DECREE OF THE MINISTER OF INDUSTRY AND TRADE
No. 106/MPP/Kep/2/1998

ON
THE IMPORT OF HAZARDOUS SUBSTANCES

THE MINISTER OF INDUSTRY AND TRADE,

Attachment

Considering:

a. that any deviation in the use of hazardous substances can endanger the health of humans/animals/vegetation and cause damage to the environment;
b. that hazardous substances are also used to meet national industrial needs so that their import requires proper control while taking account of then- smooth Procurement and distribution;
c. that for this purpose it is necessary to issue a decree of the Minister of Industry and Trade to this effect.

In view of :

1. The Trade Ordinance of 1934 (Statute Book of 1938 No. 86) as already amended arid supplemented;
2. Law No. 3/I982 on the obligation of corporate registration (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214);
3. Law No. 23/1992 on health affairs (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3495);
4. Law No. 7/1994 on ratification of the Agreement Establishing the World Trade Organization (Statute Book ofi994 No. 57, Supplement to Statute Book No. 3564);
5. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
6. Law No. 23/1997 on the management of the environment (Statute Book of 1997 No. 68, Supplement to Statute Book No. 3699);
7. Government Regulation No. 1/1982 on the realization of exports, imports and the flow of foreign exchange (Statute Book of 1982 No. 1, Supplement to Statute Book No. 3210) as already amended by Government Regulation No. 24/1985 (Statute Book of 1985 No. 32, Supplement to Statute Book No. 3291);
8. Presidential Decree No. 260/1967 on the task and responsibility of the Minister of Trade in tile field of foreign trade;
9. Presidential Decree No. 96/M/1993 on the establishment of the sixth Development Cabinet as already amended the latest by Presidential Decree No. 388/M/1995;
10. Presidential Decree No. 2/1996 on the amendment of Presidential Decree No. 15/1984 on the organizational structures of ministries as already twenty-five times amended the latest by Presidential Decree No. 61/1995;
11. The Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on general provisions in the import sector;
12. The Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods subject to the import trade system;
13. The Decree of the Minister of Industry and Trade No. 29/MPP/SK/2/1996 and No. 92/MPP/Kep/4/1996 on the organization and operational procedure of the Ministry of Industry and Trade;
14. The Decree of the Minister of Industry and Trade No. 105/MPP/Kep/2/1998 on warehousing.

DECIDES

To stipulate:

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE CONCERNING THE IMPORT OF HAZARDOUS SUBSTANCES.

Article 1

Hereinafter referred to as:

a. Hazardous substances shall be chemical and biological substances, single and compound, which can endanger health and the environment directly and indirectly, and are toxic, carcinogenic, tetratogenic, mutagenic, corrosive and irrigative in nature.
b. Safety data sheets (LDP) shall be directives containing information on the physical and chemical properties of hazardous substances, the types of hazards that can be caused, the methods of handling and special treatments in cases of emergency.
c. IT shall be approved importers possessing general importer's identity numbers (API-U) with the special task assigned by the Minister of Industry and Trade to import selected hazardous substances.
d. Approved importers as the import executing agencies of hazardous substances shall act as distributors for the distribution of hazardous substances they import to business units or individuals consuming them.

Article 2

(1) IT realizing the import of hazardous substances shall be appointed by the Minister of Industry and Trade or authorized officials.

(2) The quantities and types Of hazardous substances IT can import shall be determined by the Director General of International Trade after consulting the Director General of Food and Drug Control, the Director General of Domestic Trade and the Director General of Metal, Machine and Chemical Industries.

(3) The quantities of hazardous substances IT plan to import shall meet one year's demand.

Article 3

IT shall be obligated to report their import realization to the Director General of International Trade, tile Director General of Metal, Machine and Chemical Industries and the Director General of Food and Drug Control not later than 1 (one) week after the arrival of hazardous substances at ports of destination.

Article 4

(1) IT shall be obligated to report the distribution and utilization of hazardous substances they import to the Director General of Domestic Trade, the Director General of Metal, Machine and Chemical Industries and the Director General of Food and Drug Control not later than 1 (one) week- after the distribution of hazardous substances to consumers.

(2) The distribution of-hazardous substances shall he carried out directly to consumers and shall not be realized through intermediaries.

Article 5

The import of hazardous substances shall apply packaging and labeling pursuant to the provisions in force and meet United Nations Standard requirements.

Article 6

IT shall be obligated to possess/control storehouses for hazardous substances already recognized by relevant technical ministries/non-departmental government agencies.

Article 7

(1) Hazardous substances subject to Import trade control shall be those as contained in Attachment 1 to this decree.

(2) The model for the report as meant in Article 3 shall be as provided in Attachment II to this decree

(3) The model for the report as meant in Article 4 shall be as provided in Attachment III to this decree.

Article 8

The list of hazardous substances contained in Attachment 1 to this decree shall be subject to review at any time by decrees of the Minister of Industry and Trade after consulting the Minister of Health and the State Minister for Environment Affairs.

Article 9

Any violation of the provisions in this decree, which is done on purpose or due to negligence so that tile health of humans/animals/vegetation is endangered and the environment is damaged, shall be liable to criminal sanctions pursuant to the provisions in force.

Article 10

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

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

Stipulated in Jakarta
On February 27, 1998
THE MINISTER OF INDUSTRY AND TRADE,
sgd
T. ARIWIBOWO