A. Definition of Ship Agency Business
According to the Minister of Transportation Regulation Number PM 59 Year 2021 concerning the Implementation of Service Businesses related to Water Transport, ship agency is a service provided to represent national/foreign sea transport companies in order to manage the interests of national/foreign sea transport companies' ships while they are in Indonesia.
The types of ship agency appointments according to the applicable regulations consist of:
Appointment as general agent, to manage the interests of foreign flag ships;
Appointment as sub agent, to manage the interests of Indonesian or foreign flag vessels based on the appointment of the general agent; and/or
Appointment as agent to look after the interests of the flag ship.
B. Business Scope as SIUPKK Permit Holder
Ship agency business activities in Indonesia are regulated by Government Regulation Number 31 Year 2021 concerning The Implementation of The Shipping Sector. Where, the scope of activities which are allowed for the ship agents includes:
1. Ship Operations.
This activity can be carried out by national ship agency companies or national sea transportation companies.
2. Ship Commercial.
This activity can be carried out by national sea transportation companies or national ship agency companies that enter into partnerships with national sea transportation companies in accordance with the provisions of laws and regulations in the field of micro, small and medium enterprises.
The operational and commercial interests of the ship are carried out on foreign and/or national maritime transport company ships while they are in Indonesia.
C. Scope of SIUPKK Permit Activities
In relation to the field of ship operations, the scope of ship agency activities includes:
Reporting in writing the plans and realization of the arrival and departure of ships under his agency to the Minister through the Director General;
Submission of Ship documents to the main harbormaster, main port authority, harbormaster's office and Batam special port authority, harbormaster and port authority or local Port Organizing Unit and other relevant Government agencies;
Management of port services required by the ship;
Appointment of a loading and unloading company for the benefit of the ship owner or operator;
Processing expired ship documents is at the expense of the ship owner or operator;
Management of mining money at the behest of the ship owner;
Bookkeeping and cargo management on behalf and orders of the ship owner;
Signing the bill of lading for and on behalf of the ship owner or operator;
Management of bill settlement on behalf of the ship owner or operator;
Management of refueling oil and fresh water, as well as meeting equipment and supplies needs;
Providing information required by the ship owner or operator; and/or
Implementation of other ship operational activities agreed between the ship owner or ship operator and the ship agent implementing activities.
Meanwhile, the scope of the ship's commercial interests includes the following:
Payload search; and/or
Reservation of cargo space on board a ship on orders and in the name of the agented ship owner.
D. Application for SIUPKK Permit
Ship agency companies are required to apply for a Ship Agency Company Business License (SIUPKK). Wherever the company is located, the application of SIUPKK license must be submitted to the the Ministry of Transportation of the Republic of Indonesia.
There are crucial things which must be aware of as the preparation before applying for a SIUPKK, including but not limited to:
Requirements for the company's business field (KBLI in the company's deed of establishment)
Company capital requirements
Administrative and technical requirements
Terms and conditions of the company's articles of association.
To find out complete details of the requirements, you can consult with us through:
Legiska Legal Consulting
Plaza Mutiara, 8th Floor, Jl. Dr. Idea Anak Agung Gde Agung Kav. E.1.2, Kuningan, South Jakarta, Indonesia 12950
(021) 5082 3416/ +62 8575 2931 800