Trade Minister Regulation Number 29/m-Dag/per/5/2012 Year 2012

Original Language Title: Peraturan Menteri Perdagangan Nomor 29/M-DAG/PER/5/2012 Tahun 2012

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51ded552109acd313233383434.html

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Back NEWS REPUBLIC of INDONESIA No. 517, 2012 RULES the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA NUMBER 29/M-DAG/PER/5/2012 ABOUT the PROVISIONS of the MINING PRODUCTS EXPORTS by the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that the mining products is not a renewable natural resources have an important role in national economic growth and regional development in a sustainable way, so that the management and pengusahaannya must be done independently , reliable, transparent, efficient and competitive power and environmentally in order to ensure sustainable national development;
b. that, in order to support the efforts of an orderly effort in the field of mining, the fulfillment of the needs of the mining products domestically, as well as creating business certainty and legal certainty, it should be conducted of mining products export control;
c. that based on considerations as referred to in letter a and letter b, as well as Limited Coordination meeting of the Ministry of Economy Fields Coordinator on 1 may 2012 concerning the control of fuel oil and Coal and Mineral Policy, and Minister of energy and Mineral resources the number 3037/30/MEM. B/2012 May 4th 2012 subject Policies Controlling the sale of Ore (Raw Materials or Ore) of minerals abroad, needs to be done to export mining products settings;
d. that based on considerations as referred to in letter a, letter b, letter c, and the need to set a regulation of the Minister of trade;
Remember: 1. Bedrijfsreglementerings Ordonnantie1934 (Staatsblad 1938 Number 86);
1. Act No. 8 of Prp in 1962 about trading goods In Oversight (State Gazette of the Republic of Indonesia Number 42 in 1962, an additional Sheet of the Republic of Indonesia Number 2469);
2. 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);
3. 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 law 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);
4. 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);
5. Act No. 4 of 2009 about Mineral and Coal Mining (State Gazette of the Republic of Indonesia number 4 in 2009, an additional Sheet of the Republic of Indonesia Number 4959);
6. Law Number 32 year 2009 on the protection and management of Environment (State Gazette of the Republic of Indonesia Number 140 in 2009, an additional Sheet of the Republic of Indonesia Number 5059);
7. Government Regulation Number 23 in 2010 on the implementation of the business activities of Mineral and Coal Mining (State Gazette of the Republic of Indonesia Number 29 in 2010, an additional Sheet of the Republic of Indonesia Number 5111) as amended by regulation of the Government in 2012 the number 24 (State Gazette of the Republic of Indonesia Number 45 in 2012, an additional Sheet of the Republic of Indonesia Number 5282);
8. Government Regulation number 9 in 2012 about the type and price of the Above types of Acceptance State Tax is not applicable to the Ministry of energy and Mineral resources (State Gazette of the Republic of Indonesia number 16 in 2012, an additional Sheet of the Republic of Indonesia Number 5276);
9. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade;
10. 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;
11. 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;
12. the 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;
13. The decision of the Minister of industry and trade Number 558/MPP/Kep/12/1998 on general provisions in the field of Export as amended several times with the Trade Minister Regulation number 01/M-DAG/PER/1/2007;
14. Regulation of the Minister of finance Number 145/FMD. 04/2007 about the provisions of the Customs in the areas of Export;
15. Regulation of the Minister of Finance No. 46/FMD. 04/2009 concerning the Customs Notice in order Intake and expenditure of goods to and from the area has been designated as a free trade area and free port;
16. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of trade;
17. Regulation of the Minister of energy and Mineral resources, number 07 in 2012 about increased added value Minerals Through Mineral extraction and processing activities;
Decide: define: TRADE MINISTER REGULATION ABOUT the CONDITIONS of the EXPORT PRODUCTS of mining.
Article 1 In this ministerial regulation is: 1. Export activity is removing the goods from the customs area.
2. Mining Products is not a renewable natural resources dug from the Earth that have not been processed and/or purified (raw ore materialatau) can be either metallic minerals, nonmetallic minerals and rocks.
3. The registered Exporters of mining Products, hereinafter referred to as the mining products of ET, is a company that has gotten recognition for exports of mining Products.
4. Licences, hereinafter referred to as IUP, is permission to carry out the business of mining.
5. Operating Production Licences, hereinafter referred to as IUP production operation, a business license is granted after completion of implementation of IUP Exploration phases for conducting the activities of the production operations.
6. The people's Mining Permit, hereinafter referred to as IPR, is permission to carry out mining ventures in the mining area and people with limited investment.
7. Special Licences, hereinafter referred to as IUPK, was the permission to carry out the mining ventures in the area of special licences.
8. Special Licences production operations, hereinafter referred to IUPK production operations, is a business license that was provided after the completion of the implementation of the IUPK Exploration phases for conducting operations in the region of production licences.
9. The contract Works, hereinafter called KK, is the agreement between the Government of the Republic of Indonesia with Indonesia law incorporated the company in order to carry out its Foreign capital investment venture mining minerals minerals, excluding petroleum, natural gas, geothermal, radio active and coal.
10. Verification or Technical Search is research and examination of export goods performed Surveyors.
11. the Surveyor is a company survey that got the authorization to conduct the technical inspection of mining Products Export.
12. Indonesia National Single Window, hereinafter referred to as INDONESIA, Indonesia's national system is that it allows doing a submission of data and information in a single (single submission of data and information), data-processing and information in a single, synchronous (single and synchronous processing of data and information), and the making of a decision granting permission for singly customs and expenditure items (single decision-making for custom release and clearance of cargoes).
13. INDONESIA was Portal system that will integrate the information related to the process of handling customs documents and expenditure items, which ensures the security of data and information as well as blends and process flow of information between internal systems automatically, which includes customs, licensing system, kepelabuhanan/kebandarudaraan, and other systems related to the process of handling customs documents and spending items.
14. Mandatory Port is the port designated as the port of the application of the NSW export in full.
15. The empty Area is the area that has the potential of mining Products but has not yet become a work-area Surveyor.
16. The recommendation is a certificate issued by a technical unit/agency officials associated authorities and requirements is the issue of the export agreement.
17. the Minister is the Minister whose duties and responsibilities in the field of trade.
18. Minister of MINERAL RESOURCES is the Minister of his duties and tangung in the field of energy mineral resources.
19. The Director General is the Director General of the foreign trade of the Ministry of trade.
20. The Director-General is the Director of Minerba minerals and coal, the Ministry of energy and Mineral resources.
Article 2 (1) Mining Products regulated their export as listed in Annex I which is part an integral part of the regulation of the Minister.
(2) Mining Products regulated their export as referred to in paragraph (1) should come from the holder of the IUP production operation, IPR, IUPK production operations and/or KK.
Article 3 (1) the export of Mining Products as referred to in article 2 paragraph (1) may only be performed by companies that have received recognition as the mining Products of ET-Minister.
(2) the Minister's delegate authority issuance of Mining products ET recognition as referred to in paragraph (1) to the Director General.

(3) to obtain recognition as ET-Mining Products as referred to in paragraph (1), the company in question must apply in writing to the Director-General, attaching requirements: a. photocopying IUP production operation, IPR, IUPK production operations, KK, IUP production operation specific to processing and refining, or IUP production operation specifically for transporting and selling; b. photocopy Sign companies list (TDP);

c. photocopying Principal Taxpayers Number (NPWP); and d. Recommendations Dirjen Minerba.
(4) the Director General publish recognition as ET-Mining Products at the latest 5 (five) business days counted since the petition received complete and correct.
(5) recognition as ET-Mining Products as referred to in subsection (1) is valid for 2 (two) years.
(6) a form of recognition as ET-Mining Products as referred to in paragraph (1) are listed in annex II which are part an integral part of the regulation of the Minister.
Article 4 (1) Each implementing export Mining Products as referred to in article 2 paragraph (1), can only be done by ET-Mining Product that has got the approval of mining Products export from the Minister.
(2) the Minister's delegate the authority issuing the export approval referred to in subsection (1) to the Director General.
Article 5 (1) to obtain the approval of export referred to in article 4 paragraph (1), ET-Mining Products must apply in writing to the Director-General, attaching requirements: a. photocopying IUP production operation, IPR, IUPK production operations, KK, IUP production operation specific to processing and refining, or IUP production operation specifically for transporting and selling; b. photocopy Sign companies list (TDP);

c. photocopying Principal Taxpayers Number (NPWP); and d. Recommendations Dirjen Minerba.
(2) the recommendations referred to in paragraph (1) contains at least the letter d, type, the number of postal Tariffs/HS, the exported quantities, time period, the port of unloading, and the country of destination of exports of mining Products.
(3) the Director General of the export agreement published at least 5 (five) business days counted since the petition received complete and correct.
Article 6 procedures for granting the recommendation referred to in article 3 paragraph (3) the letter d and article 5 paragraph (1) letter d assigned by Director General Minerba.

Article 7 (1) Mining Products regulated their export as referred to in article 2 paragraph (1) required verification or Technical Search before unloading the goods.
(2) verification or Technical Search referred to in subsection (1) is carried out by a Surveyor assigned by the Minister.
(3) the Minister delegate authority to the determination of the Surveyor referred to in subsection (2) to the Director General.
Article 8 (1) the determination of the Surveyor referred to in article 7 paragraph (2) may only be carried out by a Surveyor that meets the following requirements: a. have a business license Services Survey (SIUJS);
b. product experience as a mining Surveyor at least 5 (five) years;
c. branch/representative offices in the region that has the potential of mining Products in accordance with the type of proposed as the scope of work;
d. have the experts certified as verifikator, drafter, geological and laboratory analysts;
e. have at least three (3) complete with laboratory equipment that fits the scope of Mining Products;
f. in any area it works there is at least 1 (one) laboratories with complete equipment owned by yourself and/or in collaboration with other laboratories in accordance with the scope of the mining Products; and g. has a track record (track record) is good in terms of the management of the activities of verification or Technical Searches in the field of exports.
(2) to be designated as implementing the verification or Technical Search, Surveyor must apply in writing to the Director-General with the attach: a. photocopying Licence Business Services Survey (SIUJS);

b. photocopy Sign companies list (TDP);

c. photocopying Principal Taxpayers Number (NPWP);
d. Description of the working area of the company, at the very least contain the address of the head office, branch offices/representatives and the location of the laboratory; e. a description of the types of Products of mining in the region;

f. a description of the type of mining Products have been verified;
g. list of experts equipped with Living history list (DRH) and location of works by using the forms as contained in the annex to Annex IIIa and IIIb is part an integral part of this Ministerial Regulation; h. proof of ownership of the laboratory as referred to in paragraph (1) letter e;
i. proof of utilization of laboratory cooperation as referred to in paragraph (1) letter f, if there is the cooperation of laboratory utilization;
j. list of complete laboratory equipment in accordance with the scope of the mining Products by using form as listed in Annex IV that is part an integral part of this Ministerial Regulation; k. list of signing officer signature example LS, and examples of the stamp of the company using the form as contained in Annex V which are part an integral part of the regulation of the Minister.
Article 9 (1) to be able to do a search or Technical Verification, ET-Mining Product must apply for verification or Technical Search to Surveyors.
(2) verification or Technical Search by the Surveyor referred to in subsection (1) include the following: a. research and examination of the data or information on the validity of the Administration and the region of origin of the mining Products; b. the number of Mining Products;
c. types of Mining Products and specs that include a Number of postal Tariffs/qualitative analysis through HS in the laboratory; and d. the time of shipment and the port of unloading.
(3) research and examination of the data or information on the validity of the Administration and the region of origin of the mining Products as referred to in paragraph (2) letter a include the following: a. approval of export;

b. State and port of export;
c. export value Free On Board (FOB);
d. document which contains the alignment of the mining Products with this type of IUP, IPR, IUPK and/or KK;
e. alignment of IUP, IPR, IUPK and/or KK with the region of origin of the mining Products; and f. the proof of payment of royalty payments.
(4) the results of the Technical verification or Searches have been conducted by the Surveyor referred to in subsection (1) is poured in the form of the report of the Surveyor (S) accompanied by a qualitative analysis of the results and the composition of the levels of minerals contained in the products of mining.
(5) the approval of export and LS are used as complementary documents required for customs registration of Goods Export Notifications (PEB).
(6) publication of LS by Surveyors at the latest 1 (one) days after inspection of the unloading of the goods carried.
(7) LS published by Surveyors can only be used for one (1) time of shipment as complementary documents required for Customs registration number 1 (one) FEB.
(8) the costs incurred upon the implementation of the verification or Mining Products Export Technical Searches conducted by the Surveyor charged to ET-Mining Products.
(9) the implementation of the verification or Mining Products Export Technical Searches it does, Surveyors picked up in Exchange for the service they provide that adjustment is determined by observing the principle of benefits.
Article 10 (1) the Surveyor will conduct verification or Technical Search as referred to in article 9 paragraph (2) in an area that has not yet been established as the region works must first apply for the addition of the region referred to the Director General.
(2) the filing of a petition for the addition of a working area as referred to in subsection (1) must attach the requirements as listed in article 8 paragraph (2).
Article 11 (1) of the mining Products originating from the region of empty, ET-Mining Products can apply for verification or Technical Search to Surveyors.
(2) verification or Technical Search against Mining Products originating from the region are empty by Surveyors can only be done after the approval of the Director General, and implemented in accordance with the provisions referred to in article 9 and article 10.
(3) the Verification Results or Technical Search against Mining Products originating from the region are empty as referred to in paragraph (2), the Surveyor can only publish most 1 (one) LS.
(4) to obtain special consent referred to in subsection (2), the Surveyor must apply to the Director General by attaching: a. ET Mining products;

b. the IUP in accordance with Mining Products that will be exported; and c. the sale contract between the exporter with the importer in the country of destination of exports in the form of a one-time contract transactions.
Article 12 (1) Mining products mandatory ET convey a written report regarding the implementation of export, whether realised or not realized periodically every month at least 15 (fifteen) months subsequent to the Director General in this case the Director of industrial and Mining Products Export with copy to the Directorate Minerba.
(2) the report referred to in subsection (1) is also delivered through the http://inatrade.kemendag.go.id of article 13 (1) the Surveyor is obligated to deliver the http://inatrade.kemendag.go.id via the LS will be forwarded to the portal INDONESIA.
(2) in terms of http://inatrade.kemendag.go.id as mentioned in subsection (1) does not function because it is in a State of force (force majeure), LS submitted manually to the portal INDONESIA.
(3) for the Surveyor who issued the Mandatory mandatory port LS convey LS LS as soon as it is published.

(4) For Surveyors who published the LS on Mandatory compulsory Ports in addition to convey the LS as referred to in article 9 paragraph (4) not later than 1 (one) week after it is published.
(5) mandatory Surveyor ensuring that the exported Mining Products in accordance with that stated in the LS as referred to in article 9 paragraph (4).
Article 14 (1) the Surveyor referred to in article 7 paragraph (2) is obligated to deliver a written report on the activities of verification or technical performance of Searches each month.
(2) the written report referred to in subsection (1) is submitted to the Director General in this case the Director of industrial and Mining Products Export and Director General Minerba in this Mineral concessions of the Coaching Director at the first week of the next month.
(3) the Surveyor is obligated to deliver a recap of the top LS mentioned in article 9 paragraph (4) of each month to the Director General in this case the Director of industrial and Mining Products Exports using form as contained in Annex VI to this regulation of the Minister.
Article 15 (1) Recognition of mining products ET revoked if: a. did not submit a report as referred to in article 12 as many as three (3) times;
b. modify, add and/or change the contents listed in document recognition as ET-Mining Products and/or approval of export;
c. the type of mining products export and/or the amount does not correspond to that listed in the document export Mining Products; and/or d. was found guilty by the Court over the crime relating to the abuse of admission as ET-Mining Products and/or export approval.
(2) revocation of recognition as ET-Mining Products as referred to in paragraph (1) established by the Director General.
(3) a Mining products ET are sanctions revocation referred to in subsection (2) may only apply to obtain recognition as ET-Mining Products after 1 (one) year and must get a recommendation from Dirjen Minerba reactivation.
Article 16 the Surveyor does not implement the obligations referred to in article 9, article 13 and article 14 of the regulation of the Minister is penalized for the removal of designation as implementing the verification or Technical Search Export Products of mining.

Article 17 technical guide the implementation of the regulation of the Minister can be established by the Director General.

Article 18 at the time of this Ministerial Regulation took effect: 1. Minister of Trade Regulation No. 14/M-DAG/PER/5/2008 about the verification or Technical Search Against Specific Mining Product Exports; and 2. Trade Minister Regulation number 03/M-DAG/PER/1/2007 on the search or Verification of the technical Export Minerals Group C in addition to the sand, soil and Top Soil (including Soil Shoots or Humus), continue to apply, unless otherwise stated against the mining Products are regulated in the Ministerial Regulation.

Article 19 this Ministerial Regulation comes into force on the date specified.

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 7, 2012, MINISTER of TRADE of the REPUBLIC of INDONESIA, GITA IRAWAN WIRJAWAN Enacted in Jakarta on May 11, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN lamp fnFooter ();