA
Since November 2019
Since May 2020
Since May 2020
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Government Regulation No. 80/2019 on trading through the electronic system (E-commerce Law)
Ministry of Trade Regulation No. 50/2020
Ministry of Trade Regulation No. 50/2020
The E-commerce law states that subject to certain thresholds, foreign business actors that actively conduct e-commerce activities with consumers in Indonesia are deemed as physically present in Indonesia and conducting fixed business activities in Indonesia. These thresholds include (i) number of transactions, (ii) transaction value, (iii) number of shipped packages, and/or (iv) volume of traffic or number of users. A foreign business actor that meets any of the thresholds must appoint an Indonesian representative who can act on its behalf.
In addition, in May 2020, Indonesia issued Ministry of Trade Regulation No. 50/2020 which requires certain foreign e-commerce operators to establish a local representative office in Indonesia. Foreign e-commerce operators that meet either of the following thresholds have to establish a trade representative office in Indonesia: i) those that annually transact with more than 1,000 consumers in Indonesia, and ii) those that annually deliver more than 1,000 packages to consumers in Indonesia. According to the Regulation, the assessment of whether a foreign e-commerce operator met the threshold would be done by the Ministry of Trade.
In addition, in May 2020, Indonesia issued Ministry of Trade Regulation No. 50/2020 which requires certain foreign e-commerce operators to establish a local representative office in Indonesia. Foreign e-commerce operators that meet either of the following thresholds have to establish a trade representative office in Indonesia: i) those that annually transact with more than 1,000 consumers in Indonesia, and ii) those that annually deliver more than 1,000 packages to consumers in Indonesia. According to the Regulation, the assessment of whether a foreign e-commerce operator met the threshold would be done by the Ministry of Trade.
Coverage E-commerce
Sources
- https://peraturan.bpk.go.id/Home/Details/126143/pp-no-80-tahun-2019
- https://peraturan.bpk.go.id/Home/Details/160273/permendag-no-50-tahun-2020#:~:text=Permendag%20No.%2050%20Tahun%202020,Sistem%20Elektronik%20%5BJDIH%20BPK%20RI%5D
- https://jdih.kominfo.go.id/produk_hukum/view/id/759/t/peraturan+menteri+komunikasi+dan+informatika+nomor+5+tahun+2020
- https://www.bakermckenzie.com/en/insight/publications/2019/10/new-regulation-electronic-system-and-transactions
- Show more...
INDONESIA
Since December 2019
Since January 2020
Since January 2020
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Minister of Finance Regulation No. 199/2019
Director General Customs and Excise Regulation No. 2/2020
Director General Customs and Excise Regulation No. 2/2020
According to the Minister of Finance Regulation No. 199/2019 and Director General Customs and Excise Regulation No. 2/2020, de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 3. It is reported that, by the Director General Customs and Excise Regulation No. 2/2020, Indonesia lowered the threshold for import duty exemption for major imported products from USD 75 per consignment to USD 3, per consignment in order to protect the domestic industry.
Coverage Horizontal
Sources
- https://jdih.kemenkeu.go.id/fullText/2019/199~PMK.010~2019Per.pdf
- https://peraturan.beacukai.go.id/index.html?page=detail/jenis/13/1023/peraturan-dirjen-bea-cukai/per-02-bc-2020/petunjuk-pelaksanaan-impor-barang-kiriman.html
- https://www.globaltradealert.org/state-act/44370/indonesia-lower-threshold-for-import-duty-exemption
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- Show more...
INDONESIA
Since June 2017
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Bank of Indonesia Regulation 19/8/2017
The Bank of Indonesia Regulation 19/8/2017 on the National Payment Gateway allows three types of institutions to process domestic electronic transactions: standardization institutions, switching institutions, and service institutions. According to Art. 12, all switching institutions have to be owned by at least 80% of Indonesian citizens or entities. The switching institutions are defined under Art. 1.3 as entities within the National Payment Gateway that "process payment transactions".
Coverage Payment services
INDONESIA
Since April 2009, last amended in April 2014
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Bank Indonesia Regulation No. 11/12/PBI/2009
Bank Indonesia Regulation No. 16/8/PBI/2014 regarding E-money
Bank Indonesia Regulation No. 16/8/PBI/2014 regarding E-money
Regulation No. 11/12/PBI/2009, as amended by Regulation No. 16/8/PBI 2014, requires that any e-money issuer must be licensed by Indonesia's Central Bank.
Coverage E-money issuers
INDONESIA
Since March 2013, last amended in February 2021
Pillar Online sales and transactions |
Sub-pillar Maximum foreign equity share for investment in e-commerce sector
Government Regulation No. 15/2013
Government Regulation No. 46/2021
Government Regulation No. 46/2021
There is a limit of 49% on the shares that can be acquired by foreign investors in government-controlled firms. This includes foreign participation express delivery services SOEs sector as regulated in the Government Regulation No. 15/2013 as amended by the Government Regulation No. 46/2021.
Coverage Express delivery services in state-owned enterprises
INDONESIA
Since February 2021
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Government Regulation (GR) 28/2021
The Government Regulation (GR) 28/2021 includes requirements governing conformity assessment to Indonesian national standards (“SNI”) for a wide variety of consumer goods, including electronics. It has been reported that testing laboratories and conformity assessment bodies have been told to halt certification until the Minister of Industry would issue implementing guidance for GR 28/2021. This standstill has resulted in the halting of imports that use the SNI scheme that requires testing per shipment. Additionally, GR 28/2021 requires that all steps of product testing be conducted by an Indonesian national residing in Indonesia, further complicating product sample collection amid ongoing travel restrictions.
Coverage Electronics
INDONESIA
Since 2000, last amended in 2021
Since 2020
Since 2020
Since 2020
Since 2020
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Government Regulation No.52/2000 as amended by the Government Regulation No. 46/2021
SDPPI Kepdiejen Postel No.3/2020
SDPPI Decision No. 36/2020
SDPPI Kepdiejen Postel No.3/2020
SDPPI Decision No. 36/2020
Government Regulation No. 46/2021, which replaces the Government Regulation No.52/2000 stipulates that a certificate of approval is required for IT and telecommunication equipment to be sold or imported into the Indonesian market. The certificate of approval is issued by the Directorate General of Resources and Equipment for Post and Information Technology (SDPPI). The SDPPI Kepdiejen Postel No. 3/2020 allows third party-certification from Conformity Assessment Bodies (CABs) from a number of countries.
In-country testing at an SDPPI laboratory of two randomly selected equipment samples is required for radio frequency and telecommunications equipment before the issuance of the certificate by SDPPI. SDPPI Decision No. 36 issued in January 2020 includes a list of the 150 international test labs that it recognizes.
In-country testing at an SDPPI laboratory of two randomly selected equipment samples is required for radio frequency and telecommunications equipment before the issuance of the certificate by SDPPI. SDPPI Decision No. 36 issued in January 2020 includes a list of the 150 international test labs that it recognizes.
Coverage IT and telecommunication equipment
Sources