to Indonesian
a. that to keep on availability of national rice, to keep on current conducive national rice production, and create national economic stability, it is necessary to make policy in relation with rice supply especially supply from abroad;
b. that based on consideration as intended in paragraph a, it is necessary to amend Regulation of the Minister of Trade No. 12/M-DAG/PER/4/2008 concerning Provisions on the Import and Export of Rice as amended several times, the latest by Regulation of the Minister of Trade 35/M-DAG/PER/8/2009;
c. that based on consideration as intended in paragraphs a and b, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Ordinance 1934 (Statute Book No. 86 of 1938) as amended and supplemented;
2. Law No. 16 of 1992 concerning Animal, Fish and Plant Quarantine (Statute Book of the Republic of Indonesia No. 56 of 1992, Supplement to Statute Book of the Republic of Indonesia No. 3482);
3. Law No. 7 of 1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book of the Republic of Indonesia No. 57 of 1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
4. Law No. 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75 of 1995, Supplement to Statute Book of the Republic of Indonesia No.3612) as amended by Law No. 17 of 2006 (Statute Book of the Republic of Indonesia No. 93 of 2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
5. Law of the Republic of Indonesia No. 7 of 1996 concerning Food (Statute Book of the Republic of Indonesia No. 99 of 1996, Supplement to Statute Book of the Republic of Indonesia No. 3656);
6. Law No. 39 of 2008 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166 of 2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
7. Government Regulation No. 14 of 2002 concerning Plant Quarantine (Statute Book of the Republic of Indonesia No. 35 of 2002, Supplement to Statute Book of the Republic of Indonesia No. 4196);
8. Government Regulation No. 68 of 2002 concerning Food Security (Statute Book of the Republic of Indonesia No. 142 of 2003, Supplement to Statute Book of the Republic of Indonesia No. 4254);
9. Presidential Decree No. 260 of 1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
10. Presidential Decree No. 84/P of 2009 concerning the Establishment of United Indonesia Cabinet as amended several times, the latest by Presidential Decree No. 59/P of 2011;
11. Presidential Regulation No. 47 of 2009 concerning Establishment and Organization of State Ministries as amended by Presidential Regulation No. 76 of 2011;
12. Presidential Regulation No. 24 of 2010 concerning Position, Tasks and Function of State Ministries as well as Organizational Structures, Tasks, and Function of First Echelon of State Ministries as amended by Presidential Regulation No. 67 of 2010;
13. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provision in Export as amended the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/l/2007;
14. Regulation of the Minister of Trade No. 12/M-DAG/PER/4/2008 concerning Provisions on the Import and Export of Rice as amended several times, the latest by Regulation of the Minister of Trade 35/M-DAG/PER/8/2009;
15. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning;
16. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011;
17. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provisions in Import.
18. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING THE THIRD AMENDMENT TO REGULATION OF THE MINISTER OF TRADE No. 12/M-DAG/PER/4/2008 CONCERNING PROVISIONS ON THE IMPORT AND EXPORT OF RICE
Between paragraph (1) and paragraph (2) of Article 3 in Regulation of the Minister of Trade No. 12/M-DAG/PER/4/2008 concerning Provisions on the Import and Export of Rice as amended several times, the latest by Regulation of the Minister of Trade 35/M-DAG/PER/8/2009 shall be inserted 1 (one) paragraph, called paragraph (1a), so Article 3 is read as follows:
"Article 3
(1) Rice that are entitled to be imported for the purpose of price stabilization, tackling of emergencies, poor community, and food vulnerability are rice (tariff post/HS 1006.30.99.00) on condition that the highest level of breakage is 25% (twenty five percent).
(1a) Determination to import rice as intended in paragraph (1) based on agreement of Coordination Team with consideration of:
a. rice stock in BULOG General Company;
b. different between average rice price and Government Purchasing Price (HPP); and/or
c. prediction of national rice production surplus.
(2) The rice as intended in paragraph (1) may only be imported outside of the 1 (one) month period before grand harvest, grand harvest period, and 2 (two) months after the grand harvest.
(3) Stipulation of the grand harvest period as intended in paragraph (2) is made by the Minister of Agriculture.
(4) The execution of rice import as intended in paragraph (2) may be exempted only by the Minister based on an agreement result of the Coordination Team."
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 February 3, 2012
THE MINISTER OF TRADE,
signed,
GITA IRAWAN WIRJAWAN