Administrative Sanctions for Importers and Exporters

The Minister of Trade (“Minister”) has issued Regulation No. 36/M-DAG/PER/5/2016 on Procedures for the Imposition of Administrative Sanctions on Importers and Exporters (“2016 Regulation”).The 2016 Regulation sets out further details on the procedures to be followed when imposing administrative sanctions on importers/exporters who violate prevailing provisions on the export and import of goods, as mandated by article  43 (3), 46 (3), and 52 (6) of Law No.7 of 2014 on  Trade (“Trade Law”). [1] The 2016 Regulation is of relevance to all importers and exporters.Administrative SanctionsIn general, the government, specifically the Minister, Director General of Foreign Trade, or officials responsible for the issuance of permits (collectively referred to as “Government”) can impose administrative sanctions upon any importers or exporters who violate any of the current provisions on the import and export of goods. The 2016 Regulation stipulates four types of administrative sanctions namely: [2]