REGULATION OF THE MINISTER OF TRADE
No. 24/M-DAG/PER/6/2008
CONCERNING
PROVISIONS TO EXPORT BANANA AND PINEAPPLE TO JAPAN IN THE CONTEXT OF IJ-EPA
(INDONESIA JAPAN-ECONOMIC PARTNERSHIP AGREEMENT)
BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering:
- a. that with .the signing of Agreement between the Republic of Indonesia and Japan for an Economic Partnership), it is necessary to govern banana and pineapple export to Japan;
- b. that the governing as described in a is necessary in the context of maximizing the use of import duty preference facilities in Japan;
- c. that based on considerations as described in a and b, it is necessary to stipulate Regulation of the Minister of Trade;
In view of:
- 1. Trade Law 1934 (Statute Book No. 86/1938) that is amended and supplemented;
- 2. 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);
- 3. Law of the Republic of Indonesia 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) that is 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);
- 4. Presidential Decision No.260 of 1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
- 5 Presidential Decision No. 187/M/2004 concerning the Establishment of United Indonesia Cabinet that is amended several times and the latest by Presidential Decision No. 171/M/2005;
- 6 Presidential Regulation No. 9/2005 concerning Status, Tasks, Functions, Organizational Structures and Working Arrangements of State Ministries of the Republic of Indonesia that is amended several times and the latest by Presidential Regulation No. 94/2006;
- 7. Presidential Regulation No. 10/2005 concerning First Echelon Organizational Units and Tasks of State Ministries of the Republic of Indonesia that is amended several times and the latest by Presidential Regulation No. 17/2007;
- 8. Presidential Regulation No. 36/2008 concerning Ratification of Agreement between the Republik of Indonesia and Japan for an Economic Partnership;
- 9. Decision of the Minister of Trade No 225/Kp/X/1995, concerning Goods Export to Overseas beyond the General Provisions in Export that is amended several times and the latest by Decision of the Minister of Industry and Trade No. 317/MPP/Kep/9/1997;
- 10. Decision of the Minister of ndustry and Trade No.558/MPP/Kep/12/1998 concerning General Provision on Export that is amended several times and the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
HAS DECIDED:
To stipulate:
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS TO EXPORT BANANA AND PINEAPPLE TO JAPAN
Article 1
In this Ministerial Regulation:
- 1. "Fresh banana" refers to banana under tariff code/HS 0804.00.10.00.
- 2. "Fresh pineapple" refers to pineapple under tariff code/HS 0804.30.00.100.
- 3. "Agreement" refers to Agreement between the Republic ofIndonesia and Japan on Partnership on Economy as set forth in Presidential Regulation No. 35/2008 concerning Ratification o.f Agreement between the Republic of Indonesia and Japan for an Economic Partnership.
- 4. "National quota" refers to the volume of banana or pineapple exportable annually to Japan based on Agreement charged with 0% (zero percent) preference import duty tariff.
- 5. "Export quota" refers to the maximum limit of allocation of volume banana or pineapple granted for export.
- 6. "Quota Certificate" refers to certificate containing remarks on the exporter identity, tariff code, volume of exported banana or pineapple.
- 7. "Director General" refers to Director General of Foreign Trade of the Ministery of Trade of the Republic of Indonesia.
Article 2
(1) Banana and/or pineapple shall be exported by the exporter based on Export quota.
(2) The export quota as described in paragraph (1) shall be determined by the DirectorGeneral based on the National quota.
(3) In exporting the banana and/or pineapple, the exporter shall be obliged to have Quota Certificate.
Article 3
(1) National quota for banana and pineapple shall be determined as set forth in Attachment I to this Regulation of the Minister.
(2) The National quota as described in paragraph (1) each shall take effect on April 1 in the current year up to March 31 the following year.
Article 4
(1) The Export quota as described in Article 2 paragraph (1) shall be allocated to the banana and/or pineapple exporter in two (2) phases as follows:
- a. first phase shall be conducted in the period April 1 up to September 30 the current year;
- b. each phase shall be conducted in the period October 1 up to March 31 the following year.
(2) The National quota as described in Article 3 paragraph (2) for the first phase shall be allocated entirely to the exporter in the form of Export Quota.
(3) If the National quota allocated to the exporter as described in paragraph (2) fails to be realized according to the Export quota granted, the remaining National quota in the first phase may be allocated to the exporter as export allocation in phase two.
Article 5
(1) Export quota in the first phase as described in Article 4 paragraph (1) a may be allocated to the exporter by submitting written application to the Director General and attach copies of:
- a. Trade Business Licence (SIUP);
- b. Company Registration Identification Number (TDP);
- c. Tax payer Registration Identification Number (NPWP); and
- d. Contract of banana and/or pineapple to Japan.
(2) Export quota phase two as as described in Article 4 paragraph (1) b may be allocated to the exporter as described in paragraph (1) by re-submitting written application to the Director General and attach photocopy of the banana and/or pineapple export to Japan.
(3) Besides the exporter as described in paragraph (2) may submit application for Export quota based on the requirements as described in paragraph (1).
Article 6
(1) In every shipment or export of banana and/or pineapple, the exporter shall complete the Quota Certificate as requirement for to obtain preference facilities for delivery to Japan.
(2) The Quota Certificate as described in paragraph (1) may be granted to the exporter that has obtained Export Quota allocation.
(3) Quota Certificate shall be issued by the Director General or appointed official by the Director General.
(4) Quota Certificate may be obtained by the exporter for each shipment by submitting application letter to the Director General or appointed official by:
- a. attaching photocopy of Proforma Invoice for banana and/or pineapple export and show the original thereof; and
- b. fill in the Quota Certificate form as set forth in Attachment II to this Ministerial Regulation.
Article 7
(1) Exporter that has obtained Quota Certificate shall be obliged to report export realization within ten (10) working days as of the date of export.
(2) Report of the export realization of banana and/or pineapple as described in paragraph (1) shall be submitted to the Director General or appointed official.
Article 8
(1) Violation of Article 7 shall be charged penalty rejecting the application for Quota Certificate for the banana or pineapple for the next shipment.
(2) The penalty as described in paragraph (1) shall be charged by Director General or the appointed official.
Article 9
(1) Validity of Special National Quota for year 2008 take effect in the period July 1, 2008 up to March 31, 2009.
(2) Application of Export Quota allocation as described in paragraph (1) shall be at least 30 (thirty) working days after this Regulation of the Minister comes to force.
Article 10
For exporter that has been exporting banana and/or pineapple to Japan and to arrive in the period July 1 up to August 1, 2008 may submit application for Export Quota to the Director General.
Article 11
Further governing on the procedure for allocation of Export Quota shall be determined by the Director General.
Article 12
This Regulation of the Minister shall take effect as of July 1, 2008.
For public cognizance, this Regulation of the Minister shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on June 27, 2008
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU