JOINT REGULATION
THE MINISTER OF TRADE AND MINISTER OF MARITIME AND FISHERIES OF THE REPUBLIK OF INDONESIA
No. 52/M-DAG/PER/12/2010
No. PB.02/MEN/2010

CONCERNING
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 MARITIME AND FISHERIES OF THE REPUBLIC OF INDONESIA

Considering:

a. that based on statement of Organization Internationale des Epizootic (OIE) and scientific evidence of risk of importing shrimps, now registered and identified virus on the shrimps that is categorized dangerous for shrimps health and human health and should be supervised in international trading system;

b. that in the framework to prevent and control the spread of shrimp virus diseases as well as to protect the health of natural resources and human beings all over the world include Indonesia, it is necessary ban to import of shrimps of certain species to the territory of the Republic of Indonesia;

c. that based on the considerations in a and b, it is necessary to stipulate a Joint Regulation of the Minister of Trade and the Minister of Maritime and Fisheries;

In view of:

1. Trade Law 1934 (Statute Book No. 86/1938);

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. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);

4. 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);

5. Law No. 31/2004 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);

6. Law No. 39/2008 concerning State Ministry (Statute Book No. 106/2008, Supplement to Statute Book No. 4916);

7. Government Regulation No. 15/2002 concerning Fish Quarantine (Statute Book No. 36/2002, Supplement to Statute Book No. 4179);

8. Government Regulation No. 54/2002 concerning Fishery Business (Statute Book No. 100/2002, Supplement to Statute Book No. 4230);

9. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister in Foreign Trade Field;

10. Presidential Regulation No. 47/2009 concerning the formation and Organization of State Ministry;

11. Presidential Regulation No. 24/2010 concerning the Position, Task, and Function of Ministries as well as the Organizational Structure, Task and Function of First Echelon Officials of State Ministry;

12. Presidential Decree No. 84/P/2009 as amended by Presidential Decree No. 56/P/2010;

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

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

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

16. Regulation of the Minister of Maritime and Fisheries No. PER.15/MEN/2010 concerning the Organization and Work Mechanism of the Ministry of Maritime and Fisheries;

17. Regulation of the Minister of Maritime and Fisheries No. PER.17/MEN/2010 concerning Controlling Quality and Safety of Fishery Products Entered into Republic of Indonesia;

18. 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;

HAS DECIDED:

To stipulate:

JOINT REGULATI0N OF THE MINISTER OF TRADE AND THE MINISTER OF MARITIME AND FISHERIES CONCERNING BAN ON THE IMPORT OF SHRIMPS OF CERTAIN SPECIES INTO THE TERRITORY OF THE REPUBLIC OF INDONESIA.

Article 1

In this Joint Regulation:

Article 2

(1) Shrimps of certain species are banned from being imported to the territory of the Republic of Indonesia.

(2) The shrimps of certain species as intended in paragraph (1) are contained in the attachment which is an integral part of this Joint Regulation.

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 Article 2, Article 3, and Article 4 shall be liable to sanctions according to the legislations.

Article 6

This Joint Regulation shall be revoked in case:

Article 7

This Joint Regulation shall come into force on the date of stipulation.

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, 2010
THE MINISTER OF MARITIME AND FISHERIES,
signed,
FADEL MUHAMMAD
MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU


ATTACHMENT TO

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

No.: 52/M-DAG/PER/12/2010
No.: PB.02/MEN/2010
Dated: December 23, 2010

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 0306.23
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