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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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51df6d6cd0b79f313233383435.html

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Back NEWS REPUBLIC of INDONESIA No. 674, 2012PERATURAN MINISTER of TRADE of the REPUBLIC of INDONESIA NUMBER 33/M-DAG/PER/5/2012 ABOUT the PROCEDURES for the DETERMINATION of the EXPORT BENCHMARK PRICE OVER MINING PRODUCTS are SUBJECT to a CUSTOMS EXIT with 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 development and economic growth in a sustainable way;
b. that to implement the provisions of article 5 paragraph (1) the Government Regulation Number 55 in 2008 about the imposition of Duties Against the export Stuff Out, and the regulation of the Minister of finance Number 75/FMD. 011/2012 about the determination of the export goods are subject to Customs exit and customs tariff, need to set Out procedures for the determination of the export benchmark price over mining products are subject to a customs exit;

c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of trade;


Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86);

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 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);

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. Government Regulation Number 55 in 2008 about the imposition of Duties Against the export Stuff Out (State Gazette of the Republic of Indonesia Number 116 in 2008, an additional Sheet of the Republic of Indonesia Number 4886);
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 the Government Regulation Number 24 year 2012 (Gazette of the Republic of Indonesia Number 45 in 2012, an additional Sheet of the Republic of Indonesia Number 5282);
8. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade;
9. 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;
10. 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;
11. 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;
12. 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;
13. Minister of Trade Regulation Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of trade;
14. Regulation of the Minister of energy and Mineral resources, number 07 in 2012 about increased added value Minerals Through Mineral extraction and processing activities as amended by regulation of the Minister of energy and Mineral resources, number 11 in 2012;
15. Regulation of the Minister of finance Number 75/FMD. 011/2012 about the determination of the export goods are subject to Customs and Exit out the customs tariff;
Decide: define: MINISTER of TRADE REGULATIONS on the PROCEDURES for the DETERMINATION of the EXPORT BENCHMARK PRICE OVER MINING PRODUCTS are SUBJECT to a CUSTOMS exit.
Article 1 In regulation of the Minister, that is: (1) Export benchmark price hereinafter abbreviated HPE is a benchmark price that is set on a periodic basis by the Minister after coordinating with the Minister/head of the Government institution non ministries/agency head technical related.
(2) Mining Products is not a renewable natural resources dug from the Earth that have not been processed and/or purified (raw materials or ore) can be either metallic minerals, nonmetallic minerals and rocks.
(3) the price of Free On Board (FOB) price is the Cost Insurance and Freight (CIF) minus the cost of shipping and insurance costs.
(4) the Minister is the Minister of the organizing Affairs of the Government in the field of trade.
(5) the Director-General is the Director General of the foreign trade of the Ministry of trade.
Article 2 (1) of the mining products of upper HPE set by Ministers periodically.

(2) the Minister's delegate authority determination of HPE as mentioned on paragraph (1) to the Director General.

(3) HPE as mentioned on paragraph (1) are the basis of the export Price determination by the Minister of finance for the Bea calculation out.

(4) Mining Products as referred to in paragraph (1) are listed in the annex which is an integral part of part of the regulation of the Minister.

Article 3 determination of HPE top Mining Products as referred to in article 2 paragraph (1) is carried out taking into account: a. the fulfilment within the country;

b. sustainability of natural resources;

c. Mining Products price stability within the country; and/or d. competitiveness of exported Mining Products.

Article 4 (1) the determination of the HPE over the product of mines as stipulated in article 2 paragraph (1) is based on: a. the highest average price on international bursa;

b. the highest median price FOB;

c. the highest average prices in the domestic market; or d. the highest average prices in importing countries Mining Products.

(2) the highest median Price as referred to in paragraph (1) are assigned based on the highest average price during the last periodic before the determination of HPE.

(3) the highest median Price as referred to in paragraph (2) was calculated from the 10 (ten) days before periodic runs up to 10 (ten) days before the expiry of the periodic runs.

Article 5 (1) of the mining products of upper HPE as referred to in article 2 paragraph (1), set after coordinating with the Minister/head of the Government institution non ministries/agency head technical related.

(2) the coordination referred to in paragraph (1) of the execution carried out by elements of the Indonesian Ministry of Trade together with ministries/government agencies/non technical related agency Ministry of the HPE Assignment Team.

(3) determination of HPE's team referred to in paragraph (2) was established by the Minister.

Article 6 (1) HPE as stipulated in article 5 paragraph (1) proposed by the Minister of energy and Mineral resources, in this case the Director General of minerals and coal, the Ministry of energy and Mineral resources.

(2) the proposal referred to in subsection (1) is communicated in writing to the Minister through the determination of Team Chairman HPE least 10 (ten) days before the date of expiry of the validity period HPE.

(3) the proposals referred to in paragraph (2) covered by HPE Assignment Team.

(4) based on the results of the discussions referred to in paragraph (3), the determination of the HPE's team proposes the setting of HPE to Ministers.

Article 7 in the event has not been set, the new HPE HPE previously has expired, otherwise remains valid.

Article 8 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 28, 2012, MINISTER of TRADE of the REPUBLIC of INDONESIA, GITA IRAWAN WIRJAWAN Enacted in Jakarta on July 3, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();