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REGULATION OF THE MINISTER OF TRADE
No. 37/M-DAG/PER/5/2012

CONCERNING
DETERMINATION OF BENCH MARK PRICE FOR DUTIABLE AGRICULTURE AND FORESTRY PRODUCTS

BY THE GRACE OF ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Attachment

Considering:

a. that in order to implement the provisions of Article 2 paragraph (2) of Regulation of the Minister of Trade No. 36/M-DAG/PER/5/2012 concerning Procedures for Determination of Bench Mark Price for Dutiable Agriculture and Forestry Products it is necessary to govern determination of Export Bench Mark Price on the dutiable agriculture and forestry products;

b. that determination of Export Bench Mark Price on the dutiable agriculture and forestry products after considering the written proposal and the results of the coordination meetings with related 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;

In view of:

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. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;

10. 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;

11. 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;

12. Regulation of the Minister of Trade No. 36/M-DAG/PER/5/2012 concerning Procedure for Determination of Bench Mark Price for Dutiable Agriculture and forestry Products;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING DETERMINATION OF BENCH MARK PRICE FOR DUTIABLE AGRICULTURE AND FORESTRY PRODUCTS.

Article 1

Export Bench Mark Price (HPE) is determined based on the average international price or the average FOB price in the last month before determination of HPE.

Article 2

(1) The rate of Export Levy of commodities of palm oil, Crude Palm Oil (CPO), and its derivative products use reference price based on the average price of Cost Insurance Freight (CIF) of Crude Palm Oil (CPO) in Rotterdam, the Malaysian commodity market, and/or Indonesia commodity market, and Cocoa Beans commodity be guided by the 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 III and for Cocoa Beans are as listed in column 2 of Attachment II of Regulation of the Minister of Finance No. 75/PMK.011/2012 concerning the Determination of Export Goods Subject to Export Levy and Rate of Export Levy.

Article 3

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.

Article 4

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.

Article 5

HPE for Timber and Leather commodities are determined as listed in Attachment III that is an integral part of this Ministerial Regulation.

Article 6

HPE for Cocoa Beans commodities are determined as listed in Attachment IV that is an integral part of this Ministerial Regulation.

Article 7

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.

Article 8

HPE as intended in Article 3, Article 5 and Article 6 shall come into effect from June 1, 2012 to June 30, 2012.

Article 9

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 Export Levy until new HPE is stipulated.

Article 10

When this Ministerial Regulation applies, Regulation of the Minister of Trade No. 23/M-DAG/PER/4/2012 concerning Determination of Bench Mark Price for Dutiable Export Goods with its attachments shall be revoked and declared null and void.

Article 11

This Ministerial Regulation shall come into force on June 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 May 31, 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