JOINT REGULATION
MINISTER OF TRADE AND MINISTER OF MARITIME AND FISHERIES OF THE REPUBLIC OF INDONESIA
No. 54/M-DAG/PER/12/2008
No. PB.02/MEN/2008

CONCERNING
TEMPORARY BAN ON THE IMPORT OF CERTAIN SPECIES OF SHRIMPS TO THE TERRITORY OF THE REPUBLIC OF INDONESIA

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
THE MINISTER OF MARITIME AND FISHERIES OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that the shrimps being attacked by viruses in international market have still been circulating until today, while Indonesia is still attempting to have control over the spreading of the viruses within the country, so that in the framework of attempt to prevent the entry of the said shrimps to the territory of the Republic of Indonesia, it is necessary to temporarily ban the import of certain species of shrimps to the territory of the Republic of Indonesia;
• b. that in the framework of activities to control the spreading of the viruses as intended in a, there are several viruses which are still viable in spite of further treatment process such as freezing process;
• c. that based on the consideration as intended in a and b, it is necessary to stipulate a Joint Regulation of the Minister of Trade and the Minister of Maritime and Fisheries;

In view of:

• 1. Trade Law 1934 (Statute Book No. 86/1938);
• 2. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
• 3. 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);
• 4. Law No. 31/2004 concerning Fisheries (Statute Book No. 118/2004, Supplement to Statute Book No. 4433);
• 5. Government Regulation No. 15/2002 concerning Fish Quarantine (Statute Book No. 36/2002, Supplement to Statute Book No. 4179);
• 6. Government Regulation No. 54/2002 concerning Fishery Business (Statute Book No. 100/2002, Supplement to Statute Book No. 4230);
• 7. Presidential Regulation No. 9/2005 concerning the Position, Tasks, Functions, Organizational Structure, and Work Procedure of the State Ministries of the Republic of Indonesia as amended several times the latest with Presidential Regulation No. 20/2008;
• 8. Presidential Regulation No. 10/2005 concerning Organization Unit and Tasks of Echelon I of the State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 50/2008;
• 9. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister in Foreign Trade Affair;
• 10. Presidential Decree No. 187/P/2004 as amended several times, the latest by Presidential Decree No. 58/M/2007;
• 11. 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 by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
• 12. Regulation of the Minister of Maritime and Fisheries No. PER.07/MEN/2005 concerning the Organization and Work Mechanism of the Ministry of Maritime and Fisheries as amended by Regulation of the Minister of Maritime and Fisheries No. PER.08/MEN/2008;
• 13. Decree of the Minister of Marine Affairs and Fisheries No. KEP.24/MEN/2002 concerning Drafting Procedures and Techniques of Laws and Regulations in the Minister of Maritime and Fisheries Environment;
• 14. Decree of the Minister of Finance No. 545/KMK.01/2003 concerning Stipulation of Import Goods Classification System;

HAS DECIDED:

To stipulate:

JOINT REGULATI0N OF THE MINISTER OF TRADE AND THE MINISTER OF MARITIME AND FISHERIES CONCERNING TEMPORARY BAN ON THE IMPORT OF SHRIMPS OF CERTAIN SPECIES INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA.

Article 1

In this Joint Regulation:

• 1. Shrimp is boneless, water, hard-skinned, ten-footed, and short-tailed animal with two pincers on its front feet (crustaceae).
• 2. Head-on shrimp is complete shrimp whose head and skin are not removed.
• 3. Headless shrimp is shrimp whose head is removed.

Article 2

(1) Shrimps of species as intended in Attachment to this Joint Regulation are banned from being imported into the territory of the Republic of Indonesia.

(2) Other shrimps species than as intended in paragraph (1), only can be imported in head on shrimps condition.

Article 3

(1) The shrimps of certain species as intended in Article 2 paragraph (1) which arrive at Indonesian ports on or after the stipulation date of this Joint Regulation shall be re-exported to the origin country or destroyed according to legislations.

(2) The re-export or destroyed of shrimps of certain species as intended in Article 2 paragraph (1) shall become the responsibility of and/or be borne by the importer.

Article 4

Shrimps species as intended in Article 2 paragraph (2) can only be imported to the territory of the Republic of Indonesia through:

• a. Seaports: Belawan in Medan, Tanjung Priok in Jakarta, Tanjung Emas in Semarang, Tanjung Perak in Surabaya, Soekarno Hatta in Makassar; and/or
• b. Airports: Polonia in Medan, Soekarno Hatta in Jakarta, Juanda in Surabaya, Sultan Hasanuddin in Makasar.

Article 5

Any violator of this Joint Regulation shall be liable to sanctions according to the legislations.

Article 6

Importation of the species of shrimps not included in the Attachment of this Joint Regulation and in headless form which are in the process of shipping from the exporting country to the territory of the Republic of Indonesia shall remain to be permitted within the period no later than 1 (one) month as of the stipulation of this Joint Regulation.

Article 7

This Joint Regulation shall be valid for 6 (six) months starting from the date of stipulation and can be extended for another 6 (six) months.

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

Stipulated in Jakarta
on December 24, 2008
MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU
MINISTER OF MARITIME AND FISHERIES,
signed,
FREDDY NUMBERI