to Indonesian
a. that in order to support the effective implementation of policies in the field of imported sheet glass and to comply with the establishment of a new goods classification system, it is necessary to amend Regulation of the Minister of Trade Number 40/M-DAG/PER/9/2009 concerning Verification or Technical Inquiry to Import Sheet Glass;
b. that based on the consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book Number 86 of 1938);
2. Law Number 5 of 1984 concerning Industry (Statute Book of the Republic of Indonesia Number 22 of 1984, Supplement to Statute Book of the Republic of Indonesia Number 3274);
3. Law Number 7 of 1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia Number 37 of 1994, Supplement to Statute Book of the Republic of Indonesia Number 3564);
4. 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);
5. Law Number 5 of 1999 concerning Prohibition for Monopolistic Practical and Unfair Business Competition (Statute Book of the Republic of Indonesia Number 33 of 1999, Supplement to Statute Book of the Republic of Indonesia Number 3806);
6. Law Number 8 of 1999 concerning Customers Protection (Statute Book of the Republic of Indonesia Number 42 of 1999, Supplement to Statute Book Number 3821);
7. Presidential Decree Number 260 of 1967 concerning Affirmation of Duties and Responsibility of Minister of Trade in the field of Foreign Trade;
8. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;
9. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of State Ministries as amended several times, the latest by Presidential Regulation Number 91 of 2011;
10. Presidential Regulation Number 24 of 2010 concerning Position, Duties, and Function of State Ministries as well as Organization Structure, Duties and Function of First Echelon of State Ministries as amended several times, the latest by Presidential Regulation Number 92 of 2011;
11. Regulation of the Minister of Trade Number 40/M-DAG/PER/9/2009 concerning Verification or Technical Inquiry to Import Sheet Glass;
10. Regulation of the Minister of Trade Number 54/M-DAG/PER/10/2009 concerning General Provision in the Field of Import;
11. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade:
12. Regulation of the Minister of Finance Number 188/PMK.04/2010 concerning the Import of Goods are Carried by Passengers, Crew Members of Transportation Means, Border Crossers, and Delivery Goods;
13. Regulation of the Minister of Finance Number 213/PMK.011/2011 concerning Determination of Goods Classification System and Charging Duties on Imported Goods;
14. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on Importer’s Identification Number as amended by Regulation of the Minister of Trade Number 59/M-DAG/PER/9/2012;
REGULATION OF THE MINISTER OF TRADE CONCERNING AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NUMBER 40/M-DAG/PER/9/2009 CONCERNING VERIFICATION OR TECHNICAL INQUIRY TO IMPORT SHEET GLASS
Several provisions in Regulation of the Minister of Trade Number 40/M-DAG/PER/9/2009 concerning Verification or Technical Inquiry to Import Sheet Glass shall be amended as follows:
1. Provision of Article 1 shall be amended become as follows:
"Article 1
In this Ministerial Regulation what is referred as:
1. Sheet Glass is products from non-metallic minerals produced through the combustion process by using technology of casting, drag, and buoyancy as well as other types of sheet glass that have undergone further processing, which are included in Tariff Post/HS 70.03, 70.04, 70.05, 70.06, and 70.07.
2. Import verification or technical inquiry is technical inspection activities on the imported goods in the country of loading conducted by surveyor.
3. Surveyor is a surveying company which is authorized to conduct the verification or technical inquiry on the imported goods.
4. Minister is minister who conducts government affairs in the field of Trade.
5. Director General is Director General of Foreign Trade, Ministry of Trade."
2. Provision of Article 4 paragraph (3) shall be amended, so Article 4 become as follows:
"Article 4
(1) To be appointed as implementer of import verification or technical inquiry of Sheet Glass, Surveyor shall meet following requirements:
a. holding a survey service permit (SIUJS);
b. having experience as a surveyor for at least 5 (five) years; and
c. having a branch, representative or affiliate abroad.
(2) The surveyor appointed to conduct verification or technical inquiry of the import of Sheet Glass as intended in Article 3 paragraph (1) shall convey a periodical written report on the verification or technical inquiry on the import of sheet glass once a month.
(3) The written report as intended in paragraph (2) shall be conveyed to the Director General in this case the Director of Import, Ministry of Trade with a copy to the Director General of Manufacturing Industry Base in this case the Director of Downstream Chemical Industry, Ministry of Industry in the first week of the ensuing month."
3. Provision of Article 8 shall be amended become as follows:
"Article 8
Verification or technical inquiry activities on the import of Sheet Glass by Surveyor as intended in Article 3 do not diminish the authority of the Directorate General of Customs and Excise, Ministry of Finance to perform customs inspection."
This Ministerial Regulation shall come into force on the date of promulgation.
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 November 23, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN