to Indonesian
a. that mining product is a non-renewable natural wealth that has important role in the economic growth and sustainable national development;
b. that in order to implement the provisions of Article 5 paragraph (1) of Government Regulation No. 55/2008 concerning the Imposition of Export Levy on the Export Goods and Regulation of the Minister of Finance No. 75/PMK.011/2012 concerning Stipulation of Export Goods Subject to Export Levy and Rate of Export Levy, it is necessary to stipulate procedure for determination of bench mark price for dutiable mining products;
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. 7/1994 concerning Ratification of the 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);
3. 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);
4. 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);
5. 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);
6. 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);
7. 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);
8. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Field;
9. Presidential Decree No. 84/P/2009 concerning the Establishment of the United Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;
10. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries as amended by Presidential Regulation No. 91/2011;
11. 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;
12. 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;
13. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
14. Regulation of the Minister of Energy and Mineral Resources No. 07/2012 concerning Increasing Mineral Added Value Through Mineral Processing and Refining Activities, as amended by Regulation of the Minister of Energy and Mineral Resources No. 11/2012;
15. Regulation of the Minister of Finance No. 75/PMK.011/2012 concerning Stipulation of Export Goods Subject to Export Levy and Rate of Export Levy;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROCEDURE FOR DETERMINATION OF BENCH MARK PRICE FOR DUTIABLE MINING PRODUCTS.
In this Ministerial Regulation:
(1) Export Bench Mark Price hereinafter abbreviated as HPE is a benchmark price set periodically by the Minister after coordinating with minister/head of non ministerial government agency/head of related technical agency.
(2) Mining Products are non-renewable natural resources extracted from the earth that has not been processed and/or purified (raw materials or ore) may be metallic minerals, nonmetallic minerals and rocks.
(3) Free On Board (FOB) price is the Cost Insurance and Freight (CIF) minus the cost of shipping and insurance costs.
(4) Minister is the minister who held government affairs in the field of trade.
(5) Director General is the Director General of Foreign Trade Ministry of Trade.
(1) HPE on Mining Products periodically determined by the Minister.
(2) Minister delegate HPE determination as intended in paragraph (1) to the Director General.
(3) HPE as intended in paragraph (1) is the basis for determining the Export Price by the Minister of Finance for the calculation of Export Levy.
(4) Mining Products as intended in paragraph (1) are listed in the Attachment that is an integral part of this Ministerial Regulation.
Determination of HPE on Mining Products as intended in Article 2 paragraph (1) by considering:
(1) The HPE on Mining Products as intended in Article 2 paragraph (1) based on:
(2) The highest average price as intended in paragraph (1) shall be determined by the highest average price in the last period before determination of HPE.
(3) The highest average price as intended in paragraph (2) is calculated from 10 (ten) days prior to the effective period up to 10 (ten) days prior to the expiration of effective period.
(1) HPE on Mining Products as intended in Article 2 paragraph (1), is determined after coordinating with minister/head of non ministerial government agency/head of related technical agency.
(2) Implementation of coordination as intended in paragraph (1) is carried out by elements of the Ministry of Trade with ministry/non ministerial government agency/related technical agency that are included in HPE Determination Team.
(3) HPE Determination Team as intended in paragraph (2) is established by the Minister.
(1) HPE as intended in Article 5 paragraph (1) proposed by the Minister of Energy and Mineral Resources in this case the Director General of Mineral and Coal, Ministry of Energy and Mineral Resources.
(2) The proposal as intended in paragraph (1) shall be submitted in writing to the Minister through the Chairman of the HPE Determination Team no later than 10 (ten) days before the expiration date of HPE.
(3) The proposal as intended in paragraph (2) is discussed by HPE Determination Team.
(4) Based on the results of the discussion as intended in paragraph (3), HPE Determination Team proposed determination to the Minister.
In case of new HPE is not determined yet, expired previous HPE, shall remain valid.
This Ministerial Regulation shall come into force on 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 May 28, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed.
GITA IRAWAN WIRJAWAN
Copy same with the original
Secretariat General of the Ministry of Trade
Head of Legal Bureau,
signed,
LASMININGSIH