DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 254/MPP/KEP/7/2000

CONCERNING
THE CONTROL OVER THE IMPORT AND DISTRIBUTION OF CERTAIN DANGEROUS MATERIALS

THE MINISTER OF INDUSTRY AND TRADE,

Attachment

Considering:

• a. that since the use of dangerous materials has continued to increase as a result of developments of science and technology, any deviating use can pose a threat to the health of human/animals/plants and damage the conservation of the environment;
• b. that with the ratification of Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction as stipulated in Law No. 6/1998;
• c. That in connection with the matters above, in order to avoid and reduce risks resulting from the improper use and designation of dangerous materials, it is necessary to control the import of the materials by continuously observing the smooth flow of goods;
• d. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade.

In view of :

• 1. The Indonesian Trade Ordinance of 1934 (Statute Book of 1938 No. 86) as already amended and supplemented;
• 2. Law No. 1/1970 on the occupational safety (Statute Book of 1970 No. 1, Supplement to Statute Book No. 2918);
• 3. Law No. 3/1982 on the obligation to register companies (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214);
• 4. Law No. 23/1992 on the health (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3945)
• 5. Law No. 7/1994 on the ratification of the agreement establishing the World Trade Organisation (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);
• 6. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
• 7. Law No. 23/1997 on the environmental management (Statute Book of 1997 No. 68, Supplement to Statute Book No. 3699);
• 8. Law No. 6/1998 on the ratification of Convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction (Statute Book of 1998 No. 171 );
• 9. Law No. 5/1999 on the prohibition of monopolistic practice and unfair business competition (Statue Book of 1999 No. 32, Supplement to Statute Book No. 3817);
• 10. Law No. 8/1999 on consumer protection (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
• 11. Presidential Decree No. 8/1999 on the affirmation of tasks and responsibility of the Minister of Trade in the field of international trade;
• 12. Presidential Decree No. 136/1999 on the status, tasks, organisational structures and working arrangements of ministries as already amended by Presidential Decree No. 147/1999;
• 13. Presidential Decree No. 355/M/1999 on the establishment of the Cabinet for the 1999 - 2004 period as already amended by Presidential Decree No. 98/M/2000;
• 14. Regulation of the Minister of Health No. 472/Menkes/Per/V/1996 on the safeguarding of materials dangerous to the health;
• 15. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on the general provisions in the import field;
• 16. Decree of the Minister of Industry and Trade No. 230/MPP/7/1997 on goods whose import is controlled as already amended several times the latest by the Decree of the Minister of Industry and Trade No. 192/MPP/Kep/6/2000;
• 17. Decree of the Minister of Industry and Trade No. 105/MPP/Kep/2/1998 on warehousing affairs;
• 18. Decree of the Minister of Industry and Trade No. 444/MPP/Kep/9/1998 jo. No. 24/MPP/Kep/1/1999 on the organisation and working arrangement of the Ministry of Industry and Trade;
• 19. Decree of the Minister of Manpower No. 187/MEN/1999 on the control over dangerous chemical materials in working places;
• 20. Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 on Importer Identity Numbers (API);

DECIDES:

To revoke :

• 1. Decree of the Minister of Industry and Trade No. 106/MPP/Kep/2/1998 on the control over the trade of dangerous materials;
• 2. Letter of the Minister of Industry and Trade No. 288/MPP/Kep/2/1998 on the assignment of the import of dangerous materials.

To stipulate :

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE CONTROL OVER THE IMPORT AND DISTRIBUTION OF CERTAIN DANGEROUS MATERIALS

CHAPTER I
GENERAL PROVISION

Article 1

Referred to in this decree as:

• 1. Dangerous materials abbreviated to B2 shall be substances, chemical and biological materials in both single and mixed forms which are capable of endangering health and the environment directly or indirectly and have poisonous, carcinogenic, teratogenic, mutagenic, corrosive and irritative properties;
• 2. IP-B2 shall be producing importers of dangerous materials recognized by the Director General of Foreign Trade and approved to import dangerous materials to be solely designated to meet the need of their own production;
• 3. IT-B2 shall be non-producing approved importers of dangerous materials having General In-,porter Identity Numbers (API U) that have special tasks of important dangerous materials and acting as distributors of dangerous materials imported by their to other interested companies which in this case are end-users;
• 4. End-users shall be business entities using the said dangerous materials in accordance with their designation and being prohibited from trading or transferring them to whatever parties;
• 5. Number of Chemical Abstract Services (CAS) shall be indexation or registration system of chemical compounds adopted internationally so as to enable the identification of every chemical compound specifically;
• 6. Material Safety Data Sheet (MSDS) shall be sheets of directives containing information on the physics and chemical properties of dangerous materials, kinds of danger that can arise, methods of handling and special actions in emergency conditions;
• 7. Director General of PLN shall be the Director General of Foreign Trade of the Ministry of Industry and Trade;
• 8. Director General of IKAH shall be the Director General of Chemical, Agro and Forest-based Industries of the Ministry of Industry and Trade;
• 9. Director General of POM shall be the Director General of Food and Drug Control of the Ministry of health.

CHAPTER II
B2 WHOSE TRADE IS REGULATED AND THE IMPLEMENTATION OF THEIR IMPORT

Article 2

(1) B2 whose import is regulated as contained in Attachment I to this decree shall cover 351 Tariff Headings that consist of chemical materials being dangerous to the health and damaging conservation of the environment and chemical materials on lists 2 and 3 of the Chemical Weapon Conservation (KCK).

(2) The list of B2 as meant in paragraph (1) can be reviewed in accordance with development.

Article 3

(1) Companies appointed to become IT-B2 as contained in Attachment I to this decree shall be State-owned limited liability company PT ( Persero ) Dharma Niaga.

(2) The import of B2 by the con-parry as meant in paragraph (1) shall secure approval of the Director General of PLN after observing opinions of the Director General of POM and the Director General of IKAH.

CHAPTER III
PROCEDURES AND REQUIREMENTS FOR SECURING IP-B2

Article 4

(1) In order to obtain the recognition as IP-B2, the relevant companies shall submit applications to the Director General of PLN by enclosing:

• a. Industrial Business Licences/Industrial Registry Numbers or other equivalencies from technical department on the said business fields;
• b. Producing Importer Identity Numbers (APIP) or Limited Importer Identity Numbers (APIT);
• c. Corporate Registry Numbers (TDP);
• d. Taxpayer Code Numbers (TDP):
• e. Recommendations from the Director General of IKAH.

(2) B2 imported by IP-B2 can only be used for the need of the production process and shall be prohibited from being sold/traded or handed over to whomever.

(3) The model of recognition as IP-B2 shall be as meant in the specimen in Attachment II to this decree.

Article 5

The approval or rejection of the applications as meant in Article 4 paragraph (1) shall be decided in the period of 7 (seven) working days as from the date of receipt of complete and true applications.

Article 6

The recognition as IP-b2 and approval of IT-B2 shall be effective for one years, starting from the date of issuance of recognition of IP-B2 and approval of IT-B2 and be extendible.

CHAPTER IV
TRANSPORT AND DISTRIBUTION OF B2

Article 7

The release/transport of B2 from destination ports to warehouses of IP-B2 or IT-B2 shall comply with procedures and provisions of institutions concerned and he accompanied by Emergency Transport Guide.

Article 8

(1) B2 shall be distributed directly to end-users by IT-B2 and prohibited from being distributed through middlemen.

(2) B2 distributed shall be packed properly and safely in accordance with the provisions of the United Nation Standards and mention names of R2, net weights, labels, symbols and directives in the case of the occurrence of accidents.

(3) In the case of B2 distributed to end-users requiring smaller packs, IT B2 can undertake repacking, by continuing LC comply with the standards in force as meant in paragraph (2) and attach names of B2, net weights, symbols and directives to the repacking in the case of the occurrence of accidents.

CHAPTER V
OBLIGATIONS

Article 9

(1) Whether the import of B2 is executed or not, IP B2 and IT-B2 shall convey reports in writing to the Director General of PLN, Director General of IKAH and Director General of POM on a quarterly basis, starting from the date of issuance of recognition as IP-B2 or IT B2.

(2) The model of the reports on the realisation of the import of IP-B2 and 1T B2 shall be as contained in the specimen in Attachment III to this decree.

(3) The distribution of B2 by IT B2 shall be reported in writing to the Director General of PLN, Director General of IKAH and Director General of POM not later than 15 (fifteen) days as from the date of the distribution of B2 to end-users. (4) The Model of the reports on the distribution and use of imported B2 shall be as contained in the specimen in Attachment IV to this decree.

Article 10

(1) Companies already securing recognition as IP-B2 and IT b2 shall have equipment of an emergency responsive system and experts in the management of B2.

(2) B2 imported by IP-B2 and IT B2 shall use packs and labels on the basis of national provisions in force and international requirements of Maritime Dangerous Good Code (IMDG Code/United Nation Standards).

Article 11

(1) IP-B2 and IT B2 shall make out and compile Material Safety Data Sheet (MSDS) of B2.

(2) The material safety data sheets as meant in paragraph (1) shall be included in every pack and also put in places where B2 are stored so as to be easy to see and read.

(3) The model of the material safety data sheets shall be as contained in the speciment in Attachment V to this decree.

CHAPTER VI
SANCTIONS

Article 12

Any violation of the provisions in this decree, both intentionally and because of negligence, shall be liable to the following sanctions:

• a. revocation of recognition as IP-B2 in the case of:
• 1. the trading and/or handing over of B2 as mentioned in the recognition as IP-B2;
• 2. kinds and/or quantity of B2 imported being not in accordance with those mentioned in the recognition of IP-B2;
• 3. the validity period of import of the goods mentioned in the recognition of IP-B2 ending;
• 4. the failure to extend the validity period of IP-B2 not later than one month after the date of expiration of the validity period;
• 5. the failure to report the realisation of their import twice consecutively as stipulated in Article 9 paragraph (1).
• b. Materials imported by IP-B2 that are not in accordance with the recognition as meant in paragraph (1) shall be re-exported or destroyed at the cost of the relevant importers or controlled by the state or subjected to sanctions according to the customs provisions in force.

Article 13

(1) The appointment as IT B2 shall be subject to review by the Minister of Industry and Trade, in the case of:

• a. kinds and/or quantities of the imported materials being not in accordance with those mentioned in letters of approval of IT- B2;
• b. the validity period of import of the materials mentioned in letters of approval of IT-B2 ending;
• c. the imported B2 being distributed through other companies and/or brokers;
• d. the failure to report the realisation of their import twice consecutively as meant in Article 9 paragraph (2).

(2) Materials imported by IT-B2 that are not in accordance with the recognition as meant in paragraph (1) shall be re-exported or destroyed at the cost of the relevant importers or controlled by the state or subjected to sanctions according to the customs provisions in force.

Article 14

Any violation of the provisions in this decree, other than those stipulated in Articles 12 and 13, both intentionally and because of negligence endangering the health of human/animals/plants as well as destroying the preservation of the environment shall be subjected to a criminal sanction in accordance with the provisions in force.

CHAPTER VII
CONCLUSION

Article 15

This provision shall come into force as from the date of stipulation.

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

Stipulated in Jakarta
On July 4, 2000
THE MINISTER OF INDUSTRY AND TRADE
sgd
LUHUT B PANDJAITAN

Attachment