Trade Minister Regulation Number 24/m-Dag/per/5/2013 2013

Original Language Title: Peraturan Menteri Perdagangan Nomor 24/M-DAG/PER/5/2013 Tahun 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51de9f9f209838313233383433.html

BN 829-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 829, 2013 the MINISTRY of trade. Import. Soy. Stabilization Of Prices.
REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA NUMBER 24/M-DAG/PER/5/2013 ABOUT CONDITIONS of IMPORT of SOYBEANS in SOY PRICES STABILIZATION PROGRAM with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that the stabilization program in order to support the price of soybeans as set forth in regulations of the Secretary of Commerce Number 23/M-DAG/PER/5/2013 Soybean Price Stabilization Program, need to be set regarding the conditions of import of soybeans in soy prices stabilization program;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of trade of Soybean Import Conditions in order of price Stabilization Program Soybeans;
Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86);
2. Act No. 3 of 1982 on Obligatory list of companies (State Gazette of the Republic of Indonesia number 7 in 1982, an additional Sheet of the Republic of Indonesia Number 3214);
3. Act No. 16 of 1992 about the Quarantine of animals, fish and plants (State Gazette of the Republic of Indonesia Number 56 of 1992, an additional Sheet of the Republic of Indonesia Number 1111);
4. Act No. 7 of 1994 about an endorsement Agreement Establishing The World Trade Organization (agreement of the establishment of the World Trade Organization), (State Gazette of the Republic of Indonesia Number 57 in 1994, an additional Sheet of the Republic of Indonesia Number 3564);
5. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612) as amended by Act No. 17 of 2006 (State Gazette of the Republic of Indonesia Number 93 in 2006, an additional Sheet of the Republic of Indonesia Number 4661);
6. Act No. 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Efforts (the Gazette of the Republic of Indonesia Number 33 of 1999, an additional Sheet of the Republic of Indonesia Number 3806);
7. Act No. 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia Number 42 in 1999, an additional Sheet of the Republic of Indonesia Number 3821);
8. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic of Indonesia Number 4916);
9. Act No. 13 of 2010 about Horticulture (Gazette of the Republic of Indonesia Number 132 in 2010, an additional Sheet of the Republic of Indonesia Number 5170);
10. Act No. 18 in 2012 about Food (Gazette of the Republic of Indonesia Number 227 by 2012, an additional Sheet of the Republic of Indonesia Number 5360);
11. Government Regulation Number 69 in 1999 about labeling and advertising of food (Gazette of the Republic of Indonesia year 1999 Number 131, an additional Sheet of the Republic of Indonesia Number 3867);
12. Government Regulation No. 14 of 2002 about the Plant Quarantine (State Gazette of the Republic of Indonesia Number 35 in 2002, an additional Sheet of the Republic of Indonesia Number 4196);
13. Government Regulation Number 68 in 2002 about food security (State Gazette of the Republic of Indonesia Number 142 in 2002, an additional Sheet of the Republic of Indonesia Number 4254);
14. Government Regulation Number 28 in 2004 about the safety, quality and nutrition of the food (the State Gazette of the Republic of Indonesia Number 107 in 2004, an additional Sheet of the Republic of Indonesia Number 4384);
15. Government Regulation Number 21 in 2005 about the safety of Biological products of genetic engineering (State Gazette of the Republic of Indonesia Number 44 in 2005, an additional Sheet of the Republic of Indonesia Number 4498);
16. Government Regulation Number 38 in 2007 about Government Affairs Divisions between the Government, local governance and local governance of the province, Kabupaten/Kota (State Gazette of the Republic of Indonesia Number 82 in 2007, an additional Sheet of the Republic of Indonesia Number 4737);
17. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade;
18. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II as amended by presidential decree number 59/P in 2011;
19. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended several times the last presidential regulation Number 91 in 2011;
20. Presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries as amended several times the last presidential regulation Number 92 in 2011;
21. Presidential regulation Number 32 2013 on assignment to the Public Company BULOG to Safeguard price and distribution of Soybean;
22. Regulation of the Minister of Commerce Number 54/M-DAG/PER/9/2009 on the General provisions in the field of Import;
23. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of Trade as amended by regulation of the Minister of Commerce Number 57/M-DAG/PER/8/2012;
24. Regulation of the Minister of agriculture the number 88/Permentan/PP. 340/12/2011 about the supervision of food security Against Income and expenditure of fresh Food Plant of origin;
25. Regulation of the Minister of Commerce Number 27/M-DAG/PER/5/2012 about the Provision Number Identifier Importer (API) as amended several times with the Trade Minister Regulation Number 84/M-DAG/PER/12/2012;
26. Regulation of the Minister of Commerce Number 23/M-DAG/PER/5/2013 Soybean Price Stabilization Program;
Decide: define: TRADE MINISTER REGULATION ABOUT the CONDITIONS of IMPORT of SOYBEAN PRICE STABILIZATION PROGRAMS in ORDER of soy.
Article 1 In regulation of the Minister, that is: 1. Soybeans are crops of soybeans (Glycine max. Merr) is the dried yellow beans have been released from the skin and cleaned pods that are included in the tariff classification Heading/HS 1201.90.00.00.
2. Price Stabilization Program, hereinafter called Soybean Program SHK is setting the purchase of Soybeans from farmers, imports of soybeans, and Soybean sales to craftsmen know/tempe. 3. Import goods to enter activities is in the area of customs.
4. A registered Importer of soybeans, hereinafter called IT-Soy is a co-operative and/or private who do Soy imports for the purposes of the business activities with trade and/or move – hand over to another party. 5. Approval of Import is an import permit soy.

6. Verification or inspection activities is technical Search technical top imported products made by surveyors.
7. The Surveyor is a company survey that got the authorization to conduct the search or verification of technical product imports.
8. General the State Logistics Company, hereinafter referred to public Company BULOG is the State-owned enterprises, where the entire State-owned capital in the form of the wealth of the country that are separated and are not divided into shares. 9. the Minister is the Minister of the organizing Affairs of the Government in the field of trade.

10. The Director General is the Director General of foreign trade, Ministry of Commerce.

Article 2 of the soy Imports can only be done by the Public Company BULOG, cooperatives and/or private Price Stabilization Program participated in the soy.

Article 3 (1) the import of Soybeans as referred to in article 2 is done with regard for the harvest feast of soy.

(2) the timing of the harvest feast of soybeans as mentioned on paragraph (1) will be conducted by the Minister of agriculture.
(3) implementation of Soybean imports as referred to in paragraph (1) can be excluded by the Minister based on the results of the meeting's agreement only Coordination Limited Ministerial economics.
Article 4 (1) the import of Soybeans by Public Company BULOG can be done after the assignment of the Minister.

(2) the import of Soybeans by cooperatives and/or private can be done after receiving the assignment as IT-Soy from the Minister.

(3) the Minister delegates the authority issuing the determination as IT-Soy to the Director General.

Article 5 (1) to obtain designation as IT-Soy as referred to in article 4, the cooperatives and/or private entities must apply in writing to the Minister in this case Director General, attaching a photocopy of: a. trading business Licence (SIUP) or other business license issued by a government agency or the authorized technical service; b. photocopy Sign companies list (TDP);

c. photocopying Principal Taxpayers Number (NPWP);

d. photocopies of Identification Number Importer (fire);

e. photocopies of Customs identification numbers (NIK);

f. photocopies of proof of mastery of storage (warehouse) in accordance with the characteristics of the product;

g. evidence of experience in conducting import and/or distribution of soybeans domestically for 3 (three) years;
h. affidavit of foreign exchange bank stating that the applicant has the financial ability of qualified banking to support the publication of the L/C; and i.   quite a legal affidavit that States participating in the Stabilization Programme Soy Prices in accordance with the legislation.
(2) the Director-General on behalf of the Minister published the assignment as IT-Soybeans more than 5 (five) working days after the examination of the field by the team to know the truth of the document referred to in subsection (1).
(3) the examination referred to in subsection (2) do the longest 3 (three) working days since the application was received in full. (4) the team referred to in paragraph (2) is made up of officials assigned by the Director General.

(5) in terms of results over the examination referred to in subsection (3) is found incorrect data, the Director-General refused to publish the designation as IT-soy.
(6) the assignment as IT-Soy as referred to in paragraph (2) is valid for 3 (three) years counted from the date of publication.
(7) the setting as IT-Soy as referred to in paragraph (2) is forwarded to the portal online Indonesia National Single Window (INDONESIA).
(8) in the case of imported Soybeans through ports that have not been connected with the Indonesia National Single Window (INDONESIA), effluent the determination as IT-Soy submitted manually to the relevant agencies.
Article 6 (1) Public Company BULOG, cooperatives and/or private owners of IT-who would do Soy Soybean import to approval of import of the Minister.
(2) the Minister's delegate the authority issuing the import Approval for cooperatives and/or private owner IT-Soy as referred to in paragraph (1) to the Director General.
Article 7 (1) for approval of import as referred to in article 6, cooperatives and/or private owner IT-Soy must apply in writing to the Minister in this case the Director-General with the attach: a. proof of purchase Soybean farmers; and b. a photocopy of the assignment as IT-soy.
(2) in the case of soy harvest does not occur, so that cooperatives and/or private owners of IT-can not purchase Soy soy Soy farmers, the proof of purchase as referred to in paragraph (1) letter a is not required.
(3) the amount of the purchase of Soybeans a farmer as referred to in paragraph (1) letter a should correspond to the numbering set out further by the Director General.
(4) proof of purchase of soybeans a farmer as referred to in paragraph (1) letter a in the form of the certificate of purchase of a Soybean ditandasahkan by Public Company BULOG.
(5) the Director-General on behalf of the Minister to publish: a. approval of the importation of not more than 5 (five) working days since the petition received complete and correct; or b. the refusal of issuance of Import Approval more than 5 (five) working days since the application was received in the case of the petition is incomplete and/or incorrect.
(6) the import Approval referred to in subsection (5) the letter a is valid for 1 (one) years counted from the date of publication.
(7) approval of Import as referred to in subsection (5) a letter was delivered to cooperatives and/or private owner IT-soy and perforation to the relevant agencies.
(8) Import Approval referred to in subsection (5) a letter forwarded to the portal online Indonesia National Single Window (INDONESIA).
(9) in the case of imported Soybeans through ports that have not been connected with the Indonesia National Single Window (INDONESIA), copies of the import Approval are submitted manually to the relevant agencies.
Article 8 cooperation and/or private owner IT-Soy that has gained the approval of Import as referred to in article 7 compulsory realization of Soybean imports at least 70% (seventy percent) of the import Approval.

Article 9 (1) every implementation of Soybean imports should first do a search or verification of technical imports at the port of unloading of the country of origin.
(2) implementation of verification or technical search referred to in subsection (1) is carried out by a Surveyor assigned by the Minister.
(3) to be designated as implementing the verification or technical search Soy imports as referred to in paragraph (2), the Surveyor must satisfy the following requirements: a. have a business license Services Survey (SIUJS);

b. experience as surveyor at least 5 (five) years;
c. have a branch or representative office and/or its affiliates in foreign countries and has a network to support the effectiveness of verification or technical search services; and d.  have record-trail (track records) in the field of verification activities management or technical search imports.
Article 10 (1) the verification referred to in article 9 paragraph (1) committed against the import of soybeans, which include data or information on: a. the State of origin and the port of unloading;

b. Postal rate or number HS and product description;

c. type and volume;

d. time of shipment; and e. the port of destination.
(2) the results of the verification as referred to in subsection (1) is poured in the form of the report of the Surveyor (S) to be used as complementary documents customs in the completion of customs import in the field.
(3) the implementation of the verification or technical search referred to in subsection (1), surveyors picked up rewards services from cooperatives and/or private IT-the adjustment determined soybeans by observing the principle of benefits.
Article 11 the verification Activities or technical search Soy imports by the Surveyors did not diminish the authority of the Directorate General of customs, Ministry of finance to conduct the examination of customs.

Article 12 (1) the Cooperatives and/or private that has got the assignment as IT-Soy a compulsory report in writing over the implementation of the import of soybeans through http://inatrade.kemendag.go.id.
(2) the report referred to in subsection (1) is delivered every month at least 15 (fifteen) months subsequent to the Director General.
Article 13 the Surveyor referred to in article 9 paragraph (2) is obligated to deliver a written report on the implementation of the verification or technical search import Soybeans to the Director-General every month at least 15 (fifteen) months.

Clause 14 of the setting as IT-Soy frozen in cooperatives and/or private does not implement the obligations of the realization of the import of soybeans as stipulated in article 8.

Article 15 the assignment as IT-Soy was revoked in cooperatives and/or private: a. proved to change the information contained in the document import Soybeans; and/or b. was convicted based on a court decision that has the force of law has remained the top crime relating to the abuse of the import documents of soy.
Article 16 Repeal the designation as IT-Soy is defined by the Director-General for and on behalf of the Minister.

Article 17 cooperation and/or private which have been subject to sanction of revocation of designation as an IT-Soy as stipulated in article 15, can apply for designation as an IT-Soy returned after 1 (one) year from the date of revocation.

Article 18 the assignment as a Surveyor was revoked if: a. the offender in the implementation of the activities of verification or technical search import Soybeans; and/or b. does not meet the provisions of a written reporting obligations as stipulated in article 13 2 (two) times.

Article 19 Repeal designation as a Surveyor as executing a search or verification of the technical import Soybeans as stipulated in article 18 set by the Minister.

Article 20 (1) the importer which do not correspond to Soybean Import Regulations the Minister is subject to the sanction in accordance with the provisions of the legislation.
(2) the imported Soy does not comply with the regulations of the Minister is made of re-export in accordance with the provisions of the legislation. (3) the costs of the implementation of re-exports as referred to in paragraph (2) is the responsibility of the importer.

Article 21 (1) Import Soybeans to: a. the purposes of research, testing, and development of science; and/or b. an example of goods not to be traded, must get the approval of the import.
(2) imports of Soybeans for the purposes referred to in subsection (1) does not apply the terms and conditions of the Soybeans IT-verification or technical search imports.
Section 22 (1) Surveillance against import and circulation of Soy is done in accordance with the legislation.
(2) the Minister may establish integrated Teams composed of representatives of relevant agencies to conduct: a. evaluation and implementation of the policy import Soybeans; and b. the supervision of circulation of soy.
Article 23 technical guide the implementation of the regulation of the Minister can be established by the Director General.

Article 24 Exceptions from the provisions set forth in the Ministerial Regulation may only be undertaken by the Minister.

Article 25 (1) the LS as a complementary document customs in the completion of customs import in the areas referred to in article 10 paragraph (2) come into force sixty (60) days from the enforced regulation of the Minister. (2) the LS as intended in paragraph (1) of the Customs document is evidenced by the form of the manifest (BC. 1.1).

Article 26 (1) the provisions of this ministerial regulation does not apply to the import of Soybeans that were shipped from the country of origin before the date of entry into force of this regulation of the Minister.
(2) the import of Soybeans as referred to in subsection (1) is evidenced by the Bill of Lading or Airway Bill and Invoice.
(3) the soy as mentioned on paragraph (1) must arrive at the port of destination no later than sixty (60) days counted from the date of entry into force of this regulation of the Minister as evidenced by documents in the form of customs manifest (BC 1.1).
Article 27 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on May 28, 20137 May 201 SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, GITA IRAWAN WIRJAWAN Enacted in Jakarta on June 12, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();