Regulation of the Minister of Marine and Fishery of RI No. PER.11/MEN/2010 concerning procedure and requirements for permit for processing and analysis of data and samples of fishery overseas

Procedure And Requirement For Permit For Processing/ And Analyzing Samples Of Fishery Overseas (Regulation of the Minister of Marine and Fishery of RI Number PER.11/MEN/ 2010, Dated May 11, 2019) MINISTER OF MARINE AND FISHERY OF THE REPUBLIC OF INDONESIA, 5. Government Regulation Number 41 Year 2006 concerning Permit to conduct Research and Devel oprnent for Foreigh High Educational Institution, Considering: Foreign Research and Development Institution, a. that to implement the provision in Article 36 para- Foreign 8usiness Entity, and Foreigners; graph (6) of Government Regulation Number 30 6. Government Requlation Number 30 Year 2008 Year 2008 concerning Research and Development (BN No. 7703 pgs. 1B-ll Bf concerning lmplemen Fishery, it is necessary to govern Procedure and tation of Beseach and Development of Fishery; Requirements for Permit for Processing and Anya- 7. Decision of the Minister of Marine and Fishery Iyzing Fishery Samples Overseas; Number KEP.24/MEN/2002 concerning Procedure b. that therefore it is necessary to stipulate Regula- and Technical Compilation of statutory regulation tion of the Minister; within the Department of Marine and Fishery. In view of: DEC IDE S: 1. Law Number 5 Year 1994 concerning Ratification To stipulate: of United Nations Convention on Biological Diver- REGULATION OF THE MINISTER OF MARINE AND sity (Konferensi Perserika ,tan 8angsa-8angsa FISHERY CONCERNING PROCEDURE AND REQUlRE mengenai Keanekaragaman Hayati); MENTS FOR PERMIT FOR PROCESSING AND ANAL 2. Law Number 24 Year 2000 (BN No. 6546 pgs. YSIS OF DATA AND SAMPLES ON FISHERY OVER 38-78) concerning International Agreement; SEAS. 3. Law Number 18 Year 2002 (BN No. 6818 pgs. 18-10B) concerning National Research, Develop ment and Application System and Application of Science and Technology. 4. Law Number 31 Year 2004 (8N No. 7144 pgs. 7B-128 and so forth) concerning Fishery as re ferred to in Law Number 45 Year 2009 (8N No. 7890 pgs. 28-16B); CHAPTER I GENERAL PROVISION Article 1 1. Research and development of fishery hereinafter referred to as Research and Development on Fish ery shall be activities covering research and de velopment to support development on fishery. .Business News 81078108/5<20-201' 25 ,'" d '!' , ' GOVERNMENT REGULATIONS "I "~'I y, r" \1 3. Sample shall be part of a group of object of re search and development on fishery that indicates the nature of such group. 4. Sample delivery agreement (Substance Transfer Agreement/MTA) shall be written agreement be tweEtn the Indonesian research and development operator and the foreign research and develop ment operator concerning delivery of data and sample in the context of cooperation with the Re search and Development on Fishery. 5. Protocol of research and development on fishery hereinafter referred to as Protocol of Research and Development on Fishery, shall be document containing all measures to take activities on Re search and Development on Fishery. 6. Minister shall be Minister of Marine and Fishery. 7. Head of Agency shall be Head of Agency respon sible in research and development at the Ministry of Marine and Fisnerv. CHAPTER II PERMIT FOR RESEARCH AND DEVELOPMENT Part One Authority for Granting Permit Article 2 (1) Operator of Research and Development intending to deliver data and sample of fishery to be pro cessed and analyzed overseas shall be obliged to obtain permit from the Minister. (2)The Minister shall grant authority to the Head of Agency to issue permit for processing data and sample on fishery to be processed and analyzed overseas. Part Two Research and Development Operator Article 3 (1) Operator of Research and Development on Fish ery shall cover: a. individual; b. high educational institution; c. community self-support institution; d. government-owned research and development institution; and/or e. private-owned research and development insti tutlon, (2) Government-owned research and development in stitution referred to in paragraph (1) letter d con sists of: a. ministry fishery research and development in stitution; b. ministry research and development institu tion; c. non-ministry research and development insti tution; d. regional government-owned research and de velopment institution; e. State-owned research and development busi ness entity; and f. regional-owned research and development business entity. Part Three Process and Requirements Article 4 (1)Any Operator of Research and Development on Fishery intending to process and analyze data and 26 r.r ' , , GOVERNNENT REGULATIONS sample on fishery overseas shall be obliged to submit application for written permit to the Head of AgencY. (2) Submission of written appllcatlon for permit to the Head of Agency referred to in paragraph (1) must be supported by the following requirements a. statement letter as to the purpose of delivery of data and sample on fishery (including type of processing and analysis of data and sam ple); b. list of curriculum vitae of the person in charge of the Research and Development Institution on Fishery; c. Protocol of Research and Development on Fishery; d. phoptocopv of Resident Identity Card for indi vidual operator of research and development; e. photocopy of Deed of Establishment of legal entity for private-owned research and devel opment institution or community self-support institution that has been ratified by the compe tent authority; f. identity of Indonesian researc her involved in the processing and analyzing of data and sam ple on fishery overseas; g. sample deliverv agreement (Material Transfer AgreementlMTA) between the Operator of Re search and Development on Fishery; h. statement letter of willingness to submit report on the result of proces!':ed Find Flnaly;>ed data and sample On fishery overseas to the Head of Entity; i. guarantee letter from the recipient overseas to involve the Indonesian researches, either receiving and/or facilitating the Indonesian re searchers as needed; j. period of processing and analyzing data and sample; k. type of sample; and I. total number of sample and delivery. Article 5 Sample delivery agreement (Material Transfer Agreementl MTA) referred to in Article 4 paragraph (2) letter g shall at least contain: a. identity of the delivering party and the receiving party; b. purpose and objective of the sample delivery agreement; c. specification. total number. point of origin, type of processing and analysis of sample, and method to be conducted; d. procedure for transfer of fishery sample to be de livered overseas including procedure for delivery and procedure for handling the remaining sam ples; e. rights and obligations of the delivering party and the receiving party; f. term of agreement; g. output of the analysis; h. finance; and i. dispute settlement. Article 6 (1) Based on the application referred to in Article 4 paragraph (1) I the Head of Agency shall examine 27 " , GOVERNMENT REGULATIONS' ';',' ,'''' "" ' , " a compliance with the requirements for examina tion of technical feasibility. (2) The examination of compliance with the require ments referred to in paragraph (1) shall be con ducted within five (5) working days effective as of the date the application is received. (3) Failure to comply with the requirements, the Head of Agency shall notify the applicant to complete his application within ten (10) working days as of receipt of the notification. (4) If the requirements are fully complied with, the Head of Agency shall examine the technical fea sibility within 15 (fifteen) working days at the lat est. (5) Examination of the technical feasibility referred to in paragraph (1) and paragraph (4t shall be con ducted by evaluation, examination, assessment, and evaluation of the requirements for process ing and analyzing the data and sample on fishery overseas as referred to in Article 4 paragraph (2). (6) The result of technical feasibility referred to in paragraph (5) shall be in the form of granting per mit for processing and analyzing data and sample on fishery overseas or rejection supported by rea son thereof. (7) The Head of Agency in conducting examination on compliance with the requirements and exami nation of technical feasibility referred to in para graph (1) may establish technical team for permit for Research and Development on Fi!';hery Article 7 The nature and format of permit for process ing and analyzing data and sample on fishery over seas shall be as specified in Attachment to this Regu lation of the Minister. CHAPTER III V ALlDITY PERIOD Article 8 The validity period of permit for processing and analyzing data and sample on fishery overseas shaH be two (2) months as of the date it is 'Issued. Article 9 Permit for processing and analyzing data and sample on fishery overseas is hereby declared void due to the reasons below: a. expiry of the validity of permit for processing and analyzing data and sample on fishery overseas; b. is returned by the holder of permit for processing and analyzing data and sample on fishery over seas; c. is revoked by the grantor of permit due to viola tion of the provisions in the statutory regulation; or d. death of the holder of permit for processing and analyzing data and sample on fishery overseas to individual research and development operater. CHAPTER IV SUPERVISION AND CONTROL Article 10 Supervision and control on delivery activities of data and sample overseas for process and analy sis shall be conducted by the supervisor of fishery 28 !JUSlness News BJ07-IJI08!5-ZtJ-ZCi"ll GOVERNMENT REGULATIONS in accordance with the provisions in the statutory regulation. CHAPTERV PENALTY Article 11 (1) Any Research and Development Operator of Fish ery delivering data and sample of fishery for pro cess and analysis overseas without obtaining per mit from the Head of Agency is subject to penalty in the form of fine and the ownership of data and sample shall be taken over by the State. (2) The penalty in the form of fine referred to in para graph (1) shall be charged maximum 10 times of the cost for Research and Development on Fish ery issued and constituting State Non-Tax Income (PNBP) deposited to the State Treasury. CHAPTER VI OTHER PROVISIONS Article 12 Any Fishery Research and Development Op erator submitting application for permit for processing and analyzing data and sample on fishery overseas shall be free of charge. Article 13 Provision requited for granting permit for pro cassinq and analyzing data and sample on fishery overseas shall be further governed by the Head of Agency. CHAPTER VII CLOSING PROVISION Article 14 This Regulation of the Minister takes effect on the date it is stipulated. Stipulated in Jakarta On May 11, 2010 MINISTER OF MARINE AND FISHERY OF R.I., sgd. FADEL MUHAMMAD (MA) Business N~wr 8107,2108! 5 -20-2011 29