to Indonesian
a. that animal and animal products are basic and strategic commodities as food and raw materials of industry;
b. that in the framework to supply of demand of animal and animal products foods and to support food sustainability and food self supply, as well as to implement provision of Article 15 paragraph (3), Article 16 paragraph (2), and Article 59 paragraph (1) of Law No. 18/2009 concerning Animal Husbandry and Health, it is necessary to manage import and export of animal and animal products;
c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to stipulate a Regulation of the Minister of Trade;
In view of:
1. Trade Law 1934 (Statute Book No. 86/1938) as been amended and supplemented;
2. Law No. 3/1982 concerning Compulsory of Company Registration (Statute Book No. 7/1982, Supplement to Statute Book No. 3214);
3. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);
4. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
5. 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);
6. Law No. 7/1996 concerning Food (Statute Book No. 99/1996, Supplement to Statute Book No. 3656);
7. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3817);
8. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3B21);
9. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
10. Law No. 18/2009 concerning Animal Husbandry and Health (Statute Book No. 84/2009, Supplement to Statute Book No. 5015);
11. Government Regulation No. 22/1983 concerning Veterinary Public Health (Statute Book No. 28/1983, Supplement to Statute Book No. 3253);
12. Government Regulation No. 82/2000 concerning Animal Quarantine (Statute Book No. 161/2000, Supplement to Statute Book No. 4002);
13. Government Regulation No. 68/2002 concerning Food Sustainability (Statute Book No. 142/2002, Supplement to Statute Book No. 4254);
14. Government Regulation No. 28/2004 concerning Food Safety, Quality and Nutrition (Statute Book No. 107/2004, Supplement to Statute Book No. 4424);
15. Government Regulation No. 21/2005 concerning Biological Safety of Genetic Engineering Products (Statute Book No. 44/2005, Supplement to Statute Book No. 4498);
16. 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);
17. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
18. Presidential Decree No. 84/P/2009 concerning Establishment of Unity Indonesia Cabinet II;
19. Presidential Regulation No. 47/2009 concerning Establishment and Organization of the State Ministries;
20. Presidential Regulation No. 24/2010 concerning Position, Task, and Function of State Ministries as well as Organization Structure, Task, and Function of First Echelon of State Ministries;
21. 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;
22. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011;
23. Regulation of the Minister of Trade Number 54/M-DAG/PER/9/2009 concerning General Provision in the Import Field;
24. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Working Procedure of the Ministry of Trade.
DECIDES:
To stipulate:
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION ON THE IMPORT AND EXPORT OF ANIMAL AND ANIMAL PRODUCTS
CHAPTER I
GENERAL PROVISION
Article 1
In this Ministerial Regulation:
1. Animal is animal or wild animal which the entire or part of its live cycle is on land, water and/or air, either reared or within its habitat.
2. Animal germs hereinafter called as animal has superior nature are animal having superior nature, bequeathing and complying with certain requirements for breeding development.
3. Animal germs hereinafter called as germs are reproduction material that may be in the form of cement, sperm, ova, bud egg, and embryo.
4. Prospective animal hereinafter called as non-germ animal is animal that has superior nature to be reared for producing purpose.
5. Animal products are all products originating from fresh animal or processed for consumption purpose, for pharmaceutical, agriculture and/or other use to fulfill human need and benefit.
6. Zoonosist is disease that may infect from animal to human being or the other way round.
7. Import is activity to enter goods into Customs Area.
8. Export is activity to release goods from Customs Area.
9. Registered Importer of Animal and Animal Products, hereinafter called IT Animal and Animal Products, is company that import Animal and/or Animal Products for the business activities purposed by trade or transferred the to other pariies.
10. Coordination Meeting is meeting inter agencies, that is conducted by Coordinator Ministry of Economics Affairs.
11. Import Approval is approval to import Animal and/or Animal Products.
12. Export Approval is approval to export Animal and/or Animal Products.
13. Recommendation is explanation letter that is issued by related technical agency/unit authorized official, that is required to obtain import approval and export approval.
14. Minister is minister that conducts government tasks in trade sector.
15. Director General is Director General of Foreign Trade, Ministry of Trade.
Article 2
(1) Germ, Animal has superior nature and/or Prospective animal in this Ministerial Regulation are grouped in Animal category.
(2) Animal and Animal products are regulated on the importation as stated in Attachment I and Attachment II that is integral parts of this Ministerial Regulation.
(3) Animal and Animal products are regulated on the exportation as stated in Attachment III that is integral parts of this Ministerial Regulation.
Article 3
(1) Animal as intended in Article 2 paragraph (2) can be imported for:
a. a. improve quality and genetic variety;
b. develop knowledge and technology;
c. overcome domestic short germs, seeds and/or Prospective animal; and/or
d. cover the requirements of research and development.
(2) Import of Animal Products as intended in Article 2 paragraph (2) only can be conducted if domestic production and supply of Animal Products not enough for public consumption with reachable price.
(3) Export of Animal as intended in Article 2 paragraph (3) only can be conducted if domestic demand on Germ, Animal has superior nature and/or Prospective animal has fulfilled and sustainability local ruminant.
(4) National allocation for fresh Animal and Animal Products that can be imported as attached in Attachment II of this Ministerial Regulation will be stipulated annually based on result of Coordination Meeting in Ministers level, by consideration to production and demand on domestic consumption.
(5) Allocation on the import of fresh Animal and Animal Products as stated in Attachment II of this Ministerial Regulation for each IT Animal and Animal Products will be stipulated every semester based on Coordination Meeting result in First Echelon level by consideration to national allocation as intended in paragraph (4).
(6) Stipulation of import of Animal and Animal Products as intended in paragraph (5) based on following considerations:
a. Capacity of temporary animal quarantine installation;
b. Maximum Loading Capacity; and
c. Past performance value.
CHAPTER II
IMPORT OF ANIMAL AND ANIMAL PRODUCTS
Article 4
(1) Animal and Animal Products as stated in Attachment II of this Ministerial Regulation only can be imported by companies that are stipulated as IT of Animal and Animal Products.
(2) To obtain stipulation as IT of Animal and Animal Products as intended in paragraph (1), companies shall file application to the Minister, in this case Director General, accompanied with:
a. photocopy of Trading Business License (SIUP) or Business License in the animal and animal products field;
b. photocopy of Company Registration (TDP);
c. photocopy of Taxpayer Coder Number (NPWP);
d. photocopy of Importer’s Identity Number (API); and
e. ownership evidence of breeding place and ownership evidence of Animal Prospective House or agreement with Animal Prospective House that fulfill standard based on provision in legislation, for Prospective animal; or
f. Ownership evidence on the cold storage place and ownership evidence on the reefer transportation, for Animal Products.
(3) Director General on behalf of Minister shall stipulate as IT of Animal and Animal Products within 5 (five) working days after Team conduct field verification to match documents as intended in paragraph (2).
(4) Verification as intended in paragraph (3) shall be conducted within 3 (three) working days after complete application is received.
(5) Team as intended in paragraph (3) is consists of officials are stipulated by Director General.
(6) In case in verification result as intended in paragraph (3) there is not right data, Director General will reject issuance of stipulation as IT of Animal and Animal Products.
(7) Stipulation as IT of Animal and Animal Products as intended in paragraph (1) will valid for 2 (two) years since issuance date, and can be extended.
Article 5
(1) IT of Animal and Animal Products and companies will import Animal and/or Animal Products should get Import Approval from the Minister.
(2) Minister will delegate authority to issues Import Approval as intended in paragraph (1) to the Director General, for and behalf of the Minister.
(3) To obtain Import Approval as intended in paragraph (1), IT of Animal and Animal Products or company shall file written application to the Minister, in this case Director General, accompanied with:
a. photocopy of Stipulation as IT of Animal and Animal Products for Animal and/or Animal Products are stated in Attachment II of this Ministerial Regulation;
b. import plan in 6 (six) months period for Animal and/or Animal Products as stated in Attachment II of this Ministerial Regulation; and
c. recommendation from Minister of Agriculture or official that is appointed by Minister of Agriculture, for import of Animal and Fresh Animal Products; or
d. recommendation from Head of Drug and Food Control Agency or official that is appointed by Head of Drug and Food Control Agency for processing Animal Products and recommendation from the Minister of Agriculture or official that is appointed by Minister of Agriculture, for processing Animal Products that still has zoonosis spread risk.
(4) Director General on behalf of Minister shall issue Import Approval for Animal and Animal Products within 5 (five) working days since received complete and right documents.
(5) Import Approval as intended in paragraph (4) will be submitted to the IT of Animal and Animal Products or companies, and the copy shall be submitted to the recommendation issuance agency.
(6) Import Approval as intended in paragraph 4) will be sent online to the Indonesian National Single Window (INSW).
(7) In case Animal and/or Animal Products are imported through port that is not connected yet with Indonesian National Single Window (INSW), copy of Import Approval will be sent manually to the related agencies.
Article 6
(1) Import Approval on the Animal Products as intended in Attachment II of this Ministerial Declaration are stipulated 2 (twice) in 1 (one) year:
a. first semester period, from January 1 until June 30; and
b. second semester period, from July 1 until December 31, 2011.
(2) Application of Import Approval for first semester period as intended in paragraph (1) a, shall be conducted at the latest November 1 of the previous year.
(3) Application of Import Approval for second semester period as intended in paragraph (1) a, shall be conducted at the latest November 1 of the previous year.
Article 7
Import of carcass meat, offal, and/or their derivative products that is in list of Animal Products as stated in Attachment I and Attachment II of this Ministerial Regulation only for industry, hotel, restaurant, catering, and/or other specific need.
Article 8
(1) Import approval as intended in Article 5 paragraph (4) is basis for the issuance of Certificate of Health in the origin country of Animal and/or Animal Products that will be imported.
(2) Import Approval Number is stated in Certificate of Health as intended in paragraph (1).
Article 9
(1) Certificate of Health of imported Animal and/or Animal Products will be investigated by Agriculture Quarantine Agency, Ministry of Agriculture.
(2) Investigation as intended in paragraph (1) to check matching between Certificate of Health with Import Approval on the quantity, kind/description of goods, business unit, origin country, loading port, and Import Approval number.
(3) Result of investigation as intended in paragraph (1) will be submitted by Agriculture Quarantine Agency, Ministry of Agriculture to the Director General through http://inatrade.kemendag.go.id.
Article 10
In case there is infection disease outbreak in origin country of imported Animal and/or Animal Products and has stipulated in Decree of the Minister of Agriculture, issued Import Approval will be revoked by Director General on behalf of the Minister.
CHAPTER III
EXPORT OF ANIMAL AND ANIMAL PRODUCTS
Article 11
(1) Animal and Animal Products as intended in Article 2 paragraph (3) only can be exported by companies that get Export Approval from Minister.
(2) Minister will delegate authority to issues Export Approval as intended in paragraph (1) to the Director General, on behalf of the Minister.
(3) To obtain Export Approval as intended in paragraph (1), companies shall file written application to the Minister in this case Director General, accompanied with:
a. photocopy of Trading Business License (SIUP) or Business License in the animal and animal products field;
b. photocopy of Company Registration (TDP);
c. photocopy of Taxpayer Coder Number (NPWP);
d. recommendation from Minister of Agriculture or official that was appointed by the Minister of Agriculture.
(4) Director General will issue Export Approval within 5 (five) working days since received complete and right application.
(5) In case written application as intended in paragraph (3) is not complete and right, Director General will submit rejection of application within 5 (five) working days after received application.
(6) Export Approval as intended in paragraph (4) will be submitted to the said companies, and the copy to the recommendation issuer agency.
(7) Export Approval as intended in paragraph (4) will be send online to Indonesia National Single Window (INSW) portal.
(8) In case exported Animal and/or Animal Products as intended in paragraph (1) through port that is not connected yet with Indonesia National Single Window (INSW), copy of Export Approval will be submitted manually to the related agency.
CHAPTER IV
REPORT ON THE IMPLEMENTATION OF IMPORT AND EXPORT OF ANIMAL AND ANIMAL PRODUCTS
Article 12
(1) IT of Animal and Animal Products or companies that obtain Import Approval and companies that obtain Export Approval shall:
a. report in writing on the import of Animal and/or Animal Products, or export of Animal through http://inatrade.kemendag.go.id in report form as stated in Attachment IV, that is integral part of this Ministerial Regulation.
b. attach photocopy of Import or Export Realization Control Card that is signed and affixed by Customs and Excise official.
(2) Report as intended in paragraph (1) a shall be submitted every month at the latest on 15 of the ensuing month to the Director General, with copies to:
a. Head of Drug and Food Control Agency; and
b. Director General of Animal Husbandry and Health, Ministry of Agriculture.
CHAPTER V
SANCTIONS
Article 13
IT of Animal and Animal Products, Import Approval, or Export Approval will be revoked if companies:
a. do not submit report as intended in Article 12 for 3 (three) times;
b. change information as stated in documents of IT of Animal and Animal Products, Import Approval, or Export Approval; and/or
c. are found guilty of committing a criminal offence based on court verdict in misuse IT of Animal and Animal Products, Import Approval, or Export Approval.
Article 14
Revocation of IT of Animal and Animal Products, Import Approval, or Export Approval that is given to the companies will be stipulated by Director General on behalf of the Minister.
Article 15
(1) Importer or exporter that import or export Animal and/or Animal Product do not meet provision in this Ministerial Regulation will be fine sanction according to the regulation in customs, animal husbandry and health, and animal quarantine.
(2) Imported Animal and/or Animal Products:
a. have different in quantity, kind, business unit, and/or origin country with Import Approval; and/or
b. do not meet provision in this Ministerial Regulation;
should be re-exported.
(3) Cost on the re-exported as intended in paragraph (2) shall be responsibility of the importer.
CHAPTER VI
OTHERS
Article 16
(1) On the import of animal and/or animal products for:
a. gift/grant provider for the purpose of general religious service, charity, social, or assistance for natural disaster victims;
b. personal goods of passengers, transportation crew member, and parcel with specified customs value limit and/or specified quantity according to the provisions in customs;
c. goods belonging to foreign representatives and their officials assigned in Indonesia based on reciprocal action;
d. goods in the interest of international bodies and their officials assigned in Indonesia;
e. goods for the purpose of science research and development;
f. sample goods not for trading, should get Import Approval by attaching recommendation as intended in Article 5 paragraph (3) c and d.
(2) On the import of Animal and/or Animal Products for exported goods and then re-imported should get Import Approval by attached Declaration of Exported Goods that is legalized by Customs and Excise official, without attaching documents as intended in Article 5 paragraph (3).
(3) On the export of Animal and/or Animal Products for:
a. gift/grant provider for the purpose of general religious service, charity, social, or assistance for natural disaster victims;
b. personal goods of passengers, transportation crew member, and parcel with specified customs value limit and/or specified quantity according to the provisions in customs;
c. goods belonging to foreign representatives and their officials assigned in Indonesia based on reciprocal action;
d. goods in the interest of international bodies and their officials assigned in Indonesia;
e. goods for the purpose of science research and development; and/or
f. sample goods not for trading, should get Export Approval by attaching recommendation as intended in Article 11 paragraph (3) d.
(4) On the import of Animal and/or Animal Products as intended in paragraph (1) and paragraph (2), is excepted from provision as IT of Animal and Animal Products as intended in Article 4 paragraph (1).
(5) On the import of Animal and/or Animal Products by border crossers, until certain limit or customs value and/or certain quantity according to the bilateral agreement of border crossers, is excepted from provision as IT of Animal and Animal Products and Import Approval.
(6) On the export of Animal and/or Animal Products by border crossers, until certain limit or customs value and/or certain quantity according to the bilateral agreement of border crossers, is excepted from provision as IT of Animal and Animal Products and Export Approval.
Article 17
Every import and export of Animal and/or Animal Products shall follow provisions in the regulations on food, animal husbandry and health, animal quarantine, and/or customs.
Article 18
Minister may establish integrated team consists of representatives from related agencies to evaluate and control implementation of import and export of Animal and/or Animal Products.
Article 19
Technical directive on the implementation of this Ministerial Regulation shall be stipulated by Director General.
CHAPTER VII
TRANSITIONAL PROVISON
Article 20
When this Ministerial Regulation come into force, Import Approval Letters (SPP) are issued based on Regulation of the Minister of Agriculture No. 20/Permentan/OT.140/4/2009 concerning Import and Control of the Distribution on Carcass, Meat, and/or Offal from Abroad; and Regulation of the Minister of Agriculture No. 07/Permentan/OT.140/1/2008 concerning Requirements and Procedure to Import and Export Seed, Livestock Germs and Beef Cattle are still effective until December 31, 2011.
CHAPTER VIII
CLOSING PROVISION
Article 21
Article 3 paragraph (4), Article 3 paragraph (5), and Article 4 shall come into force on October 1, 2011 and the others 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 September 7, 2011
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
MARI ELKA PANGESTU