REGULATION OF THE TRADE MINISTER OF INDONESIA NUMBER 23/M-DAG/PER/9/2011

ABOUT THE REGULATION OF TRADE MINISTERS

NUMBER 44/M-DAG/PER/9/2009 ON PROCUREMENT, DISTRIBUTION, AND SUPERVISION HAZARDOUS MATERIALS

WITH THE GRACE OF GOD ALMIGHTY

THE COMMERCE MINISTER OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that in order to increase the effectiveness of materials surveillance

dangerous in particular that are derived from imports, need to establish port destination importation of hazardous materials and conduct verification or technical callers import hazardous materials in ports fit;

b. that under consideration as intended in the letter a, it is necessary to change the Regulation of Trade Minister Number 44/M-DAG/PER/9/2009 on the Procurement, Distribution and Supervision of Dangerous Materials;

c. that under consideration as referred to in letters a and letter b, needs to establish the Trade Minister Regulation;

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

2. Ordonnantie Hazardous Chemicals (Staatsblad 1949 Number 377);

3. The Emergency Law No. 7 of 1955 on Shrinkage, Review, and Justice of the Economic Criminal (sheet State of the Republic of Indonesia 1955 No. 27, Additional Gazette of the Republic of Indonesia No. 801), as has been several times Last modified with the Government Ordinance Act No. 26 of 1960 on Change Article 27 and Section 28 of the Emergency Invite Number 7 Year 1955 (State Gazette of the Republic of Indonesia in 1960) No. 74, additional state sheet Republic of Indonesia Number 1910);

4. Law Number 1 Year 1970 on Occupational Safety (State Sheet Indonesia Year 1970 Number 1, Additional Gazette Republic of Indonesia Number 2918);

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5. Act Number 3 of 1982 on Compulsory Corporate Lists (sheet Of State Of The Republic Of Indonesia In 1982 Number 7, Additional Gazette Of The Republic Of Indonesia Number 3214);

6. Law No. 7 of 1994 on the Enactment Of Agreement Establishing The World Trade Organization (the Approval Of The Establishment Of The World Trade Organization), (sheet Of State Of The Republic Of Indonesia In 1994 Number 57, Additional Sheet Of State Republic of Indonesia No. 3564);

7. Law No. 10 of 1995 on Kepabeanan (Gazette of the Republic of Indonesia in 1995 No. 75, Additional Gazette of the Republic of Indonesia Number 3612) as amended by Law No. 17 Year 2006 (State Sheet of the Republic of Indonesia) as amended by the Law of the Republic of Indonesia ("State of the Republic of Indonesia" 2006 Number 93, Additional State Sheet Number 4661);

8. Law No. 7 of 1996 on Food (State Gazette of Indonesia in 1996 Number 99, Extra Sheet of the Republic of Indonesia State Number 3656);

9. Law No. 6 of 1998 on the Enactment Of Convention On The Prohibition Of The Development, Production, Stockpiling And Use Of Chemical Weapons And On Their Destruction (Convention On The Banning Of Development, Production, Stockpiling, And The Use Of Chemical Weapons As Well As About The Screening), (sheet Of State Of The Republic Of Indonesia In 1998 Number 171, Additional Sheet Of The Republic Of Indonesia Indonesia Number 3786);

10. Law No. 5 Year 1999 on the Prohibition of Monopoly Practice and Rivaling Non-healthy Enterprises (Sheet State Of The Republic Of Indonesia In 1999 Number 33, Additional Sheet Republic Of Indonesia Number 3817);

11. Law Number 8 Year 1999 on Consumer Protection (State Sheet Indonesia Year 1999 Number 42, Additional Gazette Republic of Indonesia Number 3821);

12. Law No. 32 of the Year 2004 on Local Government (Indonesian Republic Year 2004 Number 125, Additional Gazette Republic of Indonesia Number 4437) as amended last several times with Act No. 12 2008 (sheet Of State Of The Republic Of Indonesia In 2008 Number 59, Additional Gazette Of The Republic Of Indonesia Number 4844);

13. Law No. 29 Of 2007 On The Government Of The Special Region Of Jakarta Capital Of Jakarta As The Capital Of The State Of The Republic Of Indonesia (sheet Of State Of The Republic Of Indonesia In 2007 Number 93, Additional Gazette Of The Republic Of Indonesia Number Of Indonesia) 4744);

14. Law No. 9 Year 2008 on the Use of Chemical Materials and Prohibition of Use of Chemical Materials As Chemical Weapons (the Gazette of the Republic of Indonesia 2008 No. 49, Additional Gazette Republic of State

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Indonesia Number 4834); 15. Law No. 17 of 2008 on Shipping

(sheet state of the Republic of Indonesia 2008 No. 64, Additional Gazette of the Republic of Indonesia Number 4849);

16. Law No. 32 of the Year 2009 on the Protection and Management of the Environment (Indonesian Republic of Indonesia Year 2009 Number 140, Additional Gazette of the Republic of Indonesia Number 5059);

17. Law Number 36 Year 2009 on Health (State Gazette of Indonesia Year 2009 Number 144, Additional Gazette Republic of Indonesia Number 5063);

18. Government Regulation No. 69 of 1999 on Label and Food Advertising (State Sheet of Indonesia Year 1999 Number 131, Additional Gazette Republic of Indonesia Number 3867);

19. Government Regulation Number 58 of 2001 on Coaching and Supervision of Consumer Protection (State Sheet Indonesia 2001 Number 103, Additional Gazette Republic of Indonesia Number 4126);

20. Government Regulation No. 74 of 2001 on Hazardous Materials Management and Toxic Substances (sheet Of State Of The Republic Of Indonesia In 2001 Number 138, Additional Gazette Of The Republic Of Indonesia Number 4153);

21. Government Regulation No. 28 of 2004 on Security, Mutu, and Food Nutrition (State Gazette 2004 No. 107, Additional Gazette of the Republic of Indonesia Number 4424);

22. Government Regulation No. 38 of 2007 on the Division of Government Affairs Between the Government, Provincial Government, and the Municipal Government/City (State Gazette of 2007 No. 82, Additional Gazette of the Republic of Indonesia) Indonesia Number 4737);

23. Presidential Decree Number 260 of 1967 on the Enforcement of the Task and Responsibility of the Minister of Commerce in Foreign Trade;

24. President's decision No. 65 in 1998 on the Unrest International Convention on the Safety of Life at Sea 1974;

25. Presidential Decree No. 84 /P of the Year 2009 on the Establishment of the United Indonesia Cabinet II;

26. Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State;

27. Presidential Decree No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as Susunan Organization, Duty, and Functions of the Ministry of State;

28. Decision of Minister Perindustrian Number 148/M/SK/4/1985 on Securing Toxic and Dangerous Materials in Industrial Company;

29. Regulation of Health Minister Number 239 /Menkes/Per/Per/1985 about Certain Color Substances Expressed As Hazardous Materials;

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30. The Minister of Health Regulation No. 722 /MENKE/PER/ IX/1988 as amended with the Minister of Health Regulation Number 1168 /MENKE/PER/X/1999 on Food Additional Materials;

31. Regulation of Health Minister Number 472/Menkes/Per/V/1996 on Securing Hazardous Materials For Health;

32. The decision of the Minister of Industry and Trade Number 230/MPP/Kep/7/1997 on the Regulated Goods of the Importer as it has been several times amended last with the Decree of the Minister of Industry and Trade Number 417/MPP/Kep/6/2003;

33. Decision of the Minister of Labour No. 187 /MEN/1999 on the Controlling Chemical Materials Control at Work;

34. Health Minister Regulation No. 1184 /Menkes/Per/X/2004 on Health Care Equipment and Household Health Supplies;

35. Regulation of Trade Minister Number 16/M-DAG/PER/3/2006 on the Alignment and Coaching Of The Warehouse;

36. Regulation of Trade Minister Number 36/M-DAG/PER/9/2007 about the Publishing of Commerce Permit Letters;

37. Regulation of Trade Minister Number 20/M-DAG/PER/5/2009 on the Terms and Conditions of the Goods and/or Services Surveillance;

38. Regulation of Trade Minister Number 44/M-DAG/PER/9/2009 on the Procurement, Distribution and Supervision of Dangerous Materials;

39. Trade Minister Regulation No. 45/M-DAG/PER/9/2009 on Importer Identifier (API) figures as it has been several times last modified with the Trade Minister Regulation 20/M-DAG/PER/7/2011;

40. Regulation of Trade Minister Number 54/M-DAG/PER/10/2009 on the General Terms in Import;

41. Regulation of Trade Minister Number 31/M-M-DAG/PER/7/2010 on the Organization and the Working Order of the Ministry of Commerce;

DECIDED: Establishing: REGULATION OF TRADE MINISTERS ON

CHANGES TO THE REGULATION OF TRADE MINISTER NUMBER 44/M-DAG/PER/9/2009 ON PROCUREMENT, DISTRIBUTION, AND SURVEILLANCE OF HAZARDOUS MATERIALS.

Article I Some provisions in the Regulation of Trade Minister Number

44/M-DAG/PER/9/2009 about the Procurement, Distribution and

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The Control of the Dangerous Materials, amended so that it reads as follows:

1. The provisions of Article 1 are amended to read as follows: Article 1 In this Minister's Regulation is referred to as: 1. The next hazardous materials abbreviated as B2 are substances,

chemicals and biology, both in singular and mixed forms. that can harm the health and the environment directly or indirectly, which has toxic properties (toxicity), carcinogenic, teratogenic, mutagenic, corrosive, and irritable.

2. A Company is any form of individual or entity owned by a Citizen of Indonesia and is based in the State of the Republic of Indonesia, whether or not a legal entity or a legal entity that performs its business activities. B2 trade.

3. The next producer of Dangerous Materials, abbreviated as P-B2, is a company that produces B2 within the country and has an Industrial Business License of the authorized Instancy.

4. IP-B2's next importer of the Hazardous Materials Manufacturer (IP-B2) is a Producer Importer recognized by Dirjen Daglu and approved to import its own B2 which is intended only in meeting the company's production process needs. is concerned.

5. The Importer Listed Hazardous Materials next abbreviated IT-B2 is Importer is not a manufacturer, owner of the General importer Identifiers (API-U), which gets the approval and special task of Dirjen Daglu to import B2.

6. Distributor Listed Hazardous Materials (DT-B2) is a company designated by P-B2 and/or IT-B2 and is granted a special trading venture permit from Dirjen PDN to channel B2 to PT-B2 or directly to the PT-B2. PA-B2.

7. A Corporate Branch office is a company that is a unit or part of its parent company that can be located in a different place and can stand alone or in charge of carrying out a portion of the duties of the company. Its mother.

8. The Registered Retailer of Dangerous Materials (PT-B2) is a company appointed by the DT-B2 and is granted a special trading venture permit B2 from the Governor in this case the Head of the Provincial Service to sell B2 to PA-B2.

9. End users of the hazardous materials (PA-B2) are industrial companies that use B2 as chemically processed materials, resulting in changes in their physical and chemical properties and valuing values. add, and agency or agency that

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uses B2 as the corresponding helper material that has the permissions of the authorized Instancy.

10. The next Hazardous Materials Trade Permit (SIUP-B2) is a permit to carry out the B2 special trading business activities.

11. Procurement B2 is the process/activities of the provision of B2 by P-B2, IP-B2 and IT-B2.

12. Import Technical Support is a technical examination of the import products performed at the loading port of the goods by Surveyor.

13. Surveyor is a survey company that is authorized to conduct the verification or technical search of imported products.

14. The Distribution B2 is the distribution or circulation and sale of B2 from IT-B2 and/or P-B2 to DT-B2, from DT-B2 to PT-B2, from PT-B2 to PA-B2, or IT-B2 and/or P-B2 directly to PT-B2, or IT-B2 and/or P-B2 directly to PA-B2.

15. Supervision is a series of vetting activities to control the procurement of imports, distribution and use of B2.

16. The Inspector Team is a team that conducts examination activities on the truth of corporate legality and the physical presence of storage, repacking facilities (repacking) and the transport tools used by DT-B2 to conduct activities B2 distribution.

17. The CAS number (Chemical Abstract Service) is an internationally adopted index or chemical compound system, allowing it to identify any chemical compounds specifically.

18. Security Data Sheet (LDK)/Safety Data Sheet (SDS) is a guide sheet containing B2 information about the nature of physics, chemistry, the type of danger it poses, the manner of handling, and special actions in an emergency.

19. A label is any description of B2 that is image-shaped, writing, combination of both or other forms containing information about B2 and the Company's description and other information in accordance with the Rules of Invitation, included on a product, put in, placed on or are a packaging part.

20. Packaging is the material used for luxury and/or wrapping B2, whether in direct contact with B2 or not.

21. The head of the Provincial Service is the Head of the Provincial Service whose duty and responsibility in the field of commerce.

22. The head of the District/City Service is the Head of the Regency/City Service whose duty and responsibility in the field of commerce.

23. The Director General of Foreign Trade, who is next called Dirjen Daglu is Director General of the task and

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its responsibility in the field of foreign trade. 24. Director General of the Interior Trade, next

called Dirjen PDN is the Director General whose duties and responsibilities in the field of domestic trade.

25. The Minister is the Minister who organizes government affairs in the field of commerce.

2. The provisions of Article 2 are amended so that it reads as follows: Section 2 (1) The type of B2 that is regulated in the import and distribution system consists of

of a chemical that endangers health and damages the preservation of the environment as set forth in the table below. in Appendix I and Appendix II of this Minister Rule.

(2) The type of B2 as referred to in paragraph (1) may be reviewed as development.

(3) The type of B2 as referred to in paragraph (1) may only be used or utilized corresponds to the following.

(4) Type B2 as referred to in paragraph (1) It is forbidden to be used and used for food and food-related industries.

3. Between Section 5 and Section 6 is inserted into the section 3 (3), Section 5, Section 5A, Section 5B, and Section 5C, which reads as follows: Section 5A

Each import of B2 by IP-B2 and IT-B2 can only be performed through the destination port: a. seaport: Belawan di Medan, Tanjung Priok in Jakarta,

Gold Cape in Semarang, Tanjung Perak in Surabaya, and Sukarno Hatta in Makassar; dan/or

b. All international air ports. Section 5B (1) Each import of B2 by IP-B2 and IT-B2 must be performed

Verify or Drill Technical Support first by Surveyor in the country where the port is able to fit.

(2) The results of Verification or the Import Technical Drill by Surveyor was poured into the form of Surveyor Report (LS) to be used as a customs document in the settlement of import.

(3) The entire load of Verification Fees or Import Technical Callers were conducted by Surveyors are borne by the IP-B2 and the IT-B2 concerned.

Section 5C

(1) The implementation of the Import Technical Drill (s) as referred to in Section 5B of the paragraph (1) is performed by the Minister-specified Surveyor.

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(2) Surveyors as referred to in the paragraph (1) must meet the requirements as follows: a. have a Survey of the Survey of Services (SIUJS); b. experienced as a minimum Surveyor of 5 (five) years; c. have branches or representation and/or affiliates outside

the country and have a network to support the effectiveness of verification services; and

d. have traces (track records) in the field of import verification activities.

(3) Surveyors as referred to in paragraph (1) are required to submit a written report on the recapitulation of the Verification activities or the Technical Drill Import B2 to Dirjen Daglu in this regard the Director of Import every month on the next 15 months.

3. Between Section 26 and Section 27 of the following paragraph, (one),

Article 26A thus reads as follows: Article 26A Surveyor does not carry out an obligation as

referred to in Section 5C of the paragraph (3) of the revocation of the revocation of the laws of the United States. assignment as Surveyor on import of B2.

Article II

The Ordinance of the Minister came into force on 1 November 2011. In order for everyone to know, order the Ministers of the Regulation with its placement in the State News of the Republic of Indonesia.

Specified in Jakarta on 7 September 2011 MINISTER OF COMMERCE

REPUBLIC INDONESIA, MARI ELKA PANGESTU

promulred in Jakarta on 7 November 2011 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, AMIR SYAMSUDDIN INDONESIA ' S REPUBLIC OF INDONESIA NEWS OF 2011 NUMBER 697

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