Joint Regulation of R.I. Trade Minister No. 52/M-DAG/PER/12/2010 and R.I. Minister of sea and Fishery No. PB.02/MEN/2010 concerning prohibition on the import of certain shrimp species into the territory of the Republic of Indonesia

4A PROHIBITION ON THE IMPORT OF CERTAIN SHRIMP SPECIES INTOTHE TERRITORY OFTHE REPUBLIC OF INDONESIA (Joint Regulation of R.I.· Trade Minister No. 52/M-DAG/PER/12/ 2010 and R.I. Minister of Sea and Fishery No. PB.02/MEN/2010, dated December 23, 2010) WITHTHEBLESSING OFTHEONE AND ONLY GOD TRADE MINISTER OFTHEREPUBllCOFINDONESIA AND MINISTER OFSEA AND FISHERY OF THE REPUBUC OF INDONESIA, Considering: a. that based on information of World Animal Health Or ganization(Organization Internationale dez Epizootic/ Business News8060-8061/1-26-2011 ;; OlE) and products of scientific studies(scientificevi dence) on risk of imported shrimp, presently it is reg istered and identified there are Virus diseases on shrimps cutegorized hazerdous to the health of man and health of shrimps and shall be heeded to in the international trade system; b. that in the context of preventing and controlling the spread of shrimpvirusdisease, andto protectthe health of ," " " " ". of natural resources and the health of man all over the world including Indonesia, it is necessary to prohibit the import of certain shrimp species into the territory of the Republic of Indonesia; c. that based on the considerations referred to in letter a and letter b, it is necessary to stipulate a Joint Regula tion of the Trade Minister and Minister of Sea and Fish ery; In view of: 1. 8edrijfsregieMinisterngs Ordonnantie 1934 (StaatsbJad Year 1938 No. 86); 2. Law No. 16 Year 1992 (8N No. 5292 pgs 4B-13B) Con cerning Animal, Fish and Plant Quarantine (State Ga zette of the Republic of Indonesia Year 1992 No. 56, Supplement to State Gazette of the Republic of Indo nesia No. 3482); 3. Law No.7 Year 1994 (BN No. 5696 pgs 1B-58) con cerning ratification of Agreement Establishing the World Trade Organization (State Gazette of the Republic of Indonesia Year 1994 No. 57, Supplement to State Ga zette of the Republic of Indonesia No. 3564); 4. Law No. 10 Year 1995 (BN No. 5806 pgs 5B-19B etc) concerning Customs (State Gazette of the Republic of Iudonesia Year 1995 No. 75, Supplement to State Ga zette of the Republic of Indonesia No. 3612) having been amended by Law No. 17 Year 2006 (8N No. 7446 pgs 178-248 etc) (State Gazette of the Republic ot In donesia Year 2006 No. 93, Supplement to State Ga zette of the Republic of Indonesia No. 4661); Business News fWfiO-8061jl-)fi-)O 11 SA 5. Law No. 31 Year 2004 (8N No. 7144 pgs 78-128 etc) concerning Fishery (State Gazette of the Republic of Indonesia Year 2004 No. 118, Supplement to State Ga zette of the Republic of Indonesia No. 4433) having been amended by Law No. 45 Year 2009 (BN No. 7890 pgs 28-168) (State Gazette of the Republic of Indone sia Year 20U9 No. 1~4, Supplement to State Gazette of the Republic of Indonesia No. 5073); 6. Law No. 39 Year 2008 (BN No. 7755 pgs 98-128) con cerning State Ministries (State Gazette of the Republic of Indonesia Year 2008 No. 166, Supplement to State Gazette of the Republic of Indonesia No. 4916); 7. Government Regulation No. 15 Year 2002 (BN No. 6776 pgs 3B-128) concerning Fish Quarantine (State Gazette of the Republic of Indonesia Year 2002 No. 36, Supple ment to State Gazette of the RepubliCor tndonesia NO. 4179); 8. Government Regulation No. 54 Year 2002 (BN No. 6869 pgs 3B-78) concerning Fishery Business (State Gazette of the Republic of Indonesia Year 2002 No.100, Supple ment to State Gazette of the Republic of Indonesia No. 4230); 9. Presidential Decree No. 260 Year 1967 (BN No. 1598 page 13A) concerning Confirmation of Trade Minister's Duty and Responsibility in the Aspect ot r-oreiqn I race: 10. Presidential Regulation No. 47 Year 2009 (BN No. 7927 pgs 2B-128) concerning Establishment and Organiza tion of State Ministries; 11. Presidential Regulation No. 24 Year 2010 concerning Position, Duty, and Functions of State Ministries and urganizatlon Composition, ounes and functions of Ech elon-I units of State Ministries; 12. Presidential Decree No. 84/P Year 2009 (BN No; 7875 pgs 13B-148) having been amended by Presidential Decree No. 56/P Year 2010i 13. Decision or the Minisler or Seaand Fishery No. KEP.24/ MEN/ 2002 concerning Procedure and Technique for the Compilation of Statutory Regulations within the De partment of Seaand Fishery; 14. Finance Minister Decision No. 545/KMK.Ol/2003 (BN No. 7041 I-'ys 76-85) LOr Iceminy 5lipulClliOll or Classifl cation System of Imported Goods; 15. Trade Minister Regulation No. 54/M-DAG/PER/1O/2009 (BN No. 7880 pgs 18-38) concerning General Provi sions in the Aspect of Import; 16. Regulation of Minister of Sea and Fishery No. PCR.IS/ MEN/ 2010 concerning Organization and Work Mecha nism of the Sea and Fishery Ministry; 17. Regulation of Minister of Sea and Fishery No. PER.ll/ MEN/ 2010 concerning Control of the Quality and Safety of Fishery Products Entering into the Territory of the Republic of Indonesia; 18. Trade Minister Regulation No. 31/M-DAG/PER/7/2010 concerning Organization and Work Mechanism of the Trade Ministry; DECIDES'. Business News 8060-8061/1-26-2011 6A TO stipulate: JOINT REGULATION OFTHETRADE MINISTER DAN \1INIS TER OFSEA ANDFISHERY CONCERNING PROHIBITION FOR THE IMPORT OF CERTAIN SHRIMP SPECIES INTO THE TERRITORY OFTHE REPUBUC OFINDONESIA. Article 1 In lhis JoInt Regulation, terms used are 2S rot lows: 1. Shrimp is a boneless animal, living in water, hard skin, ten legs, short tail and havinq two pincers at its front legs (crustaceae). 2. Head on shrimp is shrimp in an lntart conditinn, with out chopping its head and not skinned. 3. Headless shrimp is shrimp separated from its head. Article 2 (1) Certain shrimp species are prohibited to be imported into the territory of the Republic of Indonesia. (2) The certain shrimp sppcies referred to in paraqraph (1) are contained in the Attachment being an insepa rable part of this JOint Regulation. Article 3 (1) Certain shrimp species referred to in Article 2 arriving in Indonesian ports on or after the date stipulated in this loint Reouiation must be re-exported to the coun try of origin or destroyed in accordance with provi sions of statutory regulations. (2) The re-exportor destructionof the certain shrimp spe cies referred to in Article 2 shall be the responsibility and/or borne by the importer. Article 4 Shrimpsother than those referred to in Article 2, either in the form of head on shrimp or headless shrimp entering into the territory of the Republic of Indonesiamay only be performed thru: a. Sea ports: Belawan in Medan, Tanjung Priokin Jakarta, Tanjung Emas in Semarang, Tanjung Perak in Surabaya, Soekarno Hatta in Makassar; and/or b. Airports: Polonia in Medan, Soekarno Hatta in Jakarta, Juandain Surabaya, Sultan Hasanuddin in Makassar. Article 5 Violationson provJslOJi5 of Article 2, Artide 3, and Article 4 shall be imposed to sanctions in accordance with provisions of statutory regulations. fA b. resultof coordinationwith the relatedtechnical aqencv stated that prohibition on the import of the certain shrimp species had expired in part or totally. Article 7 This Joint Requlation commences to come to ef fect from the date of stipulation. For public cognizance, this Joint Regulationshall beannounced in the StateGazetteof the Republic of Indo nesia. Stipulated in Jakarta on December23, 2010 R.I. MINISTER OFSEA AND ASHERY, sgd. FADEL MUHAMMAD R.I.TRADE MINISTER, sgd. MARlELKA PANGESTU ATTACHMENT TOJOINT REGULATION OF THE TRADE MINISTER OF TIiE REPUBLIC OF INDONESIA AND MINISTER OF SEA AND ASHERY OF THE REPUBUC OF IN DONESIA Article 6 ThisJointRegulation shallberevoked in the event: a. there is a scientific evidence stating that the virus dts easeon shrimp categorized hazardous to the health of shrimp and health of man is no more in existence; and Business News 8060-8061/1-26-2011 No. No. Dote 52/M-OAG/PFRj12/2010 PB.02/MEN/2010 December23, 2010 LIST ..... USTOFCERTAIN SHRIMP SPECIES PROHIBffiD TO BE IMPORTED INTO THE TERRITORY OF THE REPUBliC OF TNDONFC;IA NO. POSTTARIFF ELUOOAll0N 1. Ex. 0306.13.00.00 - Frozen: Small shrimp and common shrimp (Penaeus vanamae spesies) 0306.23 - Not frozen (fresh) ~ ~ Small shrimp and common shrimp Business News 8060-8061/1-26-2011 SA (Penaeus vanarnae spesies): 2. Ex. 0306.23.30.00 - Fresh or cold R.I. MINISTER OFSEA AND FISHERY, sgd. FADEL MUHAMMAD R.I. TRADE MINISTER, sgd. MARlELKA PANGESTIJ In view of: .....