REGULATION OF THE MINISTER OF FINANCE
No. 67/PMK.011/2010

CONCERNING
STIPULATION OF EXPORTED GOODS SUBJECT TO EXPORT LEVY AND RATE OF EXPORT LEVY

THE MINISTER OF FINANCE,

Considering:

a. That based on Regulation of the Minister of Finance No. 223/PMK.011/2008 concerning Stipulation of Exported Goods Subject to Export Levy and Rate of Export Levy as amended by Regulation of the Minister of Finance No. 199/PMK.011/2009, the imposition of Export Levy on exported goods and rate of Export Levy have been governed;

b. That based on Letter of the Minister of Industry No. 05/M-IND/1/2010 dated January 4, 2010 and in the framework of guaranteeing the availability of raw materials and enhancing added value and competitiveness of domestic cacao processing industry, it is necessary to regulate the imposition of Export Levy on exported goods in the form of cocoa;

c. That based on the recommendation of the Minister of Industry as intended in b, it is necessary to re-stipulate substances governed in Regulation of the Minister of Finance No. 223/PMK.011/2008 concerning Stipulation of Exported Goods Subject to Export Levy and Rate of Export Levy as amended by Regulation of the Minister of Finance No. 199/PMK.011/2009, by supplementing provision on the imposition of export levy on exported cacao seed;

d. That based on the considerations as intended in a, b and c, and in the framework of implementing the provisions of Article 2 paragraph (3) and Article 3 paragraph (5) of Government Regulation No. 55/2008 concerning the Imposition of Export Levy on Exported Goods, it is necessary to stipulate a regulation of the Minister of Finance concerning Stipulation of Exported Goods Subject to Export Levy and Rate of Export Levy;

In view of:

1. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 concerning The Amendment to Law No. 10/1995 concerning Customs (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);

2. Government Regulation No. 55/2008 concerning the Imposition of Export Levy on Exported Goods (Statute Book No. 116/2008, Supplement to Statute Book No. 4886);

3. Presidential Decree No. 84/P/2009;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING STIPULATION OF EXPORTED GOODS SUBJECT TO EXPORT LEVY AND RATE OF EXPORT LEVY

Article 1

In this Regulation of the Minister of Finance:

1. Customs Law is Law No. 10/1995 concerning Customs as amended by Law No. 17/2006 concerning the Amendment to Law No. 10/1995 concerning Customs.

2. Export Levy is a state levy imposed on exported goods based on the Customs Law.

3. Customs Notification of Export is a statement made by persons in the framework of fulfilling customs liabilities in export, in the form and requirements stipulated in the Customs Law.

4. Export Check Price hereinafter abbreviated as HPE is check price stipulated periodically by the Minister in charge of trading affairs after coordinating with related ministers/heads of non-ministerial government institutions/head of technical agencies.

5. Export Price is a price used for calculating Export Levy.

6. Reference Price is the average international price of certain commodities for the stipulation of rate of Export Levy.

Article 2

Exported goods may be imposed Export Levy.

Article 3

(1) The exported goods subject to export levy as intended in Article 2 shall be rattan, leather, timber, palm oil, crude palm oil (CPO) and derivative products thereof, and cacao seed.

(2) Rate of export levy on the exported goods as intended in paragraph (1) shall be as stipulated in the attachments to this regulation, which constitutes an integral part of this regulation, with the detail as follows:

a. For rattan, leather and timber, the rate of the export levy is stipulated in Attachment I;
b. For palm oil, CPO and derivative product thereof, the rate of the export levy is stipulated in Attachment II;
c. For cacao seed, the Rate of Export Levy is stipulated in Attachment III.

Article 4

(1) Related to the stipulation of rate of export levy on exported goods in the form of palm oil, CPO and derivative product thereof as intended in Article 3 paragraph (2) b, the following provision shall apply:

a. In case of the reference price being up to US$700 (seven hundred US dollars) per ton, the rate of Export Levy is as stipulated in Column 1 in Attachment II to this regulation.
b. In case of the reference price exceeding US$700 (seven hundred US dollars) up to US$750 (seven hundred and fifty US dollar) per ton, the rate of Export Levy is as stipulated in Column 2 in Attachment II to this regulation.
c. In case of the reference price exceeding US$750 (seven hundred and fifty US dollars) up to US$800 (eight hundred US dollar) per ton, the rate of Export Levy is as stipulated in Column 3 in Attachment II to this regulation.
d. In case of the reference price exceeding US$800 (eight hundred US dollars) up to US$850 (eight hundred and fifty US dollar) per ton, the rate of Export Levy is as stipulated in Column 4 in Attachment II to this regulation.
e. In case of the reference price exceeding US$850 (eight hundred and fifty US dollars) up to US$900 (nine hundred US dollar) per ton, the rate of Export Levy is as stipulated in Column 5 in Attachment II to this regulation.
f. In case of the reference price exceeding US$900 (nine hundred US dollars) up to US$950 (nine hundred and fifty US dollar) per ton, the rate of Export Levy is as stipulated in Column 6 in Attachment II to this regulation.
g. In case of the reference price exceeding US$9S0 (nine hundred and fifty US dollars) up to US$1,000 (one thousand US dollar) per ton, the rate of Export Levy is as stipulated in Column 7 in Attachment II to this regulation.
h. In case of the reference price exceeding US$1,000 (one thousand US dollars) up to US$1,050 (one thousand and fifty US dollar) per ton the rate of Export Levy is as stipulated in Column 8 in Attachment II to this regulation.
i. In case of the reference price exceeding US$1,050 (one thousand and fifty US dollars) up to US$1,100 (one thousand and one hundred US dollar) per ton, the rate of Export Levy is as stipulated in Column 9 in Attachment II to this regulation.
j. In case of the reference price exceeding US$1,100 (one thousand and one hundred US dollars) up to US$1,150 (one thousand and one hundred fifty US dollar) per ton, the rate of Export Levy is as stipulated in Column 10 in Attachment II to this regulation.
k. In case of the reference price exceeding US$1,150 (one thousand and one hundred fifty US dollars) up to US$1,200 (one thousand and two hundred US dollar) per ton, the rate of Export Levy is as stipulated in Column 11 in Attachment II to this regulation.
I. In case of the reference price exceeding US$1,200 (one thousand and two hundred US dollars) up to US$1,250 (one thousand and two hundred fifty US dollar) per ton, the rate of Export Levy is as stipulated in Column 12 in Attachment II to this regulation.
m. In case of the reference price exceeding US$1,250 (one thousand and two hundred fifty US dollars) per ton, the rate of Export Levy is as stipulated in Column 13 in Attachment II to this regulation.

(2) Related to the stipulation of rate of export Levy on exported goods in the form of Cacao Seed as intended in Article 3 paragraph (2) c, the following provision shall apply:

a. In case of the reference price being up to US$2,000 (two thousand US dollars) per ton, the Rate of Export Levy is as stipulated in Column 1 in Attachment III to this regulation.
b. In case of the reference price exceeding US$2,000 (two thousand US dollars) up to US$2,750 (two thousand and seven hundred fifty US dollar) per ton, the Rate of Export Levy is as stipulated in Column 2 in Attachment III to this regulation.
c. In case of the reference price exceeding US$2,750 (two thousand and seven hundred fifty US dollars) up to US$3,500 (three thousand and five hundred US dollar) per ton, the Rate of Export Levy is as stipulated in Column 3 in Attachment III to this regulation.
d. In case of the reference price exceeding US$3,500 (three thousand and five hundred US dollars) per ton, the Rate of Export Levy is as stipulated in Column 4 in Attachment III to this regulation.

(3) The reference prices as intended in paragraphs (1) and (2) shall be stipulated by the Minister in charge of trading affairs by referring to:

a. Average CPO CIF Rotterdam, for palm oil, CPO and derivative products thereof;
b. Average CIF New York Board of Trade,(NYBOT), New York for cacao seed.

Article 5

(1) The export levy shall be calculated as follows:

a. In case of the Rate of Export Levy being stipulated based on percentage of the export price (advalorum), the Export Levy is counted based on the following formula:
Rate of Export Levy x Total Unit of Goods x Export Price per unit of goods x exchange rate;
b. In case of the Rate of Export Levy being stipulated specifically, the Export Levy is counted based on the following formula:
Rate of Export Levy per unit of goods in certain currency x Total Unit of Goods x Exchange Rate.

(2) The export price as intended in paragraph (1) a, shall be stipulated by the Director General of Customs and Excise on behalf of the Minister of Finance in accordance with HPE.

Article 6

With the enforcement of this regulation, Regulation of the Minister of Finance No. 223/PMK.011/2008 concerning Stipulation of Exported Goods Subject to Export Levy and Rate of Export Levy as amended by Regulation of the Minister of Finance No. 199/PMK.011/2009 shall be revoked and declared null and void.

Article 7

The regulation shall come into force as from April 1, 2010.

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

Stipulated in Jakarta
On March 22, 2010
THE MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI

REGULATION OF THE MINISTER OF FINANCE No. 67/PMK.011/2010

CONCERNING STIPULATION OF EXPORTED GOODS SUBJECT TO EXPORT LEVY AND RATE OF EXPORT LEVY