THE MINISTER OF INDUSTRY AND TRADE
No. 10/MPP/SK/I/1996
ON
GENERAL PROVISIONS IN THE EXPORT SECTOR
THE MINISTER OF INDUSTRY AND TRADE,
Considering :
that within the framework implementing Government Regulation No.1/1982 and in order to further promote exports and ensure their smooth realization, it is deemed necessary to revise general provisions in the export sector.
In view of :
- 1. The Trade Ordinance of 1934 (Statute Book of 1938 No.86) as already amended and supplemented;
- 2. Government Regulation No. 1/1982 on the realization of exports, imports and the flow of foreign exchange (Statute Book of 1982 No. 1, Supplement to Statute Book No. 3210) as already amended by Government Regulation No. 24/1985 (Statute Book of 1985 No. 32, Supplement to Statute Book No. 3291);
- 3. Presidential Decree No. 260/1967 on the definition of tasks and responsibilities of the Minister of Trade in the foreign trade sector;
- 4. Presidential Decree No. 96/M/1993 as already amended by Presidential Decree No. 388/M/1995;
- 5. Presidential Decree No. 2/1996 or the amendment of Presidential Decree No. 15/1984 on the organizational structures of ministries as already twenty-five times amended, the latest by Presidential Decree No. 61/1995;
- 6. The Decree of the Minister of Trade No. 1458/KP/XII/84 on the trade license (SIUP);
- 7. The Decree of the Minister of Trade No. 323/KP/II/84 regarding the provision of compulsory registration of the Company, as amended by Decree of the Minister of Trade No. 193/KP/VIII/1990 on Amendment Decree of the Minister of Trade No. 323/Kp/II/84 regarding the provision of compulsory registration of companies.
- 8. The Decree of the Minister of Trade No. 225/Kp/X/1995 on the release of goods abroad beyond the general provisions in the export sector;
- 9. The Decree of the Minister of Finance No. 738/KMK.00/1991 on the customs procedure in the export sector;
- 10. The Decree of the Minister of Finance No. 1012/KMK.00/1991 on the export declaration.
DECIDES:
To stipulate :
DECREE MINISTER OF INDUSTRY AND COMMERCE ON GENERAL PROVISIONS IN THE FIELD OF EXPORT.
Article 1
In this decision the following meanings :
- a. Is the activity of issuing export of goods within the Customs Area;
- b. Exporters are any companies or individuals who perform export activities;
- c. Goods exports regulated market system is that its exports of goods may only be undertaken by Registered Exporter;
- d. Export of controlled goods are export goods can only be done with the approval of the Minister of Industry and Trade or appointed officials;
- e. Export prohibited goods are goods that should not be exported;
- f. Free export of goods are goods that are not subject to the provisions of point c, d and e of this Article;
- g. Registered Exporters are companies or individuals who have received recognition of the Minister of Industry and Commerce for export of certain goods in accordance with applicable regulations;
Article 2
(1) Exports can be realized by companies or individuals which/who have possessed:
- a. the trade license (SIUP); or
- b. the business license from the technical ministry/non departmental government agency on the basis of the laws in force; and
- c. the corporate registration certificate (TDP).
(2) Companies or individuals engaged in the export of goods subject to the export trade system shall fulfill the requirements as meant in paragraph (1) of this article and obtain recognition as approved exporters from the Minister of Industry and Trade, in this case the Director General of International Trade.
(3) Companies or individuals engaged in the export of goods subject to export control shall fulfill the requirements as meant in paragraph (1) of this article and obtain export approval from the Minister of Industry and Trade, in this case the Director General of International Trade.
(4) The goods subject to the export trade system, export control and the export ban shall be those as contained in the attachment to this decree.
Article 3
In order to ensure smooth export realization, export goods shall not be subject to inspection except :
- a. certain goods subject to the export trade system;
- b. goods subject to export tax/export surcharges;
- c. goods obtaining facilities of exemption from or restitution of import duty and other import levies on basic/auxiliary materials of goods granted facilities under the Agency for Export Facilities Service and Financial Data Processing (BAPEKSTA-Finance).
Article 4
Export payments can be made by Letters of Credit (L/C) or by other payment methods normally effective in international trade, on a cash or credit basis including consignment, according to agreements between sellers and buyers.
Article 5
(1) Exports of goods carried out by using the Export Notification (PEB);
(2) Exporters must complete PEB are complete and correct;
(3) PEB is the primary document for recording exports.
Article 6
Goods subject to export trade regulations, set in its own decision.
Article 7
Recognition as a Registered Exporter given prior to the issuance of this decision are declared to remain valid for Registered Exporters are still running the business.
Article 8
Exporters who violate the provisions of this decree may be subject to sanctions under legislation in force, and may be revoked or SIUP and Business License The industry is by the Ministry of Industry and Trade.
Article 9
The implementation of this Decree shall be further regulated by the Director General of International Trade.
Article 10
With the enactment of this Decree, the Decree of the Minister of Trade and Cooperatives No. 27/KP/1/82 of the General Provisions in the Field of Export Trade Ministerial Decree No. clan 331/KP/XII/87 on Simplification provisions in the field of export declared invalid.
Article 11
This decree shall come into force since the enactment.
In order that the people cognizance, to command announcement of this decision by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On January 25, 1996
THE MINISTER OF INDUSTRY AND TRADE,
sgd
T. ARIWIBOWO
Attachment (Indonesia PDF)