Want to Buy Cosmetics from Abroad? Here are the Regulations

PERTANYAAN

I read from the Klinik Hukumonline article that personal consumption drugs are allowed to enter Indonesia with a SAS License from the National Agency of Drug and Food Control. My question is, what about cosmetics that we often buy from abroad? Nowadays, many young people are crazy about Korean cosmetics. Many people buy them online and have them shipped directly from Korea because some are not available in Indonesia. Is it possible to import these cosmetics products individually for import into the country and for personal use?

INTISARI JAWABAN

Basically, there are different provisions for importing cosmetics from abroad for importers who will re-distribute and for individuals for personal use.

There is a Special Access Scheme ("SAS") mechanism to import cosmetics for personal use. What is SAS and what are its provisions?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Mau Beli Kosmetika dari Luar Negeri? Begini Aturannya written by Dian Dwi Jayanti, S.H., and published on Monday, 10 April 2023.

This article below is a second update of the article with the same title, written by Sovia Hasanah, S.H., and was first published on 9 January 2018, and first updated on Wednesday, 8 September 2021 by Erizka Permatasari, S.H.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Importation of Cosmetics in Indonesia

Before answering your question, we should first understand what is meant by import (or impor in Bahasa Indonesia). Import is the purchase of goods and services from abroad into the country with a cooperation agreement between 2 (two) or more countries. Import can also be said as trade by entering goods from abroad into Indonesian territory by fulfilling applicable regulations. Import is also the process of legally transporting goods or commodities from one country to another in the process of trade.[1]

Those definitions of import are in accordance with Law 7/2014, which states import as an activity of importing goods into the customs zone,[2] which is the territory of the Republic of Indonesia which includes the lands, waters and air space, and some points within the Exclusive Economic Zone and continental shelf in which the Customs Law applies.[3] In simple terms, imports can be understood as the entry of goods originating from outside the territory of the Republic of Indonesia into the territory of the Republic of Indonesia.

Then, based on Article 1 section 14 Regulation of the National Agency of Drug and Food Control 27/2022, cosmetics are materials or preparations intended for use on the external parts of the human body such as the epidermis, hair, nails, lips, and external genital organs, or teeth and oral mucous membranes, especially for cleaning, perfuming, changing appearance and/or to improve/treat body odor or protecting or maintaining human body in good condition.

Furthermore, we will explain some cosmetics regulatory that must be adhered to when importing cosmetics in Indonesia.

1. Having a distribution license and fulfilling the provisions of laws and regulations in the field of imports

Basically, drugs and food, including cosmetics that are imported into the territory of Indonesia, if distributed, must have a distribution permit/ distribution license and fulfill the provisions of laws and regulations in the field of imports.[4]

What is meant by distribution permit is a form of approval for the registration of drugs, traditional drugs, quasi drugs, health supplements, and processed food or a form of approval in the form of notification of cosmetics that have been notified, fulfillment of processed food commitments and approval of processed food to be distributed in the territory of Indonesia.[5]

2. Obtain approval from the Head of BPOM

Furthermore, the entry of cosmetics into the territory of Indonesia must also obtain approval from the Head of the National Agency of Drug and Food Control (Badan Pengawas Obat dan Makanan/ "BPOM")[6] in the form of:[7]

1. Border Import Certificate (Surat Keterangan Impor Border/ "SKI Border")

SKI Border is a letter of approval for the entry of goods into the territory of Indonesia that must be fulfilled before the goods are released from the customs zone in the context of monitoring the distribution of drugs and food.[8] Drugs and/or traditional medicines that are brought into the territory of Indonesia must have a Border Import Certificate at the time of filing an import notification issued by the authorized agency.[9]

2. Post Border Import Certificate (Surat Keterangan Impor Post Border/ "SKI Post Border")

SKI Post Border is a letter of approval for the entry of goods into the territory of Indonesia which is fulfilled before or after the release of goods from the customs zone in the context of monitoring the distribution of drugs and food.[10] Quasi drugs, health supplements, cosmetics, and/or processed food that are brought into the territory of Indonesia must have a Post Border Import Certificate no later than 7 (seven) days from the date of issuance of the approval letter for the release of goods.[11]

Post Border Import Certificate applicants may apply for it before obtaining the registration number and date of the notification of the import of goods.[12]

For information, SKI Border or SKI Post Border is only valid for 1 (one) entry.[13] Moreover, imports of drugs in the form of narcotics, psychotropic substances, or pharmaceutical precursors are exempted from obtaining approval from the Head of BPOM, but must meet the requirements of an analysis of the results of supervision and an import approval letter in accordance with the provisions of laws and regulations.[14]

3. Minimum shelf life

Cosmetics imported into Indonesia at the time of application for SKI Border or SKI Post Border must have a shelf life of at least 1/3 (one-third) of the shelf life.[15]

4. Can only be carried out by holders of distribution license or their proxies

Imports of cosmetics can only be carried out by holders of distribution license or their proxies,[16] and drug distribution license holders can authorize other pharmaceutical industries, pharmaceutical wholesalers importers, or government agencies as drug import executors.[17] If the import is carried out by a proxy, then:[18]

1. The proxy must have a license in accordance with the provisions of laws and regulations;
2. the entry and distribution of finished products are the responsibility of the distribution license holder;
3. the power of attorney must clearly state the address and status of the warehouse where the product is stored; and
4. the quality control of the drug before distribution is still carried out by the distribution license holder.

Laws and Regulations on Importing Cosmetics for Personal Use

So, what if you buy cosmetics from abroad for your own use? Basically, drugs and foods including cosmetics that do not yet have a distribution license can be imported into Indonesia for certain purposes, one of which is personal use.[19] This can be done through the Special Access Scheme ("SAS") mechanism,[20] which is the importation of drugs that do not/yet have a distribution license or drug materials for certain urgently needed purposes into Indonesian territory through special access.[21]

Import of cosmetics for personal use can be done through several methods such as:[22]

1. shipping/transportation/postal services;
2. passenger luggage;
3. goods of the crew of the means of transportation; or
4. border crossing goods.

In addition, it should be noted that such imports must meet the requirements, namely not for sale and in limited quantities according to needs.[23]

You can access the intended quantity limitations in Appendix III of Regulation of the National Agency of Drug and Food Control 27/2022.

Then, the Directorate General of Customs and Excise conducts supervision[24] which is carried out using the notification form for the entry of drugs and food for personal use listed in Appendix II of Regulation of the National Agency of Drug and Food Control 27/2022.[25]

Also read: Importing Secondhand Clothes in Indonesia, What is the Legality?

In conclusion, cosmetic products that will be imported into Indonesia for distribution must have a distribution license, meet the import conditions, receive approval from the Head of BPOM, have a minimum shelf life, and can only be imported by the distribution license holder or his/her proxy. However, if you want to import cosmetics for your own use, then the shipment can take a special method or SAS mechanism, one of which is through shipping services. However, you must fulfill the requirements that the cosmetics are not for sale and in limited quantities as needed.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 7 of 2014 on Trade as amended by Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been passed into law under Law Number 6 of 2023;
2. Regulation of the National Agency of Drug and Food Control Number 27 of 2022 on Supervision of the Entry of Drugs and Food into the Territory of Indonesia;
3. Regulation of the National Agency of Drug and Food Control Number 30 of 2022 on Importation of Drugs and Drug Materials through Special Access Scheme;

Reference:

Jimmy Benny. Ekspor dan Impor Pengaruhnya Terhadap Posisi Cadangan Devisa di Indonesia. Jurnal EMBA, Vol. 1, No. 4, 2013.

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[1] Jimmy Benny. Ekspor dan Impor Pengaruhnya Terhadap Posisi Cadangan Devisa di Indonesia. Jurnal EMBA, Vol. 1, No. 4, 2013, p. 1408.

[2] Article 1 number 18 Law Number 7 of 2014 on Trade (“Law 7/2014”).

[3] Article 1 number 15 Law 7/2014.

[4] Article 1 number 1 and Article 2 section (1) and (2) Regulation of the National Agency of Drug and Food Control Number 27 of 2022 on Supervision of the Entry of Drugs and Food into the Territory of Indonesia (“Regulation of the National Agency of Drug and Food Control 27/2022”).

[5] Article 1 number 5 Regulation of the National Agency of Drug and Food Control 27/2022.

[6] Article 3 section (1) Regulation of the National Agency of Drug and Food Control 27/2022.

[7] Article 3 section (2) Regulation of the National Agency of Drug and Food Control 27/2022.

[8] Article 1 number 3 Regulation of the National Agency of Drug and Food Control 27/2022.

[9] Article 3 section (4) Regulation of the National Agency of Drug and Food Control 27/2022.

[10] Article 1 number 4 Regulation of the National Agency of Drug and Food Control 27/2022.

[11] Article 3 section (5) Regulation of the National Agency of Drug and Food Control 27/2022.

[12] Article 3 section (6) Regulation of the National Agency of Drug and Food Control 27/2022.

[13] Article 3 section (3) Regulation of the National Agency of Drug and Food Control 27/2022.

[14] Article 3 section (7) Regulation of the National Agency of Drug and Food Control 27/2022.

[15] Article 4 section (1) letter c Regulation of the National Agency of Drug and Food Control 27/2022.

[16] Article 6 section (1) Regulation of the National Agency of Drug and Food Control 27/2022.

[17] Article 6 section (2) Regulation of the National Agency of Drug and Food Control 27/2022.

[18] Article 6 section (4) Regulation of the National Agency of Drug and Food Control 27/2022.

[19] Article 37 section (1) and section (2) letter a Regulation of the National Agency of Drug and Food Control 27/2022.

[20] Article 39 section (1) Regulation of the National Agency of Drug and Food Control 27/2022.

[21] Article 1 number 4 Regulation of the National Agency of Drug and Food Control Number 30 of 2022 on Importation of Drugs and Drug Materials through Special Access Scheme (“Regulation of the National Agency of Drug and Food Control 30/2022”).

[22] Article 40 section (1) Regulation of the National Agency of Drug and Food Control 27/2022.

[23] Article 42 section (1) Regulation of the National Agency of Drug and Food Control 27/2022.

[24] Article 43 section (1) Regulation of the National Agency of Drug and Food Control 27/2022.

[25] Article 39 section (6) Regulation of the National Agency of Drug and Food Control 27/2022.