REGULATION OF THE MINISTER OF TRADE
No. 16/M-DAG/PER/5/2009

CONCERNING
TEMPORARY BAN ON THE IMPORT OF SWINE AND BY PRODUCTS

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

Considering:

a. that in connection with pork flu outbreak in a number of countries of countries which according to a World Health Organization (WHO) report can fearfully spread to other counties, so, to protect the public health ant national bio resources and to prevent the entry and widespread of swine influenza, it is necessary to impose a temporary ban for the import of swine and by products to Indonesian territory;
b. that based on consideration as intended in a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

1. Trade Law 1934 (Statute Book of No. 86/1983);
2. Law No. 6/1967 concerning Main Provisions on Husbandry and Animal Health (Statute Book No. 10/1967, Supplement to Stature Book No. 2824);
3. Law No. 4/1984 concerning Infection Disease Outbreak (Statute Book No. 20/1984, Supplement to Statute Book No. 3273);
4. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
5. Law No. 23/1992 concerning Health (Statute Book No. 100/1992, Supplement to Statute Book No. 3495);
6. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
7., Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute book No. 93/2006, Supplement to Statute Book No. 4661);
8. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No. 3656);
9. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
10.Government Regulation No. 22/1983 concerning Veterinary Health (Statute Book No. 28/1983, Supplement to Statute Book No. 3253);
11.Government Regulation No. 58/2001 concerning the Fostering and Supervision over Consumer Protection (Statute Book No. 103/2001, Supplement to Statute Book No. 4126);
12. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
13. Presidential Decree No. 187/M/2004 concerning Formation of United Indonesia Cabinet as amended several times, the latest by Presidential Decree No. 171/M/2005;
14. Presidential Regulation No. 9/2005 concerning the Position, Task, Function, Organization Structure and Work Mechanism of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
15. Presidential Regulation No. 10/2005 concerning First-Echelon Organization Units and Tasks of State Ministries as amended several times and the latest by Presidential Regulation No. 21/2008;
16. Regulation of the Minister of Industry and Trade of the Republic of Indonesia No. 229/MPP/Kep/7/1997 concerning General Provisions in Import;
17. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organization and Work Mechanism 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;
18. Regulation of the Minister of Finance No. 161/PMK.04/2007 concerning Supervision over the Import or Export of Banned and/or Restricted goods;
19. Regulation of the Minister of Agriculture No. 20/PERMENTAN/OT.140/4/2009 concerning the Importation and Distribution Control of Carcass, Meat and/or Offal from Abroad;

Observing:

1. The result of Limited Coordination Meeting among the President and relevant Ministers on April 27, 2009 about anticipation of the spread of swine influenza virus;
2. Decree of the Minister of Agriculture No. 1977/Kpts/PD.620/4/2009 dated April 29, 2009 concerning Temporary Ban on the Entry of Swine and By Products from Swine Influenza Affected Countries into the Territory of the Unitary State of the Republic of Indonesia;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING TEMPORARY BAN ON THE IMPORT OF SWINE AND BY PRODUCTS

Article 1

Swine and by Products from Mexico, the United States, Canada, Israel, Spain, and New Zealand, as well as from other countries declared swine influenza-affected by the World Organization of Animal Health (WOAH/OIE) and/or the World Health Organization (WHO) are banned from being imported and entered into the territory of the Unitary State of the Republic of Indonesia.

(2) Swine and by Products as intended in paragraph (1) are contained in the attachment which is an integral part of this Ministerial Regulation.

(3) The list of other swine influenza-affected countries as intended in paragraph (1) shall be sent by the Minister of Trade to the Minister of Finance according to the legislations in the customs after coordinating with the relevant technical ministers.

Article 2

(1) Swine and by Products as intended in Article 1 paragraph (2) that arrived at Indonesian ports before this Ministerial Regulation is stipulated can be imported on condition that the date of arrival is evidenced with BC 1.1 customs documents, accompanied by the result of audit by the Agriculture Quarantine Board and/or an import permit from other relevant agency according to the legislations.

(2) Swine and by Products as intended in Article 1 paragraph (2) that arrived at Indonesian ports when or after this Ministerial Regulation is stipulated shall be re-exported or destroyed.

(3) The re-export or destruction of swine and by-products as intended in paragraph (2) shall become the responsibility of and be borne by the relevant importers.

Article 3

Violators of this Ministerial Regulation shall be subject to sanction according to the legislations.

Article 4

This Ministerial Regulation shall be revoked if:

a. The World Organization of Animal Health (WOAH/OIE) and/or the World Health Organization (WHO) officially declare the case of swine influenza disease ends; or
b. The result of coordination with relevant technical agencies states that the temporary ban on the import of swine and/or their by Products ends partly or wholly.

Article 5

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

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

Stipulated in Jakarta
on May 1, 2009
MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU

REGULATION OF THE MINISTER OF TRADE No. 16/M-DAG/PER/5/2009

CONCERNING TEMPORARY BAN ON THE IMPORT OF SWINE AND BY PRODUCTS

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