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Indonesia Sanctions & Export Controls Legal Questions answered by Lawyers

Browse our 2 legal questions about Sanctions & Export Controls in Indonesia and read the lawyer answers, or ask your own questions for free.

Can my [company removed] export machinery if the buyer is linked to a sanctioned entity?
Sanctions & Export Controls
We received a purchase order from a trading company in another country, but our bank flagged the buyer as potentially connected to a sanctioned group. I want to know what checks and documents we must do before shipping, and what penalties could apply if we get it wrong.
Lawyer answer by LAW FIRM ERIC BRYAN & PARTNERS KANTOR HUKUM DAN PENGACARA

**Conclusion:** Although Indonesia does not have a law that directly adopts international trade sanctions from other countries, your company still has to be very careful. Involvement with sanctioned parties can trigger investigations by Indonesian financial and law enforcement authorities based...

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Can my Indonesian company export machine parts if the end user may be in a sanctioned country?
Sanctions & Export Controls
We received an order for industrial spare parts, but the buyer won’t clearly disclose the final end user and destination. I’m worried we could breach sanctions or export control rules if the goods are rerouted. What checks and clauses should we put in place before shipping?
Lawyer answer by Ramanda International Consulting Firm Cab. Surabaya

Thank you for your inquiry. In principle, an Indonesian company may export machine parts; however, the situation you described raises significant sanctions and export control risks, particularly due to the lack of clarity regarding the final end user and destination....

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When a Wiyung business needs export-control advice

For a business in Wiyung, sanctions and export-control issues often arise when goods, payments, customers, or shipping routes cross borders. A shipment may leave through Tanjung Perak, while export declarations and customs checks are handled by the relevant customs authorities, not by the Wiyung subdistrict office.

Indonesian rules can restrict particular goods or require export approvals. The right answer depends on the goods’ classification, the current trade rules, the exporter, and the destination. Foreign sanctions may also create risk where a transaction has a connection to the country or institution imposing them, or where banks or counterparties apply their own restrictions.

A lawyer can help assess the rules before shipment, respond to a permit or customs problem, or review a payment or counterparty concern. Indonesian restrictions and foreign sanctions are separate questions, so advice should identify which law or commercial policy is affecting the transaction.

Situations where a lawyer may be useful

  • A Wiyung manufacturer or trader is unsure whether its products need an export approval or are prohibited or restricted for export.
  • Customs questions the goods’ tariff classification, declared value, origin, or export documents for a shipment routed through Tanjung Perak.
  • A shipment is delayed or stopped because the goods, end user, destination, or supporting documents raise compliance concerns.
  • A bank or overseas buyer rejects or freezes a payment after a sanctions screening check, and the business needs to identify the reason and its options.
  • A company discovers that a customer, intermediary, vessel, or beneficial owner may appear on a sanctions or terrorist-financing list.
  • A business needs to review a contract, distributor, or supply chain before accepting an export order involving controlled goods or a higher-risk destination.

Indonesian laws and rules to check

Law No. 7 of 2014 on Trade provides the framework for trade, including exports and government control of goods. It was amended by Law No. 6 of 2023, enacted on March 31, 2023. The applicable export requirements may also depend on current implementing regulations and the product involved.

Government Regulation No. 29 of 2021 on the Implementation of the Trade Sector sets out implementing rules for trade, including matters relevant to export activity. It was enacted on February 2, 2021. Businesses should check later amendments and current ministerial rules before relying on a particular permit or restriction.

Law No. 9 of 2013 on the Prevention and Eradication of the Crime of Terrorist Financing provides for measures relating to terrorist financing, including asset-freezing obligations connected with relevant lists and decisions. It was enacted on March 13, 2013. It does not create a general Indonesian economic-sanctions regime covering every foreign sanctions list.

Frequently asked questions

Does every Wiyung exporter need an export lawyer?

No. A business with straightforward goods and clear documentation may be able to comply without one. Legal advice is more valuable when the goods may be controlled, a permit is unclear, or a customs, bank, or counterparty has raised a concern.

Are foreign sanctions automatically Indonesian law?

No. A foreign country’s sanctions do not automatically apply as Indonesian law to every local business. They may still affect a transaction through its foreign-law connections, a bank, a buyer, or another party that must follow those sanctions.

How can I tell whether my goods need an export approval?

Start with the precise product description, tariff classification, intended use, destination, and current Indonesian export rules. A lawyer can help check the applicable requirements with the relevant trade and customs authorities, but classification and rules should be confirmed for the specific shipment.

Can an individual, not just a company, seek advice?

Yes. An individual exporter, company officer, employee, or other person affected by a transaction may seek legal advice. The lawyer will need to understand the person’s role and any company or employment interests involved.

What should I bring to an initial consultation?

Bring product specifications, tariff codes if known, permits, invoices, contracts, shipping records, payment messages, and any notice from a bank or authority. A clear timeline and details about the buyer, end user, destination, and intermediaries can help focus the review.

How much does a sanctions and export-control lawyer cost in Wiyung?

There is no single official fee for this work. Fees depend on whether the matter involves a document review, permit application, customs response, investigation, or cross-border advice; ask for a written scope and fee arrangement before work begins.

How long does an export-control review take?

A preliminary review may take several business days if the product and transaction records are complete. A permit process, customs query, or investigation can take longer, and the timing depends on the authority or other parties involved.

Can a lawyer make a bank release a blocked payment?

Not simply by asking. A lawyer can seek the bank’s reason, assess the applicable restrictions and documents, and present a response or correction where available; the bank may still be required to maintain its restriction.

What is the difference between an export permit issue and a sanctions issue?

An export-permit issue concerns whether Indonesian rules allow or condition the shipment of particular goods. A sanctions issue concerns restrictions on specified people, entities, activities, or transactions under an applicable sanctions regime or a financial institution’s compliance rules.

Can I challenge a customs decision or shipment hold?

There may be administrative response or review options, depending on the decision and the legal basis for the hold. Obtain the written notice and act promptly, because the available process and any deadline depend on the specific action taken.

How do I check whether a lawyer is suitable?

Ask about their work with Indonesian trade rules, customs matters, financial restrictions, and cross-border transactions similar to yours. Confirm who will handle the matter, check credentials and conflicts, and agree in writing on the scope, fees, and reporting arrangements.

Official resources

  • Ministry of Trade of the Republic of Indonesia: publishes trade policies and administers relevant trade and export requirements. It is a useful source for checking current rules and permit procedures.
  • Directorate General of Customs and Excise, Ministry of Finance: administers customs procedures and export declarations. The customs office responsible for the shipment can address operational customs matters.
  • Indonesian Financial Transaction Reports and Analysis Center (PPATK): receives and analyzes financial transaction information and supports efforts to prevent money laundering and terrorist financing. It is not an export licensing authority.

Steps to find and hire a lawyer

  1. Gather the facts. Within a day or two, collect product details, tariff codes, destination, buyer and end-user information, contracts, payment records, and any authority or bank notice.
  2. Define the problem. Identify whether you need help with export classification, a permit, a customs hold, a sanctions screening concern, or several issues. Note any shipment dates or response deadlines.
  3. Shortlist relevant lawyers. Look for Indonesian advocates who can explain their experience with trade, customs, financial restrictions, or cross-border transactions. Ask whether they can advise on any foreign law involved or will coordinate separate foreign counsel.
  4. Arrange consultations. Contact suitable candidates promptly, especially if goods or funds are held. Ask how they would identify the applicable rules and what information they need to assess the matter.
  5. Compare scope and fees. Request a written proposal describing the work, likely stages, fees, disbursements, and who will handle communications with authorities, banks, or counterparties.
  6. Check credentials and conflicts. Before engagement, confirm the advocate’s professional details, check for conflicts, and clarify confidentiality and communication arrangements.
  7. Sign an engagement agreement and preserve records. Once you select counsel, document the agreed scope and provide complete records promptly. Avoid altering or destroying documents, and follow advice on communications and shipment steps.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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