REGULATION OF THE MINISTER OF TRADE
No. 58/M-DAG/PER/12/2008

CONCERNING
IMPORT PROVISIONS ON NON POISONOUS AND DANGEROUS WASTES (NON B3)

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

Considering:

• a. that certain industry in the domestic country is still using non poisonous and dangerous wastes (non B3) as raw materials and/or auxiliary materials for the need of its production process;
• b. that the availability of non poisonous and dangerous wastes (non B3) as raw materials and/or auxiliary materials needed for a certain industrial production process requirement may not be fully obtained from domestic sources, so that it is necessary to make additional procurement from foreign sources;
• c. that the procurement of the non poisonous and dangerous wastes (non B3) as raw materials and/or auxiliary materials from foreign sources must remain ob-serving life environmental protection effort in the domestic country, so that its importation needs to be carried out under control and limitedly;
• d. That within the framework to secure the availability of the raw material for certain industry in the domestic country without reducing effective supervision of the non poisonous and dangerous wastes import, it is necessary to re-arrange the provisions on the import of the non poisonous and dangerous wastes;
• e. That based on the consideration as intended in a, b, c, and d, it is necessary to stipulate the Regulation of the Minister of Trade;

In view of:

• 1. Trade Law 1934 (Statute Book No. 86/1938);
• 2. Law No. 5/1984 concerning Industry (Statute Book No. 22/1984, Supplement to Statute Book of No. 3274);
• 3. Law No. 7/1994 concerning Ratification of Agreement on Establishing The World Trade Organization (Statute Book 57 of 1994, Supplement to Statute Book No. 3564);
• 4. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by the Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
• 5. Law No. 23/1997 concerning Life Environment Management (Statute Book No. 68/1997, Supplement to Statute Book No. 3699);
• 6. Government Regulation No. 18/1999 concerning Poisonous and Dangerous Wastes Management (Statute Book No. 31/1999, Supplement to Statute Book No. 3815) as amended by Government Regulation No. 85/1999 (Statute Book No. 190/1999, Supplement to Statute Book No. 3910);
• 7. Presidential Decree No. 260/1967 concerning Confirmation on Tasks and Responsibility of the Minister of Trade in the Field of Foreign Trade;
• 8. Presidential Decree No. 61/1993 concerning Ratification of Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Statute Book No. 62/1993);
• 9. Presidential Decree No. 187/M/2004 concerning the Formation of the United Indonesia Cabinet as amended several times, the latest by Presidential Decree No. 171/M/2005;
• 10. Presidential Regulation No. 9/2005 concerning Position, Tasks, Function, Organization Structure, and Working Procedures of the State Ministry of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
• 11. Presidential Regulation No. 10/2005 concerning Organization Unit and Tasks of First Echelon of the State Ministry of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 21/2008;
• 12, Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 concerning General Provision in Import;
• 13. Decree of the Minister of Industry and Trade No. S20/MPP/Kep/8/2003 concerning Import Restriction of Poisonous and Dangerous Wastes (B3);
• 14. Regulation of the Minister of Trade of the Republic of Indonesia No. 01/M-DAG/PER/3/200S concerning Organization and Working Procedures of the Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007 ;
• 15. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007concerning Importer's Identification Number (API);

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA CONCERNING IMPORT PROVISIONS OF NON POISONOUS AND DANGEROUS WASTES (NON B3)

Article 1

In this Ministerial Regulation :

• 1. Non Poisonous and Dangerous Wastes, hereinafter called as Non B3 Wastes are remaining of a business and/or activities in the form of remains, scraps, or remnants which are not included in the classification and/or category of poisonous and dangerous wastes.
• 2. Leftovers are products which have not been used up in production process or goods which still have the same characteristics but its function has changed from its original.
• 3. Scraps are goods that consist of similar components or not, separated from its original form and its function is not the same as its original.
• 4. Remnants are goods in the form of being cut to pieces and is still the same as its original but its function is not the same as its original goods,
• 5. Poisonous and Dangerous Wastes, hereinafter called as B3 Wastes are every waste which contains poisonous and dangerous materials which due to its nature and/or concentrate and/or amount, both directly and indirectly may damage and/or pollute life environment and/or may endanger human health.
• 6. Non B3 Waste Producing Importer hereinafter abbreviated as Non B3 Waste IP is the company which is engaged in industrial business activities approved to import itself Non B3 Wastes required solely for production process of its industry and is not allowed to be traded and/or transferred to another party.
• 7. Non B3 Wastes Exporter is the company in the country where the Non B3 wastes are produced and/or shipped who delivers the Non 83 Wastes to Indonesia.
• 8. Surveyor is a survey company which carries out verification or technical tracing of Non B3 Wastes import,
• 9. Recommendation is a letter issued by the agency's official or related working unit who arc authorized to give technical consideration as basis to issue Identification as Non B3 Wastes IP,
• 10, The Minister is the Minister of Trade.
• 11. Director General is the Director General for Foreign Trade of the Ministry of Trade.

Article 2

(1) Non B3 Wastes which may be imported are only in the form of Leftovers, Scraps or Remnants which are used for raw materials and/or auxiliary materials of industry.

(2) Non B3 Wastes which may be imported as intended in the paragraph (1) is specified in Attachment I which constitutes as integral part of this Ministerial Regulation.

Article 3

(1) Non B3 Wastes as intended in the Article 2 may only be imported by the company which is engaged in industrial business activities and has obtained Identification as Non B3 Wastes IP from the Director General.

(2) Identification as Non B3 Wastes IP as intended in the paragraph (1) at least contains number and type of Non B3 Wastes IP which may be imported by Non B3 Wastes IP together with technical conditions of its importation implementation.

Article 4

(1) Request to get Recognition as Non B3 Wastes IP as intended in the Article 3 paragraph (1) must be submitted in writing to the Director General with the attachment of the following documents:

• a. Photocopies of Industrial Business License/Industrial Registration Certificate from technical ministry/agency;
• b. Photocopies of Company Registration Certificate (TDP);
• c. Photocopies of Taxpayer Registration Number (NPWP);
• d. Producer Importer's Identification Number (API-P) or Limited Importer's Identification Number (API-T) that is Not Limited - General Importer Identification Number (APIT-U);
• e. Customs Affairs Identity Number (NIK);
• f. Recommendation from the Director General of Metal, Machine, Textile and Multifarious Industry (ILMTA) or Director General for Agro and Chemical Industry (IAK), Ministry of Industry; and
• g. Recommendation from Deputy State Minister for Life Environment in the Field of Poisonous and Dangerous Materials and Poisonous and Dangerous Wastes, State Ministry of Life Environment, especially for the type of Non B3 Wastes number 1until 5 at the Attachment I of this Ministerial Regulation.

(2) The Director General issues Recognition as Non B3 Wastes IP as intended in the paragraph (1) not later than 5 (five) working days effective from the request is received completely and correctly.

Article 5

(1) Recognition as Non B3 Wastes IP issued based on condition as intended in the Article 4 paragraph (2) shall be valid for one (1) year and may be extended.

(2) The extension for the Recognition as Non B3 Wastes IP may be carried out prior to the termination of the validity period of the Non B3 Wastes IP as intended in the paragraph (1) in case the Non B3 Wastes approved for import has been entirely realized.

(3) Request for the extension of Recognition as Non B3 Wastes IP as intended in the paragraph (1) is submitted in writing to the Director General with the attachment of the following documents:

• a. Recommendation from the Director General of Metal, Machine, Textile and Multifarious Industry (ILMTA) or Director General of Agro and Chemical Industry (IAK), Ministry of Industry;
• b. Recommendation from Deputy State Minister of Life Environment in the Field of Poisonous and Dangerous Materials and Poisonous and Dangerous Wastes Management, State Ministry of Life Environment, especially for the type of Non B3 Wastes number from 1 until 5 at Attachment I of this Ministerial Regulation
• c. Original of Recognition as Non B3 Wastes IP which has expired of its validity period; and
• d. Amendment to the documents as intended in the Article 4 paragraph (1) a, b, c, d and e.

(4) Recommendation as intended in the paragraph (3) a and b is required if the type and/or volume of the wastes to be imported exceeds that of the previous year.

Article 6

(1) The implementation of the Non B3 Wastes import by Non B3 Waste IP shall be required to be provided with Statement from the Exporter of Non B3 Wastes that states :

• a. The wastes to be exported shall not constitute B3 Wastes; and
• b. Ready to accept Non B3 Wastes which has been exported if the Non B3 Wastes IP is proved as B3 Wastes.

(2) In case the Non B3 Wastes imported is evidently as B3 Wastes as intended in the paragraph (1) b, the Non B3 Wastes shall be required to be re-sent not later than ninety (90) days effective from the arrival of the goods based on the prevailing customs documents.

(3) Re-send of the Non B3 Wastes as intended in paragraph (2) shall become responsibility of the Surveyor.

Article 7

(1) Non B3 Wastes IP shall submit a written report either to import or not to import the Non B3 Wastes every quarterly.

(2) The report as intended in the paragraph (1) is submitted to the Director General in this case Import Director of Ministry of Trade.

(3) The form of the report as intended in the paragraph (1) is stated in the Attachment II which constitutes as integral part of this Ministerial Regulation.

Article 8

(1) Any importation of the Non B3 Wastes by the Non B3 Wastes IP shall be verified or technically traced in the loading country prior to shipment.

(2) The verification or technical tracing as intended in the paragraph (1) is carried out by the Surveyor which has fulfilled technical requirements, and is stipulated by the Minister.

(3) The scope of the implementation of the verification or technical tracing as intended in the paragraph (1) shall comprise the following matters:

• a. clear and correct identity (name and address) of importer and exporter;
• b. number and date of the Recognition as Non B3 Wastes IP;
• c. quantity/volume or weight, kind, specification, and tariff post number/HS of the imported Non B3 Wastes;
• d. Information of time and exporting country/loading port of the imported Non B3 Wastes;
• e. Information of place or unloading destination port of the imported Non B3 Wastes;
• f. Information of the imported Non B3 Wastes is not evidenced as B3 Wastes; and
• g. Other required information..

(4) The verification or technical tracing as intended in the paragraph (1) is especially for the type of Non B3 Wastes number 6 until 63 of Attachment I of this Ministerial Regulation and is carried out by PT. Surveyor Indonesia (PT. SI) and PT. Superintending Company of Indonesia (PT. SUCOFINDO) or other surveyors which fulfil technical requirements and implement verification or technical tracing in accordance with the scope as intended in the paragraph (3).

(5) The verification or technical tracing as intended in the paragraph (1) for the import of Non B Wastes as intended in number 6 until 63 of Attachment I of this Ministerial Regulation may be carried out by a surveyor appointed by a Non B3 Wastes IP concerned for a period of not more than 6 (six) months effective from this Ministerial Regulation is stipulated, and to carry out verification or technical tracing in accordance with the scope as intended in paragraph (3) since February 1, 2009.

(6) The verification or technical tracing results based on the scope as intended in the paragraph (3) are stated in the form of a Surveyor Report (LS) to be used as customs supplementary documents to process customs clearance in import

(7) The surveyor shall be responsible to the results of the verification of technical tracing as intended in the paragraph (6).

(8) In case the Non B3 Wastes imported is evidenced as B3 Wastes as intended in the Article 6 paragraph (1) b that is verified or technically traced by the Surveyor as intended in the paragraph (5), the re-shipment of the Wastes shall become responsibility of the Non B3 Wastes IP.

(9) After the termination of the period of 6 (six) months as intended in paragraph (5), the implementation of the verification or technical tracing for the import of Non B3 Wastes as intended in number 6 until 63 of Attachment I of this Ministerial Regulation is carried out by the Surveyor stipulated by the Minister as intended in the paragraph (2).

(10) In case the Non B3 Wastes in the form of bulk will be transhipped in a transit port, it shall be verified or technically re-traced at the time the Non B3 Wastes will be re-loaded to the ship:

(11) The Surveyor shall collect fees from importer for the implementation of the verification or technical tracing as intended in the paragraph (1) and paragraph (10) which the value is provided by observing the principles of benefit.

(12) The Surveyor as intended in the paragraph (2) shall be required to submit a report on verification or technical tracing activities in writing every month to the Director General.

Article 9

(1) Recognition as Non B3 Wastes IP shall be frozen if the Non B3 Wastes IP concerned fails to fulfil its obligation to submit the report as intended in the Article 7 paragraph (1).

(2) The freezing of the Recognition as Non B3 Wastes IP as intended in the paragraph (1) may be re-activated within a period of 1 (one) month effective from the Non B3 Wastes IP concerned has implemented its obligation to submit the report.

(3) The freezing and re-activation of the Recognition as the Non B3 Wastes IP as intended in the paragraph (1) and paragraph (2) are carried out by the Director General.

Article 10

(1) The recognition of the Non B3 Wastes IP shall be revoked if the Non B3 Wastes IP concerned:

• a. add and/or change the contents specified in the documents of Recognition as Non B3 Wastes IP;
• b. add and/or change the contents specified in the Statement Letter from the exporter;
• c. sell, or transfer the imported Non B3 Wastes to other parties; and/or
• d. stated to be guilty by the court of law with respect to a criminal act related to abuse of the Recognition as Non B3 Wastes IP.

(2) The revocation of the Recognition as the Non B3 Wastes IP as intended in paragraph (1) is stipulated by the Director General.

(3) The owner of the Non B3 Wastes IP who is liable to sanction of revocation as intended in the paragraph (2) may only submit its request to obtain again the Recognition as the Non B3 Wastes IP after 1 (one) year effective from the revocation of the Recognition as Non B3 Wastes IP is stipulated.

Article 11

(1) Any violation by the Surveyor with respect to the conditions in the Article 8 paragraph (12) shall be liable to an administrative sanction in the form of revocation of the appointment as Surveyor.

(2) The revocation of the appointment as intended in the paragraph (1) is preceded by a written warning 3 (three) times within interval 10 (ten) days respectively.

Article 12

Further provisions of this Ministerial Regulation shall be provided by the Director General.

Article 13

Recognition as Non B3 Wastes IP which is issued is based on:

• a. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 concerning Goods Are Regulated in Import Procedures and Decree of the Minister of Industry and Trade No. 231/MPP/Kep/7/1997 concerning Procedures of Imported Waste; and
• b. Regulation of the Minister of Trade No. 41/M-DAG/PER/10/2008 concerning Import Provisions of Non Poisonous and Dangerous Wastes (Non B3);

are stated to remain valid until the termination of the validation period of the Non B3 Wastes IP.

Article 14

(1) Within the framework of supervision on the implementation of this Ministerial Regulation, the Director General may form a supervisory task unit consisting of the related technical agency.

(2) The supervisory task unit as intended in the paragraph (1) is in charge of evaluating and monitoring and giving recommendation to the Minister through the Director General as a reference of consideration to stipulate a policy.

Article 15

At the time when this Regulation of the Minister takes effect, the Regulation of the Minister of Trade No. 41/M-DAG/PER/10/2008 on Import Regulation of Non Poisonous and Dangerous Wastes (Non 63) is revoked and stated void

Article 16

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 December 24, 2008
THE MINISTER OFTRADE OF THE REPU6UC OF INDONESIA
signed,
MARI ELKA PANGESTU