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Trade Minister Regulation Number 33/m-Dag/per/5/2012 Year 2012

Original Language Title: Peraturan Menteri Perdagangan Nomor 33/M-DAG/PER/5/2012 Tahun 2012

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STATE NEWS
REPUBLIC OF INDONESIA

No. 674, 2012
TRADE MINISTER REGULATION OF THE REPUBLIC OF INDONESIA
NUMBER 33/M-DAG/PER/5/2012
ABOUT
SETS THE EXPORT BENCHMARK PRICE LAYOUT
OVER THE MINING PRODUCTS THE CUSTOMS CHARGES ARE OUT
WITH THE GRACE OF THE ALMIGHTY GOD

TRADE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.  that mining products are a wealth of non-renewable nature that has an important role in the sustainable economic growth and development of national development.
B.  that to implement the provisions of Article 5 of the paragraph (1) of the Government Regulation No. 55 of 2008 on the introduction of the Customs Against Export Goods, and the Regulation of the Minister of Finance Number 75 /PMK.011/ 2012 on Establishing The Export Goods Imposed By Exit and Tarif Bea Exit, need to set out a set of export benchmark pricing for the mining products imposed by the import duties;
c. that under consideration as referred to in letter a and letter b, need to establish the Trade Minister Regulation;

Remembering: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad of 1938 Number 86);
2. Law No. 7 Year 1994 on Enactment Of The Agreement Establishing The World Trade Organization (Approval Of The Establishment Of World Trade Organization) (State Sheet Of The Republic Of Indonesia In 1994 Number 57, Additional Gazette Republic of Indonesia No. 3564);
3. Act No. 10 of 1995 on Kepabeanan (Sheet of State of the Republic of Indonesia of 1995 Number 75, Additional Gazette Republic of Indonesia Number 3612) as amended by Law No. 17 of 2006 (State Sheet) Republic of Indonesia Year 2006 Number 93, Additional Gazette of the Republic of Indonesia Number 4661);
4. Act No. 39 of 2008 concerning the Ministry of State (State Sheet of the Republic of Indonesia 2008 No. 166, Additional Gazette of the Republic of Indonesia Number 4916);
5. Act No. 4 Year 2009 on Mineral Mining and Coal (sheet State of the Republic of Indonesia 2009 No. 4, Additional Sheet of State of Indonesia Republic No. 4959);
6. Government Regulation Number 55 of 2008 on the Introduction of Customs Against Export Goods (State Sheet Indonesia 2008 Number 116, Additional Gazette Republic of Indonesia Number 4886);
7. Government Regulation No. 23 Year 2010 on the Implementation of the Mineral Mining And Coal Mining Activities (sheet State of the Republic of Indonesia 2010 No. 29, Additional Gazette Republic of Indonesia No. 5111) as amended with Government Regulation No. 24 of 2012 (State Gazette of the Republic of Indonesia in 2012 No. 45, Additional Gazette of the Republic of Indonesia Number 5282);
8. Decree President Number 260 of 1967 on the Enforcement of the Task and Responsibility of the Minister of Commerce In Foreign Trade;
9. Presidential Decree No. 84 /P Year 2009 on the Establishment of the United Indonesia Cabinet United II as amended by Presidential Decree Number 59 /P Year 2011;
10. Presidential Regulation No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended in the last few times with the Presidential Regulation No. 91 of 2011;
11. Presidential Regulation No. 24 Year 2010 on Occupation, Duty and Functions of the Ministry of State as well as Susunan Organization, Duty, and Functions of Eselon I Ministry of State as amended in recent times with the Presidential Regulation Number 92 2011:
12. Decree of the Minister of Industry and Trade Number 558/MPP/Kep/12/1998 on the General Terms in the Export Fields as amended on the last several times with the Regulation of Trade Minister Number 01/M-DAG/PER/1/2007;
13. Trade Minister Regulation No. 31/M-M-DAG/PER/7/2010 on the Organization and the Working Governance of the Ministry of Commerce;
14. Energy Minister Regulation and Mineral Resources Number 07 of 2012 on Increased Mineral Value Increase Through Processing Activities and Mineral Purity as amended by the Ordinance of the Minister of Energy and Mineral Resources No. 11 2012:
15. Finance Minister Regulation Number 75 /PMK.011/ 2012 on Establishing Export Goods Imposed Duties and Tarif Bea Exit;

DECIDED:

Set: A TRADE MINISTER ' S REGULATION ON THE ORDER OF PRICING THE BENCHMARK PRICE OF EXPORT OVER THE MINING PRODUCTS IMPOSED BY CUSTOMS.

Article 1
In this Minister ' s Rule, which is referred to:
(1) The subsequent Export Price of Export (HPE) is the benchmark price set periodically by the Minister after coordinating with the minister/head of the non-ministerial government agencies/related technical bodies.
(2) Mining products are non-renewable natural resources excavated from untreated and/or purified earth (raw material or ore) to be metallic minerals, non-metal minerals and rocks.
(3) Price Free On Board (FOB) is Cost Insurance and Freight (CIF) minus the cost of shipping and insurance costs.
(4) The Minister is the minister who organizes government affairs in the field of commerce.
(5) The Director General is the Director General of Foreign Trade of the Ministry of Commerce.

Article 2
(1) The HPE of Mining Products is set by the Minister periodically.
(2) The Minister delegates the designation of HPE designation as referred to in paragraph (1) to the Director General.
(3) HPE as referred to in paragraph (1) is the basis of the Export Price designation by the Minister of Finance for the Bea Exit calculation.
(4) Mining products as referred to in paragraph (1) are listed in the Attachment that are an inseparable part of this Minister Rule.

Article 3
HPE Designation of Mining Products as referred to in Article 2 of paragraph (1) is done by considering:
a. The fulfillment of the domestic needs;
B. Sustainability of natural resources;
c. The price stability of Mining Products in the country; and/or
D. power saing Mining Products exported.

Section 4
(1) The HPE Redemption of the Mining Products as referred to in Section 2 of the paragraph (1) is based on:
a. the highest average price on the international exchange;
B. The highest average price of FOB;
c. The highest average price applicable in the domestic market; or
D. the highest average price in the Mining Product importers.
(2) The highest average Price as referred to in paragraph (1) is set based on the highest average price during the last periodic prior to the designation of HPE.
(3) The highest average price as referred to in verse (2) is calculated from 10 (ten) days before the periodic runs up to 10 (ten) days before the periodic end of the periodic run.

Section 5
(1) HPE of Mining Products as referred to in Article 2 of the paragraph (1), specified after coordinating with the minister/head of the related non ministry/head of the technical body head.
(2) The Coordination as referred to in paragraph (1) is performed by an element of the Ministry of Commerce with the non-ministerial government ministries/related technical bodies incorporated in the HPE Penetration Team.
(3) The HPE Penetration Team as referred to in paragraph (2) is formed by the Minister.

Section 6
(1) HPE as referred to in Article 5 of the paragraph (1) is proposed by the Minister of Energy and Mineral Resources in this case the Director General of Minerals and Coal, Ministry of Energy and Mineral Resources.
(2) The proposal referred to in paragraph (1) is delivered in writing to the Minister via the Chairman of the HPE Redemption Team at least 10 (ten) days prior to the expiration date of HPE.
(3) The proposal as referred to in paragraph (2) is discussed by the HPE Penetration Team.
(4) Based on the results of the discussion as referred to in verse (3), the HPE Redemption Team proposes the designation of HPE to the Minister.

Section 7
In terms of unassigned new HPE, the previous HPE that has expired, is declared to remain in effect.

Section 8
The Regulation of the Minister is beginning to apply at the designated date.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on May 28, 2012
TRADE MINISTER OF THE REPUBLIC OF INDONESIA,

GITA IRAWAN WIRJAWAN

It is promulred in Jakarta
on 3 July 2012

MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN