JOINT DECREE OF
THE MINISTER OF TRADE AND
MINISTER OF MARINE AND FISHERY
No. 05/M/Kep/XII/2004 AND
No. SKB.53/MEN/2004

ON
THE IMPORT OF SHRIMP TO THE TERRITORY OF THE REPUBLIC OF INDONESIA

Considering :

• 1. that following the distribution of shrimps contaminated by antibiotics, pests and fish diseases on the international market as well as in order to prevent the shrimps, particularly fresh and frozen shrimps from coming into the territory of the Republic of Indonesia, the port of shrimps needs to be regulated;
• 2. that in a bid to prevent and overcomes the arising risks able to endanger human health and lives as well as able to cause the infection of the pests and fish disease as a result of the import, it is necessary to prohibit provisionally the import of shrimps to the territory of the Republic of Indonesia and undertake risk assessment;
• 3. that in relation thereto, it is necessary to issue a joint decree of the Minister of Trade and Minister of Marine and Fishery;

In view of:

• 1. The Trade Ordinance of 1934 (Statute Book of 1938 No. 86);
• 2. Law No. 16/1992 on animal, fish and plant quarantine (Statute Book of 1992 No. 56, Supplement to Statute Book No. 3482);
• 3. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
• 4. Law No. 31/2004 on fishery (Statute Book of 2004 No. 118, Supplement to Statute Book No. 4433);
• 5. Government Regulation No. 15/2002 on fish quarantine (Statute Book of 2002 No. 36, Supplement to Statute Book No. 4179);
• 6. Government Regulation No. 54/2002 on fishery business (Statute Book of 2002 No. 100, Supplement to Statute Book No. 4230);
• 7. Presidential Decree No. 260/1967 on affirmation of tasks and responsibility of the Minister of Trade in the international trade sector;
• 8. Presidential Decree No. 102/2001 on the status, tasks, functions, authority, organizational structures and working arrangements of ministries, as already amended several times and the latest by Presidential Decree No. 35/2004;
• 9. Presidential Decree No. 109/2001 on first-echelon organizational units and tasks of ministries, as already amended several times and the latest by Presidential Decree No. 38/2004;
• 10. Presidential Decree No. 187/M/2004 on the establishment of United Indonesia Cabinet;
• 11. Decree of the Minister of Industry and Trade No. 80/MPP/KEP/3/2001 on the organization and working arrangement of the Ministry of Industry and Trade;
• 12. Decree of the Minister of Marine and Fishery No. KEP.24/MEN/2002 on procedures and techniques of formulation of legislation within the Ministry of Marine and Fishery;
• 13. Decree of the Minister of Marine and Fishery No. KEP.05/MEN/2003 on the organization and working arrangement of the Ministry of Marine and Fishery;
• 14. Decree of the Minister of Finance No. 545/KMK.01/ 2003 on stipulation of systems of classifications of imported goods;

DECIDES :

To stipulate:

THE JOINT DECREE OF THE MINISTER OF TRADE AND MINISTER OF MARINE AND FISHERY CONCERNING PROHIBITION ON THE IMPORT OF SHRIMPS TO THE TERRITORY OF THE REPUBLIC OF INDONESIA.

Article 1

(1) The fresh and frozen shrimps as contained in the attachment to this decreecannot be imported to the territory of the Republic of Indonesia.

(2) The prohibition as meant in paragraph (1) shall apply for 6 (six) months as from the date of stipulation of this joint decree and can be extended for the next 6 (six) months.

Article 2

(1) Shrimps imported for scientific purposes shall be excepted from the provision in Article 1.

(2) The import of shrimps for the scientific purpose as meant in paragraph (2) only can be imported after securing a written license from the Minister of Trade on the basis of recommendation of the Minister of Marine and Fishery or the appointed official.

Article 3

(1) The frozen and fresh shrimps as meant in Article 1 paragraph (1) arriving at Indonesian ports on and after the date of stipulation of this decree shall be re-exported or destroyed.

(2) The re-export or destruction of the shrimps as meant in paragraph (1) shall become responsibility and be at expense of the said importers.

Article 4

The excepted from the provision in Article 3 shall be shrimps already shipped or ready to be shipped in the framework of fulfilling contracts already signed by importers before December 2, 2004.

Article 5

Violation of the provisions in this joint decree intentionally or due to negligence shall be subjected to sanction in accordance with the provisions of the law in force.

Article 6

The joint decree shall come into force as from the date of stipulation.

For public cognizance, the decree shall be announced by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On December 28, 2004

THE MINISTER OF TRADE,
sgd
MARI ELKA PANGESTU

THE MINISTER OF MARINE AND FISHERY
sgd
FREDDY NUMBERY