ELUCIDATION OF GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA No. 44/2010 CONCERNING PRECURSORS

I. GENERAL

Precursors as basic materials or chemicals are much used in various activities in pharmaceutical industries, non-pharmaceutical industries, and the agricultural sector as well as in the interests of scientific and technological development activities.

The procurement of precursors to meet the needs of pharmaceutical industries, non-pharmaceutical industries, and scientific and technological development activities is currently regulated only at the level of Ministerial Regulation.

Although Precursors are basically needed in various sectors if their uses do not accord with their appropriation as well as with the laws and regulations or are abuse in the illegal production of Narcotics and Psychotropic they will do harm and endanger health.

The rising abuse of Narcotics and Psychotropic is currently closely related with the use of devices having the potential to be abuse of Narcotics and Psychotropic and the use of Precursors as one of basic substances or materials or chemicals for the illegal products of Narcotics and Psychotropic.

The potential devices that can be abused commit criminal offences related to Narcotics and Psychotropic are potential devices supervised and declared as goods under the government surveillance, such as: hypodermic needles, syringes, spinning pipes and acetic anhydride.

The rising abuse of precursors in the production of Narcotics and psychotropic has posed a very serious threat that may lead to health disorder, economic instability, security disturbance, and international crimes and therefore, they must be tightly supervised so that they will be used according to their appropriation.

Control and supervision as efforts to prevent and eradicate the abuse and illicit distribution of Precursors badly need nationally, regionally and internationally integrated and coordinated concrete steps because in general, the abuse of precursors is committed by people not individually but collectively, and even by well organized and secret syndicates.

In addition, the abuse of precursors is also a trans national crime using modus operandi and sophisticated technology including safeguarding proceeds from Precursor related crimes. The Precursor related crimes have posed a very serious threat to the life of mankind.

In an effort to control, supervise and prevent the abuse of precursors because the effort is related to the tasks and functions of various relevant sectors, a Government Regulation arranging the control of Precursors comprehensively is needed.

This Government Regulation regulates the classifications and types of Precursors, the mechanism of making annual plans for national needs, the procurement, import and export, circulation, recording and reporting of precursors, supervision as well as the imposition of sanctions.

II. ARTICLE BY ARTICLE

Article 1

Sufficiently clear.

Article 2

Sufficiently clear.

Article 3

Sufficiently clear.

Article 4

Paragraph (1)

Referred to as Precursors classified in Table I are basic materials and solvents used frequently and supervised more tightly than those classified in Table II.

Paragraph (2)

Sufficiently clear.

Paragraph (3)

The iteration and addition of the types of precursors stipulated by the Minister refers to latest developments in the stipulation of the matter by the international body in the narcotics field.

Article 5

Sufficiently clear.

Article 6

Sufficiently clear.

Article 7

Paragraph (1)

Referred to as "permits" are permits issued by the Minister for precursors used in pharmaceutical industries and permits issued by the minister dealing with government affairs in industrial field for precursors used in non-pharmaceutical industries.

Paragraph (2)

Sufficiently clear.

Paragraph (3)

Referred to as "other standards" are other standards than Indonesia Farmakope, including martindel, merk index and exstra farmakope.

Paragraph (4)

Referred to as "shall" is meeting the existing Indonesian National Standard. In case of no Indonesian National Standard, they meet standards applicable to the industrial and trade sectors.

Article 8

Paragraph (1)

The putting of labels on the boxes or packs of precursors in the form of raw materials (bulk) aims to give information to users as well as to conduct supervision.

Paragraph (2)

Sufficiently clear.

Paragraph (3)

Sufficiently clear.

Article 9

Sufficiently clear.

Article 10

Paragraph (1)

Referred to as "importer or exporter business permits" are business permits within the framework of trade issued by the minister dealing with government affairs in the trade field.

Paragraph (2)

Referred to as "legal documents" are documents that must be met and are required in import and export activities by the laws and regulations such as invoice, Letter of Credit (LC), Bill of Lading (BL), Air Way Bill (AWB) and so forth.

Paragraph (3)

Referred to as "import approval or export approval" is a written approval issued by the Minister or the minister dealing with government affairs in the trade field to import or export precursors.

Paragraph (4)

Sufficiently clear.

Article 11

Sufficiently clear.

Article 12

Sufficiently clear.

Article 13

Paragraph (1)

Sufficiently clear.

Paragraph (2)

Referred to as "authorized officials" are Customs and Excise officials, and health officials at ports.

Paragraph (3)

Sufficiently clear.

Article 14

Paragraph (1)

Sufficiently clear.

Paragraph (2)

Sufficiently clear.

Paragraph (3)

Sufficiently clear.

Paragraph (4)

Sufficiently clear.

Paragraph (5)

Referred to as "distribution documents" are among others invoices, transport documents, and good: delivery documents accompanying the distribution of Precursors.

Paragraph (6)

Sufficiently clear.

Article 15

Sufficiently clear.

Article 16

Sufficiently clear.

Article 17

The scope of supervision covers the supervision of production, storage, import and export, transportation, transit, distribution, delivery, as well as recording and reporting of precursors.

Article 18

Paragraph (1)

Referred to as "other agencies" are agencies having the authority of supervision such as the National Narcotics Agency and the Drug and Food Supervisory Agency.

Paragraph (2)

Sufficiently clear.

Paragraph (3)

Referred to as "supervisors" are supervisory officers appointed officially by the Minister, relevant ministers or leaders of other agencies.

Paragraph (4)

Sufficiently clear.

Paragraph (5)

Customs and Excise officials appointed as supervisors in customs areas are only enough to show the identity of institution.

Paragraph (6)

Sufficiently clear.

Article 19

Paragraph (1)

In line with the current scientific and technological developments in the pharmaceutical field, certain plants used for the production of precursors need to be declared as goods under surveillance. This stipulation is intended as part of the effort to supervise and control the illicit production of precursors.

Paragraph (2)

Sufficiently clear.

Article 20

Sufficiently clear.

Article 21

Sufficiently clear.

Article 22

Sufficiently clear.