a. that in the framework to maintain the quality and increase the competency, product image of Indonesia as well as the business certainty for Producers of Technically Specified Indonesian Rubber (SIR), it is necessary to re-arrange the existing regulations;
b. that the existing regulations concerning Technically Specified Indonesian Rubber (SIR) in are no longer suitable so that they need to be revoked and re-arranged;
c. that based on considerations as intended in paragraph a and paragraph b, it is necessary to stipulate a Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 10/1961 concerning Stipulation on Government Regulation in Lieu of Law No. 1/1961 concerning Goods become Law (Statute Book of Republic of Indonesia No. 215/1961, Supplement to Statute Book No. 2210);
3. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of Republic of Indonesia 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 concerning Customs (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
5. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 199/2000, Supplement to Statute Book No. 4020);
6. Presidential Decree No. 260/1967 concerning Confirmation on Tasks and Responsibility of the Minister of Trade in Foreign Trade Sector;
7. Presidential Decree No. 78/2001 concerning National Accreditation Committee;
8. Presidential Decree No. 187/M/2004 concerning Establishment of United Indonesia Cabinet as amended several times, the latest by Presidential Decree No. 171/M/2005;
9. Presidential Regulation No. 9/2005 concerning Position, Tasks, Function, Organization Structure, and Working Flow of the State Ministry of Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 94/2006;
10. Presidential Regulation No. 10/2005 concerning Organization Unit and Tasks of Echelon I of State Ministry of Republic of Indonesia, as amended several times, the latest by Presidential Regulation No. 17/2007;
11. Presidential Regulation No. 11/2005 concerning the Fifth Amendment to Presidential Decree No. 103/2001 concerning Position, Tasks, Function, Authorization, Organization Structure, and Work Flow of Non Ministerial Government Institution;
12. Decree 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;
13. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning Organization and Work Flow of Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
THE REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION ON TECHNICALLY SPECIFIED INDONESIAN RUBBER (SIR) TRADED OVERSEAS.
In this Regulation:
1. Indonesia National Standard, hereinafter called as SNI is standard that was stipulated by National Standardization Board and nationally effective.
2. Technically Specified Rubber/TSR of Indonesia or Standard Indonesian Rubber hereinafter called as SIR is rubber that was obtained from the operation of sap/latex and processed rubber that mechanically comes from the tree of Hevea brasiliensis with or without chemical material, also fulfilling the requirement of SNI quality.
3. Producer Identification Sign hereinafter called as TPP is identity that was given by Ministry of Trade to SIR Producer.
4. SIR Producer is each person, business entity or legal entity that is executing the activity of SIR production either that has owned product certificate of SNI sign usage that was published by Conformity Judgment Institute or that has not owned product certificate of SNI sign usage.
5. Conformity Judgment Institute hereinafter called as LPK is Product Certification Institute that is publishing the Product Certificate of SNI sign usage or Tester Laboratory that is publishing the Test Result Certificate and after accredited by National Accreditation Committee with scope on Technically Specified Rubber/SIR.
6. Product Certificate of SNI Sign Usage hereinafter called as SPPT SNI is a document that was published by Product Certification Institute that is stating that the business actor is able to produce the goods or service that is suitable with SNI requirement (through certification of type 5).
7. National Accreditation Committee, hereinafter called as KAN is Non Structural Institute that was established according to Decision of the President that is responsible to accredit the Conformity Judgment Institute.
8. Test Result Certificate is a document that was published by tester laboratory that is mentioning the test result on sample of goods that has been tested according to specification, test method, and fulfilling the SNI requirement.
9. SIR Tester Laboratory is laboratory of KAN accredited that is executing the test activity to SIR sample.
10. Declaration of Exported Goods hereinafter called as PEB is a customs document that is used for announcement of export execution of goods that can be in the form of written on the form or electronic media.
(1) SIR that is traded to overseas is obliged to fulfill SNI 06-1903-2000 or its revision.
(2) Obligation fulfillment as intended in paragraph 1 is proven with the existence of SPPT SNI or Test Result Certificate.
Each Producer of SIR, is oblige to have Producer Identification Sign (TPP).
TPP is published by the Director General of Foreign Trade of the Ministry of Trade in this case the Director of Monitoring and Controlling of Goods Quality.
To get the TPP:
a. Producer of SIR that has owned SPPT SNI for SIR, is obliged to propose the TPP application to the Director General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality by enclosing:
b. Producer of SIR that has not had SPPT SNI for SIR, is obliged to propose the TPP application to the Director General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality by enclosing:
c. Sample of application letter as intended in paragraph a and paragraph b as stated in Attachment II of this Regulation.
d. Sample of statement of the ability of SIR Producer as intended in paragraph b 5 is as stated in Attachment III of this Regulation.
(1) To assure the correctness on the document that was proposed by the applicator, the Directorate General of Foreign Trade in this case is the Director of Monitoring and Controlling of Goods Quality, is executing the documents examination.
(2) Director General of Foreign Trade in this case is the Director of Monitoring and Controlling of Goods Quality issues TPP if the application fulfilled the requirements or rejection letter for TPP application at least 5 (five) working days since the document was completely accepted.
(3) TPP publishing or rejection letter as intended in paragraph (2) was submitted to Producer of SIR with copy to Agencies of Province and Regional District/Municipality that supervise the trade.
(4) Sample of TPP and rejection letter of TPP application as intended in paragraph (2) is as stated in Attachment IV-a and Attachment IV-b of this Regulation.
(1) TPP that was published was consisted from three digits, with first digit was appointed to area code of Producer, are:
(2) Second and third digits ware appointed the identity of Producer according to alphabet that was adjusted with the company of TPP receiver.
Effectiveness of TPP ownership is during the Producer of SIR is still executing production activity.
(1) Producer of SIR that has obtained TPP is obliged to submit the report of selling realization and production, once in 3 (three) months to the Director General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality with copy to Executive Director of GAPKINDO.
(2) Sample of report of selling realization and production as intended in paragraph (1) is as stated in Attachment V of this Regulation.
(1) Directorate General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality is executing the evaluation on the production activity of SIR Producer for once in 2 (two) years based on the report of selling realization and production.
(2) If there is a objection concerning working uncertainty of the Producer of SIR that has obtained TPP, the Directorate General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality together with Secretariat General of the Ministry of Trade in this case the Standardization Central and GAPKINDO shall execute the verification.
(3) Evaluation result as intended in paragraph (1) and verification result as intended in paragraph (2) are used as consideration material for the effectiveness of TPP ownership.
(1) In case there is a change of ownership, company name or legal entity, new Producer of SIR shall obtain TPP with recent identity by proposing the application to the Director General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality by enclosing the following requirements:
(2) Sample of application as intended in paragraph (1) is as stated in Attachment II of this Regulation.
(1) TPP and SIR Symbol is only mentioned at the product that was produced by the Producer of SIR that has owned TPP and fulfill the requirement of SNI 06-1903- 2000 or its revision.
(2) Provision concerning letter and TPP sign, SIR Symbol and SIR Package is following the provision of SNI 06- 1903-2000 or its revision.
(1) Producer of SIR that has owned TPP but SPPT SNI was cancelled by LPK or over for its expired date, shall re obtain SPPT SNI in 6 (six) months that was calculated since the cancellation date or end of the expired date.
(2) If in period as intended in paragraph (1), the Producer of SIR has not obtained SPPT SNI, than its TPP shall be cancelled.
(3) Sample of cancellation letter for TPP as intended in paragraph (2) is as stated in Attachment VI of this Regulation.
(1) TPP that has already given shall be cancelled if the Producer of SIR:
(2) TPP cancellation is executed by the Director General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality with copy to Agencies of Province and District/Municipality that are supervise the trading, and the Director General of Customs and Excise.
(3) Sample of TPP cancellation letter as intended in paragraph (1) is as stated in the Attachment VI of this Regulation.
To be able executing the conformity judgment to the Producer of SIR, LPK shall be accredited by KAN with scope of SIR and listed at the Secretariat General of the Ministry of Trade in this case Standardization Central.
(1) LPK registration as intended in Article 15 is executed by proposing the registration application to the Secretary General of Ministry of Trade in this case Head of Standardization Central by filling the form of registration application.
(2) Form of registration application is enclosed with:
(3) Sample of from of LPK registration application as intended in paragraph (1) is as stated in the Attachment VII of this Regulation.
(1) Secretary General of the Ministry of Trade in this case Head of Standardization Central is publishing Registration Decision or rejection letter of LPK registration application at least 5 (five) working days since the application was completed accepted.
(2) Effectiveness of Decision of LPK Registration is 3 (three) years and can be extended.
(3) Samples of Decision of LPK Registration and Rejection letter of LPK Registration as intended in paragraph (1) are as stated in the Attachment VIII-a and Attachment VIII-b of this Regulation.
(1) To extend the effectiveness of Decision of LPK Registration, related LPK shall propose the application to Secretary General of the Ministry of Trade in this case Head of Standardization Central by filling the form of re-registration application and enclosing the document as intended in Article 16 paragraph (2).
(2) Sample of form of LPK re-registration application as intended in paragraph (1) is as stated in the Attachment IX of this Regulation.
Registered LPK is obliged to submit the report once in 3 (three) months to Secretary General of the Ministry of Trade in this case Head of Standardization Central by enclosing:
If there was a complaint concerning LPK working that has obtained Registration Decision, Secretariat General of the Ministry of Trade in this case Standardization Central together with KAN shall execute the verification.
(1) Decision of LPK Registration shall be cancelled if:
(2) SPPT SNI that was published by effective LPK until with the end of its effectiveness in case LPK as the publisher of SPPT SNI was cancelled its registration and next monitoring shall be executed by the Secretariat General of Ministry of Trade in this case Standardization Central.
(3) Sample of cancellation letter as intended in paragraph (1) is as stated in the Attachment X of this Regulation.
Monitoring to SIR that was traded to overseas was executed by the Directorate General of Overseas Trading in this case the Directorate of Monitoring and Controlling of Goods Quality.
SIR that was traded to overseas shall come from the Producer of SIR that is having TPP.
To trade SIR to overseas, the Producer of SIR shall own TPP and fulfill the provision as follow:
(1) Founding to Producer SIR that has owned TPP and registered LPK was executed by the Directorate of Monitoring and Controlling of Goods Quality, Standardization Central of the Ministry of Trade and Agencies of Province/ District/Municipality that are supervise the trading.
(2) Founding as intended in paragraph (1) shall be in the form of technical founding, information, training, and consultation.
(1) Producer of SIR that has owned TPP before the effectiveness of this Regulation, is obliged to propose the re application to the Director General of Foreign Trade in this case the Director of Monitoring and Controlling of Goods Quality to obtain the TPP with identity is suitable with owned TPP at least in time period for 1 (one) year since the effectiveness of this Regulation, by enclosing:
(2) Sample of application letter as intended in paragraph (1) is as stated in Attachment II of this Regulation.
Producer of SIR that has owned TPP before the effectiveness of this Regulation and did not propose the application of re registration at least 1 (one) year as intended in Article 26 sentence 1, TPP that was owned was stated no longer valid.
With the effectiveness of this Regulation, than:
was stated deleted and no longer valid.
This Regulation shall take effect for 6 (six) months as from the stipulated date.
For public cognizance, this Regulation shall be published by placing it in State Gazette of Republic of Indonesia.
Stipulated in Jakarta
on April 8, 2008
THE MINISTER OF TRADE,
signed,
MARxI ELKA PANGESTU