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REGULATION OF THE MINISTER OF TRADE
NUMBER 32/M-DAG/PER/8/2010

CONCERNING
TRADING SERVICES UNIT

BY THE GRACE OF ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

a. the to increase services to business entities, it is necessary trading services unit that conducts licensing services in trading sector;

b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

1. Trade Law 1934 (Statute Book Number 86 of 1938);

2. Law Number 32 of 1997 concerning Commodity Future Trading (Statute Book of the Republic of Indonesia Number 93 of 1997, Supplement to Statute Book of the Republic of Indonesia Number 3720);

3. Law Number 9 of 2006 concerning Warehouse Receipt System (Statute Book of the Republic of Indonesia Number 59 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4630);

4. Law Number 39 of 2008 concerning State Ministries (Statute Book of the Republic of Indonesia Number 166 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4916);

5. Law Number 25 of 2009 concerning Public Services (Statute Book of the Republic of Indonesia Number 112 of 2009, Supplement to Statute Book of the Republic of Indonesia Number 5038);

6. Presidential Regulation Number 47 of 2009 concerning Establishment and Organization of State Ministries;

7. Presidential Decree Number 84/P of 2009 concerning Establishment of United Indonesia Cabinet II;

8. Presidential Regulation Number 24 of 2010 concerning Position, Duties, and Function of State Ministries as well as Organization Structure, Duties, and Function of First Echelon of State Ministries;

9. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING TRADING SERVICES UNIT

Article 1

In this Ministerial Regulation what is referred as:

1. Trading Services Unit, hereinafter abbreviated UPP is unit that implement licensing permit in the trade sector.

2. Licensing is giving legality to the applicant in the form of permit, recognition, appointment, determination, approval, or registration in the field of trade.

3. Minister is minister who conducts government affairs in the field of trade.

Article 2

Implementation of licensing service in the field of trade in the Ministry of Trade shall be conducted by UPP.

Article 3

(1) UPP in the implementation of licensing services as intended in Article 2 has duties in the licensing service in manually and/or electronically through Inatrade.

(2) In the implementation of licensing services in manually as intended in paragraph (1), UPP does functions of:

• a. receiving, implementation of verification, and implementation of validation of licensing documents and give receipt for the complete and correct application.
• b. submission of complete and correct licensing application documents with licensing supporting data to technical unit that handles licensing; and
• c. submit license already issued by technical unit to the license applicant.

(3) In the implementation of licensing service duties in electronically through Inatrade as intended in paragraph (1), UPP does functions of:

• a. receiving, implementation of verification, and implementation of validation of licensing documents and give receipt for the complete and correct application.
• b. receiving, implementation of verification, and implementation of validation of access right application documents in the form of hardcopy and softcopy.
• c. preparation and give Inatrade registration warrant to the access right applicant;
• d. giving access right to the applicant already fulfill requirements;
• e. submission of complete and correct licensing application documents with licensing supporting data to technical unit that handles licensing; and
• f. submit license already issued by technical unit to the license applicant.

Article 4

(1) Guidance to UPP as intended in Article 2 shall be conducted by the Minister.

(2) Responsibility of UPP organization is at Secretary General.

(3) Responsibility of licensing operations are at:

• a. Secretary General for licensing in the field of goods quality control;
• b. Director General of Foreign Trade for licensing in the field of foreign trade;
• c. Director General of Domestic Trade in the field of domestic trade.
• d. Director General of Consumer Standardization and Protection in the field of customer standardization and protection;
• e. Director General of National Export Development in the field of trade promotion; and
• f. Head of Commodities Future Trading Controller Agency for licensing in the field of commodities future trading and warehouse receipt system.

(4) Holder of operational responsibility of UPP net system is at Head of Trading Policies Study and Development Agency.

(5) Holder of daily responsibility of UPP:

• a. Secretary of Director General of Foreign Trade for licensing in the field of foreign trade;
• b. Secretary of Director General of Domestic Trade in the field of domestic trade.
• c. Secretary of Director General of Consumer Standardization and Protection in the field of customer standardization and protection;
• d. Secretary of Director General of National Export Development in the field of trade promotion; and
• e. Secretary of Commodities Future Trading Controller Agency for licensing in the field of commodities future trading and warehouse receipt system.
• f. Head of Goods Quality Control Center for licensing in the field of goods quality control.
• g. Head of Trade Data and Information Center for operational of UPP net system.

(6) Holder of daily responsibility of UPP as intended in paragraph (5) in the implementation of duties shall be helped by UPP coordinator and implementer.

(7) UPP coordinator and implementer is determined by Secretary General on the proposal of licensing operational responsibility holder as intended in paragraph (3).

Article 5

Licensing Services in UPP is conducted in accordance with Standard Operational Procedure and Service Level Arrangement.

Article 6

(1) Kinds of licensing as intended in Article 2 and Standard Operation Procedure as intended in Article 5 shall be determined by Secretary General on and behalf of Minister.

(2) Service Level Arrangement as intended in Article 5 refers to provisions of regulations.

Article 7

(1) Application for licensing as intended in Article (6) paragraph (1) is submitted to the Minister, First Echelon Official or Second Echelon Official in the Ministry of Trade environment in accordance with authority in the issuance of license as governed by regulations.

(2) Submission of licensing application as intended in paragraph (1) should be conducted through UPP.

Article 8

(1) Evaluation on the implementation of licensing service at UPP shall be conducted at the least once in 1 (one) year.

(2) Evaluation as intended in paragraph (1) shall be conducted by Secretary General, Director General, and Head of Agency as intended in Article 4 paragraph (3) in accordance with authority in the issuance of licensing.

(3) Beside evaluation as intended in paragraph (1) also conducted evaluation on the:

• a. structure and infrastructure in the implementation of UPP services by Secretary General; and
• b. operational of UPP net system by Head of Trading Policies Study and Development Agency.

(4) Evaluation of implementation of licensing services at UPP for public satisfaction level can be conducted by independent third party on the request of Ministry of Trade.

Article 9

Report of evaluation result as intended in Article 8 shall be submitted to the Minister through Secretary General.

Article 10

All costs appear in the implementation of licensing services in the trading sector by UPP are burden f State Revenue and Expenditure Budget of the Ministry of Trade.

Article 11

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 August 9, 2010
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
MARI ELKA PANGESTU