a. that to implement provision in Article 8 paragraph (2) of Regulation of the Minister of Trade No. 43/M-DAG/PER/10/2007 concerning Issuance of Certificate of Origin for Indonesian Exported Goods, it is necessary to stipulate Agency of Issuance of Certificate of Origin for Indonesian Exported Good;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 7/1994 concerning 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 of 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 of the Republic of Indonesia No. 36/2000 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2000 concerning Free Trade Zone and Free Port to Become A Law (Statute Book of the Republic of Indonesia No. 251/2000, Supplement to Statute Book of the Republic of Indonesia No. 4053) as amended by Law No. 44/2007 concerning Stipulation of Government Regulation in Lieu of Law No. 1/2007 concerning Amendment to Law No. 36/2000 concerning Stipulation of Government Regulation No. 1/2000 concerning Free Trade Area and Free Port to become a Law (Statute Book of the Republic of Indonesia No. 130/2007, Supplement to Statute Book of the Republic of Indonesia No. 4775;
5. Law No. 37/2000 concerning Stipulation of Government Regulation in Lieu of Law No. 2/2000 concerning Sabang Free Trade Area and Free Port to become a Law (Statute Book No. 252/2000, Supplement to Statute Book No. 4054);
6. Law No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437);
7. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
8. Government Regulation No. 38/1994 concerning Merging of Limited Company PT. Pengelola Kawasan Berikat Indonesia into Limited Company PT. Kawasan Berikat Nusantara (Statute Book No. 67/1994);
9. Government Regulation No. 38/2007 concerning the Sharing of Government Affairs between the Government, Provincial Governments and Regency/Municipal Governments (Statute Book No. 82/2007, Supplement to Statute Book No. 4737);
10 Government Regulation No. 46/2007 concerning Batam Free Trade Area and Free Port (Statute Book No. 107/2007, Supplement to Statute Book No. 4759);
11. Government Regulation No. 73/2008 concerning Kind and Rate of Non Tax State Income in Ministry of Trade;
12. Government Regulation No. 32/2009 concerning Bonded Hoarding Place;
13. Presidential Decree No. 260/1967 concerning Stipulation of Task and Responsibility of the Minister of Trade in the Foreign Trade Field;
14. Presidential Decree No. 58/1971 concerning Stipulation of Officials have Authority to Issue Certificates of Origin;
15. Presidential Decree No. 34/1989 concerning Ratification of Agreement On The Global System Trade Preference (GSTP) Among Developing Countries;
16. Presidential Decree No. 85/1995 concerning Ratification of Protocol To Amend The Agreement On The Common Effective Preferential Tariff (CEPT) Scheme For The ASEAN Free Trade Area;
17. Presidential Regulation No. 11/2007 concerning Ratification of Framework Agreement on Comprehensive Economic Cooperation Among the Government of Southeast Asian Nations and the Republic of Korea;
18. Presidential Regulation No. 12/2007 concerning Ratification of Agreement on Trade in Goods Under the Framework Agreement on Comprehensive Economic Cooperation Among the Government of Southeast Asian Nations and the Republic of Korea;
19. Presidential Regulation No. 63/2008 concerning Ratification of International Coffee Agreement 2007;
20. Presidential Regulation No. 47/2009 concerning Establishment and organization of State Ministries;
21. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesian Cabinet II;
22. Presidential Regulation No. 24/2010 concerning Position, Duties, and Function of State Ministries and Structure Organization, Duties, and Task of First Echelon of State Ministries;
23. Decree of the Minister of Trade No. 225/Kp/X/1995 concerning Exporting Goods to Abroad not covered in General Provisions on Export as amended several times, the latest by Decree of the Minister of Industry and Trade No. 317/MPP/Kep/9/1997;
24. Decree of the Minister of Industry and Trade No. 17/MPP/SK/1/1996 concerning Entry and the Release of Goods To and From Bonded Zone as amended by Decree of the Minister of Industry and Trade No. 120/MPP/Kep/5/1996;
25. Decree of the Minister of Finance No. 488/KMK.05/1996 concerning Customs Procedures in Export;
26. Decree of the Minister of Industry and Trade No. 588/MPP/Kep/12/1998 concerning General Provision in Export as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
27. Decree of the Minister of Trade No. 04/M/Kep/12/2004 concerning Provision of the Export of Textile and Textile Products (TPT);
28. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Working Arrangement of the Minister of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;
29. Regulation of the Minister of Trade No. 43/M-DAG/PER/10/2007 concerning Issuance of Certificate of Origin for Indonesian Exported Goods;
30. Regulation of the Minister of Trade No. 41/M-DAG/PER/9/2009 concerning Provision on the Exporting Coffee;
31. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2008 concerning Fee of Issuance of Certificate of Origin for Indonesian Exported Goods;
REGULATION OF THE MINISTER OF TRADE CONCERNING AGENCIES ISSUING CERTIFICATES OF ORIGIN FOR EXPORTED GOODS OF INDONESIA
In this Ministerial Regulation:
1. Certificate of Origin, hereinafter abbreviated as SKA is document enclosed when Indonesian exported goods enter other country that shows that the goods come from, produced in and/or manufactured in Indonesia.
2. SKA form is form with standard in shape, size, color and usage and content according to provision in bilateral, regional, multilateral agreement, unilateral action, or policy of the government of Indonesia.
3. The Agency that issues SKA is agency/board/institution that is decided by Minister and has authority to issue SKA.
4. Minister is minister who implements government function in Trading.
5. Director General is Director General of Foreign Trade, Ministry of Trade.
(1) Agencies issuing SKA who has right to issue SKA are stated in Attachment I, the integral part of this Ministerial Regulation.
(2) Agencies issuing SKA who stipulated to issue SKA manually are stated in Attachment II, the integral part of this Ministerial Regulation.
(3) Agencies issuing SKA who stipulated to issue SKA by automatic system are stated in Attachment IIII, the integral part of this Ministerial Regulation.
(1) Every agency issuing SKA shall propose application of candidate of Officer who Signs SKA to Directorate of Export and Import Facility, Ministry of Trade.
(2) Application as intended in paragraph (1) consists of Name and Position of candidate of Officer who Signs SKA and explanation about position.
(1) Every Agency Issuing SKA should submit 60 (sixty) pieces of specimen of signatures and specimen of official seal authorized to certify the Certificate of Origin from Indonesia to the Directorate of Export and Import Facility, Ministry of Trade, by using form as stated in Attachment IV, the integral part of this Ministerial Regulation.
(2) Agency Issuing SKA should submit specimen of signatures and specimen of official seal as intended in paragraph (1) on the every changing or Officer who signs SKA and the new officer to the Director of Export and Import Facility, Ministry of Trade.
(3) Directorate of Export and Import Facility, Ministry of Trade shall submit names as intended in Article 3 paragraph (2), and specimen of signature and specimen of official seal as intended in paragraph (1) and paragraph (2) to Representative of the Republic of Indonesia abroad to be submitted to authorize government agency in its country.
(1) SKA Issuance Agencies shall submit monthly report at the latest on 15 on the following month to the Director General, in this case Director of Export and Import Facility, Ministry of Trade.
(2) Report as intended in paragraph (1) consists of:
SKA Issuance Agency should put Reference number of each SKA Form and put acronym of each area’s name of that SKA Issuance Agency.
(1) Supply and distribution of all kinds of SKA form is done by Directorate General of Foreign Trade, in this case Secretary of Directorate General of Foreign Trade based on request of each SKA Issuance Agency and follow effective regulations.
(2) Provision about supply and distribution of SKA form as intended in paragraph (1), and kind, shape and quality of SKA form paper is stated in Attachment VII that is integral part of this Ministerial Regulation.
(1) Cancelled or damaged SKA form should be destroyed.
(2) SKA Issuance Agency shall establish SKA Form Destroying Team to implement the destroying of SKA Form as intended in paragraph (1).
(3) On the destroying of SKA Form, SKA Issuance Agency shall make Warrant of SKA Destroying to the Directorate General of Foreign Trade, in this case Secretary of Directorate General of Foreign Trade, Ministry of Trade, by states kind of form, serial number and quantity of the destroying of SKA Form.
With the enforcement of this Ministerial Regulation, technical regulation of the Regulation of the Minister of Trade No. 43/M-DAG/PER/10/2007 concerning Issuance of Certificate of Origin for Indonesian Exported Goods that stipulate Agencies Issuing Certificate of Origin (IPSKA) is revoked and declared null.
This Ministerial Regulation shall come into force on the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated at State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on May 24, 2010
on behalf of the MINISTER OF TRADE
Performer Director General of Foreign Trade
signed,
MUCHTAR