REGULATION OF THE DIRECTOR GENERAL OF FOREIGN TRADE
No. 03/DAGLU/PER/4/2009

CONCERNING
GUIDANCE TO IMPLEMENT REGULATION OF THE MINISTER OF TRADE NO. 13/M-DAG/PER/3/2009 CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NO. 12/M-DAG/PER/4/2008 CONCERNING PROVISIONS ON THE IMPORT AND EXPORT OF RICE

DIRECTOR GENERAL OF FOREIGN TRADE,

Considering:

That to implement provisions on the export of rice as laid down in the Regulation of the Minister of Trade No. 13/M-DAG/PER/3/2009 concerning Amendment to Regulation of the Minister of Trade No. 12/M-DAG/PER/4/2008 concerning Provisions on the Import and Export of Rice, it is necessary to stipulate Regulation of the Director General of Foreign Trade;

In view of:

DECIDES:

To stipulate:

REGULATION OF THE DIRECTOR GENERAL OF FOREIGN TRADE CONCERNING GUIDANCE TO IMPLEMENT REGULATION OF THE MINISTER OF TRADE NO. 13/M-DAG/PER/3/2009 CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NO. 12/M-DAG/PER/4/2008 CONCERNING PROVISIONS ON THE IMPORT AND EXPORT OF RICE

Article 1

The rice that can be exported covers:

Article 2

The quality of rice based on broken level:

Article 3

(1) State-owned companies, regional government-owned companies or private companies can export the types of rice as intended in Article 1 letters a and b under the category of premium rice.

(2) Only Public Company BULOG can export the type of rice as intended in Article 1 letters a and b under the category of medium rice.

(3) Every company can export the type of rice as intended in Article 1 letter c.

Article 4

(1) The type of aromatic rice other than Thai Ham Mali under heading 1006.30.19.00 as intended in Article 1 b shall have aroma such as Pandan Wangi, Mentik and Sintanur, either organic or nonorganic rice belonging to the category of premium rice.

(2) The type of non-aromatic rice under heading 1006.30.90.00 as intended in Article 1 b does not have aroma, such as Ciherang, Siam, Rojo Lele, Cisadane, Merah, Hitam and Adan, either organic or non-organic rice belonging to the category of premium rice.

Article 5

(1) The volume of rice that can be exported in 2009 for the types of rice as intended in Article 1 a and b under the category of premium rice shall be set at 100,000 (one hundred thousand) tons by the Staple Food Stability Coordinating Team.

(2) The types of rice as intended in Article 1 a and b under the category of medium rice can be exported if the domestic stocks have met the national needs set by the Staple Food Stability Coordinating Team.

(3) The type of glutinous rice as intended in Article 1 c can be exported according to demand in the overseas market.

Article 6

(1) The allocation of rice exports as intended in Article 5 paragraph (1) for each company shall be set based on the results of a field inspection carried out by officers of the Agriculture Ministry and the Ministry of Trade.

(2) The allocation of rice exports as intended in Article 5 paragraph (2) for Public Company BULOG shall be set based on the results of a field inspection carried out by officers of the Office of the Coordinating Minister for Economic Affairs, the Agriculture Ministry and the Ministry of Trade.

(3) The results of a field inspection as intended in paragraph (1) and paragraph (1) shall be discussed by the relevant agency in this case the Rice Working Group set up by the Minister of Agriculture and used as inputs for the issuance of recommendations by:

Article 7

(1) Before being exported, the type of glutinous rice as intended in Article 5 paragraph (3), if required, can undergo prior field inspection by officers of the Ministry of Agriculture and the Ministry of Trade.

(2) The results of a field inspection as intended in paragraph (1) shall be used as inputs for the Minister of Agriculture or appointed official to issue recommendations.

Article 8

(1) The companies as intended in Article 3 paragraph (1) or paragraph (3) can export rice after securing a recommendation as intended in Article 6 paragraph (3) a or Article 7 paragraph (2) and an export approval from the Director General of Foreign Trade on behalf of the Minister of Trade.

(2) The companies as intended in Article 3 paragraph (2) can export rice after securing a recommendation as intended in Article 6 paragraph (3) b and an export approval from the Minister of Trade.

(3) The companies as intended in paragraph (2) and paragraph (3) can secure an export approval by filing a written application to the Minister of Trade through the Director Genera! of Foreign Trade, accompanied by:

(4) The application as intended in paragraph (3) shall contain:

Article 9

(1) The Minister of Trade or the Director General of Foreign Trade on behalf of the Minister of Trade shall issue a pre-shipment export approval to the application as intended in Article 8 paragraph (3) for rice under the categories of premium rice and glutinous rice.

(2) The Minister of Trade shall issue a pre-shipment export approval to the application as intended in Article 8 paragraph (3) for rice under the category of medium rice.

(3) The export approval as intended in paragraph (1) and paragraph (2) shall be issued no later than 5 (five) working days after the application has been received in a complete and correct manner.

(4) The export approval as intended in paragraph (1) and paragraph (2) shall be valid for 30 days after the date of issuance.

Article 10

(1) Exported rice shall be packed with each pack weighing a maximum of 50 (fifty) kg.

(2) The pack shall carry the following information:

Article 11

(1) Any rice export shall be subject to prior technical verification at the port of loading.

(2) The technical verification as intended in paragraph (1) shall be carried out by a surveyor appointed by the Minister.

(3) The surveyor can collect fees on the use of technical verification services as intended in paragraph (1) from exporters with the amount of fees set under the principles of benefit and propriety.

(4) The verification as intended in paragraph (1) shall apply to rice exports with regard to:

(5) The results of verification as intended in paragraph (4) conducted by a surveyor shall be put in a surveyor report used as a customs supplement required to submit an export customs notification.

Article 12

(1) The company that has secured an export approval for the type of rice as intended in Article 1 shall submit a periodic report on the realization of rice exports to the Minister of Trade, with copies addressed to the Coordinating Minister for Economic Affairs and the Minister of Agriculture.

(2) The report as intended in paragraph (1) shall be submitted every month, no later than the 15th of the ensuing month.

Article 13

This Regulation of the Director General shall come into force as from the date of stipulation.

Stipulated in Jakarta
on April 6, 2009
THE DIRECTOR GENERAL OF FOREIGN TRADE
signed,
DIAH MAULIDA