DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 478/MPP/Kep/7/2003

CONCERNING
AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 230/KMK/MPP/Kep/7/1997
ON
GOODS SUBJECTED TO IMPORT CONTROL AS ALREADY AMENDED SEVERAL TIMES AND THE LATEST BY
DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 789/MPP/Kep/12/2002 AND
DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 254/MPP/Kep/7/2000
ON
PROCEDURES FOR IMPORT AND DISTRIBUTION OF CERTAIN DANGEROUS MATERIALS

THE MINISTER OF INDUSTRY AND TRADE,

Considering:

• a. that in connection with dissolution of state limited liability company (Persero) PT Kerta Niaga as meant in Government Regulation No. 28/1998 and merger of state limited company (Persero) PT Pantja Niaga and (Persero) PT Dharma Niaga into (Persero) PT Cipta Niaga later becoming (Persero) PT Perusahaan Perdagangan Indonesia as meant in Government Regulation No.22/2003 as well as in the framework of ensuring the effective and efficient implementation of import policies, it is deemed necessary to amend Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods subjected to import control as already amended several times and the latest by Decree of the Minister of Industry and Trade No. 789/MPP/Kep/12/2002 and Decree of the Minister of Industry and Trade No. 254/MPP/Kep/7/2000 on procedures for import of certain dangerous materials;
• b. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade;

In view of:

• 1. Law No. 9/1969 on stipulation of Government Regulation in lieu of Law No. 1/1969 (Statute Book of 1969 No. 16, Supplement to Statute Book No. 2980) on forms of state-run businesses into a law (Statute Book of 1969 No. 4, Supplement to Statute Book No. 2904);
• 2. Law No. 1/1995 on limited liability companies (Statute Book of 1995 No. 13, Supplement to Statute Book No. 3587);
• 3. Government Regulation No. 12/1968 on state limited liability companies (Statute Book of 1998 No. 15, Supplement to Statute Book No. 3731) as already amended by Government Regulation No. 45/2001 (Statute Book of 2001 No. 68, Supplement to Statute Book No. 4101);
• 4. Government Regulation No. 27/1998 on merger, liquidation and acquisition of limited liability companies (Statute Book of 1998 No. 40, Supplement to Statute Book No. 3741);
• 5. Government Regulation No. 28/1998 on dissolution of state limited liability company (Persero) PT Kerta Niaga and the increase in capital participation of the state in the share capital of (Persero) PT Dharma Niaga (Statute Book of 1998 No.41);
• 6. Government Regulation No. 64/2001 on the transfer of status, tasks and authority of the Minister of Finance in Persero and public corporations (Perum) and state corporations (Perjan) to the State Minister for State-owned Enterprises (Statute Book of 2001 No. 117, Supplement to Statute Book No. 4137);
• 7. Government Regulation No. 22/2003 on the nullification of Government Regulation No. 29/1998 concerning the increase in capital participation of the Republic of Indonesia in the share capital of (Persero) PT Dharma Niaga and merger of (Persero) Pantja Niaga and (Persero) PT Dharma Niaga into (Persero) PT Cipta Niaga (Statute Book of 2003 No. 43);
• 8. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods subjected to import control as already amended several times and the latest by Decree of the Minister of Industry and Trade No. 789/MPP/Kep/12/2002;
• 9. Decree of the Minister of Industry and Trade No.254/MPP/Kep/7/2000 on procedures for import of certain dangerous materials;

Observing:

Decree of the State Minister for State-owned Enterprises No. Kep-208/M-BUMN/2003 on relief and appointment of members of the Board of Executive Directors of (Persero) PT Cipta Niaga;

DECIDES:

To stipulate:

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 230/KMK/MPP/Kep/7/1997 ON GOODS SUBJECTED TO IMPORT CONTROL AS ALREADY AMENDED SEVERAL TIMES AND THE LATEST BY DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 789/MPP/Kep/12/2002 AND DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 254/MPP/Kep/7/2000 ON PROCEDURES FOR IMPORT AND DISTRIBUTION OF CERTAIN DANGEROUS MATERIALS.

Article 1

(1) Several provisions in Decree of the Minister of Industry and Trade No.230/MPP/Kep/7/1997 on goods subjected to import control as already amended several times and the latest by Decree of the Minister of Industry and Trade No.789/MPP/Kep/12/2002 are amended as follows:

1. Article 2 paragraph (1) of Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 originally reading:

"Article 2

(1) Companies appointed as registered importers (IT) to import the food and beverages as contained in Attachment 1 to this decree are:

• a. PT. (Persero) Dharma Niaga;
• b. PT. (Persero) Cipta Niaga."

Is changed into:

"(1) The company appointed as registered importer (IT) to import the food and beverages as contained in Attachment 1 to this decree is PT (Persero) Perusahaan Perdagangan Indonesia."

2. Article 5 paragraph (1) of Decree of the Minister of Industry and Trade No.230/MPP/Kep/7/1997 originally reading:

"Article 5

(1) Companies appointed as registered importers (IT) to import certain materials are:

• a. PT. (Persero) Dharma Niaga;
• b. PT. (Persero) Kerta Niaga;
• c. PT. (Persero) Mega Eltra;
• d. PT. (Persero) Pantja Niaga;
• e. PT. (Persero) Sarinah;
• f. PT. (Persero) Cipta Niaga;"

Is changed into:

"(1) Companies appointed as registered importers (IT) to import certain materials are:

• a. PT. (Persero) Perusahaan Perdagangan Indonesia;
• b. PT. (Persero) Mega Eltra;
• c. PT. (Persero) Sarinah;"

3. Article 5B paragraph (3) of Decree of the Minister of Industry No. 789/MPP/Kep/12/2002 originally reading:

"Article 5 B

(3) IT-CFC sebagaimana dimaksud dalam ayat (2) adalah :

• a. PT (Persero) Dharma Niaga;
• b. PT. (Persero) Pantja Niaga;
• c. PT. (Persero) Cipta Niaga."

Is changed into:

"(3) IT-CFC as meant in paragraph (2) is PT (Persero) Perusahaan Perdagangan Indonesia."

4. Article 5B paragraph (18) of Decree of the Minister of Industry No.789/MPP/Kep/12/2002 originally reading:

"Article 5 B

(18). Article 5B paragraph (18) of Decree of the Minister of Industry No.789/MPP/Kep/12/2002 originally reading:

• a. PT. (Persero) Dharma Niaga;
• b. PT. Asomindo Raya;
• c. NV. Panca Ratna;"

Is changed into:

"(18). Companies appointed as registered importers (IT) as meant in paragraph (17) are:

• a. PT. (Persero) Perusahaan Perdagangan Indonesia;
• b. PT. Asomindo Raya;
• c. NV. Panca Ratna;"

5. Article 3 paragraph (1) of Decree of the Minister of Industry and Trade No.254/MPP/Kep/7/2000 on procedures for import and distribution of certain dangerous materials originally reading:

"Article 3

(1) Company appointed as IT-B2 as contained in Attachment 1 to this decree is PT (Persero) Dharma Niaga."

Is changed into :

"(1) Company appointed as IT-B2 as contained in Attachment 1 to this decree is PT (Persero) Perusahaan Perdagangan Indonesia."

Article 2

(1) The provisions which must be implemented by PT (Persero) Perusahaan Indonesia as meant in Article I of this decree still can be executed as follows :

• a. Article I point 1 letter a 1) on behalf of PT (Persero) Dharma Niaga and PT (Persero) Cipta Niaga;
• b. Article I point 1 letter a 2) on behalf of PT (Persero) Dharma Niaga, PT (Persero) Pantja Niaga and PT (Persero) Cipta Niaga;
• c. Article I point 1 letter b 1) on behalf of PT (Persero) Dharma Niaga, PT (Persero) Pantja Niaga and PT (Persero) Cipta Niaga;
• d. Article I point 1 letter b 2) on behalf of PT (Persero) Dharma Niaga;

up to August 31,2003 or up to the completion of all documents needed for merging PT (Persero) Pantja Niaga and PT (Persero) Dharma Niaga into PT (Persero) Cipta Niaga and the change of PT (Persero) Cipta Niaga into PT (Persero) Perusahaan Perdagangan Indonesia as meant in Article 4 of Government Regulation No. 22/ 2003, any of which comes first.

(2) This decree comes 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 21, 2003
THE MINISTER OF INDUSTRY AND TRADE,
sgd.
RINI M SUMARNO SUWANDI