DECREE OF THE MINISTER OF INDUSTRY AND TRADE
NO. 528/MPP/7/2002

ON
CLOVE IMPORT PROVISIONS

THE MINISTER OF INDUSTRY AND TRADE,

Considering:

a. that in the framework of anticipating the sharp increase in import of cloves that results in a decline in the price of clove and income of clove farmers in Indonesia and in order to enhance welfare of clove farmers by continuously observing interests of industrial users of clove, it is deemed necessary to stipulate clove import provisions;
b. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade.

In view of:

1. The trading ordinance (Statute Book of 1998 No. 86) as already amended and supplemented;
2. Law No. 7/1984 on ratification of the Agreement Establishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);
3. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
4. Law No. 8/1999 on consumer protection (Statute Book of 1999 No, 42, Supplement to Statute Book No. 3821);
5. Law No. 5/1999 on prohibition of monopolies and unfair business competition (Statute Book of 1999 No. 33, Supplement to Statute Book No. 3806)l
6. Government Regulation No. 81/1999 on supervision over cigarettes for health purpose as already amended by Government Regulation No. 38/2000;
7. Presidential Decree No. 260/1967 on the affirmation of tasks and responsibility of the Minister of Trade in the international trade sector;
8. Presidential Decree No. 228/M/2000 on the establishment of the Mutual Cooperation Cabinet;
9. Presidential Decree No. 12012000 on the status, tasks, functions, authority, organizational structures and working arrangements of ministries;
10. Presidential Decree No. 109/2000 on first-echelon organizational units and tasks of ministries;
11. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on import general provisions;
12. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods having their import regulated, as already amended the latest by Decree of the Minister of Industry and Trade No. 192/MPP/Kep/6/2000;
13. Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 on Importer Registry Number (API) as already amended by Decree of the Minister of Industry and Trade No. 253/MPP/Kep/7/2000;
14. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the organization and working arrangement of the Ministry of Industry and Trade;

DECIDES:

To stipulate :

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON CLOVE IMPORT PROVISIONS.

Article 1

Referred to in this decree as:

a. Clove shall be clove flower (HS.0907.00.100) and other cloves (HS.0907.00.900).
b. Clove importers shall be clove industrial users having Producing Import Identity Number (API-P) or Limited Importer Identity Number (API-T), approved to import cloves solely needed for production process.
c. Dirjen PLN shall be the Director General of Foreign Trade, Ministry of Industry and Trade.
d. Dirjen IKAH shall be the Director General of Chemical, Agro and Forest-based Industries, Ministry of Industry and Trade.
e. Dirjen PDN shall be the Director General of Domestic Trade, Ministry of Industry and Trade.
f. Recommendation shall be a letter issued by institutions/units concerned which provides technical explanation and is not an import approval/license.

Article 2

In order to obtain recognition as clove importers, companies shall submit applications to Dirjen PLN by enclosing:

a. Industrial Business License/Industrial Registry Number or equivalent from technical ministries/non-ministerial government institutions overseeing the said business.
b. Producing Importer Identity Number (API-P) or Limited Importer Identity Number (API-T).
c. Corporate Registry Number (TDP).
d. Taxpayer Code Number (NPWP).

Article 3

(1) Companies allowed to import cloves shall be clove importers already securing the recognition as meant in Article 2.

(2) Every import shall secure import approval containing the quantity, kind and moment of the import.

(3) The clove import approval as meant in paragraph (2) shall be issued by Dirjen PLH on the basis of recommendation of Dirjen IKAH and in accordance with the approval of the Ministry of Industry and Trade.

Article 4

Clove importers securing import approval shall convey reports on realization of import in writing to Dirjen PLN with copies made available to Dirjen IKAH and Dirjen PDN.

Article 5

Any violation against the provision in this decree shall be liable to a sanction in the form of freezing or revocation of API-P and API-T.

Article 6

Companies holding API that open L/C before the date of stipulation of this decree shall remain able to import cloves provided that the goods shall have arrived at the Indonesian destination portnot later than August 5, 2002.

Article 7

This decree comes into force as from the date of stipulation.

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

Stipulated in Jakarta
On July 5, 2002
THE MINISTER OF INDUSTRY AND TRADE OF THE REPUBLIC OF INDONESIA
sgd
RINI M SUMARNO SOEWANDI

DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 528/MPP/7/2002

ON CLOVE IMPORT PROVISIONS