to Indonesian
a. that silver and gold are the products produced from non-renewable natural resource that has a value that is essential for the national economy and people of Indonesia;
b. that in the framework to support the use of silver and gold to their full potential to meet domestic demand, increased exports of silver and gold which have competitiveness and higher value added, as well as create business rules and business certainty in the export of silver and gold, it is necessary to rearrange provision on the export of silver and gold;
c. that based on consideration as intended in paragraphs a and b, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. 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);
3. 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);
4. Law No. 7/1994 concerning 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);
5. 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);
6. Law No. 39/2008 concerning the State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
7. 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);
8. Law No. 32/2009 concerning the Protection and Environmental Management (Statute Book of the Republic of Indonesia No. 140/2009, Supplement to Statute Book of the Republic of Indonesia No. 5059);
9. Government Regulation No. 38/2007 concerning Division of Administration Affair Among Government, Province Regional Government, and Regency/Municipality Regional Government (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737)
10. Government Regulation No. 23/2010 concerning Implementation of Mineral and Coal Mining Business Activities (Statute Book of the Republic of Indonesia No. 29/2010, Supplement to Statute Book of the Republic of Indonesia No. 5111) as amended by Government Regulation No. 24/2012 (Statute Book of the Republic of Indonesia No. 45/2012, Supplement to Statute Book of the Republic of Indonesia No. 5282);
11. Presidential Decree No. 260/1967 concerning Confirmation of Duty and Responsibility of the Minister of Trade in the Foreign Trade;
12. Presidential Decree No. 84/M/2009 concerning Establishment of United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;
13. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries, as amended several times, the latest by Presidential Regulation No. 91/2011;
14. Presidential Regulation No. 24/2010 concerning Position, Duties and Functions of the State Ministries as well as Organizational Structures, Duties, and Function of Echelon I of State Ministries, as amended several times, the latest by Presidential Regulation No. 92/2011;
15. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning Provisions on the Export and Import Permit Service By Electronic System through INATRADE in the Framework of Indonesia National Single Window;;
16. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;
17. Regulation of the Minister of Energy and Mineral Resources No. 07/2012 concerning Increasing of Mineral Value Added Through Mineral Processing and Purification Activities as amended by Regulation of the Minister of Energy and Mineral Resources No. 11/2012;
18. Regulation of the Minister of Trade No. 13/M-DAG/PER/3/2012 concerning General Provisions in the Export Sector;
REGULATION OF THE MINSITER OF TRADE CONCERNING PROVISIONS ON THE EXPORT OF SILVER AND GOLD
In this Ministerial Regulation the meaning of:
1. Export is the activities to release goods the customs territory.
2. Silver is Silver (including silver plated gold or platinum), not shaped or in the form of semi finished, or in powder form.
3. Gold is Gold (including silver plated gold or platinum), not shaped or in the form of semi finished, or in powder form.
4. Exporters are companies that do export Silver and Gold.
5. Approval Letter to Export Silver and Gold hereinafter called as SPE of Silver and Gold is a letter of approval to do export silver and gold.
6. Minister is the minister who held government affairs in the field of trade.
7. Director General is Director General of Foreign Trade, Ministry of Trade.
8. Director is Director of Export Industry and Mining Products, Ministry of Trade.
Silver and Gold are restricted exports listed in the Attachment that is an integral part of this Ministerial Regulation.
(1) Silver and Gold as intended in Article 2 may only be exported by the exporters who have obtained the SPE of Silver and Gold.
(2) SPE of Silver and Gold as intended in paragraph (1) is issued by the Minister.
(3) The Minister delegated authority to issues the SPE of Silver and Gold as intended in paragraph (2) to the Director.
(1) To obtain SPE of Silver and Gold as intended in Article 3, the exporter must submit a written application to the Director, enclosing the following documents:
(2) Director of Silver and Gold issues SPE maximum of 5 (five) working days from receipt of the complete and correct application.
(3) If the application as intended in paragraph (1) is not complete and correct, the Director submits rejection of the application for SPE of Silver and Gold no later than 5 (five) working days after receipt the application.
SPE of Silver and Gold as intended in Article 4 paragraph (2) valid for a period of 6 (six) months from the date of issuance.
(1) In case of the SPE of Silver and Gold is expired and there are Silver and Gold not exported, exporters may submit extension of SPE of Silver and Gold.
(2) To extend the validity period of SPE of Silver and Gold as intended in paragraph (1), exporters must submit a written application to the Director by attaching:
(3) The Director issues extension of SPE of Silver and Gold for a maximum of 3 (three) months, adjusted to the number/volume of Silver and Gold are not exported.
(1) Exporters who intend to make changes to the obtained SPE of Silver and Gold before expiry date of SPE of Silver and Gold as intended in Article 5 shall file written application to the Director by attaching:
(2) Changing SPE of Silver and Gold as intended in paragraph (1) applies for the remaining period of validity of SPE of Silver and Gold as intended in Article 5.
Exporters who own expired SPE of Silver and Gold and will conduct export of silver and gold, must submit a written application to obtain the new SPE of Silver and Gold according to the provisions as intended in Article 4.
Exporters that export silver and gold in addition shall comply with the provisions as intended in Article 3 paragraph (1) shall also comply with the provisions and technical requirements related to the export of silver and gold are determined in other regulations.
(1) Exporters who have obtained the SPE of Silver and Gold shall submit a written report on the export implementation of silver and gold, whether realized or not realized.
(2) The report as intended in paragraph (1) may be submitted to the Director with a copy to the of Director of Textile and Various, Directorate General of Manufacture Industry Base, Ministry of Industry at the latest the next 15 (fifteen) months after the expiry of the SPE of Silver and Gold manual and/or through http://inatrade.kemendag.go.id.
(1) Exporters who violate the provisions of Article 3 paragraph (1) and Article 9 shall be liable to revocation of Licensing and/or other sanctions in accordance with effective regulations.
(2) Exporters who violate the provisions of Article 10 shall be liable not given SPE of Silver and Gold for the implementation of the next export Silver and Gold.
(3) Exporters who get sanctions as intended in paragraph (2) may apply for re-issuance of SPE of Silver and Gold after submit a written report on the implementation of the export of silver and gold as intended in Article 10.
Technical provision of the implementation of this Ministerial Regulation may be determined by the Director General.
Export approval for Silver and Gold was issued based on Decree of the Minister of Industry and Trade No. 588/MPP/Kep/12/1998 concerning General Provisions in the Export Field 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 Export Approval for Silver and Gold is expired.
This Ministerial Regulation shall come into force on July 19, 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 July 18, 2012
THE MINISTER OF TRADE
signed,
GITA IRAWAN WIRJAWAN