Regulation of the Minister of Agriculture No. 05/Permentan/OT.140/2/2012 on the import and export of horticultural seeds

IMPORT AND EXPORT OF HORTICULTURAL SEEDS (Regulation of the Minister of Agriculture Number 05/Permentan/OT.140/2/2012 dated February 6,2012) BY GRACE OF GOD THE ALMIGHTY THE MINISTER OF AGRICULTURE, Considering: a. that following the promulgation of Law Number 13 Year 2010 on Horticulture, Article 63 para graph (4) mandates the need for regulating the import and export of horticultural seeds to and from the territory of the Republic of Indonesia; b. that in line with developments of technology Plant Quarantine (Statute Book of the Republic of Indonesia Year 1992 Number 56, Supplement to Statute Book of the Republic of Indonesia Number 3482); 2. Law Number 4 Year 2006 on Ratification of In ternational Treaty on Plant Genetic Resources For Food and Agriculture (Statute Book of the Repub lic of Indonesia Year 2006 Number 23, Supple ment to Statute Book of the Republic of Indonesia Number 4612); and the need of horticultural seedling society, 3. Law Number 13 Year 2010 on Horticulture (Stat Regulation of the Minister of Agriculture Num- ute Book of the Republic of Indonesia Year 2010 ber 38/Permentan/OT.140/8/2006 jis Regulation of the Minister of Agriculture Number 68/Per Number 132, Supplement to Statute Book of the Republic of Indonesia Number 5170); mentan/OT.140/11/2007 and Regulation of the 4. Government Regulation Number 14 Year 2002 on Minister of Agriculture Number 70/Permentan/ Plant Quarantine (Statute Book of the Republic of OT. 140/11/2007 are not suitable anymore for the import and export of horticultural seeds; c. that based on the above mentioned matters, and in order to facilitate the provision of service for the import and export of horticultural seeds, it is necessary to stipulate a ministerial regulation on the import and export of horticultural seeds; In view of: 1. Law Number 16 Year 1992 on Animal, Fish and Indonesia Year 2002 Number 35, Supplement to Statute Book of the Republic of Indonesia Number 4196); 5. Government Regulation Number 21 Year 2005 on Biological Security of Genetically Engineered Products (Statute Book of the Republic of Indone sia Year 2005 Number 44, Supplement to Statute Book of the Republic of Indonesia Number 4498); 6. Presidential Decree Number 27 Year 1971 on Na tional Seed Agency; Business News 8335-8336/11-28 2012 I 19 7. Presidential Decree Number 84/P Year 2009 on the Establishment of the Second United Indonesia Cabinet; 8. Presidential Regulation Number 47 Year 2009 on the Establishment and Organization of State Min istries jis Presidential Regulation Number 91 Year 511/Kpts/PD.310/9/2006 on Commodities Fos tered by the Directorate General of Plantations, Directorate General of Food Crops and Direc torate General of Horticulture juncto Decree of the Minister of Agriculture Number 3599/Kpts/ PD.390/10/2009; 2011 (Statute Book of the Republic of Indonesia 15. Regulation of the Minister of Agriculture Number Year 2011 Number 142); 61/Permentan/OT.140/10/2010 on Organization 9. Presidential Regulation Number 24 Year 2010 on and Working Arrangement of the Ministry of Agri Status, Tasks and Functions of State Ministries culture; as well as First-Echelon Organizational Struc- I 16. Regulation of the Minister of Agriculture Number tures, Tasks and Functions of State Ministries 37/Permentan/OT.140/7/2011 on Conservation juncto Presidential Regulation Number 92 Year 2011 (Statute Book of the Republic of Indonesia Year 2011 Number 142); 10. Presidential Regulation Number 39 Year 2010 on the Biological Security Commission of Genetically Engineered Products; and Utilization of Genetical Resources of Plants; 17. Regulation of the Minister of Agriculture Num ber 93/Permentan/OT.140/12/2011 on Kinds of Organisms Disturbing Quarantine Plants (State Gazette of the Republic of Indonesia Year 2012 Number 6); 11. Presidential Decree Number 19 Year 2011 on I 18. Regulation of the Minister of Agriculture Num ber 94/Permentan/OT.140/12/2011 on Point of Import and Export of Media Carrying Disease of Quarantine Animals and Organism Disturbing Quarantine Plants (State Gazette of the Republic of Indonesia Year 2012 Number 7); Stipulation of Indonesia Membership in Interne tional Seed Testing Association; 12. Decree of the Minister of Agriculture Number 734/Kpts/OT.140/12/2006 on the Establishment of the Genetic Resources National Commission; 13. Regulation of the Minister of Agriculture Number 09/Permentan/OT.140/2/2009 on Requirements and Procedures for Taking Quarantine Action DECIDES: against the Importof Media Carrying Organism To stipulate: Disturbing Quarantine Plants into the Territory of THE REGULATION OF THE MINISTER OF AGRICUL the Republic of Indonesia; TURE ON THE IMPORT AND EXPORT OF HORTICUL 14. Decree of the Minister of Agriculture Number TURAL SEEDS 20 Business News 8335-8336111-28-2012 CHAPTER I GENERAL PROVISION Article 1 Referred to in this regulation as: 1. Horticultural Seeds hereinafter called seeds shall be horticultural plants or parts thereof, which are use to multiply and/or reproduce horticultural plants. 2. Quality Seeds of horticultural leading varieties hereinafter called quality seeds shall be seeds of horticultural varieties already registered for the need of distribution and fulfilling the stipu lated minimum quality standard/technical re quirements as well as having distribution super vised. 3. Distribution shall be an activity or a series of activities in the framework of distributing qual ity seeds of horticultural leading varieties in the country, which is destined for trade or not. 4. Import of Seeds shall be a series of activities im porting seeds of plants from other countries into the territory of the Unitary State of the Republic of Indonesia, as introduction for plant nourish ment or provision of quality seeds of horticultural leading varieties. 5. Export of Seeds shall be a series of activities re leasing seeds from the territory of the Unitary State of the Republic of Indonesia. 6. Import License shall be written information con taining right, which is granted by the Minister or tity, legal entity, government institution or plant observer so as to be able to execute the import of seeds of plants. 7. Export License shall be written information con taining right granted by the Minister or appointed official to individual, business entity, legal entity, government institution or plant observer so as to be able to execute the export of seeds of plants. 8. Individual shall be individual or group not having legal entity. 9. Plant Observer shall be individual or a group of persons or organization paying great attention to plants for the need of hobby, art and not tradable. 10. Director General shall be the first-echelon leader of the Directorate General responsible for horti cultural affairs. 11. Head of the Plant Variety Protection and Agri culture Licensing Center hereinafter called the Head of Center shall be a leader of second-eche Ion working unit in the Ministry of Agriculture in charge of plant variety protection and agriculture licensing. 12. Quality Standard of Seed shall be standard technical specification of seed, covering physi cal, genetic, fisiological quality and/or seed health. 13. Genetically Engineered Products shall be live organisms, parts thereof and/or results of their processing which have new genetic structure constituting application of modern bio-technolo the authorized official to individual, business en- I gY. Business News 8335-8336/ 11-28-2012 21 Article 2 by the Minister on behalf of the Minister. (1) The regulation shall be stipulated as basis of ser vice for the import and export of seeds. Article 6 (2) The regulation shall aim at: The import of seed as meant in Article 4 shall a. guaranteeing the availability of quality seed aim at: sufficiently and continually; a. registering horticultural varieties for circulation; b. boosting the growth of domestic seed indus- b. procuring quality seed; try; c. procuring parent stocks for the multiplication of c. increasing genetic diversity and preserving bi seed from the registered varieties; ological security; and d. developing seed for export purpose; d. driving up state earnings. e. executing proficiency test in the framework of ac crediting analytical laboratories; Article 3 The scope of this regulation shall cover the import and export of seed. CHAPTER II IMPORT OF SEED Part One General Article 4 (1) The import of seed may be executed by individu als, government institutions, business entities, le gal entities and/or plant observers. (2) The import of seed as meant in paragraph (1) may be executed after securing license from the Minis ter. Article 5 In granting the license to import as meant in f. executing new, unique, uniform and stable test (BUSS) for the protection of plant varieties; g. the need for plant observers; h. exhibition/promotion materials; and i. activity of contest. Part Two Requirement for Import of Seed Article 7 (1) In order to secure the license to import seed as meant in Article 5: a. the business entities or legal entities as meant in Article 4 paragraph (1) shall submit written application, accompanied by administrative requirements: 1) copy of the deed of establishment of com pany and amendment thereto; 2) copy of taxpayer code number (NPWP); Article 4 paragraph (2), the execution shall be done 3) copy of corporate profile; 22 Business News 8335 - 8336/ 11-28 2012 4) copy of citizenship identity card (KTP) of I 6 letter a shall meet the administrative requirements corporate executive; as meant in Article 7 and the following technical re 5) copy of certificate of domicile of compa- quirements: ny; and 6) copy of registration certificate of seed producer. b. the individuals as meant in Article 4 paragraph (1) shall submit written application accompa nied by administrative requirements: a. the said varieties have advantage and/or unique ness as well as specific usage; b. the quantity of the requested seed is limited in accordance with the need for the prepara tion of registration of varieties of horticultural seeds; 1) copy of citizenship identity card (KTP); 2) copy of taxpayer code number (NPWP); and 3) copy of registration certificate of seed pro- d ducer. c. the government institution as meant in Article 4 paragraph (1) shall submit written applica tion accompanied by proposal of the use of the would-be imported seed. having summary of design for adaptation test or observation and/or the planned need of seed for the truth test of horticultural varieties; seeds of genetically engineered products are obliged to secure recommendation from the Bio logical Security Commission of Genetically Engi neered Products. d. the plant observer as meant in Article 4 para graph (1) shall submit written application along with administrative requirements 1) copy of citizenship identity card (KTP); and 2) copy of taxpayer code number (NPWP). (2) The import of seed shall meet the requirements as meant in paragraph (1) and the provision of quarantine legislation. Article 8 The import of seed for the need of registration Article 9 (1) The import of seed for the provision of quality seed as meant in Article 6 letter b shall meet the requirements as meant in Article 7 and the follow ing technical requirements: a. variety is registered for circulation; b. fulfilling minimum quality standard or technical requirement; c. mentioning clear identity of seed in Indonesian language in package; d. domestic stock has not been sufficient; e. not yet produced or unable to produce in the of varieties of horticultural plants as meant in Article territory of the Republic of Indonesia; Business News 8335-8336/11-28-2012 23 f. kind and quantity of the requested seed is lim ited in accordance with the need for the provi sion of quality seed; and g. seed of genetically engineered product is obliged to secure recommendation from the Biological Security Commission of Genetically Multiplication of seed for the need of the ex port of the seed or product as meant in Article 6 let ter d, shall meet the administrative requirements as meant in Article 7 and the following technical require ments: a. having plan for the development/multiplication of Engineered Product. seeds or planting; (2) The import of seed as meant in paragraph (1) shall b. the quantity of the requested seed is in accor be realized in no later than 2 (two) years from the dance with the availability of land for the multipli registration of variety, cation of seed or planting; and (3) The import of seed as meant in paragraph (2) shall c. securing technical consideration from local pro be in exception for horticultural seed unable to vincial service in charge of horticultural affairs. produce in the territory of the Republic of Indone sia. (4) The provisions as meant in paragraph (1) letter b up to f and paragraph (3) shall be regulated further by the Director General on behalf of the Minister. Article 10 The import of parent-stock seed of the regis tered varieties as meant in Article 6 letter c for do mestic production shall meet the administrative re quirements as meant in Article 7 and the following technical requirements: a. the parent stock has not been available in Indone sia; and b. the quantity of the requested seed is in accor dance with the need. Article 12 (1) The import of seed for the need of proficiency test as meant in Article 6 letter e shall meet the requirements as meant in Article 7 and the follow ing technical requirements: a. kind and quantity of seed are in accordance with the said test; b. copy of letter of participation in proficiency test and/or letter of notification about the ex ecution of proficiency test from the Interna tional Seed Testing Association (ISTA), which remains valid; and c. rest of seed, destroyed seed and sprout re sulting from seed of proficiency test as well as growing media which is used in the test have to be destroyed after the test is com pleted. Article 11 (2) The execution of the proficiency test as meant in 24 Business News 8335-8336/11-28-2012 paragraph (1) shall be supervised by plant quaran tine officer. Article 13 The import of seed for the need of BUS test a shall constitute small plant having leaf and root. Article 15 The import of seed for the need of exhibition/ as meant in Article 6 letter f shall meet the require- promotion and/or contest as meant in Article 6 letter ment as meant in Article 7, as well as kind and quan- h and letter i shall meet the requirement as meant in tity of the seed shall be in accordance with the need of the test. Article 7 and the following technical requirements: a. enclosing invitation of participation in exhibition/ contest from the organizing committee; and Article 14 (1) The import of seed for the need of plant observ ers as meant in Article 6 letter g shall meet the administrative requirements in Article 7 and the following technical requirements: a. the quantity of the requested seed is maximal ly 10 (ten) plants, consisting of several kinds and/or verieties and/or 5 (five) invitro packag es containing maximally 25 (twenty five) plan let or slip of plant or young plant per package; and b. planned location of planting. (2) The planlet as meant in paragraph (1) letter a shall be in the form of bud already having root, which results from either kernel or cell culture or mem brane culture resulting from the multiplication through organogenesis or embryogenesis ready for acclimatization. (3) The stud as meant in paragraph (1) letter a shall constitute part of plan used for vegetative repro duction. b. kind and quantity of the imported seed is in ac cordance with the need. Article 16 (1) If the quality standard of seed or minimum techni cal requirement as meant in Article 9 paragraph (1) letter b has not been stipulated, the Director General in granting license to import the seed as meant in Article 5 shall refer to the quality stan dard of seed or minimum technical requirement of the closest family. (2) Following the importing of the seed as meant in paragraph (1) into the territory of the Republic of Indonesia, the Director General on behalf of the Minister shall stipulate promptly the quality stan dard of seed or minimum technical requirements. Article 17 (1) In order to ascertain the fulfillment of the qual ity standard or minimum technical requirement as meant in Article 9 paragraph (1) letter b, quality (4) The young plant as meant in paragraph (1) letter test of seed shall be needed. Business News 8335-8336/11-28-2012 25 (2) The quality test of seed as meant in paragraph (1) shall be executed by institution in charge of supervision and certification of seed or accredited laboratory in the field of quality test of seed in ac cordance with the commodity. (3) The quality test of seed as meant in paragraph (1) shall be in exceptional if the seed has been tested by laboratory already accredited by the Interna tional Seed Testing Association (ISTA) in country of origin. (4) The quality test as meant in paragraph (1) may be executed simultaneously with the veterinary test of seed by plant quarantine officer. Part Three Import Licensing Procedure Article 18 (1) In order to secure the license as meant in Article 5, the individuals, government institutions, busi ness entities, legal entities and/or plant observers Importation to Indonesia, with form IF - 01 as contained in the attachment as part insepa rable from this regulation; and b. Technical Information for Commodity (s) Pro posed Exported into Indonesia, in the case of the first time import of seed of plant and/or country of origin, with Form IF - 02 as con tained in the attachment as part inseparable from this regulation. (3) After receiving the application as meant in para graphs (1) and (2), the head of the center shall have completed the examination of completeness of application document and inform whether the application is accepted or rejected in no later than 3 (three) working days. Article 19 (1) The application shall be rejected as meant in Ar ticle 18 paragraph (3) if result of examination shows that the document is not complete or un as meant in Article 4 paragraph (1) shall submit true. written application manually and/or electronically (2) The rejection as meant in paragraph (1) shall be to the Minister through the Head of the Center by notified to applicant in writing by the head of the form IM - 01 as contained in the attachment as I center. part inseparable from this regulation with a copy made available to the Head of the Agricultural Quarantine Board. (2) Besides the requirement as meant in Article 7, the application as meant in paragraph (1) shall also be accompanied by: Article 20 (1) The application shall be accepted as meant in Ar tide 18 paragraph (3) if the document is complete and true. (2) The complete and true application as meant in a. Information Required for Seed Introduction/ paragraph (1) shall be submitted to the Director 26 Business News 8335-8336/11-28-2012 General and the Head of the Agricultural Quaran tine Board in writing. (3) The head of the Agricultural Quarantine Board as meant in paragraph (2) in no later than 5 (five) Article 21 (1) The rejection as meant in Article 20 paragraph (5) shall be done unless the technical requirements as meant in Article 18 are fulfilled. working days shall have issued recommendation (2) The rejection as meant in paragraph (1) shall be and submitted to the Director General with a copy notified in writing by the Director General to ap made available to the head of the center. (4) Unless the Head of the Quarantine Board issues recommendation in no later than 5 (five) working days, the Director General may process by using the previous recommendation. (5) The Director General after receiving the recom mendation from the Head of the Agricultural Quarantine Board as meant in paragraph (3) shall have informed whether the application is accept ed or rejected in no later than 10 (ten) working days. (6) The application shall be considered acceptable if the Director General has not issued a letter of re jection in the maximum period of 10 (ten) working days as meant in paragraph (5). (7) In the case of the import of seed for the first time from plant and/or country of origin, in no later than 60 (sixty) working days, the Head of the Ag ricultural Quarantine Board shall have submitted recommendation to the Director General if the ap plication is accompanied by result of risk analysis of organism disturbing quarantine plant (OPTK). (8) Further provision on the risk analysis of OPTK as meant in paragraph (7) shall be regulated by the Agricultural Quarantine Board. plicant through the Head of the Center by using Form IM - 02 as contained in the attachment as part inseparable from this regulation. Article 22 (1) In the case of the application being acceptable or deemed acceptable as meant in Article 20 para graph (6), the Director General shall issue a li cense to import seed. (2) The import license as meant in paragraph (1) shall be issued in the form of Decree of the Minister of Agriculture by using Form IM - 03 as contained in the attachment as part inseparable from this regulation. (3) The license to import seed as meant in paragraph (1) shall be granted for a maximum period of 6 (six) months. (4) The import license shall be submitted to applicant by the head of the center in no later than 2 (two) working days following the receipt from the Di rector General. Article 23 Licensee shall have completed the import of the whole seeds through the points of entry already Business News 8335-8336/11•28-2012 I 27 stipulated in accordance with the period granted in shall be revoked if: the import license. a. the obligation as meant in Article 24 is not executed; Part Four Obligation of Licensee Article 24 (1) The individuals, government institutions, busi ness entities, legal entities and/or plant observers importing seed shall be obliged to give up the im port license as meant in Article 22 to plant quar antine officer and copy thereof to the institution in charge of supervision and certification of seed in the storage location of seed in no later than the moment when the seed arrives at point of entry. (2) Government institutions and plant observers im porting seed, in no later than 7 (seven) working days as from the import of seed as meant in para graph (1) shall be obliged to report the realization of the import of seed to the Director General with a copy made available to the Head of the Center. (3) Individuals, business entities or legal entities im porting seed shall be obliged to report the real ization of the import of seed in no later than 30 (thirty) days as from the import of seed as meant in paragraph (1) to the Director General with a copy made available to the head of the center. b. the provision contained in the import license is not executed; c. the license is transferred to other party; or d. the provision of quarantine legislation is not fulfilled. (2) The revocation of the license to import seed be cause of the reason as meant in paragraph (1) letter a and letter b shall be done after a warning is issued once and is not obeyed in a period of 7 (seven) working days as from the issuing date of the warning. (3) The revocation of the license to import seed be cause of the reason as meant in paragraph (1) let ter c shall be done promptly without prior warn ing. 14) The revocation of the license to import seed as meant in paragraph (2) or paragraph (3) shall be done by the Director General on behalf of the Minister by using Form IM - 04 as contained in the attachment as part inseparable from this reg ulation. Part Six Supervision in Point of Entry Part Five Article 26 Revocation of License (1 ) Supervision over the execution of the license to Article 25 import seed in point of entry shall be executed by (1) The license to import seed as meant in Article 22 plant quarantine officer. 28 Business News 8335-8336/11-28-2012 (2) The licensing supervision as meant in paragraph (1) shall be executed in coincidence with plant quarantine action. (3) The licensing examination as meant in paragraph (2) shall be done to ascertain the completeness, legitimacy and truth of document content (4) The legitimacy of the import license as meant in paragraph (3) shall cover: a. conformance to the stipulated form; b. issued by the Director General in the form of decree of the Minister of Agriculture; c. quota has not been fulfilled; and d. validity period of import license has not ex pired. (5) The truth of the import license as meant in para graph (3) shall, among others, cover: a. point of entry of seed; and b. kind and imported variety. (6) If the result of the document examination as meant in paragraph (3) proves that: a. the import has not been accompanied by im port license, the seed shall be detained and the owner or proxy shall be granted opportuni be taken in accordance with the quarantine legislation. (7) If the required import license has not been ful filled or is not fulfilled in the maximum period of 14 (fourteen) working days as meant in para graph (6) letter a, the action of rejection shall be taken. (8) If the quantity of the imported seed is bigger than the quota as meant in paragraph (4) letter c, ac tion of rejection shall be applied the excess. (9) If the owner or proxy does not bring promptly seed to come of the territory of the Republic of Indonesia in the maximum period of 14 (fourteen) working days following the receipt of the letter of rejection as meant in paragraph (6) letter a, paragraph (7) and paragraph (8), the seed shall be destroyed. CHAPTER III EXPORT OF SEED Part One General Article 27 ty to give up import license in no later than 14 (1) The export of seed may be executed by individu (fourteen) working days following the receipt als, government institutions, business entities, le of the detention letter; gal entities and/or plant observers. b. the import license is not legitimate and/or un- (2) The export of seed as meant in paragraph (1) may true, the action of rejection shall be taken; be done after securing license from the Minister. c. import license and other required documents (3) The export of seed for protected plants shall se are legitimate and true, veterinary examina- cure license from the minister in charge of natural tion and other plant quarantine actions shall resources conservation. Business News 8335-8336/11-28-2012 29 The export of seed as meant in Article 27 shall be executed if: a. the domestic need for seed has been fulfilled; b. seed is produced specifically for the need of ex port; C. conservation of genetic resources is guaranteed; Article 27 paragraph (1) shall submit written application accompanied by administrative re quirements: 1) copy of citizenship identity card (KTP)/ Passport; and 2) statement that seed is to be planted direct and ly and not put up for trade. d. seed is destined for the need of contest/exhibi- 1 (2) Besides the requirements as meant in paragraph t ion/promoti on. Part Two Requirement for Exporting Seed Article 30 (1) In order to secure the license to export seed as meant in Article 27: a. business entity or legal entity shall submit writ ten application accompanied by administrative requirements: 1) copy of the deed of establishment of com pany and amendment thereto; 2) copy of taxpayer code number (NPWP); (1 ), the export of seed shall also meet the provi sion of quarantine legislation. Part Three Export Licensing Procedure Article 31 (1) In order to secure the license as meant in Article 28, the individuals, government institutions, busi ness entities, legal entities and/or plant observers as meant in Article 27 paragraph (1 ) shall submit written application manually and/or electronically to the Minister through the Head of the Center by using Form IK - 01 as contained in the attach 3) copy of corporate profile; ment as part inseparable from this regulation with 4) copy of citizenship identity card (KTP) of a copy made available to the Head of the Agricul corporate executive; tural Quarantine Board. 5) copy of certificate of domicile of the com- (2) The application as meant in paragraph (1) shall 30 Business News 8335-8336/11-28-2012 be accompanied by the required documents as meant in Article 30. Article 34 (3) The Head of the Center after receiving the ap plication as meant in paragraph (1) and paragraph (2), in no later than 3 (three) working days after completing the examination of application docu ment shall inform whether the application is ac cepted or denied. Article 32 (1) The application as meant in Article 31 paragraph (3) shall be rejected if the result of application shows that the document is not complete or true (2) The rejection as meant in paragraph (1) shall be informed in writing by the head of center to ap plicant. Article 33 (1) The application as meant in Article 31 paragraph (3) shall be accepted if the document has been complete and true. (2) The complete and true application as meant in paragraph (1) shall be submitted in writing to the (1) The rejection as meant in Article 32 paragraph (1) shall be done if the technical requirements as meant in Article 29 are not fulfilled. (2) The rejection as meant in paragraph (1) shall be notified in writing by the Director General to ap plicant to the Head of the Center by using Form IK — 02 as contained the attachment as part in separable from this regulation. Article 35 (1) In the case of the application being accepted or deemed acceptable as meant in Article 33, the Di rector General shall issue a license to export seed. (2) The export license as meant in paragraph (1) shall be issued in the form of Decree of the Minister of Agriculture by using Form IK - 03 as contained in the attachment as part inseparable from this regulation. (3) The license to export seed as meant in paragraph (1) shall be granted for a maximum period of 6 (six) months. Director General and the Head of the Agricultural I (4) The export license shall be submitted to applicant Quarantine Board. through the head of the center in no later than 2 (3) The Director General in no later than 10 (ten) working days shall have informed whether the application is accepted or rejected. (4) In the case of the Director General not yet issuing letter of rejection in no later than 10 (ten) working (two) working days following the receipt from the Director General. Article 36 Licensee shall have completed the export days, the application shall be deemed acceptable. ; of the whole seeds through the stipulated point of Business News 8335-8336111-28-2012 ! 31 export in accordance with the period stipulated in d. fails to abide by the provision of quarantine the export license. Part Four Obligation of Licensee Article 37 (1) Individuals, government institutions, business en tities, legal entities and/or plant observers export ing seeds shall be obliged to give the license to export seed as meant in Article 35 to plant quar legislation. (2) The revocation of the license to export seed be cause the reason as meant in paragraph (1) letter a and letter b shall be done after warning is issued once and is not obeyed in a period of 7 (seven) working days after the issuance of the warning. (3) The revocation of the license to export seed as meant in paragraph (1) letter c shall be done promptly without prior warning. antine officer in no later than the moment of the (4) The revocation of the license to export seed as arrival of seed at the point of export. meant in paragraph (2) or paragraph (3) shall be (2) In no later than 7 (seven) working days as from the export of seed as meant in paragraph (1), the individuals, government institutions, business en tities, legal entities and/or plant observers export ing seeds shall be obliged to report the realization and value (rupiah) of the export of seed to the Director General with a copy made available to the Head of the Center. Part Five Revocation of License Article 38 (1) The license to export seed as meant in Article 35 paragraph (2) shall be revoked if the licensee: a. fails to execute the obligation as meant in Ar ticle 37; b. fails to implement the provision mentioned in the export license; done by the Director General on behalf of the Min ister by using Form IK - 04 as contained in the at tachment as part inseparable from this regulation. Part Six Export from Exhibition Place Article 39 (1) Seeds may be exported from exhibition place if the export has secured export license from the exhibition committee of the exhibition by using Form IK - 05 as contained in the attachment as part inseparable from this regulation. (2) The exhibition committee as meant in paragraph (1) shall be established by a decree of the Minis ter signed by the Director General on behalf of the Minister. (3) The export of seed as meant in paragraph (1) shall meet the requirements as meant in Article c. transfers the license to other party; or 27 paragraph (3), Article 30 paragraph (1) letter b 32 Business News 8335-8336111-28-2012 and quarantine legislation. Article 40 (1) The quantity of seed requested for the export from the exhibition place as meant in Article 39 paragraph (1) shall be maximally 10 (ten) plants, consisting of several kinds and/or varieties, and/ or 5 (five) invitro compartment with the content maximally 25 (twenty five) planlet or slips of plant or young plants per compartment. (2) The planlet as meant in paragraph (1) shall be in the form of stud already having root, result ing from both kernel and cell culture or mem brane culture constitution result of multiplication through organogenesis or embryogenesis ready for acclimatization. (3) The slip of plant as meant in paragraph (1) shall constitute a part of plant used for vegetative re production. (4) The young plant as meant in paragraph (1) shall be in the form of small plant having leaf and root Part Seven Supervision at Point of Export Article 41 (1) Supervision at the point of export for the use of license to export seed of plant shall be done by plant quarantine officer. (2) The licensing supervision as meant in paragraph (1) shall be done in coincidence with plant quar antine action. (3) The licensing examination as meant in paragraph (2) shall aim at ascertaining the completeness, le gistimacy and truth of document content. (4) The legitimacy of the export license as meant in paragraph (3) shall cover: a. conformance to the stipulated form; b. issued by the Director General in the form of decree of the Minister of Agriculture; c. quota has not been fulfilled; and d. validity period of the license has not expired. (5) The truth of the export license as meant in para graph (3) shall cover, among others: a. point of export of seed; and b. the exported kind and variety. (6) If the result of document examination as meant in paragraph (3) proves that: a. the export of seed has not been accompanied by the export license, the seed shall be de tained and the owner or proxy shall be granted opportunity to submit the export license in no later than 14 (fourteen) working days follow ing the receipt of the detention letter; b. the export license is not legitimate and/or un true, the export shall be rejected; c. the export license and other required docu ments are legitimate and true, veterinary ex amination and other plant quarantine measures shall be executed in accordance with the pro vision of quarantine legislation. (7) The export shall be rejected if the required export license has not been fulfilled or is not fulfilled Business News 8335-8336111-28-2012 33 in the maximum period of 14 (fourteen) working days as meant in paragraph (6) letter a. (8) If the quantity of the exported seed is bigger than the quota as meant in paragraph (4) letter c, the excess shall be subject to rejection. (9) If the owner or proxy does not bring promptly seed to come out of the point of export in no later than 14 (fourtee) working days after receiving the letter of rejection as as meant in paragraph (6) let ter b, paragraph (7) and paragraph (8), the seed shall be destroyed. CHAPTER IV TRANSITIONAL PROVISION Article 42 The whole applications for license to import and export seed already submitted before the prom ulgation of this regulation shall continue to be pro cessed in accordance with the provision in Regulation of the Minister of Agriculture Number 38/Permentan/ OT.140/8/2006 jis Regulation of the Minister of Agri culture Number 68/Permentan/OT.140/11/2007 and Regulation of the Minister of Agriculture Number 70/ Permentan/OT.140/11/2007 on the Import and Ex port of Seeds. CHAPTER V CONCLUSION Article 43 Following the promulgation of this regula tion, Regulation of the Minister of Agriculture Num ber 38/Permentan/OT.140/8/2006 jis Regulation of the Minister of Agriculture Number 68/Permentan/ OT.140/11/2007 and Regulation of the Minister of Agriculture Number 70/Permentan/OT.140/11/2007 in so far as the import and export of horticultural seed shall be revoked and declared null and void. Article 44 The regulation shall come into force as from the date of promulgation. For public cognizance, the regulation shall be promulgated by placing it in State Gazette of the Re public of Indonesia. Stipulated in Jakarta On February 6,2012 THE MINISTER OF AGRICULTURE sgd SUSWONO Promulgated in Jakarta On February 13,2012 THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA sgd AMIR SYAMSUDIN STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2012 NUMBER 199 Editor's note: Due to technical reasons, the attachment is not pub lished. 34 ! 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