to Indonesian
a. that in the framework to support environmental conservation and sustainable use of tin, domestic tin demands, improving the export competitiveness of tin, as well as adjustments to the determination of a new goods classification system, and provisions of regulation on the minerals mining, it is necessary to rearrange provisions on the export of tin
b. that based on 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 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);
3. 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);
4. Law Number 32 of 1997 concerning Commodity Futures Trading (Statute Book of the Republic of Indonesia Number 93 of 1997, Supplement to Statute Book Number 3720) as amended by Law Number 10 of 2011 (Statute Book of the Republic of Indonesia Number 79 of 2011, Supplement to Statute Book of the Republic of Indonesia Number 5232);
5. Law Number 39 of 2008 concerning State Ministries (Statute Book of the Republic of Indonesia Number 166 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4916);
6. Law Number 4 of 2009 concerning Mineral and Coal Mining (Statute Book of the Republic of Indonesia Number 4 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 4959);
7. Law Number 32 of 2009 concerning Protection and Management of Environment (Statute Book of the Republic of Indonesia Number 140 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5059);
8. Government Regulation Number 1 of 1982 concerning Implementation of Export, Import, and Foreign Exchange Traffic (Statute Book of the Republic of Indonesia Number 1 of 1982, Supplement to Statute Book of the Republic of Indonesia Number 3210) as amended by Government Regulation Number 24 of 1985 (Statute Book of the Republic of Indonesia Number 33 of 1985, Supplement to Statute Book of the Republic of Indonesia Number 3291);
9. Government Regulation Number 22 of 2010 concerning Mining Sites (Statute Book of the Republic of Indonesia Number 28 of 2010, Supplement to Statute Book of the Republic of Indonesia Number 5110);
10. Government Regulation Number 23 of 2010 concerning Implementation of Mineral and Coal Mining Business Activities (Statute Book of the Republic of Indonesia Number 29 of 2010, Supplement to Statute Book of the Republic of Indonesia Number 5111) as amended by Government Regulation Number 24 of 2012 (Statute Book of the Republic of Indonesia Number 45 of 2012, Supplement to Statute Book of the Republic of Indonesia Number 5282);
11. Government Regulation Number 55 of 2010 concerning Directing and Supervision on the Mineral and Coal Mining Business Processing Implementation (Statute Book of the Republic of Indonesia Number 85 of 2010, Supplement to Statute Book of the Republic of Indonesia Number 5142);
12. Government Regulation Number 9 of 2012 concerning Kinds and Rate of Non Tax State Revenues applied in the Ministry of Energy and Mineral Resources (Statute Book of the Republic of Indonesia Number 16 of 2012, Supplement to Statute Book of the Republic of Indonesia Number 5276);
13. Presidential Decree Number 260 of 1967 concerning Affirmation of Duties and Responsibility of Minister of Trade in the field of Foreign Trade;
14. Presidential Regulation Number 10 of 2008 concerning Application of Electronic System in the Framework of Indonesia National Single Window;
15. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;
16. 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;
17. 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;
18. Regulation of the Minister of Finance Number 145/PMK.04/2007 concerning Customs Provisions in the Field of Export;
19. Regulation of the Minister of Trade Number 28/M-DAG/PER/6/2009 concerning Provisions on the Export and Import Licensing Service within Electronic System through INATRADE in the Framework of Indonesia National Single Window;
20. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade as amended by Regulation of the Minister of Trade Number 57/M-DAG/PER/8/2012;
21. Regulation of the Minister of Energy and Mineral Resources Number 07 of 2012 concerning Increasing of Value Added Through Mineral Processing and Purification Activities as amended by Regulation of the Minister of Energy and Mineral Resources Number 11 of 2012;
22. Regulation of the Minister of Trade Number 13/M-DAG/PER/3/2012 concerning General Provisions in the Field of Export;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS ON THE EXPORT OF TIN
In this Ministerial Regulation, what is referred as:
1. Tin is a silvery white metal with low hardness, heavy kind 7.3 g/cm3 and has thermal and electrical conductive characteristics.
2. Tin ore is unrefined Tin and still in the form of ore or Tin concentrates sand or not in the form of bar.
3. Bar Tin and Tin in other shapes are Tin whether is combined or not that is the result from processing and purifying activities.
4. Solder Tin is Tin in the form of bar and other shapes used for soldering.
5. Export of Tin is activities to release Tin from the customs territory.
6. Registered Tin Exporter, hereinafter called as ET-Tin, is a company that has gained recognition to export Tin.
7. Mining Permit hereinafter called as IUP is licensed to carry out mining operations.
8. Production Operation Mining Permit, hereinafter called as IUP Production Operation, is a business license granted after the completion of an IUP Exploration to carry out the production operation stage.
9. People's Mining Permit, hereinafter called as IPR, is licensed to carry out mining operations in the people mining site with limited area and investment.
10. Special Mining Business Permit hereinafter called as IUPK is a permit to conduct mining operations in the area of special mining business permit.
11. Production Operations Special Mining Business Permit hereinafter called as IUPK Production Operation, is business permit granted after completion of IUPK Exploration to carry out production operation stages activities in the special mining business permit.
12. Contract of Work hereinafter called as KK, is an agreement between the Government of the Republic of Indonesia with a company incorporated in Indonesia in the framework of Foreign Investment to carry out mineral mining, excluding petroleum, natural gas, geothermal, radioactive and coal.
13. Letter of Cooperation Agreement is an agreement letter containing an agreement between the holder of IUP Production Operation with holder of IUP special Production Operation for processing and purifying and/or IUP special Production Operation for the transportation and sales with the holder of IUP are validated by authorized official who issued.
14. Smelter is a processing and purifying activities place of Tin Ore.
15. Tin Exchange is an international tin market in Indonesia, which is part of Indonesia Commodity and Derivatives Exchange (BKDI).
16. Verification or Technical Inquiry is a checking and examination of export goods made by Surveyor.
17. Surveyor is a survey company that is authorized to conduct verification or technical inquiry on the Export of Tin.
18. Indonesia National Single Window, hereinafter called INSW, is Indonesian national system that allows single submission of data and information, single and synchronous processing of data and information, and single decision-making for custom release and clearance of cargoes.
19. INSW Portal is a system that will perform the integration of information relating to the handling of customs documents and clearance of cargoes, ensuring data and information security as well as combined flow and processes of information across internal systems automatically, which includes system of customs, licensing, port/airport affairs, and the other systems related with the handling of customs documents and clearance of cargoes.
20. Mandatory Ports are ports that are designated as ports to implement fully the National Single Window (NSW) on export.
21. Minister is the minister who held government affairs in the field of trade.
22. Director General is the Director General of Foreign Trade, Ministry of Trade.
Tin is limited in export include Bar Tin and Tin in other forms (Tariff Post/HS 8001.10.00.00 and 8001.20.00.00), and Solder Tin (Tariff Post/HS 8003.00.10.00 and 8003.00.90.00).
(1) Bar Tin and Tin in other forms as intended in Article 2 may be exported if it contains Stannum with the lowest level of 99.85% Sn.
(2) The provisions as intended in paragraph (1) shall apply from January 1, 2013 up to June 30, 2013.
(3) Effective since July 1, 2013, Bar Tin and Tin in other forms as intended in Article 2 may be exported if it contains Stannum with the lowest level of 99.9% Sn and 0.1% highest impurities element.
(4) The provisions on the percentage of level of impurity element as intended in paragraph (3), is governed as follows:
(1) Solder Tin as intended in Article 2 may be exported if it contains at least low levels of Stannum with 63% Sn and Lead with the highest levels of 35% Pb and other impurities elements of the highest 2%.
(2) The provisions of paragraph (1) shall come into force on January 1, 2013.
Tin as intended in Article 2 shall meet the following requirements:
(1) Tin as intended in Article 2 may only be exported by a company that has gained recognition as an ET-Tin from the Director General.
(2) Tin exported by ET-Tin as intended in paragraph (1), processed from Tin Ore derived from IUP owned by itself and/or cooperation contract as stated in the letter of recognition as ET-Tin.
(1) To be recognized as ET-Tin as intended in Article 6 paragraph (1), the company must submit a written application to the Director General, accompanied with the following documents:
(2) The Director General shall issue recognition as ET-Tin maximum in 5 (five) working days after received of complete and correct application.
(3) Recognition as ET-Tin as intended in paragraph (2) shall be valid for 3 (three) years.
(4) Form recognition as ET-Tin as intended in paragraph (2) is listed in Attachment I that is an integral part of this Ministerial Regulation.
(1) The validity of recognition as ET-Tin as intended in Article 7 (3) can be extended.
(2) Application for extension of recognition as ET-Tin shall comply with the provisions of application as intended in Article 7 paragraph (1).
Any change in the form of IUP Tin in the form area reduction or increase of IUP Tin, ET-Tin should submit application to change ET-Tin in writing to the Director General accompanied by the following documents:
(1) Any changes in the company's data contained in the recognition as ET-Tin, ET-Tin should submit application for changing of ET-Tin no later than 30 (thirty) working days since any change of data.
(2) Application of changing of ET-Tin as intended in paragraph (1) shall be submitted in writing to the Director General by attaching:
(1) Tin as intended in Article 2 may be traded through Tin Exchange.
(2) Tin that is obtained and traded through Tin Exchange as intended in paragraph (1) may only be exported by ET-Tin as intended in Article 6 paragraphs (1) and (2).
(3) The ET-Tin has been conducting transactions on the Tin Exchange but is frozen or revoked the recognition as ET-Tin, the Tin as intended in paragraph (1) may be exported by ET-Tin appointed by the Director General by consider the proposal and Tin buyer.
(1) Average Tin price on Tin Exchange and/or the average Tin price on the international Tin market at the time will be exported can be used as the basis for calculation of production fee/royalty.
(2) In case of there is significant difference between average prices on Tin Exchange with average Tin price on the international Tin market as intended in paragraph (1), Tin pricing is based on the highest average price of 2 (two) sources of tin price.
(1) Tin as intended in Article 2 should be carried out Verification or Technical Inquiry before unloading goods.
(2) The Verification or Technical Inquiry as intended in paragraph (1) carried out by the surveyor appointed by the Minister.
(3) Minister delegate authority to determine Surveyor as intended in paragraph (2) to the Director General.
(4) The Director General shall determine Surveyor as intended in paragraph (2) for and on behalf of the Minister.
(1) To be determined as executor of Verification or Technical Inquiry, Surveyor as intended in Article 12 paragraph (2) shall meet the following requirements:
(2) To be determined as executor of Verification or Technical Inquiry, Surveyor as intended in Article 13 paragraph (2) shall submit a written application to the Director General by enclosing:
(1) To be done Verification or Technical Inquiry, ET-Tin shall apply for Verification or Technical Inquiry to the Surveyor.
(2) Verification or Technical Inquiry by the surveyor as intended in paragraph (1) including:
(3) Verification or Technical Inquiry as intended in Article 13 paragraph (1) shall include at least the data or information on:
(4) The Verification or Technical Inquiry made by the surveyor as intended in paragraph (3) shall be written in the form of Surveyor Report (LS).
(5) Issuance of LS by the Surveyor at the latest 1 (one) day after the checking of goods loading.
(6) LS used as complementary customs documents required for registration of Export Declaration (PEB).
(7) LS issued by Surveyor can only be used for once shipment.
(8) Cost incurred for the implementation of the Verification or Technical Inquiry of Tin Export made by the Surveyor is charged to ET-Tin.
(9) On the Verification or Technical Inquiry of Tin Export, surveyor collect service fee that the amount is determined based on the cost-benefit principle.
(1) ET-Tin should submit export realization report every month to the Director General in this case the Director of Industrial and Mining Products Export with a copy to:
(2) The report as intended in paragraph (1) shall be submitted no later than the 15 of the ensuing month.
(3) Submission of Tin Export realization report by ET-Tin through http://inatrade.kemendag.go.id.
(4) Form of export realization report as intended in paragraph (1) is listed in Attachment V that is an integral part of this Ministerial Regulation.
(1) Surveyor shall submit LS as intended in Article 15 paragraph (4) through http://inatrade.kemendag.go.id.
(2) In case of http://inatrade.kemendag.go.id as intended in paragraph (1) does not work because of the force majeure, LS is submitted manually to the INSW portal.
(3) For the issuing LS Surveyor at Mandatory Port shall submit LS directly after LS is published.
(4) The surveyor who published LS not at Mandatory Port shall submit LS as intended in Article 15 paragraph (4) at least 1 (one) week after publication.
(5) Surveyor has responsibility for any LS that has been published.
(1) Surveyor shall submit a written report on the activities of the Verification or Technical Inquiry every month no later than the 15 of the ensuing month to the Director General in this case the Director of Industrial and Mining Products Export with a copy to:
(2) Surveyor must submit recapitulation of LS every month no later than the 15 of the ensuing month to the Director General in this case the Director of of Industrial and Mining Products Export.
(3) Form of LS recapitulation as intended in paragraph (2) is listed in Attachment VI that is an integral part of this Ministerial Regulation.
(1) Recognition as ET-Tin is frozen if the company and/or the management/director of the company:
(2) Recognition as ET-tin that has been frozen can be reactivated if the company and/or the management/director of the company:
(3) Recognition as ET-Tin revoked if the company and/or the management/director of the company:
(4) Frozen, reactivation, and revocation of recognition as ET-Tin as intended in paragraph (1), paragraph (2), and paragraph (3) carried out by the Director General.
Determination as executor of Verification or Technical Inquiry shall be revoked if the Surveyor:
Technical guidelines for implementing this Ministerial Regulation may be prescribed by the Director General.
Recognition as ET-Bar Tin issued based on Regulation of the Minister of Trade Number 04/MDAG/PER/1/2007 concerning Provisions on the Export of Bar Tin, shall remain valid until it is expire.
When this Ministerial Regulation comes into force, Regulation of the Minister of Trade Number 04/M-DAG/PER/1/2007 concerning Provisions on the Export of Bar Tin shall be revoked and declared void and void.
This Ministerial Regulation shall come into force on January 1, 2013.
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 December 14, 2012
MINISTER OF TRADE OF REPUBLIC OF INDONESIA,
signed.
GITA IRAWAN WIRJAWAN