to Indonesian
a. that in order to support the smooth flow of goods and to realize efficient trade system in import procedure of consumer goods from outside the Customs Territory into the Free Trade Zone and Free Port, it is necessary to give facilitation to import consumer goods;
b. that in order to facilitate the fulfillment of the residents consumption needs for horticulture products in the Free Trade Zone and Free Port, it is necessary to delegate authority to issue horticulture products import permit to Batam Free Trade Zone and Free Port Management Board, Bintan Free Trade Zone and Free Port Management Board, and Karimun Free Trade Zone and Free Port Management Board;
c. that based on 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 3 of 1982 concerning Company Registration Compulsory (Statute Book of the Republic of Indonesia Number 7 of 1982, Supplement to Statute Book of the Republic of Indonesia Number 3214);
3. Law Number 16 of 1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia Number 56 of 1992, Supplement to Statute Book of the Republic of Indonesia Number 3482);
4. Law Number 7 of 1994 concerning the 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);
5. 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);
6. Law Number 7 of 1996 concerning Food (Statute Book of the Republic of Indonesia Number 99 of 1996, Supplement to Statute Book of the Republic of Indonesia Number 3656);
7. Law Number 5 of 1999 concerning Prohibition for Monopolistic Practice 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);
8. Law Number 8 of 1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia Number 42 of 1999, Supplement to Statute Book of the Republic of Indonesia Number 3821);
9. Law Number 36 of 2000 concerning the Determination of Government Regulation in lieu of Law Number 1 of 2000 concerning Free Trade Zone and Free Port become Law (Statute Book of the Republic of Indonesia Number 251 of 2000, Supplement to Statute Book of the Republic of Indonesia Number 4053) as amended by Law Number 44 of 2007 (Statute Book of the Republic of Indonesia Number 130 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4775);
10. 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);
11. Law Number 13 of 2010 concerning Horticulture (Statute Book of the Republic of Indonesia of the Republic of Indonesia Number 132 of 2010, Supplement to Statute Book of the Republic of Indonesia Number 5170);
12. Government Regulation Number 46 of 2007 concerning Batam Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia Number 107 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4757) as amended by Government Regulation Number 5 of 2011 (Statute Book of the Republic of Indonesia Number 16 of 2011, Supplement to Statute Book of the Republic of Indonesia Number 5195);
13. Government Regulation Number 47 of 2007 concerning Bintan Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia Number 108 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4758);
14. Government Regulation Number 48 of 2007 concerning Karimun Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia Number 109 of 2007, Supplement to Statute Book of the Republic of Indonesia Number 4759);
15. Government Regulation Number 10 of 2012 concerning Customs, Taxation and Excise Treatment as well as Procedure to Enter and Release Goods To and From as well as In the Zones are Determined as Free Trade Zone and Free Port (Statute Book of the Republic of Indonesia Number 17 of 2012, Supplement to Statute Book of the Republic of Indonesia Number 5277);
16. Presidential Decree Number 260 of 1967 concerning Division of Task and Responsibility of Minister of Trade in Foreign Trade Field;
17. Presidential Decree Number 9 of 2008 concerning Batam Free Trade Zone and Free Port Council;
18. Presidential Decree Number 9 of 2008 concerning Bintan Free Trade Zone and Free Port Council;
19. Presidential Decree Number 9 of 2008 concerning Karimun Free Trade Zone and Free Port Council;
20. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;
21. 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;
22. Presidential Regulation Number 24 of 2010 concerning Position, Duty and Function of State Ministries as well as Organization Structure, Duty and Function of First Echelon of State Ministries as amended several times, the latest by Presidential Regulation Number 92 of 2011;
23. Regulation of the Minister of Trade Number 54/M-DAG/PER/9/2009 concerning General Provisions in the Field of Import;
24. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Minister of Trade as amended by Regulation of the Minister of Trade Number 57/M-DAG/PER/8/2012;
25. Regulation of the Minister of Agriculture Number 88/Permentan/PP.340/12/ 2011 concerning Food Safety Control on the Entry and Release of Plant Origin Fresh Food;
26. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on the Importer’s Identity Number (API) as amended by Regulation of the Minister of Trade Number 59/M-DAG/PER/9/2012;
27. Regulation of the Minister of Trade Number 30/M-DAG/PER/5/2012 concerning Provisions on the Import of Horticulture as amended several times, the latest by Regulation of the Minister of Trade Number 60/M-DAG/PER/9/2012;
28. Regulation of the Minister of Agriculture Number 42/Permentan/OT.140/6/ 2012 concerning Plant Quarantine Action on the Entry of Fresh Fruits and Fresh Vegetables into Territory of the Republic of Indonesia;
29. Regulation of the Minister of Agriculture Number 43/Permentan/OT.140/6/ 2012 concerning Plant Quarantine Action on the Entry of Fresh Bulbs into Territory of the Republic of Indonesia;
30. Regulation of the Minister of Agriculture Number 60/Permentan/OT.140/9/ 2012 concerning Recommendation on the Import of Horticulture;
REGULATION OF THE MINISTER OF TRADE CONCERNING DELEGATION OF AUTHORITY TO ISSUE IMPORT PERMIT OF HORTICULTURE PRODUCTS TO BATAM FREE TRADE ZONE AND FREE PORT MANAGEMENT BOARD, BINTAN FREE TRADE ZONE AND FREE PORT MANAGEMENT BOARD, AND KARIMUN FREE TRADE ZONE AND FREE PORT MANAGEMENT BOARD
In this Ministerial Regulation what is referred as:
1. Horticulture is everything related with fruit, vegetables, plant medicine ingredients, and floriculture, including mold, mildew, and water plants that serve as vegetables, plant medicine ingredients, and/or aesthetic materials.
2. Horticulture products are all products derived from horticultural crops that are still fresh or have been processed.
3. Import is activities to enter goods to Batam Free Trade Zone and Free Port, Bintan Free Trade Zone and Free Port, and Karimun Free Trade Zone and Free Port from outside of the Customs Territory.
4. Customs Territory is area of the Republic of Indonesia covering land, sea and airspace above it, as well as certain places in the Exclusive Economic Zone and the Continental Shelf in which Customs Law is applied.
5. Batam Free Trade Zone and Free Port, Bintan Free Trade Zone and Free Port, and Karimun Free Trade Zone and Free Port hereinafter called Free Trade Zone and Free Port is a zone within the jurisdiction of the Republic of Indonesia separated from Customs Territory so free from imposition of import duties, Value Added Tax, Sales Tax on Luxury Goods, and Excise.
6. Producer Importer of Horticulture Products hereinafter called as IP-Horticulture Products is a company domiciled in the Free Trade Zone and Free Port that use horticulture products as raw materials or auxiliary materials in its production process and do not trade in or transfer to another party.
7. Registered Importer of Horticulture Products hereinafter called as IT-Horticulture Products is a company domiciled in the Free Trade Zone and Free Port that import Horticulture Products for the need of its business activities to by trade and/or transferred to another party.
8. Import Permit is a permit to import Horticulture Products.
9. Recommendation to Import Horticulture Products hereinafter called RIPH is a certificate issued by an official of agency/related technical unit who has the authority and is requirement for issuance of Import Approval.
10. Batam Zone Council, Bintan Zone Council, and Karimun Zone Council hereinafter called Zone Council is Batam Free Trade Zone and Free Port Council, Bintan Free Trade Zone and Free Port Council, and Karimun Free Trade Zone and Free Port Council
11. Zone Management Board hereinafter called as the BP Zone is Batam Free Trade Zone and Free Port Management Board, Bintan Free Trade Zone and Free Port Management Board, and Karimun Free Trade Zone and Free Port Management Board
12. Minister is the minister who conducts government affairs in the field of trade.
13. Director General is the Director General of Foreign Trade, Ministry of Commerce.
Horticulture products are regulated in import refer to Attachment of Regulation of the Minister of Trade concerning Provision on the Import of Horticulture Products.
(1) Import of Horticulture Products for the needs of the residents to the Free Trade Zone and Free Port from outside of the Customs Territory can only be done by a company that has gained recognition IP-Horticulture Products or determination as an IT-Horticulture Products from the Minister.
(2) The Minister delegate authority to issue recognition as IP-Horticulture Products or determination as IT-Horticulture Products as intended in paragraph (1) to the Head of BP Zone.
(1) IT-Horticulture Products that will import Horticulture Products from outside of Customs Territory into the Free Trade Zone and Free Port should obtain Import Permit from the Minister.
(2) The Minister delegate authority to issues Import Approval as intended in paragraph (1) to the Head of BP Zone.
(1) RIPH as a requirement to obtain recognition as IP-Horticulture Products and Import Approval issued by the Ministry of Agriculture or appointed official.
(2) RIPH as intended in paragraph (1) is given for certain period of import.
(1) Head of BP Zone submits a written recapitulation report on the issuance of recognition as IP-Horticulture Products, determination as IT-Horticulture Products and Import Approval already issued by the BP Zone.
(2) Head of BP Zone submits a written recapitulation report on the realization of Horticulture Products imported by IP-Horticulture Products and IT- Horticulture Products.
(3) The reports as intended in paragraphs (1) and (2) are submitted each month not later than 15 (fifteen) of ensuing month to the Director General with a copy to the Head of Zone Council.
The authority as intended in Article 3 paragraph (2) and Article 4 paragraph (2) may be withdrawn by the Minister, partially or entirely, if:
The provisions on the:
Provisions on the labeling, packaging, and import verification or technical inquiry are governed by Regulation of the Minister of Trade concerning Provisions on the Import of Horticulture Products remain valid to Horticulture Products imported for the needs of the residents in the Free Trade Zone and Free Port from outside of the Customs Territory.
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 January 30, 2013
MINISTER OF TRADE OF REPUBLIC OF INDONESIA
Signed.
GITA IRAWAN WIRJAWAN