to Indonesian
a. that to achieve sustainable economic development through continuity trade, it is necessary to maintain Export with respect to social welfare, economic growth and environmental sustainability;
b. that exports are a major source of foreign exchange revenue that is required by the state to support the development of national economy, so it is necessary to be improved while maintaining the availability of goods and materials for domestic needs;
c. that global trade competition is increasingly that need improvement of Export Products competitiveness, so in the framework enlarge and expand access to Indonesia's exports to world markets it is necessary efforts to increase domestic value added of products;
d. that with considerations as intended in paragraphs a, b, and c, and in the framework to create business certainty and a conducive business climate, it is necessary to rearranged general policy in export field;
e. that based on consideration in paragraphs a, b, c, and d, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 8/1962 concerning the Trade of Goods under Surveillance (Statute Book of the Republic of Indonesia No. 42/1962, Supplement to Statute Book of the Republic of Indonesia No. 2469);
3. Law No. 3/1982 concerning Obligatory Company Registration (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214;
4. Law No. 5/1984 concerning Industrial Affairs (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
5. Law No. 16/1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia No. 56/1992, Supplement to Statute Book of the Republic of Indonesia No. 3482);
6. 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);
7. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia 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);
8. Law No. 7/1996 concerning Food (Statute Book of the Republic of Indonesia No. 99/1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);
9. Law No. 5/1999 concerning Anti Monopoly and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3817);
10. Law No. 24/1999 concerning Foreign Exchange Traffic and Exchange System (Statute Book of the Republic of Indonesia No. 67/1999, Supplement to Statute Book of the Republic of Indonesia No. 3844);
11. Law No. 41/1999 concerning Forestry (Statute Book of the Republic of Indonesia No. 167/1999, Supplement to Statute Book of the Republic of Indonesia No. 3888) as amended by Law No. 19/2004 concerning Stipulation of Government Regulation in lieu of Law No. 1/2004 concerning Amendment to the Law No. 41/1999 concerning Forestry, become Law (Statute Book of the Republic of Indonesia No. 86/2004, Supplement to Statute Book of the Republic of Indonesia No. 4412);
12. Law No. 36/2000 concerning the Passage of Government Regulation in lieu of Law No. 1/2000 concerning Free Trade Zone and Free Port into Law (Statute Book of the Republic of Indonesia No. 251/2000, Supplement to Statute Book of the Republic of Indonesia No. 4053) as amended by Law No. 44/2007 concerning the Passage of Government Regulation in lieu of Law (Statute Book of the Republic of Indonesia of the Republic of Indonesia No. 130/2007, Supplement to Statute Book of the Republic of Indonesia No. 4775);
13. Law No. 31/2004 concerning Fisheries (Statute Book of the Republic of Indonesia No. 118/2004, Supplement to Statute Book of the Republic of Indonesia No. 4433);
14. Law No. 32/2004 concerning Regional Government (Statute Book of the Republic of Indonesia No. 125/2004, Supplement to Statute Book of the Republic of Indonesia No. 4437) as amended by Law No. 8/2005 (Statute Book of the Republic of Indonesia No. 59/2008, Supplement to Statute Book of the Republic of Indonesia No. 4844);
15. Law No. 25/2007 concerning Investment (Statute Book of the Republic of Indonesia No. 67/2007, Supplement to Statute Book of the Republic of Indonesia No. 4724);
16. Law No. 4/2009 concerning Mineral and Coal Mining (Statute Book of the Republic of Indonesia No. 4/2009, Supplement to Statute Book of the Republic of Indonesia No. 4959);
17. Law No. 18/2009 concerning Animal Husbandry and Health (Statute Book of the Republic of Indonesia No. 84/2009, Supplement to Statute Book of the Republic of Indonesia No. 5015);
18. Law No. 32/2009 concerning Environment Protection and Management (Statute Book of the Republic of Indonesia No. 140/2009, Supplement to Statute Book of the Republic of Indonesia No. 5059);
19. Law No. 36/2009 concerning Health (Statute Book of the Republic of Indonesia No. 144/2009, Supplement to Statute Book of the Republic of Indonesia No. 5063);
20. Law No. 39/2009 concerning Special Economic Zone (Statute Book of the Republic of Indonesia No. 147/2009, Supplement to Statute Book of the Republic of Indonesia No. 5066);
21. Law No. 13/2010 concerning Horticulture (Statute Book of the Republic of Indonesia No. 132/2010, Supplement to Statute Book of the Republic of Indonesia No. 5170);
22. Government Regulation No. 1/1982 concerning Implementation of Export, Import and Foreign Exchange Traffic (Statute Book of the Republic of Indonesia No. 1/1982, Supplement to Statute Book of the Republic of Indonesia No. 3210) as amended by Government Regulation No. 24/1985 (Statute Book of the Republic of Indonesia No. 32/1985, Supplement to Statute Book of the Republic of Indonesia No. 3291);
23. Government Regulation No. 102/2000 concerning National Standardization (Statute Book of the Republic of Indonesia No. 1999/2000, Supplement to Statute Book of the Republic of Indonesia No. 4020);
24. Government Regulation No. 38/2007 concerning the Sharing of Government Affairs between the Government, Provincial Governments and Regency/Municipal Governments (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
25. Government Regulation No. 32/2009 concerning Bonded Hoarding Place (Statute Book of the Republic of Indonesia No. 61/2009, Supplement to Statute Book of the Republic of Indonesia No. 4998);
26. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
27. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended by Presidential Regulation No. 76/2011;
28. Presidential Regulation No. 24/2010 concerning the Position, Task, Function of State Ministries as well as Organizational Structure, Task and Function of First Echelon of State Ministries as amended by Presidential Regulation No. 67/2010;
29. Presidential Regulation No. 32/2011 concerning Master Plan for Fastening and Enlargement of Indonesian Economic Development of Year 2011-2025;
30. Presidential Decree No. 84/P/2009 concerning Establishment and Appointment of United Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;
31. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING GENERAL PROVISIONS IN EXPORT SECTOR
In this regulation the following meanings:
1. Export is the activity of removing goods from the Customs Area.
2. Customs Area is territory of the Republic of Indonesia that covers land, waters and air space above it, as well as certain places dl exclusive economic zone and continental shelf in which force the Law on Customs.
3. Exporter is an individual, institution or business entity, whether legal entities or not legal entities, which do Export.
4 Goods are all items both tangible and intangible, whether moving or not moving, can be spent or not spent, which can be traded, worn, used, or exploited.
5. Free Export Goods are goods that are not included in the Export Restricted Goods and Export Prohibited goods.
6. Export Restricted Goods are goods that are restricted in Exporter, the type and/or the amount to be exported.
7. Export Prohibited Goods are goods that should not be exported.
8. Minister is the minister who held government affairs in the field of trade.
(1) Export goods are grouped in:
(2) Goods as intended in paragraphs (1) b and c defined by Ministerial Regulation.
(1) Exports can be done by:
(2) Exporter as intended in paragraph (1) is responsible for the Goods are exported.
(1) All Free Export Goods can be exported except Export Restricted Goods, Export Prohibited Goods or otherwise stipulated by the Law.
(2) The Minister may restrict the export of Goods by the reason of:
(3) The Minister may prohibit the export of Goods by reason of:
(1) An individual may only export group of Free Export Goods as intended in Article 2 paragraph (1) a.
(2) Institutions and business entities can only export group of Free Export Goods and Exports Restricted Goods as intended in Article 2 paragraphs (1) a and b.
(1) An individual who export Free Export Goods as intended in Article 2 paragraph (1) a must have:
(2) Institutions or business entities that export Free Export Goods as intended in Article 2 paragraph (1) a must have:
(1) Institutions or business entities that export goods of Exports Restricted as intended in Article 2 paragraph (1) b must have:
(2) Institutions or Business Entities that export Prohibited Goods shall have the requirements as intended in paragraph (1), shall meet the requirements set by setting the type of goods in the form of:
To obtain recognition as a Registered Exporter and Export Approval as intended in Article 7 paragraphs (2) a and b, institutions or business entities shall file application to the Ministry of Trade through the Trade Service Unit or online.
Ministry of Trade may issue recognition as Registered Exporters and Export Approval as intended in Article 8 within 5 (five) working days since receipt of the complete and correct application.
(1) Permits in export sector are issued by the Minister or official who is authorized to issue permits.
(2) Minister may delegate or assign issuing of permits to related institutions or technical agencies.
(1) Exporter shall report the export implementation of Export Restricted Goods, whether realized or not realized, periodically every month at the latest on 15 (fifteen) of ensuing month.
(2) Report of Export Restricted Goods as intended in paragraph (1) can be submitted through:
Further provisions on the export for every Export Restricted Goods as intended in Article 2 will be stipulated by Ministerial Regulation.
The Minister may consider the proposal and/or technical considerations of other government agencies in setting the Ministerial Regulation as intended in Article 12.
Exceptions to the provisions in this Ministerial Regulation shall be further stipulated by Ministerial Regulation.
(1) Every exporter who exports Free Exports Goods that is not in accordance with the provisions of Free Export Goods as intended in Article 5 and Article 6 subject to administrative sanctions such as revocation of permit and/or other sanctions in accordance with statutory regulations.
(2) Every exporter who exports goods of Export Restricted Export that is not in accordance with the provisions of Export Restricted Goods as intended in Article 5 paragraph (2) and Article 7, subject to administrative sanctions such as revocation of permit, recognition as a Registered Exporter, Approval of Export and/or other appropriate sanctions in accordance with the legislation.
(3) Every exporter who exports goods of Exports Prohibited Goods will be imposed administrative sanctions such as revocation of permit and/or other sanctions in accordance with statutory regulations.
(4) Exporter that is subject to administrative sanctions as intended in paragraph (1), paragraph (2), and paragraph (3) on the Exported Goods become under the state's control.
(5) Handling of export goods that are controlled by the State as intended in paragraph (4) conducted under the provisions of legislation in the field of customs.
At the time this regulation came into force:
1. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in the Export Sector, as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007, shall be revoked and declared null and void.
2. Recognition as a Registered Exporter and Export Approval that are issued based on Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in the Export Sector, as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007 shall remain in force until the expiry of recognition as a Registered Exporter and Export Approval.
This Ministerial Regulation shall come into force 4 (four) months since 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 March 19, 2012
THE MINISTER OF TRADE
signed,
GITA IRAWAN WIRJAWAN