to Indonesian
a. that bird nest is very beneficial for health and have high economic value that needs to preserved;
b. that the Republic of Indonesia and the People's Republic of China on 24 April 2012 have signed the Protocol of Inspection, Quarantine and Hygiene Requirements for the Importation of Bird Nest Products from Indonesia to China Between The Ministry of Agriculture of the Republic of Indonesia and The General Administration of Quality Supervision, Inspection and Quarantine of the People's Republic of China;
c. that in the framework to maintain continuity of Indonesia bird nest exportation to the People's Republic of China, it is needed a more effective supervision of the quality of Indonesia bird nest;
d. that in connection with the considerations as intended in paragraphs a, b, and c, it is necessary to regulate exports of bird nest to the People's Republic of China;
e. that based on considerations as intended 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 Prp of 1962 concerning Trade in Goods Under Supervision (Statute Book of the Republic of Indonesia No. 42/1962, Supplement to Statute Book of the Republic of Indonesia No. 2469);
3. 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);
4. 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);
5. 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. 49169;
6. 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);
7. Presidential Decree No. 260/1967 concerning Affirmation of Duties and Responsibilities of the Minister of Trade in Foreign Trade;
8. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;
9. 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;
10. 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;
11. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Administration of the Ministry of Trade;
12. Regulation of the Minister of Trade No. 13/M-DAG/PER/3/2012 concerning General Provisions in the Export Sector;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION ON THE EXPORT OF BIRD NEST TO THE PEOPLE'S REPUBLIC OF CHINA
In this Ministerial Regulation the meanings:
1. Export is the activities of removing goods from Customs territory of Indonesia.
2. Bird Nest is a product derived from the saliva of swallows (Collocalia sp.) that serves as a place to nest, lay eggs, incubate and raise their children and require further processing before consumption.
3. Exporters of Bird Nest, hereinafter abbreviated as ET-SBW is an individual or business entity that is either a legal entity or non legal entity conducting business activities to export bird nest
4. Verification and Monitoring Team of Bird Nest Export Policy is a team that performs the verification and monitoring bird nest export policy whose members consist of representatives of related agencies and institutions.
5. Minister is the minister who held government affairs in the field of trade.
6. Director General is Director General of Foreign Trade, Ministry of Trade.
(1) Bird nest that can be exported to the People's Republic of China only bird nest in Tariff Post/HS ex. 0410.00.10.00.
(2) Bird nest as intended in paragraph (1) must meet the following requirements:
(1) Exports of bird nest as intended in Article 2 paragraph (1) can only be done by a company that has gained recognition as an ET-SBW from the Minister.
(2) The Minister delegate authority to issue recognition as an ET-SBW as intended in paragraph (1) to the Director General.
(1) To obtain recognition as an ET-SBW as intended in Article 3 paragraph (1) the company must file application in writing to the Director General in this case the Director of the Export of Agricultural and Forestry Products;
(2) Application of ET-SBW as intended in paragraph (1) is attaching the following documents:
(3) The Director General issues recognition as ET-SBW as intended in Article 3 paragraph (1) no later than 5 (five) working days since receive the complete and correct application.
(4) If the application as intended in paragraph (2) is not complete and correct, the Director of the Export of Agricultural and Forestry Products submit rejection of application at the latest 5 (five) working days after receive of the application.
(5) ET-SBW as intended in paragraph (3) applied while the company in is still running the business activities in the field of export bird nest.
(6) Form of recognition as ET-SBW as intended in paragraph (3) is listed in Attachment I that is an integral part of this Ministerial Regulation.
(7) For any change of company's data, ET-SBW owner shall report and file application to change of ET-SBW to the Director General, in this case the Director of the Export of Agricultural and Forestry Products no later than 30 (thirty) days from the changes of company's data.
(1) The Director General submits each ET-SBW as intended in Article 3 paragraph (1) to the Accreditation and Certification Registration Agency of China.
(2) ET-SBW as intended in paragraph (1) must be registered in the Accreditation and Certification Registration Agency of China.
(1) The company that has obtained recognition as ET-SBW must submit a written report on the implementation of bird nest export once every 4 (four) months to the Director General with a copy to Verification and Monitoring Team of Bird Nest Export Policy.
(2) The report as intended in paragraph (1) should be conducted whether the export is realized or not realized, each shall be submitted no later than May 15 , September 15, and January 15.
(3) The form of bird nest export as intended in paragraph (1) is listed in Attachment II that is an integral part of this Ministerial Regulation.
(1) Recognition as a BT-SBW as intended in Article 3 paragraph (1) is frozen when the holder of the ET-SBW:
(2) Recognition as ET-SBW as intended in paragraph (1) can be reactivated if the ET-SBW has undertaken the obligation as intended in Article 4 paragraph (7) and/or Article 6 paragraphs (1) and (2).
(3) The holder of ET-SBW can apply for reactivation of recognition as ET-SBW as intended in paragraph (2) after fulfilling the provisions of Article 4 paragraph (7) and/or Article 6 paragraphs (1) and (2).
(4) Application for reactivation recognition as BT-SBW as intended in paragraph (3) is submitted to the Director General.
ET-SBW as intended in Article 3 paragraph (1) is revoked if:
Implementation provisions of this Ministerial Regulation shall be determined by Director General.
This Ministerial Regulation shall come into force on July 31, 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 27, 2012
THE MINISTER OF TRADE
signed,
GITA IRAWAN WIRJAWAN