to Indonesian

REGULATION OF THE MINISTER OF AGRICULTURE
No. 52/Permentan/OT.140/9/2011

CONCERNING
RECOMMENDATION ON APPROVAL FOR THE ENTRY AND RELEASE OF LIVESTOCK INTO AND FROM THE TERRITORY OF THE REPUBLIC OF INDONESIA

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF AGRICULTURE,

Attachment

Considering:

a. that in the framework to fulfill domestic demand of meat and to support self production of meat it is necessary to import livestock into the territory of the Republic of Indonesia;

b. that if the domestic demand of beef from livestock already provided, livestock can be exported from the territory of the Republic of Indonesia;

c. that based on the considerations as intended in paragraphs a and b, as well as the implementation of Article 38 of Law No. 18/2009 concerning Animal Husbandry and Health, it is necessary to stipulate Recommendation on Approval for the Entry and Release of Livestock into and from the Territory of the Republic of Indonesia, by the Regulations of the Minister of Agriculture;

In view of:

1. Law No. 16/1992 concerning Animal, Fish, and Plants Quarantine (Statute Book No. 56/1992, Supplement to Statute Book No. 3482);

2. Law No. 7/1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);

3. Law No. 32/2004 concerning Regional Government (Statute Book No. 60/2004, Supplement to Statute Book No. 3839);

4. Law No. 18/2009 concerning Animal Husbandry and Health (Statute Book No. 84/2009, Supplement to Statute Book No. 5015);

5. Government Regulation No. 15/1977 concerning Rejection, Prevention, Eradication, and Treatment of Animal Diseases (Statute Book No. 20/1977, Supplement to Statute Book No. 3101);

6. Government Regulation No. 22/1983 concerning Veterinary Society Health (Statute Book No. 28/1983, Supplement to Statute Book No. 3253);

7. Government Regulation No. 82/2000 concerning Animal Quarantine (Statute Book No. 161/2000, Supplement to Statute Book No. 4002);

8. Government Regulation No. 38/2007 concerning the Sharing of Government Affairs between the Government, Provincial and Regency/Municipality Government (Statute Book No. 82/2007, Supplement to Statute Book No. 4347);

9. Presidential Decree No. 84/M/2009 concerning Establishment of United Indonesia Cabinet II;

10. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of the State Ministries;

11. Presidential Regulation No. 24/2010 concerning Position, Duties, Function of the State Ministries and the Organizational Structure, Duties and Functions of Echelon I of State Ministries;

12. Decree of the Minister of Agriculture No. 3238/Kpts/PD.630/9/2009 concerning the Grouping of Animal Quarantine Pests Diseases Kinds, Grouping and Classification of Carrier Media;

13. Regulation of the Minister of Agriculture No. 61/Permentan/OT.140/10/2010 concerning Organization and Administration of the Ministry of Agriculture;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF AGRICULTURE CONCERNING RECOMMENDATION ON APPROVAL FOR THE ENTRY AND RELEASE OF LIVESTOCK INTO AND FROM THE TERRITORY OF THE REPUBLIC OF INDONESIA

CHAPTER I
GENERAL PROVISIONS

Article 1

In this Regulation:

1. Cattle is pet animals whose products are intended as a producer of food, industrial raw materials, services, and/or derivative products related to agriculture.

2. Livestock are cattle, buffaloes, goats, sheep, and pigs are raised to produce meat.

3. Livestock calf hereinafter called as calf is non seed livestock which has high yielding characters is raised during a certain period of time to produce meat.

4. The import of calves is the action of taking calves from abroad into the territory of the Republic of Indonesia.

5. The export of livestock is the action of taking livestock out from the territory of the Republic of Indonesia.

6. Country of import origin, hereinafter called country of origin, is a country exporting calves into the territory of the Republic of Indonesia.

7. Country of export destination, hereinafter called country of destination, is a country importing livestock from the territory of the Republic of Indonesia.

8. Animal quarantine action, hereinafter called as quarantine action, is an action taken to prevent quarantine animal pest diseases from entering to, spreading in, and/or going out of the Republic of Indonesia.

9. Recommendation on approval for the entry, hereinafter called RPP, is a written statement issued by the Minister or appointed official to a business player to import calves.

10. Recommendation on approval for release, hereinafter called RPP-l is a written statement issued by the Minister or appointed official to a business player to export livestock.

11. Communicable animal disease is a disease transmitted from one animal to another, from animal to human, and from animal to other animal disease carrier media through direct or indirect contact with the mechanical intermediary media.

12. Strategic animal disease is an animal disease that may lead to a high level of economic loss, public unrest and/or animal death.

13. Exotic anima disease is a disease that has never happened or emerged in a country or region in a clinical, epidemiological and laboratory way.

14. Provincial office is a working unit of regional government overseeing husbandry and/or animal health.

15. Center for Plant Variety Protection and Agricultural License hereinafter called PPVTPP is a working unit overseeing license in administrative terms.

16. Business player is an individual or corporation, either with or without legal entity, carrying out livestock raising business.

Article 2

(1) The import of calves can be done to:

(2) The export of beef cattle can be done if:

CHAPTER II
THE ENTRY OF CALVES

Part One
Requirements for the Entry of Calves

Article 3

Calves that can be imported are contained in attachment I which is an integral part of this Ministerial Regulation.

Article 4

Requirements for the import of calves as intended in Article 3 must meet administrative and technical requirements.

Article 5

The administrative requirements as intended in Article 4 are:

Article 6

The technical requirements as intended in Article 4 are:

Article 7

(1) The technical requirements of health status of animal in the country of origin and the farm location of origin as referred to in Article 6 letter a shall be stipulated after securing technical considerations from the assessment team in the country of origin.

(2) The team as intended in paragraph (1) shall be pro-vided for in a separate decision, with the lineup consisting of representatives from the Directorate General of Animal Husbandry and Health and the Agricultural Quarantine Agency.

(3) The team as intended in paragraph (2) shall base the technical considerations as intended in paragraph (1) on the assessment of the health animal system in origin country.

Article 8

Assessment of animal health systems as intended in Article 7 paragraph (3) based on:

Article 9

(1) Importation of calves as intended in Article 3 may be performed by the business entity after acquiring entry permit from the Minister of Trade.

(2) Minister of Trade in providing entry permits as intended in paragraph (1) after the published RPP from the Minister of Agriculture.

Article 10

(1) Issuance of RPP as intended in Article 9 paragraph (2) implementation is carried out by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.

(2) RPP as intended in paragraph (1) published in the form of the Decree of the Minister of Agriculture, signed by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.

(3) RPP as intended in paragraph (2) at least contain:

(4) The Director General of Animal Husbandry and Health in issuing RPP as intended in paragraph (2) after the fulfillment of administrative requirements as intended in Article 5 and the technical requirements as intended in Article 6.

(5) The validity period of RPP is for 90 (ninety) days from signing the application for RPP.

(6) Period of RPP conducted quarterly: January to March, April to June, July to September, October to December.

(7) Plan for the entry of calves for the ensuing year carried out at each end of October.

Article 11

Business entities that import calves shall prevent communicable animal diseases from entering and spreading in and maintain the continuity of the development of domestic cattle population.

Article 12

(1) If calves are new family that for the first time enters the territory of the Republic of Indonesia there must be technical suggestion and consideration from the Cattle Seed Commission.

(2) Cattle Seed Commission as intended in paragraph (1) is determined by the Minister of Agriculture.

Part Two
Procedures to Obtain RPP

Article 13

(1) To obtain RPP for calves, business entities shall file a written application to the Director General of Animal Husbandry and Health through Head of PPVTPP, according to the format of model-1.

(2) The application as intended in paragraph (1) shall be complete with administrative conditions as intended in Article 5.

(3) The application as intended in paragraph (2) can be filed online and/or directly.

Article 14

After receiving the written application as intended in Article 13 paragraph (1) the Head of PPVTPP shall give an answer whether to reject or accept the application no later than 3 (three) working days.

Article 15

(1) The application as intended in Article 14 is rejected if administrative conditions as intended in Article 13 paragraph (2) are not correct and/or complete.

(2) The Head of PPVTPP shall notify in writing to the applicant of the rejected application as intended in paragraph (1) along with the reason for the rejection, according to the format of model-2.

Article 16

(1) The application as intended in Article 14 is accepted if it has met administrative conditions as intended in Article 13 paragraph (2).

(2) The Head of PPVTPP shall submit the approved application as intended in paragraph (1) to the Head of the Agriculture Quarantine Agency for quarantine technical analysis.

(3) After receiving the application as intended in paragraph (2) the Head of the Agriculture Quarantine Agency shall convey the results of quarantine technical analysis to the Head of PPVTPP no later than 3 (three) days.

(4) The Head of PPVTPP shall submit the results of quarantine technical analysis as intended in paragraph (3) to the Director General of Animal Husbandry and Health no later than 3 (three) working days to analyze technical conditions as intended in Article 6.

Article 17

(1) The Director General of Animal Husbandry and Health after receiving the application as intended in Article 16 paragraph (4) within a maximum of 7 (seven) working days period should provide an answer of rejected or approved.

(2) The application as intended in paragraph (1) is rejected if it does not meet technical requirements as intended in Article 6 and the Director General of Animal Husbandry and Health notifies in writing the business entities of the rejection along with the reason for the rejection through the Head of PPVTPP by using the format of model-3.

(3) The Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture issues RPP for the approved application as intended in paragraph (1) by using the format of model-4.

(4) The Head of PPVTPP shall submit RPP as intended in paragraph (3) to the Minister of Trade through the business entities, with copies addressed to the Head of the Agriculture Quarantine Agency, the Director General of Customs and Excise Ministry of Finance, the Head of Provincial Office and the Head of Agriculture Quarantine UPT in the entry point:

(5) After receiving RPP as intended in paragraph (3) Minister of Trade will issue a permit to import calves.

Article 18

(1) If an outbreak of communicable animal disease occurs in the country declared the origin of calves, the Minister of Agriculture shall issue a special decree banning the entry of the calves.

(2) The decree banning the entry of calves as intended in paragraph (1) is submitted to the Minister of Trade.

(3) The Minister of Trade shall revoke the import permit after receiving the decree as intended in paragraph (2).

CHAPTER III
RELEASING OF LIVESTOCK

Part One
Removal Requirements

Article 19

Livestock that can be released abroad are as listed in Appendix II as an integral part of this Ministerial Regulation.

Article 20

Releasing of Livestock as intended in Article 19 must meet the administrative requirements and technical requirements.

Article 21

(1) Administrative requirements as intended in Article 20 include:

(2) Administrative requirements as intended in paragraph (1) do not apply to government agencies that release the cattle, except for paragraph (1) f.

Article 22

Technical requirements as intended in Article 20 include:

Article 23

(1) Business entities can release of livestock as intended in Article 19 after obtain a permit from Minister of Trade

(2) Minister of Trade give releasing permit as intended in paragraph (1) after Minister of Agriculture published RPP-I.

Article 24

(1) Issuance of RPP-I as intended in Article 23 paragraph (2) in the implementation carried out by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.

(2) RPP-I as intended in paragraph (1) published in the form of the Decree of the Minister of Agriculture, signed by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture.

(3) The Director General of Animal Husbandry and Health issues RPP-I as intended in paragraph (2) after the fulfillment of administrative requirements as intended in Article 21 and the technical requirements as intended in Article 22.

Part Two
Procedures to Obtain RPP-I

Article 25

(1) To obtain RPP-I of livestock, business entities shall apply in writing to the Director General of Animal Husbandry and Health through the Head of PPVTPP, according to the model-5 format.

(2) The application as intended in paragraph (1) shall be complete with the administrative requirements as intended in Article 21.

(3) The application as intended in paragraph (1) can be submitted online and/or directly.

Article 26

Head of PPVTPP after received a written application as intended in Article 25 within a period of maximum 3 (three) working days should give an answer to reject or accept.

Article 27

(1) Application is rejected as intended in Article 26 if the administrative requirements as intended in Article 21 are incorrect and/or incomplete.

(2) Rejected Application as intended in paragraph (1) notified by the Head of PPVTPP to the applicant in writing with the reasons for rejection, according to the format-6 model.

Article 28

(1) Application is received as intended in Article 26 if it has met the administrative requirements as intended in Article 21.

(2) Head of PPVTPP submit the application as intended in paragraph (1) to Head for Agriculture Quarantine Agency to do quarantine technical analysis.

(3) Head of the Agricultural Quarantine Agency after receiving the application as intended in paragraph (2) within a period of maximum 3 (three) working days shall submit the results of quarantine technical analysis to the Head of PPVTPP.

(4) Head of PPVTPP after receiving the results of quarantine technical analysis as intended in paragraph (3) within the maximum period of 3 (three) working days must submit to the Director General of Animal Husbandry and Health for analysis of technical requirements as intended in Article 22.

Article 29

(1) The Director General of Animal Husbandry and Health after received the application as intended in Article 28 paragraph (4) within a maximum period of 7 (seven) working days should give an answer to reject or accept.

(2) Rejected application as intended in paragraph (1) if not fulfill the technical requirements as intended in Article 22 will be submitted by the Director General of Animal Husbandry and Health to the business entities in writing accompanied by the reason of rejection through the Head PPVTPP, according to the model-7 format.

(3) RPP-I issued by the Director General of Animal Husbandry and Health on behalf of the Minister of Agriculture for approved application as intended in paragraph (1), according to the model-8 format.

(4) RPP-I as intended in paragraph (3) is submitted to the Minister of Trade by the Head of PPVTPP through the business entity with copies to the Head of Agricultural Quarantine Agency, Director General of Customs and Excise Ministry of Finance, Head of the Provincial Office and the Head of the Agricultural Quarantine Unit of releasing place.

(5) Minister of Trade after receiving RPP-I as intended in paragraph (4) issuing permits to export livestock.

CHAPTER IV
TRANSPORTATION

Article 30

Business entities are going to do enter and/or release livestock, must meet the administrative requirements and technical requirements, and also must meet the rules of animal welfare in transport.

Article 31

To prevent overseas communicable animal diseases from entering the territory of the Republic of Indonesia through the transit of transport means carrying calves, the transit can only be approved for designated places according to the law and regulation in the field of animal quarantine.

CHAPTER V
OBLIGATION OF RPP AND RPP-I HOLDERS

Article 32

(1) Business entities who have attained their RPP or RPP-I from the Director General of Animal Husbandry and Health should ask the permit for the entry of calves or the release of livestock to the Minister of Trade.

(2) After acquiring permit to enter or release as intended in paragraph (1), business entities are obligate to enter or release in accordance with the RPP as intended in Article 17 paragraph (5) or RPP-I as intended in Article 29 paragraph (5) .

(3) After the implementation of entry and release activities as intended in paragraph (2), the business entity within a maximum period of 7 (seven) calendar days must report the realization of entry and release to the Minister of Trade, with copies of the Director General of Animal Husbandry and Health, Head of the Agricultural Quarantine Agency, and Head of the Provincial Office, according to the format-9 model, model 10 and model-11

CHAPTER VI
SUPERVISION

Article 33

Supervision on the entry or release of livestock is conducted directly or indirectly.

Article 34

(1) Direct supervision as intended in Article 33 carried by the animal quarantine officials, and provincial service officials.

(2) Supervision by the animal quarantine officials as intended in paragraph (1) conducted in the entry and release place.

(3) Supervision by the provincial service officials conducted on-site farm and in the circulation.

(4) Supervision as intended in paragraph (1) made to the administrative requirements and the physical of calves and livestock.

Article 35

Indirect supervision as intended in Article 33 is based on the report.

Article 36

Further provisions concerning the supervision as intended in Article 33 shall be regulated by a separate Regulation.

CHAPTER VII
SANCTIONS PROVISIONS

Article 37

Business entity after acquiring RPP or RPP-I as intended in Article 32 paragraph (1) does not apply for a permit to the Minister of Trade within the time period specified in the RPP or RPP-I shall serve as consideration for acquiring RPP or RPP-I in the future.

Article 38

(1) Business entity after acquiring permit from the Minister of Trade as intended in Article 32 paragraph (2) does not carry out entry or releasing, and not report the realization as intended in Article 32 paragraph (3) imposed administrative sanctions:

(2) The administrative sanctions as intended in paragraph (1) proposed by the Minister of Agriculture to the Minister of Trade.

CHAPTER VIII
TRANSITIONAL PROVISIONS

Article 39

SPP of calves and SPP-I of livestock which were published before the enactment of this regulation still remains in force until expired.

CHAPTER IX
CLOSING PROVISIONS

Article 40

With the enactment of this Regulation, the provisions on the entry and release of livestock regulated by Regulation the Minister of Agriculture No. 07/Permentan/OT.140/1/2008 to the Terms and Procedure for the Entry and Release of Seeds, Seeds Livestock and Livestock, shall be revoked and declared null and void.

Article 41

This Ministerial Regulation shall come into force on the date of promulgation.

For public cognizance, this Regulation of Minister of Agriculture shall be promulgated by placing it in the Official Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on September 7, 2011
MINISTER OF AGRICULTURE,
signed,
SUSWONO