REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
No. 26/M-DAG/PER/12/2005

ON
ARRANGEMENTS OF EXPORT OF COFFEE

THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that, with the issuance of Government Regulation No. 9/2005 on Positions, Duties, Functions, Organization Structures, and Operational Procedures of State Ministries of the Republic of Indonesia and Presidential Regulation No. 10/2005 on Organization Units and Duties of Echelons I of State Ministries of the Republic of Indonesia as already amended by Presidential Regulation No. 15/2005, the Ministry of Industry and Trade is separated to the Ministry of Industry and the Ministry of Trade;
• b. that, with the validity of Law No. 32/2004 on amendment of government administration system in the framework of regional autonomy, change of authority at provincial, regental, and municipal levels has occurred;
• c. that, concerning the matters in paragraphs a and b above, it is deemed necessary to revoke Decree of the Minister of Industry and Trade No. 29/MPP/Kep/I/1999 on Arrangements of Export of Coffee and to restipulate the above rules;
• d. that, considering the matters as meant in paragraphs a, b, and c above, it is necessary to issue Regulation of the Minister of Finance;

In view of :

• 1. Trade Ordinance of 1934 (Statute Book of 1938 No. 86);
• 2. Law No. 32/2004 on Regional Administration (Statute Book of 2004 No. 125, Supplement to Statute Book No. 4437);
• 3. Presidential Decree No. 260/1967 on Confirmation of Duties and Responsibilities of the Minister of Trade In Foreign Trade Affairs;
• 4. Presidential Decree No. 187/M/2004 on Establishment of United Indonesia Cabinet as already amended by Presidential Decree No. 8/M/2005;
• 5. Presidential Regulation No. 9/2005 on Positions, Duties, Functions, Organization Structures, and Operational Procedures of State Ministries of the Republic of Indonesia;
• 6. Presidential Regulation No. 10/2005 on Organization Units and Duties of Echelons I of State Ministries of the Republic of Indonesia as already amended by Presidential Regulation No. 15/2005;
• 7. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 on General Arrangements of Export as already amended several times and latest by Regulation of the Minister of Trade No. 07/M-DAG/PER/3/2005;
• 8. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 on Organization and Operational Procedure of the Ministry of Trade.

DECIDES:

To revoke :

DECREE OF THE MINISTER OF INDUSTRY AND TRADE NUMBER: 29/MPP/KEP/1/1999 ON ARRANGEMENTS OF EXPORT OF COFFEE.

To stipulate :

REGULATION OF THE MINISTER OF TRADE ON ARRANGEMENTS OF EXPORT OF COFFEE.

Article 1

Hereinafter referred to as:

• a. Exported coffee is as included in HS No. 09.01 and No. 21.01 and as specified in Attachment I;
• b. Coffee weight ratio (conversion) as meant in paragraph a of this Article is as specified in Attachment II;
• c. License of Export of Coffee (SPEK) is a letter of approval for export of coffee to all destination countries issued by the institution responsible in trade affairs at provincial/regental/municipal level, for coffee exporters, as specified in Attachment III;
• d. ICO Certificate of Origin is a statement used as a document accompanying the goods (coffee) exported from all regions in Indonesia evidencing that the goods (coffee) are from, produced, and/or processed in Indonesia.

Article 2

(1) Export of coffee may only be operated by a company certified as coffee exporter by the Director General of Foreign Trade.

(2) The certificate of exporter of coffee is valid for an unlimited period as long as the company operates its business activities pursuant to the applicable regulations.

(3) The certificate of exporter of coffee as meant in paragraph (2) is declared invalid if the exporter does not operate export activities for one (1) year.

Article 3

A company wishes to be certified as exporter of coffee may file a request to the Director General of Foreign Trade by completing the following documents:

• a. Trading Business License (SIUP) and Certificate of Trading Business (TDUP) or licenses from the technical ministries/non-ministerial government institutions;
• b. Certificate of Registration of Company (TDP);
• c. Taxpayer's Identification Number (NPWP);
• d. Recommendation from the institution responsible in trade affairs in the province/regency/municipality.

Article 4

(1) Export of coffee must be completed with License of Export Coffee (SPEK) as meant in Article 1 paragraph c.

(2) SPEK must have been issued within not later than three (3) days since receipt of the request completed with the required documents by the exporter.

(3) SPEK is only valid for thirty (30) days since it is issued and may only be extended for one (1) time.

(4) SPEK, which expires at the end of the year of coffee or on September 30, may not be extended.

(5) SPEK as meant in paragraph (1) may only be used for shipment from all regions in Indonesia.

Article 5

SPEK is issued by the institution responsible in trade affairs in the province/regency/municipality appointed by the Director General of Foreign Trade of the Ministry of Trade as the issuer of SPEK, if coffee exporter already paid a fee to the Indonesian Association of Coffee Exporters (AEKI).

Article 6

The amount of the fee as meant in Article 5 is stipulated based on the agreement of the members in the general members meeting of AEKI or in the meeting of the Plenary Board of AEKI.

Article 7

SPEK is issued in quintuplicate consisting of :

• a. The original page for the Customs and Excise Inspection Office;
• b. The first carbon copy page for the foreign exchange bank;
• c. The second carbon copy page for the institution responsible in trade affairs in the province/ regency/ municipality;
• d. The third carbon copy for the Directorate General of Foreign Trade, in this case, the Directorate for Export of Agriculture and Forestry Products of the Ministry of Trade; and
• e. The fourth carbon copy for the exporter.

Article 8

Export of coffee must be completed with ICO Certificate of Origin as meant in Article 2 paragraph (3) of Regulation of the Minister of Trade No. 17/M-DAG/PER/9/2005 on Issuance of Certificate of Origin for Indonesia's Export Commodities, as specified in Attachment IV.

Article 9

Exported coffee must meet the standard of quality stipulated by the Minister of Trade.

Article 10

Coffee exporters violating the provisions of this Regulation and its enforcement regulations will be imposed with sanction in the form of freezing or revocation of certificate of exporter of coffee and/or other sanctions pursuant to the applicable laws.

This regulation is valid since the date it is stipulated.

For public cognizance, this Regulation is published by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On December 2, 2005
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
sgd
MARI ELKA PANGESTU