REGULATION OF THE MINISTER OF TRADE
No. 57/M-DAG/PER/10/2009
CONCERNING
THE SECOND AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 10/M-DAG/PER/3/2009 CONCERNING THE EXPORT OF GOODS REQUIRED TO USE LETTERS OF CREDIT
BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering:
- a. that to ensure the smooth receipt of foreign exchange earnings, it is needed synchronized regulation on the flow of natural resources based export goods and the receipt of export proceeds, so need readjustment to provisions on the export of goods required to use Letters of Credit;
- b. that based on the consideration in a, it is necessary to stipulate a Regulation of the Minister of Trade.
In view of:
- 1. Trade Ordinance 1934 (Statute Book No. 86/1938);
- 2. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
- 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. 10/2004 concerning the Enactment of Law (Statute Book No. 53/2004, Supplement to Statute Book No. 4389);
- 5. Government Regulation No. 1/1982 concerning the Realization of Exports, Imports and Foreign Exchange Traffic (Statute Book No. 1/1982, Supplement to Statute Book No. 3210) as amended by Government Regulation No. 24/1985 (Statute Book No. 33/1985, Supplement to Statute Book No. 3291);
- 6. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Field of Foreign Trade;
- 7. Presidential Decree No. 84/P/2009 concerning the Formation of the Second United Indonesia Cabinet;
- 8. Presidential Regulation No. 9/2005 concerning the Position, Task, Function, Authority, Organizational Structure of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
- 9. Presidential Regulation No. 10/2005 concerning the Organizational Unit and Task of First Echelon Officials of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 21/2008;
- 10. Decision of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in the Export as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
- 11. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organizational Structure 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 Finance No. 145/PMK.04/2007 concerning Customs Provisions in Export;
- 13. Regulation of the Minister of Trade No. 10/M-DAG/PER/3/2009 concerning the Export of Goods Required to Have Letters of Credit as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/8/2009;
Observing:
The results of a Limited Coordination Meeting at the Office of the Coordinating Minister for Economic Affairs on October 28, 2009;
HS DECIDED:
To stipulate:
REGULATION OFTHE MINISTER OF TRADE CONCERNING THE SECOND AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NO. 10/M-DAG/PER/3/2009 CONCERNING THE EXPORT OF GOODS REQUIRED TO USE LETTERS OF CREDIT.
Article I
Several provisions in Regulation of the Minister of Trade No. 10/M-DAG/PER/3/2009 concerning the Export of Goods Required to Use Letters of Credit as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/8/2009 shall be amended as follows:
1. Provisions in Article 5 shall be amended so that it reads as follows:
"Article 5
(1) Exporters who export goods as intended in Article 1 shall submit a report on the realization of exports and a report on the receipt of export proceeds every month in a complete and correct manner to the Minister of Trade in this case the Director General of Foreign Trade.
(2) The report of the realization of exports as intended in paragraph (1) shall contain exports that have been or have not been realized.
(3) The report on the receipt of export proceeds as intended in paragraph (1) shall contain the receipt of export proceeds that has been or has not been realized.
(4) The report on the realization of exports as intended in paragraph (1) is laid down in Attachment II to this Ministerial Regulation, containing at least:
- a. identity of company;
- b. date and number of PEB;
- c. export volume;
- d. Free On Board (FOB) value;
- e. way of payment; and
- f. account number as well as name and address of the Domestic Foreign Exchange Bank receiving export proceeds.
(5) The report on the receipt of export proceeds referred to in paragraph (1) is found in Attachment III to this Ministerial Regulation, containing at least:
- a. identity of company;
- b. date and number of PEB;
- c. value of export proceeds received; and
- d. number of evidence of the receipt of export proceeds.
(6) The report on the realization of exports and the report on the receipt of export proceeds as intended in paragraph (1) shall be submitted no later than the 10th of the ensuing month through http://inatrade.depdag.go.id or by e-mail to dir1-daglu@depdag.go.id, for the commodities of CPO, Coffee, Cacao and Rubber; and to dir2-daglu@depdag.go.id, for Mining Products."
2. Provisions in Article 7 shall be amended so that the article reads as follows:
"Article 7
(1) The obligation to use L/C payment way through a Domestic Foreign Exchange Bank for the export of goods as intended in Article 1 paragraph (1) and to put the number and date of L/C on the PEB as intended in Article 3 paragraph (1) shall begin to take effect on July 1, 2010.
(2) The export of goods as intended in paragraph (1) may use L/C payment way or other payment ways acceptable to the international trade from September 1, 2009 to June 30, 2010.
(3) The obligation to put L/C payment way and number and date of L/C or other payment way and number and date of payment document (if any) on the PEB as intended in Article 3 paragraph (2) shall begin to take effect on April 1, 2009."
3. Provisions in Article 8 shall be amended so that the article reads as follows:
"Article 8
Exporters violating provisions in Article 1 paragraph (1), Article 2, Article 3, Article 5, and Article 7 shall be liable to sanctions according to the legislations."
4. Provisions in Article 9 shall be omitted.
Article II
This Ministerial Regulation shall come into force as from the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on October 30, 2009
THE MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU