a. that to implement provision in Article 3 paragraph (3), Article 4 paragraph (2), Article 5 paragraph (2), Article 6 paragraph (3), and Article 7 paragraphs (7) and (8) of Regulation of the Minister of Trade No. 33/M-DAG/PER/8/2010 concerning Certificate of Origin for Indonesian Exporting Goods, it is necessary to stipulate provision of issuing Certificate of Origin for Indonesian Exporting Goods;
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 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. Government Regulation No. 73/2008 concerning Kind and Rate of Non Tax State Income in Ministry of Trade;
8. Presidential Decree No. 260/1967 concerning Stipulation of Task and Responsibility of the Minister of Trade in the Foreign Trade Field;
9. Presidential Decree No. 58/1971 concerning Stipulation of Officials have Authority to Issue Certificates of Origin;
10. Presidential Decree No. 34/1989 concerning Ratification of Agreement On The Global System Of Trade Preferential Among Development 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;
12. Presidential Decree No. 48/2004 concerning Ratification of Framework Agreement On Comprehensive Economic Co-operation Between The Association of South East Asian Nations And The People's Republic of China;
13. Presidential Decree No. 69/2004 concerning Ratification of Framework Agreement On Comprehensive Economic Cooperation Between The Association of Southeast Asian Nations and the Republic of India;
14. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesian II Cabinet;
15. Presidential Regulation No. 11/2007 concerning Ratification of Framework Agreement On Comprehensive Economic Cooperation Among The Governments Of The Member Countries Of The Association Of Southeast Asian Nations And The Republic Of Korea;
16. Presidential Regulation No. 12/2007 concerning Ratification of Agreement On Trade In Goods Under The Framework Agreement On Comprehensive Economic Cooperation Among The Governments Of The Member Countries Of The Association Of Southeast Asian Nations And The Republic Of Korea;
17. Presidential Regulation No. 36/2008 concerning Ratification Agreement Between The Republic Of Indonesia And Japan For An Economic Partnership;
18. Presidential Regulation No. 63/2008 concerning Ratification International Coffee Agreement 2007;
19. Presidential Regulation No. 47/2009 concerning Establishment and organization of State Ministries;
20. Presidential Regulation No. 2/2010 concerning Ratification ASEAN Trade In Goods Agreement;
21. 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;
22. Presidential Decree No. 40/2010 concerning Ratification Agreement On Trade In Goods Under The Framework Agreement On Comprehensive Economic Cooperation Between The Association Of Southeast Asian Nations And The Republic Of India;
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. Regulation of the Minister of Trade No. 41/M-DAG/PER/9/2009 concerning Provision on the Exporting Coffee;
28. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Procedure of the Ministry of Trade;
29. Regulation of the Minister of Trade No. 33/M-DAG/PER/8/2010 concerning Certificate of Origin for Indonesian Exporting Goods;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION OF ISSUING CERTIFICATE OF ORIGIN FOR INDONESIAN EXPORTING GOODS
In this Ministerial Regulation:
1. Certificate of Origin, hereinafter abbreviated as SKA is document enclosed when Indonesian exported goods that fulfill Rules of Origin enter certain country that shows that the goods come from 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. SKA Signer Official is officer who has right and responsibility to sign SKA at the Agencies of Issuer SKA that is stipulated by the Minister
5. Unilateral Stipulation is stipulation of one party of state to make requirement to use SKA for exporting goods of other country for preferential or non preferential.
6. Minister is minister who implements government function in Trading.
7. Director General is Director General of Foreign Trade, Ministry of Trade.
(1) SKA consists of 2 (two) kinds, they are Preferential SKA and Non Preferential SKA.
(2) Preferential SKA as intended in paragraph (1) is issued to get reduction or exemption of import duty that is given by certain country or a group of countries on the Indonesian exporting goods that fulfill conditions in provisions of international agreement or unilateral agreement.
(3) Non Preferential SKA as intended in paragraph (1) is issued to fulfill provision decided by certain country or a group of countries on the Indonesian exported goods based on international agreement or unilateral agreement.
Kind, shape, provision in issuing and procedure of filling Preferential SKA and Non Preferential SKA are stated in Attachment I of this Ministerial Regulation.
(1) Issuance of SKA is made on the request of the exporter by submit application to SKA Issuance Agency by using format as stated in Attachment II of this Ministerial Regulation.
(2) Application as intended in paragraph (1) should be signed by the company responsible party.
(3) Request for the issuance of SKA as intended in paragraph (1) should be equipped with supporting documents as follows:
(4) Other documents as intended in paragraph (3) f are structure of cost for exporting goods with raw material and/or auxiliary material contents in import to apply Preferential SKA.
(5) Submission of request for the issuance of SKA for export goods for certain purpose should be equipped with supporting documents as follows:
a. purchase receipt for the goods where in its SKA is requested; and/or
b. photocopy of citizenship ID Card for Indonesian Citizens or Passport for foreigners/tourist or Proxy Letter from the owner of goods if its execution uses Courier Service Company.
(6) Export goods for certain purposes as intended in paragraph (5) are stated in Attachment III of this Ministerial Regulation.
(7) Submission of request for the issuance of SKA for export goods using SKA form A, should be equipped with supporting documents as follows:
(8) For exported goods using SKA forms GSTP and IJEPA, it should be equipped with documents in the form of Cost Structure per Unit in US Dollar in the form as stated in Attachment Va of this Ministerial Regulation.
(9) For exported goods using SKA forms D, E, AK and AI, it should be equipped with documents in the form of Cost Structure per Unit in US Dollar in the form as stated in Attachment Vb of this Ministerial Regulation.
(1) For fast process of the issuance of SKA, exporter submit application for SKA and supporting document directly to SKA Issuance Agency and also submit application for SKA and supporting document s through electronic data storage media like diskette, memory stick (USB), optical disc, electronic mail, or website.
(2) Further provision to submit application for SKA and supporting documents through electronic data storage media as intended in paragraph (1) will be stipulated by Director General.
(1) If the exporter submit a request for the issuance of SKA for the export of goods by using aircraft, the obligation to attach supporting documents in the form of Air Way Bill (AWB) and/or Declaration of Exported Goods (PEB) as intended in Article 4 paragraph (3) may be replaced temporarily with a document in the form of Exporter Statement Letter stating it is still unable to submit the intended AWB and/or PEB documents.
(2) The exporter submitting the Exporter Statement Letter as intended in paragraph (1) is obliged to submit the AWB and/or PEB documents to the SKA Issuance Agency in a period of 10 (ten) working days at the latest after the SKA date of issue.
(3) Request for the issuance of SKA for succeeding exports will not be fulfilled by the SKA Issuance Agency if the exporter concerned did not execute the provisions as intended in paragraph (2).
(1) SKA Issuance Agency must scrutinizing and check the truth and completeness of SKA form and supporting documents as intended in Article 4 before signed by SKA Signer Official.
(2) In case the truth of the SKA form and supporting documents as intended in paragraph (1) is doubted, SKA Signer Official before signs SKA can:
a. request for additional explanation/information from the exporter on the submitted data/information; and/or
b. make verifications by using comparative data/information from the result of survey on data of exporter, type of goods, source of raw material and production process, including cost structure per unit, based on data of Tracking of Country of Origin of the Goods (PNAB) entered into the database of SKA issue system.
(3) The survey on Tracking of Country of Origin of the Goods (PNAB) as intended in paragraph (2) b covers general data of the exporter, type of goods, source of raw materials and production process, including the cost structure per unit, the result of which is entered into the database used as reference in SKA issues system, is performed by the SKA Issuance Agency and/or independent surveyor.
Exporter can chooses place to apply SKA issuance to SKA Issuance Agency based on location and working area of SKA Issuance Agency, such as:
a. SKA Issuance Agency that has working area in the place of production of goods;
b. SKA Issuance Agency that has working area in the Foreign Exchange Bank as correspondence bank of exporter;
c. SKA Issuance Agency that has working area in the Customs and Excise Service Office that issues PEB or where PEB get export approval from Customs and Excise Service Office in exporting port;
d. SKA Issuance Agency that has working area in the place of goods purchasing;
e. SKA Issuance Agency that has working area in the place of departure of goods; or
f. The nearest SKA Issuance Agency.
(1) Exporter of certain exported goods necessary SKA only can apply issuing SKA at certain SKA Issuing Agencies are stipulated by Director General on behalf of the Minister.
(2) Certain exported goods as intended in paragraph (1) are stated in Attachment VII of this Ministerial Regulation.
(3) In case certain exported goods as intended in paragraph (1) are exported not use other form based on international agreement, should use Form B.
(4) In case any doubt on the application to issue SKA for certain exported goods as intended in paragraph (1), verification of source of raw materials and production process can be made.
(5) Except supporting documents as intended in Article 4 paragraph (3), application to issues SKA for certain exported goods should be equipped with supporting documents of source of raw materials as follows:
The SKA Issuance Agency at the latest 1 (one) day since receives the application should:
(1) The SKA Issuance Agency is obliged to provide a response and to give an explanation on the SKA verification of validity and truth of data/information on the related SKA to the government/official agency of the export destination country;
(2) Exported related with verification as intended in paragraph (1) is obliged to provide a response ant to give an explanation of validity and truth of data/information to the SKA Issuance Agency.
(3) Response on the SKA verification by SKA Issuance Agency as intended in paragraph (1) is submitted to the government/official agency of the export destination country at the latest 30 (thirty) days since the date of SKA Issuance Agency received verification request, with a copy submitted to the Director of Export and Import Facilitation of the Ministry of Trade.
(4) If required, SKA Issuance Agency and exporter can coordinate with Directorate of Export and Import Facilitation of the Ministry of Trade to implement provision as intended in paragraph (1) and paragraph (2).
Attachment I, Attachment II, Attachment III, Attachment IVa, Attachment IVb, Attachment V, Attachment Va, Attachment Vb, Attachment VI, Attachment VII are integral part of this Ministerial Regulation.
This Ministerial Regulation shall come into force since January 1, 2011.
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 December 30, 2010
on behalf of the MINISTER OF TRADE,
Performer Director General of Foreign Trade
signed,
DEDDY SALEH