to Indonesian
a. that to implement provisions in Article 10 paragraph (4) and Article 12 paragraph (3) of Government Regulation No. 44/2010 concerning Precursor;
b. that the use of Precursors than useful in the field of pharmacy and non pharmacy can also be misused as raw materials or auxiliary materials in the black manufacture of Narcotic and Psychotropic;
c. that in connection with the consideration as intended in paragraphs a and b, and in the framework to support efforts to combat illicit international Narcotic and Psychotropic distribution, it is necessary to rearrange the provision on the export of Non Pharmaceutical Precursor;
d. that based on consideration as intended in paragraphs a, b and c, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Dangerous Chemical Substances Law (Statute Book No. 377/1949);
3. Emergency Law No. 7/1955 concerning Economic Crime Investigation, Enforcement and Justice (Statute Book of the Republic of Indonesia No. 27/1955, Supplement to Statute Book of the Republic of Indonesia No. 801), as amended several times, the latest by Law No. 17/1964 (Statute Book of the Republic of Indonesia No. 101/1964, Supplement to Statute Book of the Republic of Indonesia No. 2692;
4. 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;
5. 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);
6. 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);
7. 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);
8. Law No. 8/1996 concerning Ratification of Convention On Psychotropic Substances 1971 (Statute Book of the Republic of Indonesia No. 100/1996, Supplement to Statute Book of the Republic of Indonesia No. 3657);
9. Law No. 5/1997 concerning Psychotropic (Statute Book of the Republic of Indonesia No. 10/1997, Supplement to Statute Book of the Republic of Indonesia No. 3671);
10. Law No. 7/1997 concerning Ratification of United Nations Convention Against Illicit Traffic In Narcotic Drugs And Psychotropic Substances, 1988 (Statute Book of the Republic of Indonesia No. 17/1997, Supplement to Statute Book of the Republic of Indonesia No. 3673);
11. Law No. 6/1998 concerning Ratification of Convention On The Prohibition Of The Development, Production, Stockpiling And Use Of Chemical Weapons And On Their Destruction (Statute Book of the Republic of Indonesia No. 171/1998, Supplement to Statute Book of the Republic of Indonesia No. 3786);
12. Law No. 5/1999 concerning Prohibition of Monopoly Practical and Unfair Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3817);
13. Law No. 39/2008 concerning the State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
14. Law No. 32/2009 concerning Environment Protection and Management (Statute Book of the Republic of Indonesia No. 140/2009, Supplement to Statute Book of the Republic of Indonesia No. 5059)
15. Law No. 35/2009 concerning Narcotics (Statute Book of the Republic of Indonesia No. 143/2009, Supplement to Statute Book of the Republic of Indonesia No. 5062);
16. Law No. 36/2009 concerning Health (Statute Book of the Republic of Indonesia No. 144/2009, Supplement to Statute Book of the Republic of Indonesia No. 5063);
17. Government Regulation No. 1/1982 concerning Implementation of Export, Import and Foreign Exchange Traffic (Statute Book of the Republic of Indonesia No. 1/1982, Supplement to Statute Book of the Republic of Indonesia No. 3210) as amended by Government Regulation No. 24/1985 (Statute Book of the Republic of Indonesia No. 32/1985, Supplement to Statute Book of the Republic of Indonesia No. 3291);
18. Government Regulation No. 74/2001 concerning Management of Dangerous and Poison Substances (Statute Book of the Republic of Indonesia No. 138/2001, Supplement to Statute Book of the Republic of Indonesia No. 4153);
19. Government Regulation No. 38/2007 concerning the Sharing of Government Affairs between the Government, Provincial Governments and Regency/Municipal Governments (Statute Book of the Republic of Indonesia No. 82/2007, Supplement to Statute Book of the Republic of Indonesia No. 4737);
20. Government Regulation No. 44/2010 concerning Precursor (Statute Book of the Republic of Indonesia No. 60/2010, Supplement to Statute Book of the Republic of Indonesia No. 5126);
21. Presidential Decree No. 260/1967 concerning Affirmation of Duties and Responsibilities of the Minister of Trade in Foreign Trade:
22. Presidential Decree No. 65/1998 concerning Ratification of International Convention on the Safety of Life at Sea 1974;
23. Presidential Regulation No. 10/2008 concerning Use Electronic System in the Framework Indonesia National Single Window;
24. Presidential Decree No. 84/P/2009 concerning Establishment of United Indonesia Cabinet II, as amended by Presidential Decree No. 59/P/2011;
25. 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;
26. 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;
27. Decree of the Minister of Health No. 917/MENKES/SK/VIII/1997 concerning Kinds of Psychotropic Precursor;
28. Decree of the Minister of Health No. 890/MENKES/VIII/1998 concerning Kinds of Narcotic Precursor;
29. Regulation of the Minister of Finance No. 103/PMK.04/2006 concerning Single Administrative Document of Customs Notification in Batam, Bintan and Karimun Islands;
30. Regulation of the Minister of Finance No. 145/PMK.04/2007 concerning Provisions of Customs in the Export Sector;
31. Regulation of the Minister of Trade No. 36/M-DAG/PER/9/2007 concerning Issuance of Trade Business Permit as amended several times, the latest by Regulation of the Minister of Trade No. 39/M-DAG/PER/12/2001;
32. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Administration of the Ministry of Trade;
33. Regulation of the Minister of Trade No. 13/M-DAG/PER/3/2012 concerning General Provisions in the Export Sector;
REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS IN THE EXPORT OF NON PHARMACEUTICAL PRECURSORS.
In this Ministerial Regulation:
1. Precursor is a substance or starting material or chemicals that can be used in the manufacture of Narcotic and Psychotropic.
2. Registered Exporter of Non Pharmaceutical Precursor, hereinafter called as ET-Non Pharmaceutical Precursor, is a company that has gained recognition from the Minister to export Non Pharmaceutical Precursor.
3. Recommendation is a letter issued by the related agency/unit that contains the technical explanation and not a permit/approval of export.
4. Pre Export Notification hereinafter called as PEN is a notification of export approval for precursor that is conveyed to the authorized agency/board/institution in destination countries.
5. Surveyor is a survey company that gets authorization from and determined by the Minister to perform verification or technical inquiry on the export of Non Pharmaceutical Precursor.
6. Minister is the minister who held government affairs in the field of trade.
7. Director General is Director General of Foreign Trade, Ministry of Trade.
Types of Non Pharmaceutical Precursor that can be exported are as contained in Attachment I that is an integral part of this Ministerial Regulation.
(1) Types of Non Pharmaceutical Precursor as intended in Article 2 may only be exported by a company that has gained recognition as an ET-.Non Pharmaceutical Precursor from the Minister.
(2) The Minister delegate the issuance of recognition as a ET-Non Pharmaceutical Precursor as intended in paragraph (1) to the Director General.
(1) To obtain recognition as a ET-Non Pharmaceutical Precursor as intended in Article 3, the company shall submit a written application to the Director General by attaching the following documents:
(2) Based on the company's written application as intended in paragraph (1), the Director General issues a recognition as ET-Non Pharmaceutical Precursor no later than 5 (five) working days from receipt of the complete and correct application.
(3) Recognition as ET-Non Pharmaceutical Precursor as intended in paragraph (2) is valid for 3 (three) years and can be extended.
(4) The form of recognition as ET-Non Pharmaceutical Precursor as intended in paragraph (2) is listed in Attachment II that is an integral part of this Ministerial Regulation.
(5) If the application as intended in paragraph (1) is not complete and correct, the Director of Industrial and Mining Export Products submits rejection of application to the relevant company at the latest 5 (five) working days from receipt of the application along with the reasons for rejection.
(1) For each export of Non Pharmaceutical Precursor, ET-Non Pharmaceutical Precursor must first get approval to export Non Pharmaceutical Precursor from the Director General after considering the recommendation from Head of the National Narcotics Agency (Head of BNN) and Head of Investigation and Crime of the Indonesian Police (Kabareskrim POLRI).
(2) To obtain approval to export Non Pharmaceutical Precursor as intended in paragraph (1), ET-Non Pharmaceutical Precursor must submit a written application to the Director General by attaching the following documents:
(3) Approval to export as intended in paragraph (1) apply a maximum of 180 (one hundred eighty) days from the date of export approvals issued and can not be extended.
(1) ET-Non Pharmaceutical Precursor shall notify shipment plan to the Head of BNN that includes the type and quantity of goods, port of loading, date of departure of the ship, as well as ports and export destinations.
(2) On the notification of shipment plan as intended in paragraph (1), Head of BNN must submit Pre Export Notification (PEN) to the Agency/Board/Institution authorities in destination country.
(3) Upon submission of PEN as intended in paragraph (2), Agency/Board/Institution authorities in export destination country submit the answer of export plan maximum of 5 (five) working days from the date of submission of PEN.
(4) If within 5 (five) working days Agency/Board/Institution authorities in destination country as intended in paragraph (2) does not provide an answer, deemed export destination country can receive the export of Non Pharmaceutical Precursor.
(5) Head of BNN must give notice to the ET-Non Pharmaceutical Precursor on the PEN delivered to the export destination country, with copies to the relevant agencies at the latest 2 (two) working days after received the PEN answer or after 5 (five) working days in the case Agency/Board/Institution authorities in destination country does not provide confirmation.
(6) ET-Non Pharmaceutical Precursor can only carry out the export after receiving the notice from BIN on the PEN submitted by the Agency/Board/Institution authorities in destination country.
(7) Head of BNN may issue implementing regulations on the procedures for issuance of PEN with reference to this Ministerial Regulation.
(1) Surveyor appointed by the Minister conducts verification or technical inquiry on the each export of Non Pharmaceutical Precursor by ET-Non Pharmaceutical Precursor.
(2) Verification or technical inquiry as intended in paragraph (1) performed prior to loading.
(3) To be determined as the implementing of verification or technical inquiry, Surveyor as intended in paragraph (1) shall meet the following requirements:
(1) Verification technical inquiry on the export Non Pharmaceutical Precursor by the Surveyor as intended in Article 7 includes the examination and checking of the data/information at least on:
(2) The results of verification or technical inquiry made by the Surveyor as intended in paragraph (1) is issued in the form of Surveyor Report (LS) to be used as the Customs complementary documents required for registration of Export Declaration (PEB) or Single Administrative Document Customs Notification (PPSAD) for Customs and Excise Service Office is already applied it.
(3) On the verification or technical inquiry of export Non Pharmaceutical Precursor as intended in paragraph (1), the Surveyor will collect payment for services from ET-Non Pharmaceutical Precursors such rates in accordance with cost-benefit principle.
In performing its function, the Surveyor should ensure that the export Non Pharmaceutical Precursor is in accordance with that contained in the Surveyor Report (LS) as intended in Article 8 paragraph (2).
(1) The company which has gained recognition as a ET-Non Pharmaceutical Precursor is required to submit a written export report of the Director General in this case the Director of Industrial and Mining Export Products, Ministry of Trade with a copy to the Head of BNN, Police Kabareskrim, Director General of BIM, and Head of the Food and Drug Control Agency (Head of POM Agency) every 3 (three) months from the date of issuance of recognition as ET-Non Pharmaceutical Precursor.
(2) Report on the implementation of export as intended in paragraph (1) presented in terms of realized or unrealized export Non Pharmaceutical Precursor.
(3) Report on the implementation of export as intended in paragraph (1) delivered through http://inatrade.kemendag.go.id.
Surveyor as intended in Article 7 shall submit to the Director General:
(1) Recognition as a ET-Non Pharmaceutical Precursor is frozen if the company fails to submit report on the implementation of export as intended in Article 10 of 2 (twice).
(2) Recognition as ET-Non Pharmaceutical Precursor that has been frozen can be reactivated if the company has met the obligation to submit export implementation report as intended in Article 10.
(3) Recognition as ET-Non Pharmaceutical Precursor is revoked if the company:
(4) Freezing, reactivation and revocation of recognition as ET-Non Pharmaceutical Precursor as intended in paragraph (1), paragraph (2) and paragraph (3) conducted by the Director General.
Determination as executor of verification or technical inquiry of export Non Pharmaceutical Precursor is revoked if the Surveyor:
(1) The provisions of this Ministerial Regulation also applies to exports of products other than those listed in Attachment I to this Ministerial Regulation, which contains precursors and is required for approval of export by export destination countries.
(2) The provisions as intended in paragraph (1) do not apply to medicinal products.
For the purposes of monitoring the implementation of this Ministerial Regulation, the Director General may establish Non Pharmaceutical Precursor export controls team whose members consist of elements of BNN, Police, and Ministry of Industry.
Implementation Provision of this Ministerial Regulation may be determined by the Director General.
ET-Precursor and export approval are issued based on Regulation of the Minister of Trade No. 05/M-DAG/PER/1/2007 concerning Provisions on the Export of Precursor shall remain in force until the expired date.
When this Ministerial comes into force, Regulation of the Minister of Trade No. 05/M-DAG/PER/1/2007 concerning Provisions on the Export of Precursor shall be revoked and declared null and void.
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