to Indonesian
a. that in order to implement the provisions of Article 2 paragraph (3) of Regulation of the Minister of Trade No. 17/M-DAG/PER/5/2009 concerning the Procedure for Determination of Bench Mark Price for Dutiable Export Goods as amended by Regulation of the Minister of Trade No. 25/M-DAG/PER/9/2011, it is necessary to govern on the determination of Bench Mark Price for dutiable export goods;
b. that the determination of Bench Mark Price for Dutiable Export Goods shall be conducted after considering the written proposal and the results of the coordination meetings with relevant technical agencies;
c. that based on the considerations 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. 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);
3. Government Regulation No. 55/2008 concerning the Imposition of Export Levy for Export Goods (Statute Book of the Republic of Indonesia No. 116/2008, Supplement to Statute Book of the Republic of Indonesia No. 4886);
4. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Field;
5. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries as amended by Presidential Regulation No. 91/2011;
6. Presidential Decree No. 84/P/2009 concerning the Establishment of the United Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;
7. Presidential Regulation No. 24/2010 concerning the Position, Duties, and Functions of the State Ministries as well as Organizational Structure, Duties and Functions Echelon I of State Ministries as amended by Presidential Regulation No. 92/2011;
8. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in the Field of Export as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
9. Regulation of the Minister of Trade No. 17/M-DAG/PER/5/2009 concerning the Procedure for Determination of Bench Mark Price for Dutiable Export Goods as amended by Regulation of the Minister of Trade No. 25/M-DAG/PER/9/2011;
10. Regulation of the Minister of Finance No. 67/PMK.011/2010 concerning Stipulation of Goods Subject to Export Levy and Rate of Export Levy Rates as amended by Regulation of the Minister of Finance No. 128/PMK.011/2011;
11. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
12. Decree of the Minister of Trade No. 01.2/M-DAG/KEP/1/2011 concerning the Establishment of the Determination Team of Bench Mark Price for Dutiable Export Goods;
13. Regulation of the Minister of Trade No. 35/M-DAG/PER/12/2011 concerning Provisions to Export Rattan and Rattan Products;
REGULATION OF THE MINISTER OF TRADE CONCERNING DETERMINATION OF BENCH MARK PRICE FOR DUTIABLE EXPORT GOODS.
Bench Mark Price (HPE) is determined based on the average international price or the average FOB price in the last month before the establishment of HPE.
(1) The rate of Export Levy of Palm Oil, Crude Palm Oil (CPO), and its derivative products use reference price based on the average price of CPO for CIF in Rotterdam, the average price of Malaysian palm oil market and/or the average price of CPO at Jakarta commodity market, and be guided by the Cocoa Beans commodity reference price based on the average price of Cocoa Beans for CIF at New York Board of Trade (NYBOT), New York, one month before the determination of HPE.
(2) The reference price as intended in paragraph (1) are as follows:
(3) Based on the reference price as intended in paragraph (2), rate of Export Levy for Palm Oil, CPO and its derivative products are as listed in Column 10 of Attachment I and for Cocoa Beans are as listed in column 2 of Attachment III of Regulation of the Minister of Finance No. 67/PMK.011/2010 concerning Stipulation of Goods Subject to Export Levy and Rate of Export Levy Rates as amended by Regulation of the Minister of Finance No. 128/PMK.011/2011;
HPE for commodities of Palm Oil, CPO and its derivatives are determined as set out in Attachment I that is an integral part of this Ministerial Regulation.
List of RBD Palm Olein brand in branded packaging with a net weight ≦ 20 kg is determined as listed in Attachment II that is an integral part of this Ministerial Regulation.
HPE for Timber and Leather commodities are determined as listed in Attachment III that is an integral part of this Minister.
HPE for Cocoa Beans commodities are determined as listed in Attachment IV that is an integral part of this Ministerial Regulation.
HPE as intended in Article 3, Article 5 and Article 6 is used as the basis for Determination of Export Price for calculation of Export Levy by the Minister of Finance.
HPE as intended in Article 3, Article 5 and Article 6 shall come into force from May 1, 2012 to May 31, 2012.
In case of expired validity period of HPE has been stipulated based on this Regulation and new HPE is not determined yet, HPE as list in Attachment I, Attachment III, and Attachment IV of this Ministerial Regulation shall remain valid as the basis for calculation of Export Levy until new HPE is stipulated.
When this Ministerial Regulation applies, Regulation of the Minister of Trade No. 16/M-DAG/PER/3/2012 concerning Determination of Bench Mark Price for Dutiable Export Goods with its attachments shall be revoked and declared null and void.
This Ministerial Regulation shall come into force on May 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 April 27, 2012
on behalf of MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Director General of Foreign Trade
signed,
DEDDY SALEH
Copy same with the original
Secretariat General of the Ministry of Trade
Head of Legal Bureau,
signed,
LASMININGSIH