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REGULATION OF THE MINISTER OF TRADE
No. 02/M-DAG/PER/1/2012

CONCERNING
PROVISION ON THE IMPORT OF PEARLS

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

Attachment

Considering:

a. that in the framework to improve certain business in pearl business field and to support keep on Indonesia economic growth, it is necessary to support fair trade and conducive business climate.

b. that to support supply of pearl are not fulfilled from domestic source by pay attention to effective implementation of policy in import field, it is necessary to arrange import of pearl;

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

In view of:

1. Trade Ordinance 1934 (Statute Book No. 86/1938) as supplemented and amended;

2. Law No. 3/1982 concerning Company Registration Obligatory (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214);

3. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia 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 of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);

5. Law No. 5/1999 concerning Anti Monopoly and Unsound Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3806);

6. Law No. 8/1999 concerning Consumers Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia No. 3821);

7. Law No. 31/2004 concerning Fishery (Statute Book of the Republic of Indonesia No. 116/2004, Supplement to Statute Book of the Republic of Indonesia No. 4433) as amended by Law No. 45/2009 (Statute Book of the Republic of Indonesia No. 154/2009, Supplement to Statute Book of the Republic of Indonesia No. 5073);

8. Law No. 39/2008 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);

9. Government Regulation No. 82/2000 concerning Animal Quarantine (Statute Book of the Republic of Indonesia No. 161/2000, Supplement to Statute Book of the Republic of Indonesia No. 4002);

10. Government Regulation No. 38/2007 concerning Division of Government Administration among Government, Province Regional Government, and District/Municipality Regional Government (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statue Book of the Republic of Indonesia No. 4737);

11. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in Foreign Trade Field;

12. Presidential Decree No. 84/P/2009 concerning the Formation of United Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;

13. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended by Presidential Decree No. 77/2011;

14. Presidential Regulation No. 24/2010 concerning Position, Duty, and Function of State Ministries as well as Organization Structure, Duty and Function of First Echelon of State Ministries as amended by Presidential Regulation No. 67/2010;

15. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in Export as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;

16. 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;

17. Regulation of the Minister of Trade No. 54/M-DAG/PER/9/2009 concerning General Provision in Import;

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

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION ON THE IMPORT OF PEARLS

Article 1

In this Ministerial Regulation:

1. Pearls are fishery products in the form of jewelry crystal are produced by sea or fresh water pearl shell.

2. Import is activities to enter goods into Customs Area.

3. Import approval is permit to import Pearls.

4. Recommendation is a letter issued by authorized institutions/agencies concerned, containing technical explanation and being not import license/ approval.

5. Verification or Import 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 is Director of Import, Directorate General of Foreign Trade, Ministry of Trade.

Article 2

Pearls are regulated in import as listed in Attachment that is integral part of this Ministerial Regulation.

Article 3

Imported Pearl as intended in Article 2 only can be conducted by company already obtain Import Approval from Director General.

Article 4

(1) To obtain Import Approval as intended in Article 3, company should file application to the Director General, accompanied with:

• a. photocopy of Trading Business Permit Certificate (SIUP) or other business permit from authorized technical agency.
• b. photocopy of Company Registration (TDP);
• c. photocopy of Taxpayer Identity Number (NPWP);
• d. photocopy of Importer’s Identity Number (API); and
• e. recommendation from Director General of Processing and Marketing of Fishery Products, Ministry of Marine and Fisheries.

(2) Director General will issues Import Approval within 5 (five) working days since date of application as intended in paragraph (1) that is received completely and right.

Article 5

Import Approval of Pearl as intended in Article 3 shall valid for 6 (six) months since date of issuance.

Article 6

Each imported pearl as intended in Article 2 only can be done through destination ports of:

• a. Soekarno Hatta Airport in Jakarta; and
• b. Juanda Airport in Surabaya.

Article 7

(1) Company already obtain Import Approval of Pearl should submit written report on the implementation of import of Pearl to the Director General, in this case to Director with copy to Director General of Processing and Marketing of Fishery Products, Ministry of Marine and Fisheries.

(2) Report as intended in paragraph (1) is submitted whether import is realized or not.

(3) Report as intended in paragraph (1) should be submitted each 3 (three) months at the latest on 15 of the ensuing month through http//:inatrade.kemendag.go.id.

Article 8

(1) Verification or Technical Inquiry of Import should be conducted on each import of pearl that already obtain Import Approval by Surveyor in the loading port country before shipping.

(2) Verification or Technical Inquiry of Import as intended in paragraph (1) shall at least covers:

• a. description and specification of goods including Heading Number/HS;
• b. quantity per kind of goods.
• c. shipping time; and
• d. data or explanation on the goods origin country and destination port.

(3) Result of Verification or Technical Inquiry by Surveyor as intended in paragraph (1) is written in the Surveyor Report (LS) to be used as customs complementary document in the customs processing in import field.

(4) All costs of verification and technical inquiry of import that is conducted by Surveyor as intended in paragraph (1) borne by the company that already obtain Import Approval.

Article 9

(1) Implementation of Verification or technical inquiry of import as intended in Article 8 paragraph (1) is done by Surveyors that are stipulated by the Minister.

(2) Surveyor already stipulated as intended in paragraph (1) should fulfill requirements as follows:

• a. has Survey Service Business Permit (SIUJS);
• b. has experience as Surveyor minimum 5 (five) years;
• c. has branch or representative and/or affiliation abroad and has network to support effective verification service; and
• d. has track record in the management of import verification activities.

(3) Surveyor as intended in paragraph (1) should submit written report on the recapitulation of import verification or technical inquiry activities to the Director General, in this case Director of Import each month on the 15 (fifteen) of the ensuing month.

(4) Surveyor that not do obligation as intended in paragraph (3) subject to sanction of revocation of stipulation as implementation Surveyor of verification or technical inquiry of import peart.

(5) Revocation stipulation as Surveyor as intended in paragraph (4) shall be conducted by the Minister.

Article 10

(1) On the import of pearl for:

• a. goods for the need of research and development of science for maximum 100 (one hundred) grams;
• b. goods for the need of exhibition for maximum 1000 (one thousand) grams for every participant of exhibition from abroad;
• should obtain Import Approval only by attach recommendation as intended in Article 4 paragraph (1) e and exempted from the provision of Verification or Technical Inquiry of Import as intended in Article 8.

(2) On the import of pearl for:

• a. passenger and member crew of transportation mean personal goods for maximum 50 (fifty) gram;
• b. goods already exported for the need of exhibition or rejected by buyer abroad, then re-imported with evidence of Notification of Exported Goods (PEB) in same quality with the quality when are exported.
• are exempted from provision on the Import Approval as intended in Article 3 and Import Verification or Technical Inquiry as intended in Article 8.

Article 11

(1) Import Approval will be revoked in case company:

• a. does not submit report as intended in Article 7;
• b. changes, adds, and/or replaces contents are stated in Import Approval document;
• c. imports pearl with different kind and/or quantity with are stated in Import Approval document; and/or
• d. is stated make violation by the court on the crime in related with misuse of imported pearl.

(2) Revocation approval as intended in paragraph (1) shall be conducted by Director General.

(3) Company does violation on the reporting provision as intended in Article 7 subject to sanction of suspension import of Pearl in the following period.

Article 12

Company imported Pearl not match with provision in this Ministerial Regulation will be subject to sanction in according to the regulations in force.

Article 13

Each import implementation of Pearl should in according to the provision in control of pearl quality, fish quarantine, and/or customs fields.

Article 14

Minister can establishes integrated team consists of representative of related technical agency to evaluates and controls implementation of imported Pearl.

Article 15

LS as customs complementary documents for customs processing in import as intended in Article 8 paragraph (3) shall come into force since July 1, 2012.

Article 16

This Ministerial Regulation shall come into force on June 1, 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

ATTACHMENT OF
REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
No. 02/M-DAG/PER/1/2010
CONCERNING PROVISION ON THE IMPORT OF PEARLS

PEARLS ARE REGULATED IN IMPORT

MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed,
GITA IRAWAN WIRJAWAN