Trade Minister Regulation Number 35/m-Dag/per/8/2009 Year 2009

Original Language Title: Peraturan Menteri Perdagangan Nomor 35/M-DAG/ PER/8/2009 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51df7d49b0849f313233383435.html

BN 298-2009 .doc REPUBLIC INDONESIA No. 298, 2009 the DEPARTMENT OF COMMERCE. Import. Ekpor. Rice. REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA number: 35/M-DAG/PER/8/2009 on the SECOND AMENDMENT OVER the COMMERCE MINISTERIAL REGULATION No. 12/M-DAG/PER/4/2008 about the PROVISIONS of the IMPORT and EXPORT of RICE with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that pay attention to the condition of a conducive national perberasan currently, then a national rice exported with the potential to keep paying attention to food security; b. that to support the export of certain types of rice, an increase in the income and welfare of rice farmers, as well as creating economic stability need to be supported by national policies in the field of export of rice; c. that based on considerations as referred to in letter a and letter b, need to set Regulations the Secretary of Commerce; Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86) as amended and supplemented;

2009, no. 298 2 2. Act No. 16 of 1992 about the Quarantine of animals, fish and plants (State Gazette of the Republic of Indonesia Number 56 of 1992, an additional Sheet of the Republic of Indonesia Number 1111); 3. 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); 4. 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); 5. Act No. 7 of 1996 on Food (Gazette of the Republic of Indonesia Number 99 in 1996, an additional Sheet of the Republic of Indonesia Number 3656); 6. Government Regulation No. 14 of 2002 about the Plant Quarantine (State Gazette of the Republic of Indonesia Number 35 in 2002, an additional Sheet of the Republic of Indonesia Number 4196); 7. Government Regulation Number 68 in 2002 about food security (State Gazette of the Republic of Indonesia Number 142 in 2003, an additional Sheet of the Republic of Indonesia Number 4254); 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 194/M in 2005 about the formation of Cabinet Mutual as amended by Presidential Decree Number 166/M in 2005;

2009, no. 298 3 10. Presidential Regulation No. 9 of 2005 about the position, tasks, functions, Organization, and the work of Ministries of the Republic of Indonesia as amended last presidential regulation Number 20 in 2008; 11. the presidential Regulation No. 10 in 2005 about the Task and Organizational Unit Echelons I Ministries of the Republic of Indonesia, as amended last presidential regulation Number 50 in 2008; 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 last by Trade Minister Regulation number 01/M-DAG/PER/1/2007; 13. Minister of Trade Regulation number 01/M-DAG/PER/3/2005 concerning the organisation of work and the Department of Commerce as amended last by Trade Minister Regulation Number 24/M-DAG/PER/6/2009; 14. Minister of Trade Regulation No. 12/M-DAG/PER/4/2008 about the provisions of the import and export of rice as amended by regulation of the Minister of Commerce number 13/M-DAG/PER/3/2009; Pay attention: the letter of Minister of agriculture to the Secretary of Commerce Number 155/PP 310/M/7/2009 dated July 16, 2009 Subject to export certain types of Rice; Decide: define: TRADE MINISTER REGULATION ABOUT the SECOND AMENDMENT OVER the COMMERCE MINISTERIAL REGULATION No. 12/M-DAG/PER/4/2008 about the PROVISIONS of the IMPORT and EXPORT of rice. Article I a few provisions in the regulation of the Minister of Commerce No. 12/M-DAG/PER/4/2008 about the conditions of import of 2009, no. 298 4 and export Rice as amended by regulation of the Minister of Commerce number 13/M-DAG/PER/3/2009 is amended as follows: 1. The provisions of Chapter V, article 10 is amended to read as follows: chapter V EXPORT RICE article 10 (1) export of rice to certain types as listed in Annex III of the regulation of the Minister, this can only be done when the rice supply in the country has been exceed the need. (2) Export rice as referred to in subsection (1) for this type of rice is Skinned in this padi specialty grain or for the purposes of seed with Postal Rates/HS 1006.10.00.00, fragrant rice instead of Thai Hom Mali with Postal Rates/HS 1006.30.19.00, and other types of rice with the HS Tariff Heading/1006.30.90.00, which are not produced through organic farming systems: a. with the highest level of kepecahan 5% can be made by the company of State-owned enterprises , Regional-owned enterprises or private companies; b. with the level of kepecahan in the top 5% up to 25% can only be done by the Public Company BULOG. (3) every company can do export rice as referred to in subsection (1) during the year for: a. the type of glutinous rice with birdlime Post Tariff/HS 1006.30.30.00; and b. rice produced through organic farming systems with Postal Tariff/Tariff Heading 1006.30.90.00 and HS/HS 1006.30.19.00 level kepecahan 0% up to 25%.

2009, no. 298 5 (4) the export of rice to: a. types of rice as referred to in paragraph (2) letter a and paragraph (3) could only be done after the approval of the export of the Minister or the designated officer having regard to the recommendation of the Minister of agriculture or the designated officer; b. types of rice as referred to in paragraph (2) letter b can only be made after obtaining the approval of the export of the Minister having regard to the recommendations of the Coordination Team. (5) the company referred to in subsection (2) and paragraph (3) to obtain approval to export rice as referred to in subsection (4) must apply in writing to the Minister through the Director-General with the attach: a. trading business Licence (SIUP); b. Sign companies list (TDP); c. Organic Certificate obtained from Organic certification agencies in the country or abroad who have been accredited by the Accreditation Body or Competent Authority in the country or abroad, to export rice as referred to in paragraph (3) the letter b; d. Recommendation of the Minister of agriculture or the designated Official, to export rice as referred to in paragraph (2) letter a and subsection (3); e. recommendations of Team coordination, to export rice as referred to in paragraph (2) a grain of b; and f. Statement order (Order Confirmation) from prospective buyers abroad. (6) against the application referred to in subsection (5) for rice as referred to in paragraph (2) letter a, the Minister or the Director General on behalf of the Minister publishes export approval each shipment/pershipment.

2009, no. 298 6 (7) against the application referred to in subsection (5) for rice as referred to in paragraph (2) letter b, the Minister published the export approval is valid for 3 (three) months. (8) against the application referred to in subsection (5) for rice as referred to in paragraph (2) letter a and letter b, the Minister or the Director General on behalf of the Minister publishes the prevailing Export Approval for 6 (six) months. (9) the approval of the top export application referred to in subsection (5) is published at the latest 5 (five) working days since the receipt of the complete application. (10) rice Exports as referred to in paragraph (2) and paragraph (3) should be packaged in containers with include corporate identity, are produced in Indonesia/Produced in Indonesia, Prime Quality/Level of Broken. 2. The provisions of article 3 is amended to read as follows: article 15 (1) the companies referred to in article 4 paragraph (3), article 10 paragraph (2) letter a and letter b, as well as of article 10 paragraph (3) which has got the approval of the import or export of rice implementation report mandatory import and export rice either realized or realized, in writing, to the Minister, with copy submitted to the : a. Coordinating Minister for the economy; and b. the Minister of agriculture. (2) the report referred to in subsection (1) is delivered each month, no later than 15 (fifteen) months. 3. Appendix III in the regulation of the Minister of Commerce No. 12/M-DAG/PER/4/2008 about the conditions of import of 2009, no. 298 7 and export Rice as amended by regulation of the Minister of Commerce number 13/M-DAG/PER/3/2009, modified so that it becomes as listed in the annex which is an integral part of part of the regulation of the Minister. Article II of 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 August 11, 2009 MINISTER of TRADE of the REPUBLIC of INDONESIA, MARI ELKA PANGESTU Enacted in Jakarta on 16 September 2009 the MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, ANDI MATTALATTA


2009, no. 298 8 ANNEX RULE SECRETARY of COMMERCE Safety Number: 35/M-DAG/PER/8/2009 date: August 11, 2009 type of Rice That can be exported No. Postal Rates/HS Description Items Description 1 Rice 10. 1006.10.00.00-crusted Rice (padi or paddy) only for the purposes of seed 1006.30-half Rice milled or wholly milled, disosoh, glazed or not--fragrant rice 2. 1006.30.19.00---other − Rice scented with the highest level of kepecahan 5%. − Fragrant rice produced through organic farming systems with the level kepecahan 0% up to 25% 3. 1006.30.30.00--glutinous rice birdlime; 4.1006.30.90.00--other − Non Rice scented with the highest level of kepecahan 5%. − The Non fragrant rice produced through organic farming systems with the level kepecahan 0% up to 25% of the INDONESIAN MINISTER of TRADE, MARI ELKA PANGESTU