REGULATION OF THE MINISTER OF TRADE
No. 39/M-DAG/PER/9/2009

CONCERNING
PROVISION ON THE IMPORT OF NON-HAZARDOUS AND TOXIC WASTE (NON B3)

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that certain industries in the country still use non-hazardous and toxic waste (non B3 waste) as raw materials and/or auxiliary materials for the need of production;
• b. that non-B3 waste as raw materials and/or auxiliary materials needed for the need of the certain industries could not be obtained wholly from domestic source so that additional supply from overseas sources is needed;
• c. that the provision of non-B3 waste as raw materials and/or auxiliary materials from overseas sources must continue to observe environmental protection programs in the country so that the import thereof needs to be controlled and restricted;
• d. that in the framework of assuring the availability of raw materials for certain industries in the country without reducing effectiveness of supervision over the import of non B3 waste, it's necessary to re-regulate provision on the import of non B3 waste;
• e. that based on considerations as intended in paragraphs a, b, c, and d, it is necessary to stipulate a regulation of the Minister of Trade;

In view of:

• 1. Trade Law 1934 (Statute Book No. 86/1938);
• 2. Law No. 5/1984 concerning Industry (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
• 3. Law No. 7/1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
• 4. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
• 5. Law No. 23/1997 concerning Environmental Management (Statute Book of the Republic of Indonesia No. 68/1997, Supplement to Statute Book of the Republic of Indonesia No. 3699);
• 6. Government Regulation No. 18/1999 concerning Treatment of Waste of Hazardous and Toxic Materials (Statute Book of the Republic of Indonesia No. 31/1999, Supplement to Statute Book of the Republic of Indonesia No. 3815) as amended by Government Regulation No. 85/1999 (Statute Book of the Republic of Indonesia No. 190/1999, Supplement to Statute Book of the Republic of Indonesia No. 3910);
• 7. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
• 8. Presidential Decree No. 61/1993 concerning Ratification of Basel Convention on The Control of Trans-boundary Movements of Hazardous Wastes and Their Disposal (Statute Book of the Republic of Indonesia No. 62/1993;
• 9. Presidential Decree No. 187/M/2004 concerning the Establishment of United Indonesia Cabinet as amended several times and the latest by Presidential Decree No. 171/M/2005;
• 10. Presidential Regulation No. 9/2005 concerning Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries of the Republic of Indonesia as amended several times and the latest by Presidential Regulation No. 20/2008;
• 11. Presidential Regulation No. 10/2005 concerning First-echelon Organizational Units and Tasks of State Ministries of the Republic of Indonesia as amended several times and the latest by Presidential Regulation No. 50/2008;
• 12. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 concerning General Provisions in Import;
• 13. Decree of the Minister of Industry and Trade No. 520/MPP/Kep/8/2003 concerning Prohibition on the Import of Waste of Hazardous and Toxic Materials (83);
• 14. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organization and Working Arrangement of the Ministry of Trade as amended several times and the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;
• 15. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007 concerning Importer's Identity Number (API);

HAS DECIDED:

To stipulate:

THE REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION ON THE IMPORT OF NON-HAZARDOUS AND TOXIC WASTE (NON 83)

Article 1

In this regulation:

• 1. Non-Hazardous and Toxic Waste hereinafter called Non B3 Waste is remains of a business and/or activity in the form of waste, scrap and parings excluding from classification/category of hazardous and toxic waste.
• 2. Waste is a product which has not been used up in production or goods that still share of the same characteristic but the function has changed from the original goods.
• 3. Scraps are goods consisting of components of the same kind or not, broken down from the original form and the function is not the same as the original goods.
• 4. Parings are goods in the form of cuts and still having the same characteristic as the original goods but the function is different from the original goods.
• 5. Hazardous and Toxic Waste hereinafter called B3 Waste is every kind of waste containing hazardous and/or toxic substances directly or indirectly potential to pollute the environment and/or endanger human health because of their characteristic and/or concentrate and/or quantity.
• 6. Producer Importer of Non B3 Waste hereinafter called IP of Non B3 Waste is a company undertaking industrial business activity, which is approved to import personally Non-B3 Waste which is solely needed for production of its industry and/or may not be transferred to other party.
• 7. Exporter of Non B3 Waste is a company in country where non-B3 waste is produced and/or shipped, which send non-B3 waste to Indonesia.
• 8. Surveyor is a survey company verifying and inquiring technically the import of non-B3 waste.
• 9. Recommendation is a letter issued by official of related agency/working unit authorized to submit technical recommendation as a basis in the issuance of recognition as IP of Non B3 Waste.
• 10. "Minister" refers to the Minister in charge of trading affairs.
• 11. Director General is the Director General of Foreign Trade of the Ministry of Trade.

Article 2

(1) Non B3 waste may only be imported in the form of waste, scraps or parings used for raw materials and/or auxiliary materials of industry.

(2) Non B3 waste which may be imported as intended in paragraph (1) shall be contained in Attachment, which constitutes an integral part of this regulation.

Article 3

(1) The non B3 waste as intended in Article 2 may only be imported by companies undertaking industrial business activities and already securing recognition as IP of Non B3 Waste from the Director General.

(2) The recognition as IP of Non B3 waste as intended in paragraph (1) shall contain at least the quantity and kind of non-B3 waste which may be imported by IP of Non-B3 Waste along with technical provision on the import thereof.

Article 4

(1) Every application for securing the recognition as IP of Non-B3 Waste as intended in Article 3 paragraph (1) shall be submitted in writing to the Director General by enclosing the following documents:

• a. copy of industrial business license/industrial registration identity from technical ministry/agency;
• b. copy of corporate registry number (TDP);
• c. copy of taxpayer code number (NPWP);
• d. Producer Importer Identity Number (API-P) or Limited Importer Identity Number (API-T);
• e. copy of customs identity number (NIK);
• f. recommendation from the Director General of Metal, Machine, Textile and Multifarious Industry or Director General of Agro and Chemical Industry, Ministry of Industry; and
• g. recommendation from Deputy for the Management of Hazardous and Toxic Materials and Hazardous and Toxic Waste, State Ministry for Environmental Affairs.

(2) The Director General shall issue recognition as IP of Non B3 Waste as intended in paragraph (1) in not later than 7 (seven) working days as from the date of receipt of application completely and truthfully.

Article 5

(1) Recognition as IP of Non B3 Waste issued based on the provision as intended in Article 4 paragraph (2) shall apply for one year and may be extended.

(2) The extension of recognition as IP of Non B3 Waste may be done before the expiration of IP of Non-B3 Waste as intended in paragraph (1) in case of the import of the approved Non B3 waste being already realized wholly.

(3) Application for the extension of recognition as IP of Non B3 Waste as intended in paragraph (1) shall be submitted in writing to the Director General by enclosing the following documents:

• a. recommendation from the Director General of Metal, Machine, Textile and Multifarious Industry or Director General of Agro and Chemical Industry, Ministry of Industry; and
• b. recommendation from Deputy for the Management of Hazardous and Toxic Materials and Hazardous and Toxic Waste, State Ministry for Environmental Affairs;
• c. original recognition as IP of Non B3 waste already expiring; and
• d. change in the documents as intended in Article 4 paragraph (1) a, b, c, d and e.

Article 6

(1) Every activity of the import of non-B3 waste by IP of Non B3 waste shall be accompanied Statement Letter from exporter of non-B3 waste, which certifies that:

• a. the exported waste is not B3 waste; and
• b. the export is ready to hold responsibility and accept again the exported non-B3 waste if the non-B3 waste is proven as B3 waste.

(2) In case of the imported non-B3 waste being partly or wholly proven as B3 waste as intended in paragraph (1) letter b, the said non-B3 waste shall be sent back by IP of Non-B3 waste in not later than 90 (ninety) days as from the arrival of the goods based on the effective customs documents.

Article 7

(1) IP of Non B3 Waste shall be obliged to convey a written report no matter whether the said IP imports Non-B3 waste or not every 3 (three) months on the 15th of the ensuing month.

(2) The report as intended in paragraph (1) shall be submitted through http://inatrade.depdag.go.id.

(3) Model of the report as intended in paragraph (1) shall be contained in Attachment II, which constitutes an integral part of this regulation.

Article 8

(1) Every kind of non-B3 waste imported by IP of Non-B3 waste shall be verified or inquired technically in the loading country before the shipment.

(2) The technical verification or inquiry as intended in paragraph (1) shall be done by surveyors already fulfilling the technical requirements and stipulated by the Minister.

(3) The technical requirements as intended in paragraph (2) shall be as follows:

• a. having a business license to conduct survey (SIUJS);
• b. having experience as surveyor for five years at the minimum;
• c. having branch or representative and/or affiliate abroad and having information network to support effectiveness of verification service; and
• d. having good track record in the field of management of import verification.

(4) The scope of the technical verification or inquiry as intended in paragraph (1) shall cover:

• a. identity (name and address) of importer and exporter truthfully and clearly;
• b. number and date of recognition as IP of Non B3 waste;
• c. quantity/volume or weight, kind and specification as well as tariff heading of the imported non-B3 waste;
• d. information about moment and exporting country/loading port of tile imported non-B3 waste;
• e. information about destination place or port where the imported Non-B3 waste is unloaded;
• f. explanation from exporter in the form of the Statement Letter as intended in Article 6 paragraph (1); and
• g. other information if necessary.

(5) In executing the technical verification or inquiry, the surveyors as intended in paragraph (2) may cooperate with surveyors abroad.

(6) Results of the technical verification or inquiry based on the scope as intended in paragraph (4) shall be written down in the form of Surveyor Report (LS) to be used as customs complementary document in the settlement of customs obligation in the import field.

(7) In case of non-B3 waste in the form of bulk going to be transferred to another ship at transit port, the said non-B3 waste shall be verified or inquired technically again when the waste is to be loaded into the ship.

(8) Surveyors shall collect service fee from importers with regards to the implementation of technical verification or inquiry as intended in paragraph (1) with the value stipulated by observing the benefit principle.

(9) The surveyors as intended in paragraph (2) shall be obliged to submit report on technical verification or inquiry in writing to the Director General every 15th of the ensuing month.

Article 9

Surveyors shall be responsible for the results of technical verification or inquiry as intended in Article 8 paragraph (6) in accordance with the effective provisions in the field of survey service business.

Article 10

(1) Recognition as IP of Non-B3 waste shall be frozen if the said IP does not execute the obligation to submit the report as intended in Article 7 paragraph (1).

(2) The freezing of recognition as IP of Non B3 waste as intended in paragraph (1) may be re-activated in one month as from the date when the said IP of Non-B3 waste has executed the obligation to submit the report.

(3) The freezing and re-activation of recognition as IP of Non-B3 waste as meat in paragraphs (1) and (2) shall be done by the Director General.

Article 11

(1) The recognition as IP of Non-B3 waste shall be revoked in case of the said IP of Non-B3 waste:

• a. changing, supplementing and/or replacing contents contained in the document of recognition as IP of Non-B3 waste;
• b. changing, supplementing and/or replacing contents contained in the statement of exporter;
• c. not executing the obligation to send back non-B3 waste as intended in Article 6 paragraph (2);
• d. selling or transferring the imported non-B3 waste to other party; and/or
• e. being declared guilty by the court for committing crime related to the misuse of recognition as IP of Non-B3 waste.

(2) The revocation of recognition as IP of Non-B3 waste as intended in paragraph (1) shall be stipulated by the Director General.

(3) Owners of IP of Non-B3 waste subject to the sanction of revocation as intended in paragraph (2) may only submit application for regaining recognition as IP of Non-B3 waste after one year as from the date of revocation of recognition as IP Of Non-B3 waste.

Article 12

(1) Surveyors violating the provision as intended in Article 8 paragraph (9) shall be subject to administrative sanction in the form of revocation of the appointment as surveyors.

(2) The revocation of appointment as intended in paragraph (1) shall be preceded by written warning 3 (three) times at a time interval of 10 (ten) days each.

Article 13

Importers importing non-B3 waste not suitable to the provisions in this regulation shall be subject to sanction in accordance with the provision of legislation.

Article 14

(1) In executing this regulation, the Minister shall coordinate related technical ministers to set up task force handling the import of non-B3 waste.

(2) The Director General may establish a supervisory team in the framework of evaluating and monitoring the import of non-B3 waste by IP of Non-B3 waste.

Article 15

Further provision on this regulation may be regulated by the Director General.

Article 16

With the enforcement of this regulation, Regulation of the Minister of Trade No. 58/M-DAG/PER/12/2009 concerning Provision on the Import of Non-Hazardous and Toxic Waste as already amended by Regulation of the Minister of Trade No. 26/M-DAG/PER/6/2009 shall be revoked and declared null and void.

Article 17

Recognition as IP of Non-B3 Waste already issued based on:

• a. Decree of the Ministry of Industry and Trade No. 230/MPP/Kep/7/1997 concerning Goods Subject to Import Control and Decree of the Minister of Industry and Trade No. 231/MPP/Kep/7/1997 concerning Procedures for Importing Waste;
• b. Regulation of the Minister of Trade No. 41/M-DAG/PER/10/2008 concerning Provision on the Import of Non-Hazardous and Toxic Waste; and
• c. Regulation of the Minister of Trade No. 58/M-DAG/PER/12/2009 concerning Provision on the Import of Non-Hazardous and Toxic Waste as amended by Regulation of the Minister of Trade No. 26/M-DAG/PER/6/2009,

shall be declared to remain effective until the validity period of the said IP of Non-B3 waste expires.

Article 18

(1) In case of the import of non-B3 waste as contained in serial number 1 up to serial number 5 in Attachment I to this regulation, Surveyor Report (LS) issued by PT. Surveyor Indonesia (PT. SI) and PT. Superintending Company of Indonesia (PT. SUCOFINDO) or other surveyors complying with the technical requirements shall be effective up to December 31, 2009.

(2) In case of the import of non-B3 waste as contained in serial number 6 up to serial number 63 in Attachment I to this regulation, surveyor report (LS) issued by surveyors appointed by IP of Non-B3 waste shall apply up to December 31, 2009.

(3) The surveyor report (LS) as intended in paragraphs (1) and (2) shall be proven by customs document in the form of manifest (BC.1.1).

(4) The surveyor report (LS) as intended in Article 8 paragraph (6) shall start to apply on January 1, 2010.

Article 19

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

For public cognizance, the regulation shall be promulgated by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on September 2, 2009
THE MINISTER OF TRADE
signed
MARI ELKA PANGESTU