to Indonesian
a. that in the framework to guarantee fulfillment of raw materials need for cooking oil industry and to keep stability of cooking oil price as well as to support up streaming of palm oil industry to increase domestic value added, it is necessary to match on the kinds of palm oil commodity, Crude Palm Oil (CPO), and their derivative products that is stipulated procedure to stipulate export check price on the export goods subject to export duty;
b. that based on consideration as intended in paragraph a, it is necessary to amend Regulation of the Minister of Trade No. 17/M-DAG/PER/5/2009 concerning Procedure to Stipulate Export Check Price on the Export Goods subject to Export Duty as amended by Regulation of the Minister of Trade No. 14/M-DAG/PER/3/2010;
c. that based on consideration as intended in paragraph a and paragraph b, it is necessary to stipulate a Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
3. Law No. 39/2008 concerning State Ministries (Statute Book No. 166/2008, Supplement to Statute Book No. 4916);
4. Government Regulation No. 55/2008 concerning Imposition of Export Levy on the Export Goods (Statute Book No. 116/2008, Supplement to Statute Book No. 4886);
5. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in Foreign Trade Field;
6. Presidential Decree No. 84/P/2009 concerning the Formation of United Indonesia Cabinet II;
7. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries;
8. Presidential Regulation No. 24/2010 concerning Position, Duty, and Function of State Ministries as well as Organization Structure, Duty and Function of First Echelon of State Ministries;
9. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in Export as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
10. Regulation of the Minister of Trade No. 17/M-DAG/PER/5/2009 concerning Procedure to Stipulate Export Check Price on the Export Goods subject to Export Duty as amended by Regulation of the Minister of Trade No. 14/M-DAG/PER/3/2010;
11. Regulation of the Minister of Finance No. 67/PMK.011/2010 concerning Stipulation of Exported Goods Subject to Export Levy and rate of Export Levy as amended by Regulation of the Minister of Finance No. 128/PMK.011/2011;
12. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministries;
REGULATION OF THE MINISTER OF TRADE CONCERNING SECOND AMENDMENT TO THE REGULATION OF THE MINISTER OF TRADE No. 17/M-DAG/PER/5/2009 CONCERNING PROCEDURE OF STIPULATION EXPORT CHECK PRICE ON THE EXPORT GOODS SUBJECT TO EXPORT LEVY
Several provision on the Regulation of the Minister of Trade No. 17/M-DAG/PER/5/2009 concerning Procedure to Stipulate Export Check Price on the Export Goods subject to Export Duty as amended by Regulation of the Minister of Trade No. 14/M-DAG/PER/3/2010 shall be amended as follows:
1. Provision of article 1 shall be amended, so it read as follows:
"Article 1
In this Ministerial Regulation:
(1) Export Check Price hereinafter abbreviated as HPE is checking price that is stipulated periodically by minister after coordinate with ministers/head of non ministry government agencies/head of related technical agencies.
(2) Free on Board (FoB) price is Cost Insurance and Freight (CIF) reduced by shipping cost and insurance cost.
(3) Reference price is international average price and/or specified domestic commodity market to stipulate Export Duty tariff periodically by the minister after coordinate with minister/head of non ministry government agencies/head of related technical agencies.
(4) Minister is Minister who has duty and responsibility on the trading.
(5) Director General is Director General of Foreign Trade, Ministry of Trade."
2. Provision of Article 4 shall be amended, so it read as follows:
"(1) Stipulation of HPE on the export goods as intended in Article 2 paragraph (1) for:
a. Crude Palm Oil (CPO) based on international average price with reference CIF Rotterdam Crude Palm Oil (CPO) average price, Malaysia market Crude Palm Oil (CPO) average price, and/or Jakarta market Crude Palm Oil (CPO) average price;
b. In case there is significant different of CIF Rotterdam Crude Palm Oil (CPO) average price, Malaysia market Crude Palm Oil (CPO) average price, and/or Jakarta market Crude Palm Oil (CPO) average price as intended in paragraph a, stipulation of HPE based on 2 highest price of 2 (two) sources of price.
c. Commodities of Crude Olein, Refined Bleached Deodorized (RBD) Palm Olein, RBD Palm Kernel Olein, Crude Stealin, Crude Palm Kernel Oil, Crude Kernel Olein, Crude Kernel Stealin, Palm Fatty Acid Distillate (PFAD), RBD Palm Oil, RBD Palm Stealin, RBD Palm Kernel Stealin, RBD Palm Olein in branded packing <= 20 kg, based on reference price in Malaysia Palm Oil Board (MPOB);
d. Hydrogenated products based on raw materials price adding with production cost based on agreement of HPE stipulation team meeting;
e. RBD Palm Kernel Oil products based on CIF Rotterdam price and Palm Oil Fruit based on domestic market price and/or international price;
f. mixed products and Crude Palm Oil (CPO) and its derivative products based on highest HPE from mixed product components of Crude Palm Oil (CPO) and its derivative products without consider composition of mixing products;
g. Bio-diesel commodity based on Asia International Chemical Information Service (ICIS) reference price;
h. Cacao commodity based on New York Board of Trade (NYBOT) market reference price reduced with shipping cost and insurance;
i. Palm Oil Fruit and Kernel, Wood, Rattan and Leather based on domestic market reference price.
(2) Reference price as intended in paragraph (1) is stipulated based on average price in the last period before stipulation of HPE.
(3) Reference price as intended in paragraph (1) is average proposed price from Ministry of Trade, Ministry of Industry and Ministry of Agriculture.
(4) In case there is different prices as intended in paragraph (3) >= US$ 30, price that is used is average 2 highest proposed prices from 2 (two) Ministries.
(5) Reference price as intended in paragraph (2) is calculated from beginning period until 10 (ten) days before ending effective period of next period stipulation HPE."
3. Between Article 4 and Article 5 is inserted 1 (one) article, called Article 4A that is read as follows:
"Article 4A
(1) List of RBD Palm Olein brands in branded packages with net weight <= 20 kg as intended in Article 4 paragraph (1) c are registered in Directorate General of Intellectual Property Right, Ministry of Law and Human Right that are submitted to the Director General, in this case Director of Agriculture and Forestry Export Products with evidence of registration legalization.
(2) On the RBD Palm Olein brands in branded packages with net weight <= 20 kg as intended in Article 4 paragraph (1) c are not registered in Directorate General of Intellectual Property Right, Ministry of Law and Human Right, should file application of registration at the latest 6 (six) months since effective date of this Ministerial Regulation.
(3) On the RBD Palm Olein brands in branded packages with net weight <= 20 kg as intended in Article 4 paragraph (1) c that use international institution brand for the purpose of social grant, brands are not required to be registered to Directorate General of Intellectual Property Right, Ministry of Law and Human Right.
(4) List of PBD Palm Olein brands in branded packages with net weight <= 20 kg as intended in paragraph (1) is stipulated by Director General on behalf of the Minister."
4. Attachment of the Regulation of the Minister of Trade No. 17/M-DAG/PER/5/2009 concerning Procedure to Stipulate Export Check Price on the Export Goods subject to Export Duty as amended by Regulation of the Minister of Trade No. 14/M-DAG/PER/3/2010 shall be amended become as stated in Attachment that is integral part of this Ministerial Regulation.
This Ministerial Regulation shall come into force on the date of stipulation.
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 September 23, 2011
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
MARI ELKA PANGESTU