REGULATION OF THE MINISTER OF TRADE
No. 10/M-DAG/PER/5/2011

CONCERNING
AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 41/M-DAG/PER/9/2009 CONCERNING PROVISION ON THE EXPORT OF COFFEE

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

Attachment

Considering:

a. that in the framework of enhancing competitiveness, creating fair business practices in coffee sector and pay attention to decision of Indonesian Membership Working Group meeting and Contribution of the Government of the Republic of Indonesia for International Organizations, it is necessary to move payment of contribution of Indonesian Membership for International Coffee Organization (ICO);

b. that based on consideration as intended in paragraph a, it is necessary to amend several provisions in Regulation of the Minister of Trade No. 41/M-DAG/PER/9/2009 concerning Provision on the Export of Coffee;

c. that based on consideration as intended in paragraph a and b, it is necessary to stipulate a 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 of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);

3. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) that is amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);

4. Law No. 32/2004 concerning Regional Administration (Statute Book of the Republic of Indonesia No. 125/2004, Supplement to Statute Book of the Republic of Indonesia No. 4437) that is amended by Law No. 8/2005 (Statute Book of the Republic of Indonesia No. 108/2005, Supplement to Statute Book of the Republic of Indonesia No. 4548);

5. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibility of the Minister of Trade in the field of Foreign Trade;

6. Presidential Decree No. 84/P/2009 concerning the Establishment of United Indonesia Cabinet II;

7. Presidential Regulation No. 47/2009 concerning the Establishment and organization of the State Ministries;

8. Presidential Regulation No. 24/2010 concerning Position, Task and Function of State Ministries and Organization Structure, Task and Function of First Echelon of State Ministries;

9. Decree of the Minister of Industry and Trade No. 164/MPP/Kep/6/1996 concerning Mandatory Quality Control over Certain Exported Products;

10. Decision of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in Export that is amended several times and the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;

11. Regulation of the Minister of Finance No. 145/PMK.04/2007 concerning Customs Provision in Export;

12. Regulation of the Minister of Trade No. 41/M-DAG/PER/9/2009 concerning Provision on the Export of Coffee;

13. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Arrangement of the Minister of Trade;

14. Regulation of the Minister of Trade No. 59/M-DAG/PER/12/2010 concerning Provision on the Issuance Certificate of Origin for Indonesian Export Goods;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 41/M-DAG/PER/9/2009 CONCERNING PROVISION ON THE EXPORT OF COFFEE

Article I

Several provisions in Regulation of the Minister of Trade No. 42/M-DAG/PER/9/2009 concerning Provision on the Export of Coffee shall be amended as follows:

1. The provisions of Article 6 shall be amended so as to read as follows:

"Article 6

(1) In order to secure SPED as intended in Article 5 paragraph (1), EKS or ETK shall propose written proposal to the Agency as intended in Article 5 paragraph (4) by enclosing copy of recognition as EKS or ETK.

(2) The agency as intended in paragraph (1) shall issue SPEK in not later than 3 (three) working days as from the date of receipt of complete and true application.

(3) SPEK shall valid for 30 (thirty) days as from the date of issuance and may only be extended once.

(4) SPEK whose validity period elapses the deadline of the coffee year as described in Article 4 paragraph (4) may not be used as a requirement for exporting coffee and may not be extended.

(5) SPEK as intended in Article 5 paragraph (1) shall be issued in 5 (five) copies with the designation to:

(6) SPEK as intended in paragraph (5) may be used for the shipment from all export ports Indonesia."

2. Provision of Article 7 shall be abolished.

3. The provision of Article 8 shall be amended so as to read as follows:

"Article 8

(1) Agency as intended in Article 5 paragraph (4) shall submit report on the realization of the issuance of SPEK every month to the Director General through Director of Export of Agriculture and Forestry Products or through http://inatrade.kemendag.go.id in not later than 10th of the next month.

(2) Agency failing to fulfil the obligation to report the realization of the issuance SPEK, may be revoked stipulation as the issuer of SPEK."

4. The provision of Article 10 shall be amended so as to read as follows:

"Article 10

(1) EKS and ETK shall submit written report on the realization of exported coffee every 3 (three) months to Director General through Director of Export of Agriculture and Forestry Products of through http://inatrade.kemendag.go.id.

(2) Report as intended in paragraph (1) shall be submitted in not later than October 10, January 10, April 10, and July 10.

(3) Format of Report on the realization of exported coffee as stated in Attachment V that is integral part of this Ministerial Regulation."

5. Attachment III shall be abolished.

Article II

This regulation shall come into force on the date of stipulation.

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

Stipulated in Jakarta
On May 3, 2011
THE MINISTER OF TRADE
signed
MARI ELKA PANGESTU