a. that a surge in the import that inflicting serious losses on the domestic industry, it is necessary effort for successful remedy on that losses, so it is required evidence of imported goods origin of goods subject to safeguard measures;
b. that based on consideration as intended in paragraph a, it is necessary to govern obligation to submit Certificate of Origin on the imported goods subject to safeguard measures;
c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938) as amended and supplemented;
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. Presidential Decree No. 260/1967 concerning Stipulation of Task and Responsibility of the Minister of Trade in the Foreign Trade Field (Statute Book No. 133/2002);
5. Presidential Decree No. 84/2002 concerning Safeguard Measures for Domestic Industry And Effect of Surge in the Import;
6. Presidential Decree No. 187/M/2004 concerning Establishment of United Indonesian Cabinet as amended several times, the latest by Presidential Decree No. 171/M/2005;
7. Presidential Regulation No. 9/2005 concerning the Position, Task, Function, Organizational Structure and Work Mechanism of Ministries of the Republic of Indonesia that is amended the latest by Presidential Regulation No. 94/2006;
8. Presidential Regulation No. 10/2005 concerning Organizational Units and Tasks of Echelon I Officials of Ministries of the Republic of Indonesia as amended the latest by Presidential Regulation No. 17/2007;
9. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organizational Structure and Work Mechanism of the Ministry of Trade that is amended by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
10. Regulation of the Minister of Finance No. 161/PMK.04/2007 concerning Supervision on the Import or Export of Banned and/or Restricted Goods;
Presidential Instruction No. 5/2008 concerning Focus of Economics Program 2008 – 2009;
REGULATION OF THE MINISTER OF TRADE CONCERNING CERTIFICATE OF ORIGIN FOR IMPORTED GOODS SUBJECT TO SAFEGUARD MEASURES
In this Ministerial Regulation:
1. Certificate of Origin is certificate explained origin country of goods, issued by agency/institution that gets right from government of exporting country.
2. Safeguard measures is action taking by government to solve serious losses and/or prevent serious losses of domestic industry caused by a surge in the import of similar goods or supplemented goods of domestic industry, the objective is to make domestic industry that get serious losses can make structural adjustment.
(1) Importer that imports goods from countries excepted from the imposition of safeguard measures import duty and/or quota, shall submit Certificate of Origin at every importation of goods subject to Safeguard Measures.
(2) Certificate of Origin as intended in paragraph (1) is issued based on provision of goods origin at exporter country.
(3) Importer that not fulfill provision as intended in paragraph (1) is treated as importer of goods subject to imposition of safeguard measures import duty and be charged safeguard measures import duty and/or quota.
Importer not fulfill provision as intended in Article 2 paragraph (1) and paragraph (3), on the importer and imported goods will be charge safeguard measures based on provision in Laws and Regulations.
This Ministerial Regulation shall come into force 60 (sixty) days since the date of stipulation.
For public cognizance, this Ministerial Regulation shall be published by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on September 22, 2008
MINISTER OF TRADE
signed,
MARI ELKA PANGESTU