REPUBLIC OF INDONESIA STATE NEWS

No. 298, 2009 DEPARTMENT OF COMMERCE. Import. Expor. Rice.

REGULATION OF THE REPUBLIC OF INDONESIA TRADE MINISTER NUMBER: 35/M-DAG/PER/8/2009

ABOUT THE SECOND CHANGE TO THE TRADE MINISTER ' S REGULATION

NUMBER 12/M-DAG/PER/4/2008 ON THE TERMS OF THE IMPORT AND EXPORT OF RICE

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

THE DRAW: A. that paying attention to the current state of the conducive national rice, then national rice is potentially exported with regard to food resistance;

b. that to support the export of certain types of rice, the increasing income and well-being of rice farmers, as well as creating the national economic stability needs to be supported with policies in the field of rice exports;

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

Given: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad of 1938 Number 86) as has been changed and plus;

2009, No. 298 2

2. Act Number 16 of 1992 on Quarantine Animals, Fish and Plants (State Sheet of Indonesia 1992 Number 56, Additional Gazette Republic of Indonesia Number 3482);

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 Sheet Of State 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. 7 of 1996 on Food (State Gazette of Indonesia in 1996 Number 99, Additional Gazette of the Republic of Indonesia Number 3656);

6. Government Regulation No. 14 Year 2002 on Quarantine Plant (State Of The Republic Of Indonesia 2002 Number 35, Additional Gazette Of The Republic Of Indonesia Number 4196);

7. Government Regulation No. 68 of 2002 on Food Resilience (State Sheet Of Republic Of Indonesia In 2003 Number 142, Addition Of State Sheet Republic Indonesia Number 4254);

8. Presidential Decree No. 260 of 1967 on the Enforcement of the Task and Responsibility of the Minister of Commerce in the Field of Foreign Trade;

9. Presidential Decree No. 187 /M Year 2005 on the Establishment of the Cabinet Gotong Royong as amended by Presidential Decree No. 171 /M of 2005;

2009, No. 298 3

10. President's Law Number 9 of 2005 on Occupation, Duty, Functions, Organization, and Working Tata of the Ministry of the Republic of Indonesia as amended last with the Presidential Regulation No. 20 of 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 last with the Presidential Regulation No. 50 of 2008;

12. The decision of the Minister of Industry and Trade Number 558/MPP/Kep/12/1998 on the General Terms in the Export Fields as amended last with the Regulation of Trade Minister Number 01/M-DAG/PER/1/2007;

13. Trade Minister Regulation No. 01 /M-M-DAG/PER/ 3/2005 about the Organization and the Working Services of the Department of Commerce as amended last with the Trade Minister Regulation No. 24 /M-DAG/PER/ 6/2009;

14. Trade Minister Regulation Number 12 /M-DAG/PER/ 4/2008 on the Import and Export Conditions of Beras as amended by Regulation of Trade Minister Number 13/M-DAG/PER/3/2009;

Attention: Minister of Agriculture To Minister Trading Number 155 /PP.310/M/7/ 2009 on 16 July 2009 on the export of certain types of rice;

DECIDED:

SET: A TRADE MINISTER ' S REGULATION ON THE SECOND CHANGE OVER TRADE MINISTER REGULATION NUMBER 12/M-DAG/PER/4/2008 ON THE PROVISIONS OF IMPORT AND EXPORT OF RICE.

Article I

Some provisions in the Regulation of Trade Minister Number 12/M-DAG/PER/4/2008 on Import Provisions

2009, No. 298 4

and Export Beras as amended by Trade Minister Regulation Number 13 /M-DAG/PER/3 /2009 was changed as follows:

1. The provisions of Chapter V Article 10 are amended so that it reads as follows:

BAB V EXPORT RICE

Article 10

(1) Export of rice to a certain type as set forth in Annex III of this Minister's Regulation can only be done if Rice supplies in the country have exceeded the need.

(2) Exports of rice as referred to in verse (1) for the type of Skinned Rice in this case rice or special gabah for seed purposes with Post Tarif/HS 1006.10.00.00, Fragrant Rice not Thai Hom Mali with Post Tarif/HS 1006.30.19.00, and other types of rice-others with Post Tarif/HS 1006.30.90.00, which is not produced through the organic farming system: a. with the highest level of shards of 5% can

be done by the State-owned Enterprises Corporation, the Regional Owned Entity or the Private Company;

b. with a fraction of the above 5% to 25% can only be done by General Perusahan BULOG.

(3) Each Company may perform rice exports as referred to in paragraph (1) throughout the year for the type: a. Ten-glued rice with Tarif/HS Post

1006.30.30.00; and b. The rice is produced through the agricultural system

organic with Post Tarif/HS 1006.30.90.00 and Post Tarif/HS 1006.30.19.00 with a fraction of 0% up to 25%.

2009, No. 298 5

(4) Export Beras for: a. The type of rice as referred to in verse (2)

letter a and verse (3) can only be done after receiving an export agreement from the Minister or an official appointed with regard to the recommendation of the Minister of Agriculture or officials who appointed;

b. The type of rice as referred to in paragraph (2) letter b may only be performed after receiving export approval from the Minister with regard to the recommendation of the Coordinating Team.

(5) The Company as referred to in paragraph (2) and paragraph (3) to obtain the export agreement of rice as referred to in paragraph (4) must submit a written request to the Minister through the Director General by attaching it: a. Trade Approval (SIUP); b. List of Companies (TDP); c. Organic Certification obtained from the Institution

Organic certification in the country or abroad that has been accredited by the Accreditation Agency or the Competent Authority in the country or abroad, for the export of rice as referred to in paragraph (3) of the letter b;

d. Recommendation of the Minister of Agriculture or the designated Officer, for the export of rice as referred to in paragraph (2) letter a and verse (3);

e. Recommendation of the Coordination Team, for the export of rice as referred to in paragraph (2) grains b; and

f. Order statement (Confirmation Order) of prospective buyers abroad.

(6) Against the request as referred to in paragraph (5) for the rice as referred to in paragraph (2) letter a, Minister or Director General on behalf of the Minister published the export approval of each device/pershipment.

2009, No. 298 6

(7) Against the request as referred to in paragraph (5) for the rice as referred to in paragraph (2) letter b, the Minister published an export agreement valid for 3 (three) months.

(8) Against a request as referred to in paragraph (5) for the rice as referred to in paragraph (3) letter a and the letter b, Minister or Director General on behalf of the Minister to publish the Export Agreement applicable for 6 (six) months.

(9) The Agreement or rejection of the export request as referred to in paragraph (5) of the slowest 5 (five) the day of work since the full acceptance of the request.

(10) The Export Act as referred to in paragraph (2) and paragraph (3) must be packaged in packs by listing the identity of the company, produced in Indonesia/Produced in Indonesia, Prime Quality/Level of Broken.

2. The provisions of Section 15 are amended so that it reads as follows:

Article 15 (1) of the Company as referred to in Section 4 of the paragraph

(3), Section 10 of the paragraph (2) of the letters a and letter b, and Section 10 of the paragraph (3) that have received the consent of the import or Rice exports are required to deliver a report on the implementation of imported rice and rice exports both terealized and unethically unpublished in writing to the Minister, with the stews delivered to: a. The Minister of Economic Co-ordination of the Economy; and b. Minister of Agriculture.

(2) The report as referred to in paragraph (1) is delivered every month, most slowly on the 15th (fifteenth) month of the month.

3. Appendix III in the Regulation of Trade Minister Number 12/M-DAG/PER/4/2008 on Import Terms

2009, No. 298 7

and Export Beras as amended by Trade Minister Regulation Number 13 /M-DAG/PER/ 3/2009, amended so that it becomes as set forth in an Attachment that is an inseparable part of the The Rules of the Minister.

Article II of the Minister's Regulation shall come into effect at the designated date.

For everyone to know it, order the authoring of the Regulation of the Minister with its placement in the News of the Republic of Indonesia.

Set in Jakarta on 11 August 2009 REPUBLIC TRADE MINISTER INDONESIA, MARI ELKA PANGESTU

Enundfiled in Jakarta on 16 September 2009 MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, ANDI MATTALATTA

2009, No. 298 8

ATTACHMENT OF TRADE MINISTER R.I. NUMBER: 35/M-DAG/PER/8/2009 DATE: 11 AUGUST 2009

CERTAIN TYPES OF RICE THAT CAN BE EXPORTED

NO. Tarif/HS Post Item Description Attraction

10.06 Beras

1. 1006.10.00.00 -Beras skinned (rice or gabah) Only for seed purposes

1006.30 -Beras half digiling or salted entirely, disosoh, embezzled or not

-- Beras wangi

2. 1006.30.19.00 --- Other − Rice Fragrance with the highest fraction of 5%.

− Fragrant Rice is produced through organic farming systems with a fraction of 0% to 25%

3. 1006.30.30.00 -- Tenth Bertan;

4. 1006.30.90.00 -- Other − Non Rice Fragrance with the highest level of fractions of 5%.

− Non Rice Wangi is produced through an organic farming system with a fraction of 0% to 25%

MINISTER OF COMMERCE OF THE REPUBLIC OF INDONESIA, MARI ELKA PANGESTU