JOINT REGULATION
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA AND MINISTER OF MARINE AND FISHERIES OF THE REPUBLIK OF INDONESIA
No. 64/M-DAG/PER/12/2009
No. PB.03/MEN/2009

CONCERNING
TEMPORARY BAN ON THE IMPORT OF SHRIMPS OF CERTAIN SPECIES INTO 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 MARINE AND FISHERIES OF THE REPUBLIC OF INDONESIA

Considering:

a. that the distribution of shrimps infected by virus on the international market has continued, while Indonesia remains in the course of efforts to control the dissemination of the virus in the country so that it is necessary temporary ban on import of shrimps belonging to certain species into the territory of the Republic of Indonesia in a the framework of preventing the shrimps from coming into the territory of the Republic of Indonesia;

b. that in the framework of controlling the dissemination of virus as intended in a, several viruses have remained viable even though they have undergone further treatment such as freezing;

c. that based on consideration in paragraphs a and b, it is necessary to stipulate a Joint Regulation of the Minister of Trade and Minister of Marine and Fishery;

In view of:

1. Trade Law 1934 (Statute Book No. 86/1938) as amended and added;

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. 31of 2004 concerning Fisheries (Statute Book No. 118/2004, Supplement to Statute Book No. 4433) as amended by Law No. 45/2009 (Statute Book No. 154/2009, Supplement to Statute Book No. 5073);;

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 Status, Tasks, Functions, Organization Structures and Working Arrangement of State Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;

8. Presidential Regulation No. 10/2005 concerning First Echelon Organization Units and Tasks of 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 Field;

10. Presidential Decree No. 84/P/2009 concerning The Establishment of United Indonesia Cabined II;

11. Decree of the Minister of Marine and Fisheries No. KEP.24/MEN/2002 concerning the Procedure and Technique of Enacting Regulations in the Ministry of Marine and Fisheries;

12. Decree of the Minister of Finance No. 545/KMK.01/2003 concerning the System of Classifying Imported Goods;

13. 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. 24/M-DAG/PER/6/2009;

14. Regulation of the Minister of Marine and Fisheries No. PER.07/MEN/2005 concerning the Organization and Work Mechanism of the Ministry of Marine and Fisheries as amended the latest by Regulation of the Minister of Marine and Fisheries No. PER.04/MEN/2009;

15. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provisions in Import;

HAS DECIDED:

To stipulate:

JOINT REGULATI0N OF THE MINISTER OF TRADE AND THE MINISTER OF MARINE 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 shrimp whose head and skin are not removed.

3. Head less shrimp is shrimp whose head is removed.

Article 2

Shrimps of certain species as stated in Attachment to this Joint Regulation are banned from being imported to the territory of the Republic of Indonesia.

Article 3

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

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

Article 4

Shrimps other than as intended in Article 2, either head on or head less, can only be imported to the territory of the Republic of Indonesia through:

Article 5

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

Article 6

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 23, 2009
THE MINISTER OF MARINE AND FISHERIES,
signed,
FADEL MUHAMMAD
MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU


ATTACHMENT

JOINT REGULATION OF MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA AND MINISTER OF MARINE AND FISHERIES OF THE REPUBLIK OF INDONESIA

No. 64/M-DAG/PER/12/2009
No. PB.03/MEN/2009
Dated: December 23, 2009

LIST OF SCHRIMPS OF CERTAIN SPECIES ARE BANNED TO BE IMPORTED INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA

NO. HEADING DESCRIPTION
1 Ex. 0306.13.00.00 -Frozen: Shrimps and prawns (of Penaeus vanamae species)
2 0303.23
Ex. 0306.23.30.00
- Not frozen (fresh): Shrimps and prawns (of Penaeus vanamae species): Fresh or cold

THE MINISTER OF MARINE AND FISHERIES,
signed,
FADEL MUHAMMAD
MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU