a. that as a consequence of Indonesia’s participation in international forum, so the issuance of Certificate of Origin shall be adjusted with the international agreement and technological development that is used in issuance of Certificate of Origin;
b. that Indonesian export commodities accompanied with Certificate of Origin are increasing, so it is required easy, fast, right and transparent public service to support effective and efficient management of issuance Certificate of Origin;
c. that provision of issuance Certificate of Origin as governed in Regulation of the Minister of Trade No. 43/M-DAG/PER/10/2007 need to be rearranged and adjusted with provision in international agreement and regulations;
d. that based on considerations as intended in paragraph a, paragraph b, and paragraph c, 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 No. 32/2004 concerning Regional Government (Statute Book No. 125/2004, Supplement to Statute Book No. 4437) as amended by Law No. 8/2005 (Statute Book No. 108/2005, Supplement to Statute Book No. 4548);
5. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
6. 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);
7. Presidential Decree No. 260/1967 concerning Stipulation of Task and Responsibility of the Minister of Trade in the Foreign Trade Field;
8. Presidential Decree No. 58/1971 concerning Stipulation of Officials have Authority to Issue Certificates of Origin;
9. Presidential Regulation No. 47/2009 concerning Establishment and organization of State Ministries;
10. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesian Cabinet II;
11. Presidential Regulation No. 50/2009 concerning Ratification of Agreement on Comprehensive Economic Partnership Among Member States of The Association of Southeast Asian Nation and Japan;
12. 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;
13. Presidential Regulation No. 40/2010 concerning Ratification of Agreement on Trade in Goods Under the Framework Agreement on Comprehensive Economic Cooperation Between the Association of Southeast Asian Nation and the Republic of India;
14. Regulation of the Minister of Industry and Trade No. 558/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;
15. Regulation of the Minister of Trade No. 37/M-DAG/PER/7/2010 concerning Organization and Work Management of the Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING CERTIFICATES OF ORIGIN FOR INDONESIAN EXPORT COMMODITIES
In this Ministerial Regulation:
1. Rules of Origin is regulations and administrative provisions of application by WTO member country to decides origin country of goods.
2. Certificate of Origin hereinafter abbreviated as SKA, is document enclosed when Indonesian export commodity that fulfill provision of Rules of Origin enter other country that shows that the commodity come from Indonesia.
3. 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.
4. SKA Issuance Agency is agency/board/institution that is decided by Minister and has the authority to issues SKA.
5. SKA Signer Official is Official that has the authority and responsibility to signs SKA at SKA Issuance Agency that is decided by Minister.
6. International Agreement is multilateral, bilateral, regional agreement and those made under the framework of international trade cooperation.
7. Unilateral action is self-imposed action from a country that require the use of SKA on exported goods from other country to get preference or non-preference.
8. Minister is Minister who implements government tasks in the field of trading.
9. Director General is Director General of Foreign Trade, Ministry of Trade.
(1) SKA consists of two kinds; they are Preference SKA and Non Preference SKA.
(2) Preference SKA issued to be used in order to get discount facility or import tax compliment given by a country or group of countries to Indonesian export commodity that meets requirements according to international agreement or unilateral action.
(3) Non Preference SKA issued to be used in order to meet the standard set by a country or group of countries for export of certain goods from a country based on international agreement or unilateral action.
(1) The application of SKA type as intended in Article 2 and Preference SKA and Non Preference SKA forms according to its usage.
(2) SKA form as intended in paragraph (1) can be adjusted based on progress of international agreement, unilateral decision, or stipulation by Government of Indonesia.
(3) SKA form as intended in paragraph (2) is stipulated by Director General on behalf of the Minister.
(1) SKA form that is stipulated by Government of Indonesia as intended in Article 3 paragraph (2) applied on certain export commodities and certain export destination which requires SKA.
(2) Certain export commodities as intended in paragraph (1) are stipulated by Director General on behalf of the Minister.
(1) SKAs are issued by Agency/Board/Institution that are stipulated as SKA Issuance Agencies by Director General on behalf of the Minister.
(2) Director General on behalf of the Minister, based on consideration of effective and efficient management of SKA issuance, can stipulate changing of Agency/Board/Institution as SKA Issuance Agency.
(1) SKA is signed by official that is stipulated as SKA Signer Official at every SKA Issuance Agency.
(2) SKA Signer Officials are stipulated by Director General on behalf of the Minister.
(3) Further provision of procedures and conditions of stipulation as SKA Signer Official as intended in paragraph (2) are stipulated by Director General on behalf of the Minister.
(1) Exporter can obtain SKA as intended in Article 2, by submits application to the SKA Issuance Agency.
(2) Application of SKA Issuance as intended in paragraph (1) should be attached with following supporting documents:
(3) On the every application of SKA issuance, SKA Issuance Agency shall check:
(4) SKA Issuance Agency can verify on the fulfilling on the Rules of Origin as intended in paragraph (2) for:
(5) Verification as intended in paragraph (4) should at least cover:
(6) SKA Issuance Agency within period 1 (one) working day since the date of receiving application as intended in paragraph (1), shall:
(7) For certain exported goods as intended in Article 4, exporter only can submit application of SKA issuance at certain SKA Issuance Agencies that are stipulated by Director General on behalf of the Minister.
(8) Further provisions on application and procedure of SKA issuance will be stipulated by Director General on behalf of the Minister.
(1) SKA Issuance Agencies shall present monthly report of SKA issuance at the latest on 10 of ensuing months to Director General in this case Director of Export and Import Facilitation, Ministry of Trade.
(2) Director General in this case Director of Export and Import Facilitation, Ministry of Trade evaluates report of SKA issuance as intended in paragraph (1) and all implementation of SKA issuance in SKA issuance Agencies.
(3) Director General submits report of evaluation result as intended in paragraph (2) to the Minister.
(1) SKA Issuance Agency that conducts violation to provision in this Ministerial Regulation and implementation directives will be fined sanction in the form reduction of authority to issues SKA, freezing, or revocation of stipulation as SKA Issuance Agency.
(2) SKA signer Official that conducts violation to provision in this Ministerial Regulation and implementation directives will be fined sanction in the form of revocation authority to sign SKA.
(3) Business entrepreneur that conducts violation to provision in this Ministerial Regulation and implementation directives will be fined sanction in the form delaying SKA issuance for the following exportation.
(1) Provisions related with issuance of SKA in other regulations are still valid while not in contradictive and/or until govern new provisions based on this Ministerial Regulation.
(2) SKAs are issued based on Regulation of the Minister of Trade No. 43/M-DAG/PER/10/2007 concerning Certificate of Origin for Indonesian Export Commodities, are still effective until the SKA expired.
(3) SKA Issuer Agencies are stated to issue SKA and Official assigned to sign SKA based on Regulation of the Minister of Trade No. 43/M-DAG/PER/10/2007 concerning Certificate of Origin for Indonesian Export Commodities can still do their duties until a new provision state otherwise.
Arrangement, supervision, and evaluation on the implementation of provisions in this Ministerial Regulation are done by the Director General.
When this Ministerial Regulation comes into effect, Regulation of the Minister of Trade No. 43/M-DAG/PER/10/2007 concerning Issuance of the Certificate of Origin for Indonesian Export Commodities, is revoked and declared null and void.
This Ministerial Regulation shall come into force on January 1, 2011.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on August 19, 2010
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU