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REGULATION OF THE MINISTER OF TRADE
NUMBER 04/M-DAG/PER/1/2013

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 Number 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 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 Regulation Number 47 of 2009 concerning the Establishment and Organization of State Ministries as amended by Presidential Regulation Number 91 of 2011;

6. Presidential Decree Number 84/P of 2009 concerning the Establishment of the United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;

7. Presidential Regulation Number 24 of 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 Number 92 of 2011;

8. 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;

9. Regulation of the Minister of Finance Number 75/PMK.011/2012 concerning Stipulation of Export Goods Subject to Export Levy and Rate of Export Levy;

10. Regulation of the Minister of Trade Number 13/M-DAG/PER/3/2012 concerning General Provisions in the Field of Export;

11. Regulation of the Minister of Trade Number 36/M-DAG/PER/5/2012 concerning Procedure for Determination of Bench Mark Price for Dutiable Agriculture and forestry Products;

12. Decree of the Minister of Trade Number 933/M-DAG/KEP/10/2012 concerning Determination of Team for Export 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 3 of Attachment III and for Cocoa Beans are as listed in column 2 of Attachment II of Regulation of the Minister of Finance Number 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 February 1, 2013 to February 28, 2013.

Article 9

In case of expired validity period of HPE has been stipulated based on this Ministerial 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 Number 79/M-DAG/PER/12/2012 concerning Determination of Bench Mark Price for Dutiable Agriculture and Forestry Products with its attachments shall be revoked and declared null and void.

Article 11

This Ministerial Regulation shall come into force on February 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 January 23, 2013
on behalf of MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Director General of Foreign Trade
signed.
BACHRUL CHAIRI