DECREE OF THE MINISTER OF INDUSTRY AND TRADE
NO. 516/MPP/KEP/11/1998

CONCERNING
PROVISION ON THE EXPORT OF MANIOC (CASSAVA)

THE MINISTER OF INDUSTRY AND TRADE,

Considering:

• a. that the export trade of manioc from Indonesia to member countries of the European Economic Community (EEC) is restricted through the import quotas based on bilateral agreements;
• b. that in the framework of simplifying the procedure for and boosting the export of manioc, it is necessary to re-regulate the provision on the export of manioc (cassava);
• c. that to this end, it is necessary to issue a decree of the Minister of Industry and Trade.

In view of:

• 1. Government Regulation No. 1/1982 on the implementation of exports: imports and foreign exchange traffic (Statute Book No. 1/1982, Supplement to Statute Book No. 3210) as already amended by Government Regulation No. 24/1985 (Statute Book No. 3291/1985);
• 2. Presidential Decree No. 61/1998 on the position, tasks, organizational structure and the working system of ministries;
• 3. Presidential Decree No. 122/M/1998 on the establishment of the Development Reform Cabinet;
• 4. Decree of the Minister of industry and Trade No. 29/MPP/SK/2/1996 and No. 92/MPP/Kep/4/1996 on the organization and working system of the ministry of industry and trade;
• 5. Decree of the Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on the certificates of origin of Indonesia's export goods, as already amended by Decree of the Minister of Industry and Trade No. 101/MPP/Kep/2/1998;
• 6. Decree of the Minister of Industry and Trade No. 182/MPP/Kep/4/1998 on general provisions in the export sector.

DECIDES

To stipulate:

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE PROVISION ON THE EXPORT OF MANIOC

Article 1

Referred to in this decree as:

• a. Manioc shall be cassava in a sliced and dried form (HS No. 0714.10.100), in a pellet form (HS No. 0714.10.200), and in other forms (HS No. 0714.10.900);
• b. Letter of Implementation of the Export of Manioc (SPEM) shall be a letter of approval of the export quota to a European Union (EU) country issued by the Director of the Export of Agricultural and Chemical Products, Directorate General of Foreign Trade;
• c. Export Certificate shall be a manioc export certificate issued by a regional office of the ministry of industry and traded based on an STEM for the purpose of buyers pursuant to the provision on the import of manioc prevailing in EU countries;
• d. Certificate of Origin for Imports of Agricultural Products Into EEC shall be a certificate of origin for agricultural products imported by European Union countries as meant in Decree of the Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on the certificate of origin of Indonesian export goods as already amended by Decree of the Minister of Industry and Trade No. 101/MPP/Kep/2/1998.

Article 2

(1) The export of manioc to EU countries can be executed by manioc registered exporters (ETM) already recognized by the Minister of Industry and Trade, in this respect the Director General of Foreign Trade.

(2) A company which may be recognized as ETM shall be one that:

• a. owns a trade business license (SIUP) or a corporate business registration certificate (TDUP) or a business license from a technically relevant ministry/a non-ministerial institute based on the prevailing laws;
• b. owns a corporate registration certificate (TDP);
• c. owns a taxpayer's code number (NPWP).

(3) The procedure for the filing of applications for being recognized as ETM shall be conducted by filing an application to the Director General of Foreign Trade through the head of a focal regional office of the ministry of industry and trade in order to obtain a recommendation with the supporting documents as meant in paragraph (2) being attached.

Article 3

(1) The recognition as ETM shall be valid in an indeterminate period as far as the requirements are fulfilled and the export of manioc is still conducted.

(2) The recognition as ETM prior to the issuance of this decree shall remain valid pursuant to the provision as meant in paragraph (1).

Article 4

(1) It is obligatory that the export of manioc to EU countries should be completed with SPEM, an Export Certificate and a Certificate of Origin for Imports of Agricultural Products Into EEC as meant in Article 1 clause b, c and d.

(2) The model of the forms for the SPEM, the Export Certificate and the Certificate of Origin for Imports of Agricultural products Into EEC shall be as set forth in the attachments to this decree.

Article 5

(1) To obtain a manioc export quota, ETM shall file an application to the Director of Exports of Agricultural and Chemical Products, the Directorate General of Foreign Trade with a contract and the L/C being attached.

(2) On the basis of the application referred to in paragraph (1) and as long as the export quota is still available, the Director of Exports of Agricultural and Chemical Products, Directorate General of Foreign Trade shall issue SPEM.

Article 6

(1) ETM already receiving a manioc export quota as meant in Article 5 must already make a shipment at the latest 30 (thirty) days as from the date of issuance of SPEM.

(2) At the request of a buyer, the shipping deadline as meant in paragraph (1) may be extended.

Article 7

(1) On the basis of the SPEM received, the head of a regional office of the ministry of industry and trade shall be obligated to convey a report on the realization of the Certificates of Export and the Certificates of Origin for Imports of Agricultural Products into EEC to the minister of industry and trade through the Director General of Foreign Trade with a copy to be addressed to the Director of Exports of Agricultural and Chemical Products.

(2) The Director of Exports of Agricultural and Chemical Products shall be obligated to report the realization of SPEM every 6 (six) months as from the beginning of the quota year to the minister of industry and trade through the Director General of Foreign Trade.

Article 8

(1) The stipulation and distribution of manioc export quotas shall be conducted annually.

(2) The provision on the stipulation and distribution of manioc export quotas as meant in paragraph (1) and further implementation of this decree shall be stipulated by the Director General of Foreign Trade.

Article 9

Exporters violating the provisions in this decree as well as its implementation provisions may be subject to the imposition of suspension or revocation of the recognition as ETM and or other sanctions based on the prevailing laws.

Article 10

With the stipulation of this decree, Decree of the Minister of Trade No. 224/Kp/VIII/89 on the provision on the export of manioc (cassava) shall be declared null and void.

Article 11

This decree shall be effective as from the date of stipulation.

For public cognizance, this decree shall be announced by publishing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On November 5, 1998
THE MINISTER OF INDUSTRY AND TRADE
sgd.
RAHARDI RAMELAN