to Indonesian
a. that since the Vienna Convention and Montreal Protocol contain an obligation of the member countries are obliged to eliminate the use of chemical substances categorized as Ozone Depleting Substances (BPO) in phases, the member countries, including Indonesia are given opportunity to implement a program for eliminating the use of BPO up to a specified period;
b. that while Indonesia is undertaking the elimination of the use of BPO, the fact shows that various industries in the country still need raw materials or auxiliary materials whose procurement is mostly realized through the import from other countries;
c. that based on considerations as intended in paragraphs a and b, and in ensuring better effective supervision and control over the procurement of BPO in Indonesia, it is deemed necessary to re-regulate provisions on the import of BPO;
d. that based on the considerations as intended in paragraph a, b and c, it is necessary to stipulate a regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 5/1984 concerning Industry (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);
3. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book 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 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
5. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
6. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
7. Law No. 32/2009 concerning Protection and Management of Living Environment (Statute Book No. 140/2009, Supplement to Statute Book No. 5059);
8. Law No. 36/2009 concerning Health (Statute Book No. 144/2009, Supplement to Statute Book No. 5063);
9. Government Regulation No. 7/193 concerning Supervision on the Distribution, Storing and Using of Pesticide (Statute Book No. 12/1973);
10. Government Regulation No. 74/2001 concerning Management of Hazardous and Toxic Substances (Statute Book No. 138/2001);
11. Presidential Decree No. 260/1967 concerning Confirmation on Duties and Responsibilities of the Minister of Trade in Foreign Trade Affairs;
12. Presidential Decree No. 23/1992 concerning Ratification of Vienna Convention for the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer as Adjusted and Amended by the Second Meeting of the Parties London, 27-29 June 1990;
13. Presidential Decree No. 92/1998 concerning Ratification of Montreal Protocol on Substances that Deplete the Ozone Layer, Copenhagen, 1992;
14. Presidential Decree No. 84/P/2009 concerning Establishment of Unity Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;
15. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries as amended by Presidential Regulation No. 76/2011;
16. Presidential Regulation No. 24/2010 concerning Position, Tasks and Functions of First Echelon Officials of State Ministries as amended by President Regulation No. 67/2010;
17. 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;
18. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provisions in Import;
19. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Procedures of the Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS ON THE IMPORT SUBSTANCES DAMAGE OZONE LAYER
In this Ministerial Regulation:
1. Ozone Depleting Substances, hereinafter called BPO is chemical compounds potential to react against ozone molecule in the stratosphere.
2. Producer Importers of Ozone Depleting Substances, hereinafter called IP-BPO is manufacturers using BPO as raw materials or auxiliary materials in the production.
3. Approved Importers of Ozone Depleting Substances, hereinafter called IT-BPO is trading companies securing stipulation from the government to import and distribute BPO.
4. Recommendation is a letter issued by authorized institutions/agencies concerned, containing technical explanation and being not import license/ approval.
5. Verification or technical inquiry is activities for technical inspection on the imported goods that is conducted in goods loading port by surveyor.
6. Surveyor is survey company that gets authorization to conduct verification or technical inquiry on the imported products.
7. Minister is minister who handles government affairs in trade.
8. Director General is the Director General of Foreign Trade, Ministry of Trade.
9. Director General of BIM is the Director General of Manufacture Industry Base, Ministry of Industry.
10. Deputy of Environment Damage and Climate Change Control is the Deputy in charge of protection of the ozone layer at the Ministry of Environmental Affairs.
BPO as listed in Attachment I of this Ministerial Regulation are prohibited to be imported.
(1) BPO as listed in Attachment II of this Ministerial Regulation only can be imported by companies already get recognition as IP-BPO or stipulation as IT-BPO.
(2) Each importation of methyl bromide BPO should be labeled with “Hanya untuk Karantina dan Pra Pengapalan” or “For Quarantine and Pre-Shipment Only” text from producer country.
(1) The import of BPO as intended in Article 3 paragraph (1) only can be realized through the following ports:
a. Belawan Seaport, Medan;
b. Tanjung Priok Seaport, Jakarta;
c. Merak Seaport, Cilegon;
d. Tanjung Mas Seaport, Semarang;
e. Tanjung Perak Seaport, Surabaya;
f. Soekarno-Hatta Seaport, Jakarta; and
g. Batu Ampar Seaport, Batam
(2) Import BPO through Batu Ampar seaport, Batam as intended in paragraph (1) g only can be conducted by IP-BPO.
The quantity of BPO, which can be imported by IP-BPO and IT-BPO shall be stipulated by referring to the volume of BPO, which may be used nationally, stipulated by the Ministry of Environmental Affairs.
(1) To obtain recognition as IP-BPO as intended in Article 3 paragraph (1), company should file written application to the Director General by attaching documents:
a. photocopy of Industrial Business Permit/Industrial Registration or other business license from Technical Agency;
b. photocopy of Importer’s Identity Number-Producer (API-P);
c. photocopy of Company Registration (TDP);
d. photocopy of Taxpayer Identity Number (NPWP);
e. recommendation from Deputy of Environment Damage and Climate Change Control, Ministry of Environmental Affairs;
f. recommendation from Director General of BIM; and
g. production plan for 1 (one) year.
(2) On the written application as intended in paragraph (1), Director General issues recognition as IP-BPO within 5 (five) working days since received complete and right application.
(3) Recognition as IP-BPO as intended in paragraph (2) is issued by pay attention to capacity and production plan for 1 (one) year.
(4) In case written application as intended in paragraph (1) is not complete and right, Director General issues notification of rejection within 5 (five) working days since receive application.
(5) Recognition as IP-BPO as intended in paragraph (2) shall contain at least destination port, quantity and kind of BPO, Heading/HS are imported by IP-BPO and technical provision on the import implementation.
(6) Recognition as IP-BPO as intended in paragraph (2) shall valid for 1 (one) year.
Company who obtain recognition as IP-BPO only can import BPO for its industrial production process need and is prohibited to be traded and/or over handled.
(1) To obtain recognition as IT-BPO as intended in Article 3 paragraph (1), company should file written application to the Director General by attaching following documents:
a. photocopy of Trading Business Permit or other such kind of business permit from related agency;
b. photocopy of Importer’s Identity Number-General (API-U);
c. photocopy of Company Registration (TDP);
d. photocopy of Taxpayer Identity Number (NPWP);
e. photocopy of Decree of the Minister of Agriculture on the special Pesticide Registration for import BPO kind of Methyl Bromide;
f. Recommendation from Deputy of Environment Damage and Climate Change Control, Ministry of Environmental Affairs;
g. recommendation from Director General of BIM; and
h. distribution plan for 1 (one) year.
(2) On the written application as intended in paragraph (1), Director General issues stipulation as IP-BPO within 5 (five) working days since received complete and right application.
(3) In case written application as intended in paragraph (1) is not complete and right, Director General submit notification of rejection within 5 (five) working days since received application.
(4) Stipulation as IT-BPO as intended in paragraph (2) valid for 1 (one) year.
Company already got stipulation as IT-BPO only can import BPO to be distributed to end user industry.
Every importation of BPO by IT-BPO should get approval to import BPO from Director General.
(1) To obtain import approval as intended in Article 10, IT-BPO should file written application to the Director General by attaching following documents:
a. photocopy of IT-BPO;
b. photocopy of Decree of the Minister of Agriculture on the special Pesticide Registration for import BPO of Methyl Bromide kind;
c. recommendation from Director General of BIM; and
d. distribution plan for 1 (one) year.
(2) On the written application as intended in paragraph (1), Director General issues approval to import BPO within 5 (five) working days since received complete and right application.
(3) In case written application as intended in paragraph (1) is not complete and right, Director General submit notification of rejection within 5 (five) working days since received application.
(4) Import approval as intended in paragraph (2) shall contents at least quantity and kinds of BPO, Heading/HS, destination port, goods origin country, and valid period of import approval.
(5) Valid period of import approval as intended in paragraph (3) can be given for maximum 6 (six) months.
(1) Every importation of BPO by IP-BPO and IT-BPO should be conducted verification or technical inquiry in loading port of origin country of BPO.
(2) Implementation of verification or technical inquiry as intended in paragraph (1) is conducted by Surveyor that is stipulated by Minister.
To be stipulated as implementer verification or technical inquiry, Surveyor should fulfill following provisions:
a. has Survey Service Business Permit (SIUJS);
b. has experience as surveyor minimum 5 (five) years in import field;
c. has branch or representative and/or affiliation abroad;
d. has network to support effective implementation of verification; and
e. has track records in management of import verification activities.
(1) Verification or technical inquiry by Surveyor as intended in Article 12 paragraph (2) covers checking and inspection on the data and explanation at least on the:
a. right and clear identity (name and address) of importer and exporter;
b. quantity/volume or weight, kind, specification, heading or HS number 10 (ten) digits and its description;
c. explanation of place or country/loading port and destination port;
d. data or explanation on the goods origin country; and
e. other required explanation.
(2) Surveyor put inspection sign as verification or technical inquiry result of import in the form of seal at the packaging for Full Container Load (FCL) or sign of surveyor inspection in the form of label at the goods or packaging for other kind of transportation.
(3) Result of verification or technical inquiry that is conducted by Surveyor as intended in paragraph (1) is issued in the form of Surveyor Report (LS) to be used as customs complementary document in the processing of customs in import field.
(4) Surveyor will collect fee for the implementation of verification of technical inquiry of import BPO from IT-BPO or IP-BPO that the rate is based on function principles.
(1) IP-BPO and IT-BPO should submits written report once every 1 (one) month at the latest on 15 of ensuing month either realized or not realized importation of BPO, to the Director General with copies to:
a. Director General of BIM, Ministry of Industry;
b. Deputy of Environment Damage and Climate Change Control, Ministry of Environmental Affairs; and
c. Director General of Structure and Infrastructure, Ministry of Agriculture.
(2) Report as intended in paragraph (1) is submitted through http://inatrade.kemendag.go.id.
Surveyor should submit recapitulation of inspection and technical inquiry result of import BPO by IP-BPO and IT-BPO every 3 (three) months to the Director General.
(1) Recognition as IP-BPO or stipulation as IT-BPO will be revoked in case of:
a. does not submit report as intended in Article 15 for 3 (three) times;
b. change, add, and/or replace contents are stated in recognition as IP-BPO or stipulation as IT-BPO documents;
c. import BPO with kind or quantity not match with listed in import documents of BPO; and/or
d. made crime based on court decision in related with misuse of recognition as IP-BPO or stipulation as IT-BPO.
(2) Revocation recognition as IP-BPO or stipulation as IT-BPO as intended in paragraph (1) is stipulated by Director General.
(3) IP-BPO and IT-BPO whose subject to sanction of revocation as intended in paragraph (2) only can file application to obtain recognition as IP-BPO and IT-BPO after 1 (one) years and should obtain recommendation from Deputy of Environment Damage and Climate Change Control, Ministry of Environmental Affairs.
(1) Violation by Surveyor on the provision as intended in Article 16 will fined administration sanction in the form of revocation of stipulation as Surveyor.
(2) 3 (three) written warning will be given with each period is 10 (ten) days before revocation stipulation as surveyor.
BPO that is imported not match with provision in this Regulation should be re-exported or destroyed on the cost of the company.
Further provision of this Ministerial Regulation will be stipulated by Director General.
(1) LS as customs complementary documents for customs processing in import as intended in Article 14 paragraph (3) shall come into force 60 (sixty) days since this Ministerial Regulation comes into force.
(2) LS as intended in paragraph (1) has evidence customs document in the form of manifest (BC.1.1).
When this Ministerial Regulation comes into force:
1. Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provision on the Import Substances Damage Ozone Layer (BPO) as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/10/2010; and
2. Regulation of the Minister of Trade No. 51/M-DAG/PER/12/2007 concerning Provision on the import of Methyl Bromide for Quarantine and Pre-shipment Need;
shall be revoked and declared null and void.
Recognition as IP-BPO, stipulation as IT-BPO and Import Approval of BPO that was issued based on Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2006 concerning Provision on the Import Substances Damage Ozone Layer (BPO) as amended by Regulation of the Minister of Trade No. 38/M-DAG/PER/10/2010, and Regulation of the Minister of Trade No. 51/M-DAG/PER/12/2007 concerning Provision on the import of Methyl Bromide for Quarantine and Pre-shipment Need still valid until expired of IP-BPO, IT-BPO, and Import Approval of BPO.
This Ministerial Regulation shall come into force on January 15, 2012.
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 January 3, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN