a. that to implement provision in Article 5 and Article 6 of Regulation of the Minister of Trade No. 33/M-DAG/PER/8/2010 concerning 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) as amended by Law No. 8/2005 (Statute Book No. 108/2005, Supplement to Statute Book No. 4548);
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 (Statute Book No. 61/2009, Supplement to Statute Book No. 4998);
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 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 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;
18. 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;
19. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesian Cabinet II;
20. 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;
21. 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;
22. Presidential Regulation No. 36/2008 concerning Ratification of Agreement Between The Republic Of Indonesia And Japan For An Economic Partnership;
23. Presidential Regulation No. 63/2008 concerning Ratification of International Coffee Agreement 2007;
24. Presidential Regulation No. 47/2009 concerning Establishment and organization of State Ministries;
25. Presidential Regulation No. 2/2010 concerning Ratification of ASEAN Trade in Goods Agreement;
26. 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;
27. 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 Nations And The Republic Of India;
28. 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;
29. 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;
30. Decree of the Minister of Finance No. 488/KMK.05/1996 concerning Customs Procedures in Export;
31. 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;
32. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Arrangement of the Ministry of Trade;
33. Regulation of the Minister of Trade No. 33/M-DAG/PER/8/2010 concerning 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 have fulfill Rules of Origin enter other country that shows 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 Official who is given right and responsibility to signs SKA at SKA issuer agencies are stipulated by the Minister.
5. Official is permanent employee at SKA issuer Agencies.
6. Minister is minister who implements government function in Trading.
7. Director General is Director General of Foreign Trade, Ministry of Trade.
8. Director is Director of Export and Import Facility, Directorate 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) Attachment I as intended in paragraph (1) describes area codes, province/regency/municipality/agency, capital city, official who has responsibility, abbreviated of areas.
(3) Changing of area code as intended in paragraph (2) is stipulated by Director General based on development of the area after this Ministerial Regulation comes into force.
(4) Based on consideration of efficient and effectively of SKA issuance, Director General on behalf of Minister can stipulate:
(5) SKA Issuance Agency can be revoked it right if:
(1) Every SKA Issuance Agency should have SKA Signer Official who is stipulated by Director General on behalf of Minister.
(2) Candidate of SKA Signer Official as intended in paragraph (1) should fulfill following conditions:
(3) Head of Agency or Official as intended in paragraph (2) who is stipulated as SKA Signer Official at least in duty more than 1 year, except in promotion.
(1) Officer who has responsibility in SKA Issuance Agency proposes Candidate of SKA Signer Officials to the Director.
(2) SKA Issuance Agency proposes at least 2 (two) or maximum 4 (four) candidates of SKA Signer Officials, based on requirement of quantity of SKA issuance.
(3) In proposal of candidates of SKA Issuance Officials, also submitted:
(4) Specimen of signature and official seal authorized to certify SKA as intended in paragraph (3) are made in 60 (sixty) pieces, all in original signatures and official seals by using format as stated in Attachment III of this Ministerial Regulation.
(5) Sample of signatures and official seals as intended in paragraph (4) are submitted to the Director.
(6) Candidates of SKA Signers Officials are proposed and fulfill conditions as intended in paragraph (3) are stipulated as SKA Signer Officials by the Director General on behalf of the Minister.
(1) SKA Signer Officials as intended in Article 4 has right to sign SKA.
(2) if SKA Signer as intended in paragraph (1) has over job and based on consideration of SKA issuing quantity at SKA Issuance Agency, all available SKA Signer Officials can sign SKA.
(3) Official who has responsibility in SKA Issuance Agency based on certain consideration can decides SKA Signer Officer as intended in paragraph (1) to signs SKA.
(1) Replacement of SKA Signer Official can be proposed by Official who has responsibility in SKA Issuance Agency to the Director of Ministry of Trade:
(2) Conditions to propose replacement of SKA Signer Officials are intended in Article 4.
(3) Director General stipulates replacement of SKA Signer Officials once in a year.
(1) Director submits identity of SKA Issuance Agency, name of SKA Signer Official, sample of SKA Issuing Agency's seal, and sample of SKA Signer Official signature as intended in Article 4 paragraph (3) to Representative of the Republic of Indonesia abroad.
(2) Representative of the Republic of Indonesia abroad submits identity of SKA Issuance Agency, name of SKA Signer Official, sample of SKA Issuing Agency's seal, and sample of SKA Signer Official signature as intended in paragraph (1) to authorized government agency in its country.
Every SKA is issued by SKA Issuance Agency should:
(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), stated in Attachment V of this Ministerial Regulation.
SKA Issuance Agency should store and maintain SKA files and their supporting documents at the latest 3 (three) years since date of issuance of SKA.
(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) The destroying of SKA form as intended in paragraph (1), is written in Warrant of SKA Destroying that describes kind of form, serial number and sum of SKA form.
(4) Destroying of SKA form as intended in paragraph (1) is reported periodically to the Director General of Foreign Trade in this case Secretary of the Directorate General of Foreign Trade, Ministry of Trade.
(1) SKA Issuance Agency should report:
(2) Report as intended in paragraph (1) is submitted to the Director General in this case Director every month at the latest 10 of the ensuing month.
With the enforcement of this Ministerial Regulation, SKA Issuer Officials are stipulated based on Regulation of the Minister of Trade No. 24/M-DAG/PER/5/2010 concerning Agencies Issuing Certificate of Origin for Exported Goods of Indonesia still have right to sign SKA until issuing of stipulation new SKA Issuer Officials.
Attachment I, Attachment II, Attachment III, Attachment IV, Attachment V, Attachment VI, and Attachment VII are integral part of this Ministerial Regulation.
This Ministerial Regulation shall come into force on January 1, 2011.
For public cognizance, this Ministerial Regulation shall be promulgated at 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