to Indonesian
a. that establishment and development of national industries, especially metal and machinery industries which produce products that are efficient and competitive with higher value added, must be supported by the availability and adequacy of raw materials in the form of metal rest and scrap derived from domestic;
b. that in order to support the availability and adequacy of raw materials in the form of metal rest and scrap derived from domestic as intended in paragraph a, it is necessary to rearrange regulations on the export of metal rest and scrap;
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 Law 1934 (Statute Book No. 86/1938);
2. Law No. 3/1982 concerning Obligatory Company Registration (Statute Book of the Republic of Indonesia No. 7/1982, Supplement to Statute Book of the Republic of Indonesia No. 3214;
3. Law No. 5/1984 concerning Industrial Affairs (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
4. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
5. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
6. Presidential Decree No. 260/1967 concerning Confirmation of Duty and Responsibility of the Minister of Trade in the Foreign Trade;
7. Presidential Decree No. 61/1983 concerning Ratification of Basel Convention On The Control Of Transboundary Movements of Hazardous Rests And Their Disposal (Statute Book of the Republic of Indonesia No. 62/1993);
8. Presidential Decree No. 84/M/2009 concerning Establishment of United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;
9. Presidential Decree No. 47/2009 concerning the Establishment and Organization of the State Ministries, as amended several times, the latest by Presidential Regulation No. 91/2011;
10. Presidential Regulation No. 24/2010 concerning Position, Duties and Functions of the State Ministries as well as Organizational Structures, Duties, and Function of Echelon I of State Ministries, as amended several times, the latest by Presidential Regulation No. 92/2011;
11. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning Provisions on the Export and Import Permit Service By Electronic System through INATRADE in the Framework of Indonesia National Single Window;;
12. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of the Ministry of Trade;
13. Regulation of the Minister of Trade No. 13/M-DAG/PER/3/2012 concerning General Provisions in the Export Sector;
REGULATION OF THE MINSITER OF TRADE CONCERNING PROVISIONS ON THE EXPORT OF METAL REST AND SCRAP
In this Ministerial Regulation:
1. Export Is the activity of releasing goods from the customs territory.
2. Rest is products that have not been used up in production or goods that still have the same characteristics but its function has changed from origin goods.
3. Scrap is goods that consist of components are similar or not, that spread from the original form and function is not the same as its original.
4. Metal rest and scrap are rest and scrap made from metal.
5. Exporters are companies that do export Metal Rest and Scrap.
6. Approval Letter to export Metal Rest and Scrap hereinafter called as SPE Metal Rest and Scrap is a letter of approval to export of metal rest and scrap.
7. Minister is minister who conducting the government affairs in the field of trade.
8. Director General is Director General of Foreign Trade, Ministry of Trade.
9. Director is a Director of Industry and Mining Export Products, Ministry of Trade.
(1) Metal Rest and Scrap are restricted to be exported listed in the Attachment that is an integral part of this Ministerial Regulation.
(2) Metal Rest and Scrap at number 3 and 5 to 9 in the Attachment as intended in paragraph (1) may only be exported from the Batam Island.
(3) Metal Rest and Scrap as intended in paragraph (2) only the Rest and Scrap derived and the Batam Island.
(1) Metal Rest and Scrap as intended in Article 2 paragraph (1) may only be exported by the exporters who have gained SPE Metal Rest and Scrap.
(2) SPE Metal Rest and Scrap as intended in paragraph (1) issued by the Minister.
(3) The Minister delegated authority to issue SPE Metal Rest and Scrap as intended in paragraph (2) to the Director.
(1) To obtain SPE Metal Rest and Scrap as intended in Article 3, the exporter must submit a written application to the Director by attaching the following documents:
(2) the Director issues SPE Metal Rest and Scrap as intended in Article 3 at the latest 5 (five) working days from receipt the complete and correct application.
(3) If the application as intended in paragraph (1) is not complete and correct, the Director submits rejection application for SPE Metal Rest and Scrap maximum of 5 (five) working days after receipt of the application.
SPE Metal Rest and Scrap as intended in Article 4 paragraph (2) valid for a period of 6 (six) months from the issuance date.
(1) In case of the validity of SPE Metal Rest and Scrap has ended and there is still Metal Rest and Scrap that has not been exported, exporters may submit extension for SPE Metal Rest and Scrap.
(2) To extend the period of validity of SPE Metal Rest and Scrap as intended in paragraph (1), exporters must submit a written application to the Director by attaching:
(3) the Director issues an extension for SPE Metal Rest and Scrap for maximum 6 (six) months and adjusted for the Metal Rest of Scraps are not exported.
(1) Exporters who intend to make changes to SPE Metal Rest and Scrap that are owned before the expiry of SPE Metal Rest and Scraps end up as intended in Article 5 shall apply to the Director by attaching:
(2) Changing of SPE Metal Rest and Scrap as intended in paragraph (1) applies for the remaining period of validity of SPE Metal Rest and Scrap as intended in Article 5.
Exporter of SPE Metal Rest and Scrap owner that have expired and will export again Metal Rest and Scrap, must file a written application to obtain the new SPE Metal Rest and Scrap in accordance with the provisions as intended in Article 4.
Exporters who export Metal Rest and Scrap, in addition shall comply with the provisions as intended in Article 3 paragraph (1) shall also comply with the provisions and technical requirements related to the export of Metal Rest and Scrap are specified in other rules.
(1) Exporters who obtain SPE Metal Rest and Scrap must submit a written report on the implementation of Metal Rest and Scrap export, whether realized or not realized.
(2) The report as intended in paragraph (1) be submitted to the Director with copies to the Director of Metal Base Materials Industry, Director General of Manufacture Industry Base, Ministry of Industry no later than 15 (fifteen) of ensuing month after the expiry of SPE Metal Rest and Scraps manually and/or through http://inatrade.kemendag.go.id.
(1) Exporter who violates the provisions of Article 3 paragraph (1) and Article 9 shall be liable to revocation of permit and/or other sanctions in accordance with statutory regulations.
(2) Exporter who violates the provisions of Article 10 shall be liable not given SPE Metal Rest and Scrap for the next export of Metal Rest and Scraps.
(3) Exporter who receives sanctions as intended in paragraph (2) may reapply for issuance of SPE Metal Rest and Scrap after submits a written report on the implementation of Metal Rest and Scrap metal export as intended in Article 10.
Technical Direction for implementation of this Ministerial Regulation may be determined by Director General.
Export approval for fero rest and scrap, ingot of reform iron or steel scrap, stainless steel scrap, cooper rest and scrap, aluminum rest and scrap, brass rest and scrap was issued based on Decree of the Minister of Industry and Trade No. 588/MPP/Kep/12/1998 concerning General Provisions in the Export Field as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007, shall remain in force until Export Approval for fero rest and scrap, ingot of reform iron or steel scrap, stainless steel scrap, cooper rest and scrap, aluminum rest and scrap, brass rest and scrap is expired.
This Ministerial Regulation shall come into force on July 19, 2012
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 July 18, 2012
THE MINISTER OF TRADE
signed,
GITA IRAWAN WIRJAWAN