to Indonesian
a. that in order to implement the provisions of Article 2 paragraph (2) of Regulation of the Minister of Trade Number 33/M-DAG/PER/5/2012 concerning Procedures for Determination of Bench Mark Price for Dutiable Mining Products it is necessary to govern determination of Export Bench Mark Price on the dutiable Mining products;
b. that determination of Export Bench Mark Price on the dutiable Mining 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;
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 57 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 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);
5. 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);
6. 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);
7. 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);
8. Presidential Decree Number 260 of 1967 concerning Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Field;
9. 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;
10. 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;
11. 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;
12. 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;
13. Regulation of the Minister of Energy and Mineral Resources Number 07 of 2012 concerning Increasing of Mineral Value Added Through Mineral Processing and Purification Activities as amended by Regulation of the Minister of Energy and Mineral Resources Number 11 of 2012;
14. Regulation of the Minister of Trade Number 13/M-DAG/PER/3/2012 concerning General Provision in the Field of Export;
15. 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;
16. Regulation of the Minister of Trade Number 33/M-DAG/PER/5/2012 concerning Procedure for Determination of Bench Mark Price for Dutiable Mining Products;
REGULATION OF THE MINISTER OF TRADE CONCERNING DETERMINATION OF BENCH MARK PRICE FOR DUTIABLE MINING PRODUCTS.
Export Bench Mark Price (HPE) is determined based on the highest average international price, highest average Free On Board (FOB) price, highest average in domestic price or highest average price in importer countries of mining products in the last month before the determination of HPE.
HPE of mining products are determined as listed in Attachment that is an integral part of this Ministerial Regulation.
HPE as intended in Article 2 is used as the basis for Determination of Export Price for calculation of Export Levy by the Minister of Finance.
HPE as intended in Article 2 shall come into effect from February 1, 2013 to February 28, 2013.
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 of this Ministerial Regulation shall remain valid as the basis for calculation Export Levy until new HPE is stipulated.
When this Ministerial Regulation applies, Regulation of the Minister of Trade Number 80/M-DAG/PER/12/2012 concerning Determination of Bench Mark Price for Dutiable Mining Products shall be revoked and declared null and void.
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