to Indonesian
a. that in the framework to implement the provisions of Article 5 paragraph (1) of Government Regulation Number 55 of 2008 concerning the Imposition of Export Levy on the Export Goods, it is necessary to stipulate procedure for determination of export bench mark price for dutiable export goods;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law Year 1934 (Statute Book Number 86 of 1938);
2. Law Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 75 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3612) as amended by Law Number 17 of 2006 (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4661);
3. Government Regulation Number 55 of 2008 concerning the Imposition of Export Levy for Export Goods (Statute Book of the Republic of Indonesia Number 116 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4886);
4. Presidential Decree Number 260 of 1967 concerning Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Field;
5. Presidential Decree Number 187/M of 2004 concerning the Establishment of the United Indonesia Cabinet as amended by Presidential Decree Number 171/M of 2005;
6. Presidential Regulation Number 9 of 2005 concerning the Position, Duties, Functions, Organizational Structure, and Work Flow of Ministry of Trade of Republic of Indonesia as amended the latest by Presidential Regulation Number 20 of 2008;
7. Presidential Regulation Number 10 of 2005 concerning Organization Unit and Duties of First Echelon of State Ministries of the Republic of Indonesia as amended the latest by Presidential Regulation Number 21 of 2008;
8. Decree of the Minister of Industry and Trade Number 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 Number 01/M-DAG/PER/1/2007;
9. Regulation of the Minister of Trade Number 01/M-DAG/PER/3/2005 concerning Organization and Work Flow of Ministry of Trade as amended the latest by Regulation of the Minister of Trade of the Republic of Indonesia Number 34/M-DAG/PER/8/2007;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROCEDURE FOR DETERMINATION OF EXPORT BENCH MARK PRICE FOR DUTIABLE EXPORT GOODS
In this Ministerial Regulation:
(1) HPE on export goods is periodically determined by the Minister.
(2) 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;
(3) Determination of HPE as intended in paragraph (1) is delegated to Director General on behalf of the Minister.
(4) Export goods as intended in paragraph (1) is listed in Attachment that is an integral part of this Ministerial Regulation.
Determination of HPE on export goods as intended in Article 2 paragraph (1) is conducted by considering:
(1) The determination of HPE on export goods as intended in Article 2 paragraph (1) based on:
(2) International average price or FOB average price of Rotterdam CIF as intended in paragraph (1) is determined based on average price of last period before determination of HPE.
(3) Average price as intended in paragraph (2) is calculated from beginning period until 10 (ten) days before ending of effective next HPE period.
(1) HPE on the export goods as intended in Article 2 paragraph (1) is determined after coordinating with minister/head of non ministerial government agencies/head of related technical agencies.
(2) Implementation of coordination as intended in paragraph (1) is carried out by elements of the Ministry of Trade with related ministry/non ministerial government agencies/technical agency and commodity association that are included in HPE Determination Team.
(3) HPE Determination Team as intended in paragraph (2) is established by Minister.
(1) HPE as intended in Article 5 paragraph (1) may be proposed by:
(2) Proposal as intended in paragraph (1) is submitted in written to the Minister through Head of HPE Determination Team at the latest 10 (ten) days before ending of HPE effective period.
(3) Proposal as intended in paragraph (2) is discussed by HPE Determination Team.
(4) Based on discussion result as intended in paragraph (3), HPE Determination Team propose determination of HPE to the Minister.
In case of new HPE is not determined yet, expired previous HPE, shall remain valid.
When this Ministerial Regulation comes into force, Regulation of the Minister of Trade Number 25/M-DAG/PER/12/2006 concerning Procedure for Determination of Export Bench Mark Price for Dutiable Export Goods shall be revoked and declared null and void.
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 1, 2009
MINISTER OF TRADE OF REPUBLIC OF INDONESIA
signed,
MARI ELKA PANGESTU
Copy is same with the original
Secretary General of Ministry of Trade
Head of Legal Bureau
signed,
WIDODO