to Indonesian
a. that based on Article 122 of Government Regulation Number 6 of 2007 in conjunction with Number 3 of 2008 concerning Forestry Arrangement and Preparation of Forest Management Plant as well as Forest Utilization, Authority to regulate export of forestry products is governed by minister who has responsibility in the field of Trade on the proposal of Ministry of Forestry;
b. that in the framework to implement Article 8 paragraph (1) of Regulation of the Minister of Trade Number 20/M-DAG/PER/5/2008 concerning Provisions to Export Forestry Industry Products, each export of forestry industry products that have Ulin Timber raw materials should get Export Approval (SPE) from Director General of Foreign Trade after get recommendation from Ministry of Forestry;
c. that to obtain recommendation from Minister as intended in paragraph b, PROKALINDO will be exported should be verified by Independent Assessment and Verification Institution;
d. that in relation with the matters above, it is necessary to determined Recommendation to Export Ulin Timber Processing Products (PROKALINDO) by Regulation of the Minister of Forestry.
1. Law Number 5 of 1990 concerning Conservation of Bio Natural Resources and their Ecosystems (Statute Book of the Republic of Indonesia Number 49 of 1990, Supplement to Statute Book of the Republic of Indonesia Number 3419);
2. Law Number 41 of 1999 concerning Forestry (Statute Book of the Republic of Indonesia Number 167 of 1999, Supplement to Statute Book Number 3888) as amended by Law Number 19 of 2004 concerning Stipulation of Government Regulation in lieu of Law Number 1 of 2004 concerning Amendment to Law Number 41 of 1999 concerning Forestry becomes Law (Statute Book of the Republic of Indonesia Number 86 of 2004, Supplement to Statute Book Number 4412);
3. Law Number 23 of 1997 concerning Management of Environment (Statute Book of the Republic of Indonesia Number 68 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 3699);
4. Law Number 32 of 2004 concerning Regional Government (Statute Book of the Republic of Indonesia Number 125 of 2004, Supplement to Statute Book of the Republic of Indonesia Number 4437) as amended several times, the latest by Law Number 12 of 2008 concerning Second Amendment to Law Number 32 of 2004 concerning Regional Government (Statute Book of the Republic of Indonesia Number 59 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4844);
5 Law Number 26 of 2007 concerning Spatial Arrangement (Statute Book of the Republic of Indonesia Number 68 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4725);
6. Government Regulation Number 27 of 1999 concerning Environment Impact Assessment (Statute Book of the Republic of Indonesia Number 59 of 1999, Supplement to Statute Book of the Republic of Indonesia Number 3838);
7. Government Regulation Number 35 of 2002 concerning Re-plantation Fund (Statute Book of the Republic of Indonesia Number 67 of 2002, Supplement to Statute Book Number 4207) as amended by Government Regulation Number 58 of 2007 (Statute Book of the Republic of Indonesia Number 131 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4776);
8. Government Regulation Number 44 of 2004 concerning Forest Planning (Statute Book of the Republic of Indonesia Number 146 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4452);
9. Government Regulation Number 45 of 2004 concerning Forest Protection (Statute Book of the Republic of Indonesia Number 147 of 2004, Supplement to Statute Book of the Republic of Indonesia Number 4453);
10. Government Regulation Number 6 of 2007 concerning Forestry Arrangement and Preparation of Forest Management Plant as well as Forest Utilization (Statute Book of Republic of Indonesia Number 22 of 2007, Supplement to Statute Book of Republic of Indonesia Number 4696) as amended by Government Regulation Number 3 of 2008 (Statute Book of the Republic of Indonesia Number 16 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4814);
11. Presidential Decree Number 187/M of 2004 concerning the Establishment of the United Indonesia Cabinet as amended several times, the latest by Presidential Decree Number 31/P of 2007;
12. President of the Republic of Indonesia Regulation Number 9 of 2005 concerning the Status, Duties, Functions, Organizational Structure and Work Flow of the State Ministries of the Republic of Indonesia as amended several times, the latest by Number 20 of 2008;
13. Presidential Decree Number 10 of 2005 concerning Organization and Tasks of Echelon I of State Ministries of the Republic of Indonesia as amended several times, the latest by Number 50 of 2008;
14. Regulation of the Minister of Forestry Number P.13/Menhut-II/2005 concerning the Organization and Work Flow of the Ministry of Forestry as amended several times, the latest by Number P.64/Menhut-II/2008;
15. Regulation of the Minister of Forestry Number: P.55/Menhut-II/2006 in conjunction with Number P.63/MENHUT-II/2006 and Number P.08/Menhut-II/2009 concerning the Administration of State Forests Products;
16. Regulation of the Minister of Forestry Number P.6/Menhut-II/2007 in conjunction with Regulation of the Minister of Forestry Number P.40/Menhut-II/2007 concerning the Work Plan and Annual Work Plan for Utilization of Forest Timber in Natural Forest and Ecosystem Restoration in Natural Forest of Production Forest;
17. Regulation of the Minister of Forestry Number P.39/Menhut-II/2008 concerning Procedures for Imposition of Sanctions to the Forest Utilization License Holder;
18. Regulation of the Minister of Forestry Number P.58/Menhut-II/2008 concerning Competence and Certification of Technical Manpower of Sustainable Production Forest Management;
19. Regulation of the Minister of Industry of the Republic of Indonesia, the Minister of Trade of the Republic of Indonesia and the Ministry of Forestry of Republic of Indonesia Number: 08/M-Ind/PER/2/2006, Number 01/M-DAG/PER/2/2006 and No. P.08/Menhut-VI/2006 concerning Revocation of Joint Decree of Minister of Forestry and Minister of Industry and Trade of Indonesia Number SK.350/Menhut-VI/2004 and Number 598/MPP/Kep/9/2004 concerning Prohibition of Export of Wooden Railway Bearings and Sawn Wood;
20. Regulation of the Minister of Trade Number 20/M-DAG/PER/5/2008 concerning Provisions on the Export of Forestry Industry Products.
REGULATION OF THE MINISTER OF FORESTRY OF THE REPUBLIC OF INDONESIA CONCERNING PROCEDURES TO ISSUES RECOMMENDATION TO EXPORT ULIN TIMBER PROCESSING PRODUCTS (PROKALINO)
In this Ministerial Regulation what is referred as:
1. Ulin Timber Processing Products (PROKALINO) is a processed timber products and the derivatives as well as finished goods made from Ulin Timber.
2. Registered Exporter of Forestry Industry Products, hereinafter called as ETPIK is Forestry Industry company that has gained recognition as ETPIK from the Director General of Foreign Trade.
3. Utilization Permit of Timber Forest Products at Natural Forests (IUPHHK-HA) or Plant Forests (IUPHHK-HT) is a permit as intended in the Government Regulation Number 6 of 2007 in conjunction with Number 3 of 2008.
4. Timber Utilization Permit (IPK) is a license to utilize timber and or non timber forest products from production forest area that is converted, use the area with lend use status, exchange and from Other Utilization Area (APL) or Non Forestry Plantation Areas (KBNK);
5. Other Valid Permit (ILS) is a forest utilization permit granted in the form of Timber Utilization Permit;
6. Independent Assessment and Verification Agency, hereinafter called as LP&VI is an institution that has been accredited by the accreditation agency to assess the performance of sustainable forest management or verify the legality/validity timber forest products of license holders or owners of right forests.
7. Director General is the Director General of Forest Production Fostering.
PROKALINDO only can be exported by companies already obtained recognition as ETPIK from Director General of Foreign Trade, Ministry of Trade.
(1) LP&VI is accredited by National Accreditation Committee (KAN)
(2) Based on accreditation by KAN as intended in paragraph (1), LP&VI is determined by Director General on behalf of Minister.
(1) PROKALINDO will be exported should be verified by LP&VI.
(2) Cost of verification of legality as intended in paragraph (1) is charged to applicant ETPIK.
(3) In case there is no LP&VI as intended in Article 3 accredited by KAN, verification can be done by Independent Appraisal Institution that is determined by Director General.
(1) Based on verification result by LP&VI as intended in Article 4 paragraph (1), ETPIK file application for recommendation to the Director General by attaching requirements:
(2) Director General issues recommendation to export PROKALINO to Director General of Foreign Trade, Ministry of Trade at the latest 7 (seven) working days since date receive complete application.
PROKALINO only can be obtained recommendation to export as intended in Article 5 paragraph (2) which Ulin Timber raw materials are from:
By this Regulation of the Minister of Forestry comes into force, Regulation of the Minister of Forestry Number P.65/Menhut-II/2008 concerning Recommendation to export Ulin Timber Processing Products is declared void.
This Regulation of the Minister of Forestry comes into force on the date of promulgation.
For public cognizance, this Regulation of the Minister of Forestry shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On May 18, 2009
MINISTER OF FORESTRY OF THE REPUBLIC OF INDONESIA
signed.
H. M. S. KABAN
STATE GAZETTE OF REPUBLIC OF INDONESIA NUMBER 127 OF 2009