REPUBLIC OF INDONESIA STATE NEWS

No. 208, 2009 DEPARTMENT. Trade. Import. Waste. Poison. Provisions. Change.

REGULATION OF THE REPUBLIC OF INDONESIA TRADE MINISTER

NUMBER: 26/M-DAG/PER/6/2009 ON

CHANGES TO THE TRADE MINISTER REGULATION NUMBER 58/M-DAG/PER/12/2008 ON THE PROVISIONS OF THE IMPORT OF NON-HAZARDOUS WASTE MATERIALS AND POISONOUS (NON B3)

WITH THE GRACE OF GOD ALMIGHTY THE TRADE MINISTER OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that in order to increase the effectiveness and efficiency of implementation of the Non B3 importation policy, need to review the term of implementation of the verification or technical search for the import of the Non B3 Limbah as set forth in the number 6. up to 63 in Appendix I of the Trade Minister Regulation No. 58 /M-DAG/PER/12/2008;

b. that based on the consideration as referred to in the letter a, it needs to be set by the Trade Minister Regulation;

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

2. Law No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia in 1984 No. 22, Additional Gazette of the Republic of Indonesia Number 3274);

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3. 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 Gazette Of The Country Republic of Indonesia No. 3564);

4. 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 of 2006 (State Sheet) Republic of Indonesia Year 2006 Number 93, Additional Gazette Republic of Indonesia Number 4661);

5. Law No. 23 of 1997 on Environmental Management (the Gazette of the Republic of Indonesia in 1997 No. 68, Additional Gazette of the Republic of Indonesia Number 3699);

6. Government Regulation Number 18 Of 1999 On The Management Of Hazardous And Toxic Waste Materials (sheet Of State Of The Republic Of Indonesia In 1999 Number 31, Additional Gazette Indonesian Republic Number 3815) as amended by Regulation. Government Number 85 In 1999 (sheet Of State Of The Republic Of Indonesia In 1999 Number 190, Additional Sheet Of The Republic Of Indonesia Indonesia Number 3910);

7. President Number 260 In 1967's Decision On The Enforcement Of The Task And The Responsibility Of The Minister Of Commerce In The Field Of Foreign Trade;

8. Presidential Decree No. 61 of 1993 on Unrest Basel Convention on The Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Sheet Country Republic Of Indonesia 1993 Number 62);

9. President's decision of No. 187 in 2004 on the Establishment of the United Indonesia Cabinet, as amended in the last few times with the Decree of the President of the Republic of Indonesia Number 171 /M of 2005;

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10. President's Law Number 9 of 2005 on Occupation, Duty, Function, Organization, Organization, and Working Tata of the Ministry of the Republic of Indonesia as amended in the last few times with the Regulation of the President of the Republic of Indonesia Number 20 Year 2008;

11. The Presidential Decree No. 10 of 2005 on the Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia, as amended on the last several times with the Regulation of the President of the Republic of Indonesia No. 21 of 2008;

12. The decision of the Minister of Industry and Trade Number 229/MPP/Kep/7/1997 on the General Terms in the Import field;

13. Decision of Minister of Industry and Trade Number 520/MPP/Kep/8/2003 on the Prohibition of Hazardous Waste and Toxic Waste (B3) Prohibition (B3);

14. Trade Minister Regulation No. 01 /M-DAG/PER/ 3/2005 on the Organization and Workforce of the Department of Commerce as amended in the last several times with the Trade Minister Regulation No. 34 /M-DAG/PER/8/2007;

15. Trade Minister Regulation No. 31 /M-DAG/PER/ 7/2007 on Importer Identifiers (API);

16. Regulation of Trade Minister Number 58 /M-DAG/PER/ 12/2008 on the Terms of Import Non-hazardous and Toxic Waste (Non B3);

DECIDED:

Establish: REGULATION OF TRADE MINISTERS ON CHANGES TO THE MINISTER ' S REGULATIONS TRADE NUMBER 58/M-DAG/PER/12/2008 ON THE PROVISIONS OF THE IMPORT OF NON-HAZARDOUS AND TOXIC WASTE MATERIALS (NON B3).

Article I provisions of Article 8 paragraph (5) and paragraph (9) in the Regulation of Trade Minister Number 58/M-DAG/PER/12/2008 on Conditions

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The importation of hazardous non-hazardous and Toxic Waste (Non B3) is amended, so that Section 8 reads as follows:

Section 8 (1) Any importation of Non B3 Limbah by IP Limbah Non B3

is mandatory verification or The technical drill in the state can be posted.

(2) The implementation of the verification or technical drill as referred to in paragraph (1) is carried out by Surveyor who has met technical requirements, and is set by the Minister.

(3) Scope of the verification execution or technical drill as referred to in paragraph (1), which includes: a. identity (name and address) of the importer and exporter

with right and clear; b. number and date of Confession as Non-Limbah IP

B3; c. volume/volume or weight, type and specification, as well as

numbers of imported non B3 fares/HS Limbah non-B3. Exporting state and port/port

load imported Non B3 Limbah; e. description of place or unloading destination port

Imported Non B3 Limbah; f. Imported Non B3 Limbah notation is not proven

as Limbah B3; and g. Other details that are required.

(4) The implementation of a verification or technical search referred to in paragraph (1) specifically for the type of Limbah Non B3 with a number 1 up to 5 in Annex I of this Minister's Regulation is performed by The PT. Surveyor Indonesia (PT. SI) and PT. Supered Company of Indonesia (PT. SUCOFINDO) or other surveyors who meet technical requirements as well as carry out verification or technical tracing in accordance with the scope as referred to in paragraph (3).

(5) The implementation of verification or technical tracing as specified in paragraph (1) for the import of Non B3 Limbah as set forth in number 6 to 63 in Appendix I of this Minister's Regulation, may be performed

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A surveyor designated by IP Limbah Non B3 was concerned until 24 September 2009, as well as carrying out verification or technical tracing in accordance with the scope as referred to in paragraph (3).

(6) The results of the verification or technical search based on the scope as referred to in paragraph (3) are poured in the form of the Surveyor Report (LS) for use as a customs supplement document in the completion of the pabeeness in the field import.

(7) Surveyors are required to be responsible for verification results or technical callers as referred to in paragraph (6).

(8) In the event the imported Non B3 Limbah is proven to be a Limbah B3 as referred to in Section 6 of the letter b performed verification or technical search by Surveyor as referred to in paragraph (5), the return of the Limbah It is intended to be the responsibility of the Non B3 Waste IP in question.

(9) After the date of September 24, 2009, the implementation of the verification or technical drill for the import of the Non B3 Limbah as listed in the number 6 to the 63 in Appendix I Regulation of this Minister, carried out by Surveyor set by the Minister as it is in verse (2).

(10) In terms of Limbah Non B3 in bulk form (bulk) will be overtaken in transit port, a mandatory verification or technical drill at the time of the Non B3 Limbah will be loaded back to the ship.

(11) Surveyors levied reward services from the importer for the conduct of the verification or technical callers as referred to in paragraph (1) and paragraph (10) whose value is determined by regard to the benefit of the benefits.

(12) Surveyors as referred to in paragraph (2) are mandatory. Submit a report on the verification event or technical search in writing every month to the Director General.

Article II of the Minister ' s Regulation shall begin in effect on the designated date.

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For everyone to know it, ordering the Minister of the Ordinance by its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 23 June 2009 MINISTER OF COMMERCE REPUBLIC OF INDONESIA, MARI ELKA PANGESTU

Enundfiled in Jakarta on 14 July 2009 MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, ANDI MATTALATTA