REGULATION OF THE MINISTER OF TRADE
No. 53/M-DAG/PER/12/2010

CONCERNING
AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 43/M-DAG/PER/9/2009 CONCERNING THE PROCUREMENT, CIRCULATION, SALES, SUPERVISION, AND CONTROL OF ALCOHOLIC DRINKS

BY THE GRACE OF ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

a. that alcoholic drink is kind of drink that is consumed by limited group of people in Indonesia with certain reasons, so it is necessary to restrict quantity and importers of alcoholic drink;

b. that based on consideration as intended in paragraph a an to make conducive business atmosphere in relation with economic of scale, it is necessary to amend several provisions in Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Drink;

c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

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

2. Emergency Law No. 7 of 1955 concerning the Investigation, Prosecution and Trial of Economic Criminal Offences (Statute Book No. 27 of 1955, Supplement to Statute Book No. 801) as amended several times, the latest by Government Regulation in lieu of Law No. 1 of 1971 (Statute Book No. 55 of 1971, Supplement to Statute Book No. 2966);

3. Government Regulation in lieu of Law No. 8 of 1962 concerning the Trade of Goods under Surveillance (Statute Book No. 42 of 1962, Supplement to Statute Book No. 2469);

4. Law No. 3 of 1982 concerning Obligatory Company Registration (Statute Book No. 7 of 1982, Supplement to Statute Book No. 3214;

5. Law No. 5 of 1984 concerning Industrial Affairs (Statute Book No. 22 of 1984, Supplement to Statute Book No. 3274);

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

7. Law No. 10 of 1995 concerning Customs (Statute Book No. 75 of 1995, Supplement to Statute Book No. 3612) as amended by Law No. 17 of 2006 (Statute Book No. 93 of 2006, Supplement to Statute Book No. 4661);

8. Law No. 11 of 1995 concerning Excise (Statute Book No. 76 of 1995, Supplement to Statute Book No. 3613) as amended by Law No. 39 of 2007 (Statute Book No. 105 of 2007, Supplement to Statute Book No. 4755);

9. Law No. 7 of 1996 concerning Food (Statute Book No. 99 of 1996, Supplement to Statute Book No. 3656);

10. Law No. 5 of 1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book No. 33 of 1999, Supplement to Statute Book No. 3806);

11. Law No. 8 of 1999 concerning Consumer Protection (Statute Book No. 42 of 1999, Supplement to Statute Book No. 3821);

12. Law No. 36 of 2000 concerning the Passage of Government Regulation in lieu of Law No. 1 of 2000 concerning Free Trade Zone and Free Port into Law (Statute Book No. 251 of 2000, Supplement to Statute Book No. 4053) as amended by Law No. 44 of 2007 concerning the Passage of Government Regulation in lieu of Law (Statute Book No. 130 of 2007, Supplement to Statute Book No. 4775);

13. Law No. 32 of 2004 concerning Regional Government (Statute Book No. 125 of 2004, Supplement to Statute Book No. 4437) as amended several times, the latest by Law No. 12 of 2008 (Statute Book No. 59 of 2008, Supplement to Statute Book No. 4844);

14. Law No. 29 of 2007 concerning the Government of Special Province of Jakarta as the Capital of the Unitary State of the Republic of Indonesia (Statute Book No. 93 of 2007, Supplement to Statute Book No. 4744);

15. Law No. 39 of 2008 concerning State Ministries (Statute Book No. 166 of 2008, Supplement to Statute Book No. 4916);

16. Law No. 36 of 2009 concerning Health (Statute Book No. 144 of 2009, Supplement to Statute Book No. 5063);

17. Government Regulation No. 11 of 1962 concerning the Trade of Goods under Surveillance (Statute Book No. 46 of 1962, Supplement to Statute Book No. 2473) as amended by Government Regulation No. 19 of 2004 (Statute Book No. 68 of 2004, Supplement to Statute Book No. 4402);

18. Government Regulation No. 69 of 1999 concerning Food Label and Advertisement (Statute Book No. 131 of 2004, Supplement to Statute Book No. 3867);

19. Government Regulation No. 28 of 2004 concerning Food Security, Quality and Nutrition (Statute Book No. 107 of 2004, Supplement to Statute Book No. 4424);

20. Government Regulation No. 38 of 2007 concerning the Sharing of Government Affairs between the Government, Provincial Governments and Regency/Municipal Governments (Statute Book No. 82 of 2007, Supplement to Statute Book No. 4737);

21. Government Regulation No. 32 of 2009 concerning Bonded Hoarding Place (Statute Book No. 61 of 2009, Supplement to Statute Book No. 4998);

22. Presidential Decree No. 260 of 1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;

23. Presidential Decree No. 3 of 1997 concerning the Supervision and Control of Alcoholic Drinks;

24. Presidential Decree No. 84/P of 2009 concerning the Formation of Second United Indonesia Cabinet;

25. Presidential Regulation No. 47 of 2009 concerning Establishment and Organization of State Ministries;

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

27. Decree of the Minister of Trade No. 314/KP/VIII/74 concerning the Circulation, Import and Export of Drugs, Foods, Beverages, Cosmetics and Health Instruments;

28. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 concerning Goods Subject to Import Regulations as amended several times, the latest by Decree of the Minister of Industry and Trade No. 406/MPP/Kep/6/2004;

29. Regulation of the Minister of Finance No. 89/PMK.04/2007 concerning Import of Personal Goods of Passengers, Carrier Crews, Border Crossers and Delivery Goods;

30. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning the Issuance of Trading Business Permits (SIUP) as amended by Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009;

31. Regulation of the Minister of Trade No. 37/M-DAG/PER/9/2007 concerning Obligatory Company Registration;

32. Regulation of the Minister of Trade No. 20/M-DAG/PER/5/2009 concerning Provisions on and Procedures of Supervision Goods and/or Services;

33. Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Drink;

34. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer’s Identity No. (API) as amended by Regulation of the Minister of Trade No. 17/M-DAG/PER/3/2010;

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

36. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 43/M-DAG/PER/9/2009 CONCERNING THE PROCUREMENT, CIRCULATION, SALES, SUPERVISION, AND CONTROL OF ALCOHOLIC DRINKS

Article I

Several provisions in Regulation of the Minister of Trade No. 43/M-DAG/PER/9/2009 concerning The Procurement, Circulation, Sales, Supervision, and Control of Alcoholic Drink shall be amended as follows:

1. Article 6 shall be amended so as to read as follows:

"Article 6

(1) Companies importing alcoholic drinks of class A, class B and/or class C as intended in Article 3 shall obtain IT-MB status from the Minister.

(2) To obtain IT-MB status as intended in paragraph (1), the companies shall file written applications to the Minister through the Dirjen Daglu, complete with the following documents:

• a. Copy of Importer Identity Number (API);
• b. Copy of Company Registration Number (TDP);
• c. Copy of Alcoholic Drink Trade Permit (SIUP-MB) Distributor that shows company has experience as Distributor of Alcoholic Drink for 3 (three) years;
• d. Copy of Taxpayer Code Number (NPWP);
• e. Copy of Customs Identification Number (NIK);
• f. Copy of letter of appointment from 20 (twenty) principals of brand holder/factory abroad for the minimum purchase of 3,000 (three thousand) cartons per brand per year by showing the original letter of appointment validated by a Public Notary and Trade Attaches/Consult in economics field in the country of origin;
• g. A written Statement from Factory that states principal/representative of band holder has authority to point Distributor abroad that is legalized by Trade Attaches or diplomatic/consult official in economic field in the country of origin;
• h. Copy of cooperation agreement with Sub Distributor, Direct Seller or Retailer of Alcoholic Drink for minimum in 6 (six) provinces; and
• i. Statement letter of applicant that state the agreement as intended in paragraph h is right and signed in the sufficient duty stamp.

(3) The Minister shall issue IT-MB status no later than 5 (five) working days after the applications as intended in paragraph (2) have been received in a complete and correct manner.

(4) Based on certain considerations, the Minister can appoint a state owned company (BUMN) and/or regional government owned company (BUMD), by the government as IT-MB whose sales is subject to duty (duty paid).

(5) The certain considerations as intended in paragraph (4) can be in the form of:

• a. the scarcity of alcoholic drinks;
• b. the condition in which IT-MB is unable to realize import."

2. Article 8 shall be amended so as to read as follows:

"Article 8

(1) The allocation of the types and quantities of alcoholic drinks that can be imported to meet consumption needs shall be set based on the pattern of distribution in the fulfilment of consumption needs for alcoholic drinks whose sales is subject to duty (duty paid) and is not subject to duty (duty not paid).

(2) The consumption needs for alcoholic drinks whose sales is not subject to duty (duty not paid) as intended in paragraph (1) shall be imported by BUMN appointed by the Minister.

(3) The Minister shall every year set the allocation of types and quantities of alcoholic drinks to meet national needs by considering:

• a. for the duty paid need:
• 1. imports in the last 3 (three) years to meet needs to duty paid;
• 2. the total number of applications from IT-MB;
• 3. the estimate of overseas tourist arrivals and needs from hotels, pubs, bars and restaurants grouped in the Indonesian Association of Hotels and Restaurants.
• b. for the duty paid need, based on realization of import in the last 3 (three) years.

(4) In case prediction as intended in paragraph (3) a 3 is not available in certain period, stipulation of allocation of kinds and quantity of imported alcoholic drink for duty paid need will be stipulated based on consideration as intende in paragraph (3) a 1 and 2.

(5) Allocation of imported alcoholic drink as intended in paragraph (3) a for next allocation year will be divided for:

• a. 80% (eighty percent) in proportional for IT^MB that already get allocation to import alcoholic drink in the current allocation year; and
• b. 20% (twenty percent) in average for IT-MB that not get allocation to import alcoholic drink.

(6) Allocation to import alcoholic drink as intended in paragraph (5) is stipulated on April 1 every year.

(7) Allocation to import alcoholic drink to IT-MB as intended in paragraph (5) b is less than IT-MB as intended in paragraph (5) a.

(8) Allocation to import alcoholic drink to IT-MB as intended in paragraph (7) maximum 80% (eighty percent) of the smallest allocation for IT-MB as intended in paragraph (5) a.

(9) In case 20% (twenty percent) allocation to import alcoholic drink as intended in paragraph (5) b not be divided all, the rest of location to import alcoholic drink will be divided in average to IT-MB as intended in paragraph (5) a.

(10) In case no stipulation of new IT-MB, 20% (twenty percent) allocation to import alcoholic drink as intended in paragraph (5) b will be divided in average to IT-MB as intended in paragraph (5) a."

3. Between Article 8 and Article 9 is inserted 1 (one) article, that is Article 8A, read as follows:

"Article 8A

(1) The import allocation of alcoholic drinks as intended in Article 8 paragraph (5) for IT-MB shall be granted by the Minister in the form of import approval per year.

(2) To get import approval letter as intended in paragraph (1), IT-MB shall propose application to the Minister by attached copy of IT-MB at the latest 15 (fifteen) days before the current year.

(3) IT-MB that has secured the allocation as intended in paragraph (5) shall conduct import themselves.

(4) In case IT-MB already get approval to import alcoholic drink as intended in paragraph (2) not realize to import alcoholic drink, allocation to import alcoholic drink can be transfer to other IT-MB based on approval from the Minister.

(5) Allocation to import alcoholic drink as intended in paragraph (4) can be transferred to:

• a. IT-MB that is not realize to import alcoholic drink; and/or
• b. IT-MB in certain period only realizes a small quantity to import alcoholic drink."

4. Article 10 shall be amended so as to read as follows:

"Article 10

The Minister can delegate the authority to grant IT-MB status as intended in Article 6 paragraph (3), set the allocation of types and quantities of alcoholic drinks as intended in Article 8 paragraph (3), and issue import approvals as intended in Article 8A paragraph (1), approval to transfer as intended in Article 8A paragraph (4) to Dirjen Daglu."

5. Article 14 shall be amended so as to read as follows:

"Article 14

(1) Alcoholic drink of class B and/or class C shall be sold by Direct Seller in certain places for direct drink.

(2) Alcoholic drink of class A shall be sold by Direct Seller in certain places as intended in paragraph (1) and/or in other places according to this Ministerial Regulation for direct drink.

(3) The designated places as intended in paragraph (1) are:

• a. three, four and five star hotels;
• b. restaurants with Talam Kencana and Talam Selaka signs; and
• c. bars including pubs and night clubs.

(4) Alcoholic drinks of class B and/or class C sold in designated places as intended in paragraph (2) a. can be taken to drink at hotel rooms on condition each package contains a maximum of 187 ml (one hundred and eighty seven millilitres).

(5) In regions that do not have designated places as intended in paragraph (2), regents/mayors, after considering the activities of foreign tourists in their areas, can declare other designated places for direct sellers to sell alcoholic drinks of class B and/or class C in the capitals of the regencies/municipalities or other locations based on this Ministerial Regulation."

6. Article 23 shall be amended so as to read as follows:

"Article 23

(1) Applications for SlUP-MB for Distributor and Sub-distributor can only be filed by companies owned by Indonesian citizens.

(2) Applications for SlUP-MB for Distributor or Sub-distributor of alcoholic drinks of class B and/or class C shall be filed to Dirjen PDN, by filling SP SlUP-MB as intended in Attachment III to this Ministerial Regulation.

(3) Applications for change in SIUP-MB Distributor for IT-MB of alcoholic drink of class B and/or class C shall be filed to Dirjen PDN, by filling applications for change in SIUP-MB (SP SIUP-MB) as intended in Attachment III to this Ministerial Regulation.

(4) Applications for SIUP-MB for Sub Distributor as intended in paragraph (1) can be filed by companies in the form of corporate body, individual or association, complete with:

• a. a letter of appointment from Producer or IT-MB or Distributor or combination of them as Sub Distributor;
• b. a recommendation on the objection and legality of company from the Governor in this case the Head of Provincial Agency based on an Warrant on Field Research conducted on the company from local Regency/Municipality Agency;
• c. SIUP Medium;
• d. Company registration number (TDP);
• e. Taxpayer code number (NPWP);
• f. Excisable goods company code number (NPPBKC), for companies extending SIUP-MB;
• g. Notary Deeds of Corporation/Amendment of Limited Company;
• h. Plan for the sales of alcoholic drinks in the next 1 (one) year; and
• i. A letter of statement written on paper with duty stamp stating not to sell alcoholic drink by retail.

(5) Applications for SIUP-MB for Distributor as intended in paragraph (1) can only be filed by companies which come in the form of Limited Company and have legal entities, complete with:

• a. Deeds of corporation from the Limited Company and validation of legal entity by authorized official and notary deeds of amendment (if any);
• b. letter of appointment from the producer and/or IT-MB as a distributor;
• c. a recommendation on the objection and legality of company from the Governor in this case the Head of the Provincial Agency based on an official report on field research conducted on the company from the regent/mayor;
• d. SIUP, medium or large;
• e. company registration number (TDP);
• f. taxpayer code number (NPWP);
• g. excisable goods company code number (NPPBKC), for a company extending SIUP-MB;
• h. a plan for the sales of alcoholic drinks in the next 1 (one) year; and
• i. a letter of statement written on a paper with duty stamp stating not to sell alcoholic drinks by retail.

(6) Application for change in SIUP-MB Distributor for IT-MB as intended in paragraph (3), complete with:

• a. original SIUP-MB as Distributor;
• b. Notary deeds of amendment (if any); and
• c. decision on status as IT-MB.

(7) Applications for SIUP-MB for TBB shall be filed to the Governor in this case the Head of the Provincial Agency by filling SPSIUP-MB as intended in Attachment III to this Ministerial Regulation, complete with:

• a. a letter of appointment from IT-MB as TBB;
• b. Business Place Permit (SITU) especially for alcoholic drinks;
• c. TBB permit from the Minister of Finance;
• d. SIUP, medium or large;
• e. company registration number (TDP);
• f. taxpayer code number (NPWP);
• g. excisable goods company code number (NPPBKC) for a company extending SIUP-MB;
• h. notary deeds of corporation/amendment for a Limited Company; and
• i. a plan for the sales of alcoholic drinks in the next 1 (one) year.

(8) Applications for SIUP-MB for direct seller, retailer other than TBS and direct seller and/or retailer of alcoholic drink of class B containing spice, herbal medicines and the like, shall be filed to the Regent/Mayor in this case the Head of the Regency/Municipal Agency and the Governor of DKI Jakarta in this case the Head of the Provincial Agency by filling SP SIUP-MB as intended in Attachment III to this Ministerial Regulation.

(9) Applications for SIUP-MB for direct seller as intended in paragraph (8) can only be filed by company in the form of legal entity, individual or firm by attaching the requirements as follows:

• a. 3, 4 and 5 star hotels, restaurant with Talam Kencana and Talam Selaka signs and bars, pubs or night clubs:
• 1. A letter of appointment from Producer or IT-MB or Distributor or combination of them as Sub Distributor;
• 2. SIUP and/or permanent business permit especially for 3, 4, and 5 star hotels, or business permit for restaurant with Talam Kencana and Talam Selaka signs, or bar, pub or night club business permit from the authorized agency;
• 3. Business Place Permit (SITU) especially for alcoholic drinks;
• 4. company registration number (TDP);
• 5. taxpayer code number (NPWP);
• 6. excisable goods company code number (NPPSKC), for a company extending SIUP-MB;
• 7. Notary deeds of corporation of Limited Company and the validation of legal entity from the authorized official and notary deeds of amendment (if any) when the company come in the for Limited Company;
• 8. A plan for the sales of alcoholic drinks for the next 1 (one) year.
• b. Direct Seller, retailer in other designated place, and direct seller and/or retailer of alcoholic drinks of class B containing spice, herbal medicines and the like, attached with:
• 1. Letter of appointment from Producer or IT-MB or Distributor or Sub Distributor or combination of them as Direct Seller of alcoholic drink in other certain places, Retailer of alcoholic drink in other places, and Direct Seller and/or Retailer of class B alcoholic drink containing spice, herbal medicine and the like;
• 2. A recommendation on the location of company for alcoholic drink from local Head of District;
• 3. Business Place Permit (SITU) especially for alcoholic drinks;
• 4. SIUP, small or medium;
• 5. Company Registration Number (TDP);
• 6. Taxpayer Code Number (NPWP);
• 7. Excisable Goods Company Code Number (NPPSKC), for a company extending SIUP-MB;
• 8. Notary Deeds of Corporation/Amendment for Limited Company; and
• 9. A plan for the sales of alcoholic drinks in the next 1 (one) year.

(10) 1 (one) copy of each of the requirements as intended in paragraph (4), paragraph (5), paragraph (6) b and c, paragraph (7) and paragraph (9) by showing original documents."

7. Article 31 shall be amended so as to read as follows:

"Article 31

Anybody or company is banned from selling alcoholic drinks of class A, class B and class C in packages by retail and/or directly selling alcoholic drinks of class A, class B and class C for drinking on the spot in the following locations:

• a. youth center, sidewalk vendor, bus terminal, railway station, kiosk, youth lodging and camping ground;
• b. places close to place of worship, school, hospital, and residential area; and
• c. other designated places set by Regents/Mayors or the Governor of DKI Jakarta by considering the condition of each region."

8. Article 35 shall be amended so as to read as follows:

"Article 35

The supervision and control as intended in Article 34 shall be done as follows:

(1) The Minister shall conduct supervision within the framework of controlling the circulation of alcoholic drinks as intended in Article 34 in coordination with relevant ministers.

(2) The supervision as intended in Article 34 shall be done by Dirjen Daglu, Dirjen PDN, and Director General of Standardization and Consumer Protection according to their tasks and functions by coordination with Regional Government.

(3) Governors shall coordinate efforts to supervise the circulation and sales of alcoholic drinks according to their working areas.

(4) In supervising the circulation and sales of alcoholic drinks, Regents/Mayors shall form an integrated team consisting of:

• a. The Agency whose task and responsibility cover the trade sector;
• b. The Agency whose task and responsibility cover the industrial sector;
• c. The Agency whose task and responsibility cover the health sector;
• d. The Agency whose task and responsibility cover the tourism sector;
• e. The Agency whose task and responsibility cover the security and public order sector;
• f. Drug and Food Control Agency according to working area; and
• g. Other relevant agencies.

(5) The integrated team as intended in paragraph (4) is led by the Head of The Agency whose task and responsibility covers the trade sector.

(6). In conducting supervision as intended in paragraph (4) the integrated team involves police personnel as a supporting element.

(7) The activities of the integrated team as intended in paragraph (4) are financed by the regional government budget."

9. Article 36 shall be amended so as to read as follows:

"Article 36

(1) Producers or IT-MB shall report any appointment of distributor, sub distributor, direct seller and/or retailer as intended in Article 11 paragraph (1) to Dirjen PDN in this case the Director of Basic Materials and Strategic Goods, complete with a photocopy of written agreement.

(2) Distributors shall report any appointment of Sub distributor, direct seller and/or retailer as intended in Article 11 paragraph (6) to Dirjen PDN in this case the Director of Basic Materials and Strategic Goods, complete with a photocopy of written agreement.

(3) Sub distributors shall report any appointment of direct seller and/or retailer as intended in Article 12 paragraph (4) to Dirjen PDN in this case the Director of Basic Materials and Strategic Goods, complete with a photocopy of written agreement.

(4) IT-MB shall report any appointment of TBB as a retailer as intended in Article 11 paragraph (2) to Dirjen PDN in this case the Director of Basic Materials and Strategic Goods, complete with a photocopy of written agreement."

10. Article 37 shall be amended so as to read as follows:

"Article 37

(1) IT-MB of class A, class B, and class C shall report the realization of their imports once every 3 (three) months to Dirjen Daglu in this case the Import Director, with copies addressed to:

• a. The Director General of Domestic Trade;
• b. The Director General of Agro Industries, Industry Ministry;
• c. The Director General of Tourism Destination Development, Culture and Tourism Ministry;
• d. The Director General of Taxation, Ministry of Finance;
• e. The Director General of Customs and Excise, Ministry of Finance; and
• f. The Drug and Food Control Agency.

(2) The report as intended in paragraph (1) shall be sent no later than 15 (fifteen) calendar days after the arrival date of goods at the port of unloading using a form as intended in Attachment V to this Ministerial Regulation."

11. Article 38 shall be amended so as to read as follows:

"Article 38

(1) IT-MB shall report the circulation of alcoholic drinks of class A, class B and class C to Dirjen Daglu in this case the Import Director.

(2) Distributors and sub distributors of alcoholic drinks shall report the circulation of alcoholic drinks of class B and class C to Dirjen PDN in this case the Director of Basic Material and Strategic Goods.

(3) Copies of the report as intended in paragraph (1) and paragraph (2) shall be addressed to:

• a. the Director General of Taxation, Ministry of Finance;
• b. the Director General of Customs and Excise, Ministry of Finance;
• c. the Head of the Drug and Food Supervisory Board;
• d. the Director of Supervision of Goods in Circulation and Services, Ministry of Trade;
• e. the Head of the Provincial Agency; and
• f. the Head of the Regency/Municipal Agency.

(4) PTBB selling alcoholic drinks shall report the circulation and sales of alcoholic drinks of class A, class B and class C to the Governor in this case the Head of the Provincial Agency, with copies addressed to:

• a. The Director General of Domestic Trade, Ministry of Trade;
• b. The Director General of Taxation, Ministry of Finance;
• c. The Director General of Customs and Excise, Ministry of Finance;
• d. The Head of the Drug and Food Supervisory Board; and
• e. The Head of the Regency/Municipal Agency.

(5) Direct sellers and retailers shall report the sales f alcoholic drinks to the Regent/Mayor in this case the Head of the Regency/Municipal Agency, with a copy addressed to the Governor in this case the Head of the Provincial Agency or the Governor of DKI Jakarta in this case the Head of the Provincial Agency.

(6) Direct sellers and/or retailers of alcoholic drinks of class B containing spice, herbal medicines and the like shall report the sales of alcoholic drinks of class B to the Regent/Mayor in this case the Head of the Regency/Municipal Agency with a copy addressed to the Governor in this case the Head of the Provincial Agency or the Governor of DKI Jakarta in this case the Head of the Provincial Agency.

(7) The reports as intended in paragraph (1), paragraph (2), paragraph (4), paragraph (5) and paragraph (6) shall be submitted every quarter in the current calendar year as follows:

• - Reports in the quarter I are submitted on March 31;
• - Reports in the quarter II are submitted on June 30;
• - Reports in the quarter III are submitted on September 30; and
• - Reports in the quarter IV are submitted on December 31;

(8) The models of the reports as intended in paragraph (1), paragraph (2), paragraph (4), paragraph (5) and paragraph (6) shall follow those contained in Attachment VI to this Ministerial Regulation."

12. Between Article 39 and Article 40 is inserted 1 (one) article, that is Article 39A, read as follows:

"Article 39A

(1) Head of the Regency/Municipal Agency submit report of issuance SIUP-MB for Direct Seller and/or Retailer to Head of Province Agency and the copy is submitted to Dirjen PDN in this case Director of Basic Materials and Strategic Goods.

(2) Report as intended in paragraph (1) is submitted in every 3 (three) months at the latest on 15 of ensuing months."

13. Article 43 shall be amended so as to read as follows:

"Article 43

IT-MB violating provisions in Article 8A paragraph (3), Article 9 paragraph (1), Article 28 and Article 33 of this Ministerial Regulation shall be liable to a sanction by having their IT-MB status revoked and/or a criminal sanction according to the laws and regulations."

Article II

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

For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On December 28, 2011
THE MINISTER OF TRADE
signed,
MARI ELKA PANGESTU