to Indonesian

DECREE OF THE MINISTER OF TRADE
No. 429/M-DAG/KEP/3/2012

CONCERNING
DETERMINATION OF SURVEYORS AS EXECUTOR OF VERIFICATION OR TECHNICAL INQUIRY ON THE IMPORT OF OZONE DEPLETING SUBSTANCES (BPO)

THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

a. that in the framework of implementing the provision in Article 12 of Regulation of the Minister of Trade No. 03/M-DAG/PER/1/2012 concerning Provision on the Import of Ozone Depleting Substances (BPO), it is necessary to stipulate surveyors to execute verification or technical inquiry on the import of ozone depleting substances (BPO);

b. that PT. Surveyor Indonesia and PT. Sucofindo (Persero) through their letters No. SRT-022/DRU-I/UBS2KSJU/2012 dated January 27, 2012 and 0095/DRU-I/PII/2012 dated January 27, 2012 have filed application to be determined as executor surveyors for verification or technical inquiry on the import of ozone depleting substances (BPO) as intended in paragraph a;

c. that PT. Surveyor Indonesia and PT. Sucofindo (Persero) have fulfilled criteria and requirement as intended in Article 13 of Regulation of the Minister of Trade No. 03/M-DAG/PER/1/2012, so they are pretended able and capable to implement duties as executor of verification and technical inquiry on the import of ozone depleting substances (BPO);

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

In view of:

1. 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);

2. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;

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

4. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended by Presidential Regulation No. 76/2011;

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

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

7. Regulation of the Minister of Trade No. 03/M-DAG/PER/1/2012 concerning Provisions on the Import of Ozone depleting substances (BPO);

DECIDES:

To stipulate:

FIRST:

PT. Surveyor Indonesia and PT. Sucofindo (Persero) as executor surveyors for verification of technical inquiry on the import of ozone depleting substances (BPO).

SECOND:

Surveyors as intended in FIRST Dictum have duties:

1. to do verification or technical inquiry on the import of ozone depleting substances (BPO) in country of loading port before shipment as intended in Article 3 paragraph (1) of Regulation of the Minister of Trade No. 03/M-DAG/PER/1/2012 concerning Provisions on the Import of Ozone depleting substances (BPO);

2. to issue implementation result of verification or technical inquiry on the import of ozone depleting substances (BPO) in the form of Surveyor Report (LS) as intended in Article 3 paragraph (4) of Regulation of the Minister of Trade No. 03/M-DAG/PER/1/2012 concerning Provisions on the Import of Ozone depleting substances (BPO), as customs complementary document in the customs settlement in the field of import, that consists of:

3. print Surveyor Report (LS) as intended in paragraph 2 in safe from counterfeiting paper (security paper) and made in 2 (two) languages, namely Indonesia Language and English by include the result of verification or technical inquiry on the import of ozone depleting substances (BPO);

4. to appoint implementation officer of verification or official authorized to sign Surveyor Report (LS) equipped with a specimen signature of the concerned officials and submit to the Director General of Foreign Trade and the Director General of Customs and Excise;

5. submit a written report on the recapitulation of verification or technical inquiry activities on the import of ozone depleting substances (BPO) that is conducted every month to the Directorate General of Foreign Trade in this case is Director of Import, Ministry of Trade on 15 of the ensuing month; and

6. submit other data required by the Directorate General of Foreign Trade, Ministry of Trade.

THIRD:

Verification or technical inquiry of the import as intended in SECOND dictum on the ozone depleting substances (BPO) as stated in Attachment of Regulation of the Minister of Trade No. 03/M-DAG/PER/1/2012 concerning Provisions on the Import of Ozone depleting substances (BPO).

FOURTH:

The delay or other error in the issuance of Surveyor Report (LS) caused by the negligence of the Surveyor, whether intentional or unintentional, the responsibility of the Surveyor in accordance with applicable provisions of international organizations Surveyor (International Federation of Inspection Agency/IFIA).

FIFTH:

On the verification or technical inquiry on the import of ozone depleting substances (BPO), Surveyors collect fees it received from importers such rates in accordance with cost benefit principle.

SIXTH:

All costs incurred related to the implementation of verification or technical inquiry on the import of ozone depleting substances (BPO) is the responsibility of the Surveyor.

SEVENTH:

Determination Surveyors as intended in FIRST dictum does not reduce authority of the Ministry of Trade to revoke, replace, or add other Surveyor as executor of implementation of verification or technical inquiry on the import of ozone depleting substances (BPO).

EIGHTH:

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

Stipulated in Jakarta
on March 9, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN