Decree of the Minister of Industry and Trade No. 445/MPP/KEP/7/2004 on Exception to Provisions on the import of salt for industries and the power of attorney to issue salt import permits

EXCEPTION TO PROVISIONS ON 1 THE IMPORT OF SALT FOR INDUSTRIES AND POWER OF ATTORNEY TO ISSUE SALT IMPORT PERMITS (Decree of the Minister of Industry and Trade No.455/MPP/Kep/7 /2004 dated July 26, 2004) THE MINISTER OF INDUSTRY AND TRADE, Considering: a. that demand for salt as a raw material/auxiliary material of industries during the period of a ban on the import of salt set forth in Decree of the Minister of Industry and Trade No.422/MPP/Kep/6/2004 cannot be met by local salt producers so that imported salt is needed; b. that in connection with the matters referred to in letter a, it is necessary to make an exception to the ban on the import of salt for industries pursuant to Article 17 of Decree of the Minister of Industry and Trade No. 360/MPP/Kep/5/2004 on Provisions on the Import of Salt as has been amended by Decree of the Minister of Industry and Trade No.376/MPP/Kep/ 6/2004; c. that to ensure the smooth exception to the ban on the import of salt referred to in letter b, it is necessary to appoint an official to issue salt import permits; d. that in this connection, it is necessary to issue a decree of the Minister of Industry and Trade; In view of: 1. Law No.5/1984 on Industry (Statute Book of 1984 No.27, Supplement to Statute Book No.3274); 2. Law No. 7 /1994 on the Ratification of Agreement Estab lishing The World Trade Organization (Statute Book of 1994 No.57, Supplement to Statute Book No.3564); 3. Law No.10/1995 on Customs (Statute Book of 1995 No.75, Supplement to Sta.tute Book No.3612); 4. Government Regulation No. 25/2000 on the Authority of the Central Gp.vemm!:lnt and the Authority of Prov inces as A1,1tonomous Regions (Statute Book of 2000 No. 54, S4pplemtnt to Statute Book No. 3952); 5. Presidentic1I Decree No, 260/1967 on the Affirmation of the Tasks and Responsibilities of the Minister of trade in the Foreign .Trade Field; 6. Presidential Decree No.228/M/2001 on the Formation of Mutual-Help Ci;ipinet; 7. Presidential Decree .No.102/2001 on the Position, Task, Function, Authority, Organisational Structure and Work MechaniS,!11 of Ministry; 8. Presidenti<il Decree No. 109/2001 on the Organisational Unit and ,Task of First Echelon Officials of Ministry; 9. Deere~ .~f ,the Minister of Industry and Trade NP,229/ MPP/Kep/7/1997 .on General Provisions in the lmport Sector; 10.Decree of theNi~ister of Industry and Trade NQ.230/ MPP/Kep/7 /1997 on Goods Subject to Import Regula tions as has been several times amended the latest by Decree 9f the f;1 i5,ter of Inaustry and Trade No.406/ MpP/Kep/6/2004, 11. Decree of the Minlst.er of Industry and Trade No.86/MPP/ ' ' > ' Kep/3/2Q01 on the Organisational Structure and Work Mechanism of the ~inistry of Industry and Trade; 12. Decree of the Minister of Industry and Trade No.40/MPP/ Kep/1/2003 on Importer's Identification Nu[llber (API); 13. Decree of the Minister of Industry and Trade No. 360/ MPP/Kep/5/2004 on Provisions on the Import of Saft as has been amended by Decree of the Minister of Indus try and Trade No.376/MPP/Kep/6/2004; 14 .. Decree .of the Minister of Industry and Trade No.422/ MPP/Kep/6/2004 on Grand Harvest Time of Smallholder Salt in 2004; DECIDES: To stipulate: DECREE OF THE MJNISTER OF INDUSTRY AND TRADE ON EXCEPTION TO PROVISIONS ON THE IMPORT OF SALT FOR ' j INDUSTRIES AND POWER OF ATTORNEY TO ISSUE SALT IMPORT PERMITS. Article 1 (l)The Minister of Industry and Trade shall make an excep tion to the ban on the import of salt to meet industries' demand for raw material/auxiliary material during 'the period of the ban on the import of salt set forth in De cree of the Minister of Industry and Trade No.422/MPP/ Kep/6/2004 on Grand Harvest Time of Smallholder Salt in 2004, on the stipulation that a. The exception to the ban on the import of. salt to meet industries' demand for a raw material/auxiliary material during the period of the ban on the import of salt shall only be given to the industries which have been declared as registered salt importers (IT) in accordance with Decree of the Minister of Indus try and Trade No. 3601/MPP/Kep/5/2004 on Provisions on the ·Import of Salt as has been amended by De cree of• the Minister of Industry and Trade No.376/ MPP/Ktp/6/2004; b. The salt referred to in letter a can only be imported by: 1) the relevant registered salt importers (IT) only for the production process of their industries and no.t for resale or trade; 2) the registered salt importers (IT) wno nave signed a sale purchase contract with other industries that cannot afford to import salt on their own and that the imported salt can be sold or transferred to the other industries. c. The registered salt importers (IT) who have received an exception to the ban on the import of salt during the period of the ban on the import of salt shall serve as a buffer to the prices of local salt during the smallholder salt grana harvest time. · (2) The registered salt importers (IT) who wish to secure an exception to the ban on the import of salt during the period of the ban on the import of salt referred to in paragraph (1) shall first apply for an import permit in writing for any import of salt. ( 3) Any import of salt that has secured an import permit referred to in paragraph (2) shall remain subject to the oqfigation' of verification or technical trace in the country of loading pursuant to Article 11 of Decree of the Minis ter of Industry and Trade No. 360/MPP/Kep/5/2004, ex cept if ti¥/.. lmj1orted,ija!t,nirrives at an Indonesian port on August 31, 2004 at the latest according to the manifest (BC.1.1) the verification or technical ti-ace will be con, ducted at a port of destination in the place where the importer keeps the salt under the supervision of cus toms and excise authorities. ( 4) The exception to the ban on the import of salt during the period of the ban on th e import of salt referred to in paragraph (1) shall only be valid in 2004. Article 2 ( 1) The regis;ered salt importers (IT) who have received an exception to the ban on the import of salt during the period of the ban on the import of salt referred to in Article 1 paragraph (1) letter c shall act as a buffer to the prices of local salt during the smallholder salt grand harvest time, on condition that a. They shall act as a buffer to the prices of local salt if the prices of Kl and/or K2 salt in bulk aboard a truck at the collecting point are respectively lower than Rp145,000 (one hundred and forty-five thousand rupiahs) per ton and Rpl00,000 (one hundred thou sand rupiahs) per ton as referred to in Article 3 para graph (3) of Decree of the Minister of Industry and Trade No. 360/MPP/Kep/5/2004. b. All the registered salt importers (IT) who have re ceived import permits shall act as a buffer to the prices of local salt by: 1) purchasing salt from farmers/producers of salt with local raw materials; or 2) establishing cooperation with third parties in pur chasing salt from farmers/producers of salt with local raw materials. c. The amount buffered by the registered salt importers (IT) referred to in letter b shall be in proportion to the quantity of salt imported by each of the regis tered salt importers or the existing salt stocks held by farmers/producers of salt with local raw materials. (2)The registered salt importers (IT) who are obliged to act as a buffer to the prices of salt referred to in para graph ( 1) shall submit: a. a statement of readiness to act as a buffer to the prices of loc;al salt or a cooperation contract with a third party in purchasin9 salt from farmers/produc ers of salt with fo~al raw materials; b. a report on the execution of obligation to act as a buffer to the prices of local salt. Artiel@-'·1! Any registered salt importer (IT) who is, after re ceiving an exception to the ban on the import of salt during the period of the ban on the import of salt, found violating provisions in Article 1 and Article 2 shall have his/her im port permit revoked. Article 4 ( 1) Given the provisions in Article 1, Article 2 and Article 3, pursuant to Article 17 of Decree of the Minister of In dustry and Trade No.360/MPP/Kep/5/2004 on Provisions on the Import of Salt as has been amended by Decree of the Minister of Industry and Trade No.376/MPP/Kep/ 6/2004, the Director General of Foreign Trade shall be given the authority to act for and on behalf of the Min ister of Industry and Trade to issue and sign salt import permits during the period of ban on the import of salt. (2)The authority referred to in paragraph (1) cannot be delegated or transferred to other officials. (3) The Minister of Industry and Trade shall instruct the offi cial referred to in paragraph ( 1) to perform his duties according to the authority given under this Decree and Decree of the Minister of Industry and Trade No. 360/ MPP/Kep/5/2004 on Provisions on the Import of Salt as has been amended by Decree of the Minister of Indul\; try and Trade No.376/MPP/K~p/6/2004. Article 5 Other provisions in Decree of tM Minister of In dustry and Trade No.360/MPP/Kep/5/2004 on Provisions on the Import of Salt as has been amended by Decree of the Minister of Industry and Trade No.376/MPP/Kep/6/2004 which do not contradict this Decree shall remain valid. Article 6 This Decree shall come into force as from the date of stipulation. For public cognizance, this Decree shall be pub• lished by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta on July 26, 2004 THE MINISTER OF INDUSTRY AND TRADE sgd. RINI M SUMARNO SOEWANDI ===( s )====