DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 757/MPP/Kep/12/2003

CONCERNING
THE PROVISIONAL BAN ON THE IMPORT OF RUMINANT ANIMALS AND
THEIR DERIVATIVE PRODUCTS FROM THE UNITED STATES

THE MINISTER OF INDUSTRY AND TRADE,

Attachement

Considering:

a. that in connection with contagion of no-? cow disease or Bovine Spongiform Encephalopathy (BSE) to cows in the United States as declared by the US government and Office International des Epizooties (OIE.) on December 23, 2003 and in the framework of protecting the public health and national biological resources as well as preventing BSE from coming and spreading, the import of ruminant animals and their derivative products to Indonesia is banned provision¬ally;
b. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade;

In view of:

1. Trade Ordinance of 1934 (Statute Book of 1938 No. 86);
2. Law No. 16/1992 on animal, fish and plant quarantine (Statute Book of 1992 No. 56, Supplement to Statute Book No. 3482);
3. Law No. 23/1992 on health (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3495);
4. Law No. 7/1994 on ratification of agreement establish¬ing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);
5. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
6. Law No. 7/1996 on food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656);
7. Law No. 8/1999 on consumer protection (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
8. Government Regulation No. 58/2001 on fostering and supervision over consumer protection (Statute Book of 201 No. 103, Supplement to Statute Book No. 4126);
9. Presidential Decree No. 260/1967 on the affirmation of tasks and responsibility of the Minister of Trade in the foreign trade sector;
10. Presidential Decree No. 228/M/2001 on the establish¬ment of the Mutual Cooperation Cabinet;
11. Presidential Decree No. 102/2001 on the status, tasks, functions, authority, organizational structures and work¬ing arrangements of ministries;
12. Presidential Decree No. 109/2001 on first-echelon organizational units and tasks of ministries;
13. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on import general provisions;
14. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods subjected to the import con¬trol as already amended several times and the latest by Decree of the Minister of Industry and Trade No. 520/MPP/Kep/8/2003;
15. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on the organization and working ar¬rangement of the Ministry of Industry and Trade;
16. Decree of the Minister of Agriculture No. 445/Kpts/TN.540/72/2002 on the ban on the import of ruminant animals and their products from countries contaminated by Bovine Spongiform Enchephalopathy;

DECIDES:

To stipulate:

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE PROVISIONAL BAN ON THE IMPORT OF RUMINANT ANIMALS AND THEIR DERIVATIVE PRODUCTS FROM THE UNITED STATES.

Article 1

(1) The import of ruminant animals and their derivative prod¬ucts from the United States to the territory of Indonesia shall be prohibited as from the date of stipulation of this decree.

(2) Ruminant animals and their derivative products already arriving at Indonesia's seaports from December 24, 2003 to the date of stipulation of this decree can be released as long as they are accompanied by Bill of Lading, as well as certificate certifying the health of animal issued by the authorized institution in the United States or ex¬porting countries.

(3) The ruminant animals and their derivative products as meant in paragraph (1) are the ruminant animals and their derivative products subsumed into the Tariff Head¬ings as contained in the attachment to this decree.

Article 2

(1) Ruminant animals and their derivative products origi¬nating from the United States, which arrive at Indonesia's seaports on or after the date of stipulation of this de¬cree as meant in paragraph (1) and fail to meet the requirements as meant in Article 1 paragraph (1) shall be re-exported or destroyed.

(2) The re-export or destruction of the ruminant animals and their derivative products as meant in paragraph (1) shall become responsibility and be at expense of the relevant importers.

Article 3

Violation of the provisions in this decree intention¬ally or due to negligence shall be liable to sanction in ac¬cordance with the provisions of law in force.

Article 4

The decree shall come into force as from the date of stipulation and be reviewed if Office International des Epizooties (OIE) has issued official statement regarding the end of mad cow BSE disease m the United States.

For public cognizance, this decree shall be pub¬lished by placing it in State Gazette of the Republic of Indo¬nesia.

Stipulated in Jakarta
On December 31, 2003
THE MINISTER OF INDUSTRY AND TRADE,
sgd.
RINI M SUMARNO SUWANDI

ATTACHMENT

THE LIST OF RUMINANT ANIMALS AND THEIR DERIVATIVE PRODUCTS WITH THE IMPORT BANNED PROVISIONALLY

DECREE OF THE MINISTER OF INDUSTRY AND TRADE No. 757/MPP/Kep/12/2003

CONCERNING THE PROVISIONAL BAN ON THE IMPORT OF RUMINANT ANIMALS AND THEIR DERIVATIVE PRODUCTS FROM THE UNITED STATES