Regulation of the Minister of Trade of RI No. 58/M-DAG/PER/9/2012 on provisions on salt import

PROVISION ON SALT IMPORT (Regulation of the Minister of Trade of RI Number 581M-DAG/PER/9/2012, dated September 4, 2012) WITH THE BLESSING OF THE ONE AND ONLY GOD In view of: THE MINISTER OF TRADE OF THE REPUBLIC OF 1. Bedrijfsreglementerings Ordonnantie 1934 (Sta INDONESIA, atsblad Year 1938 Number 86); Considering: a. salt is strategic commody as food stuff and as industrial basic material, so the activities on pro 2. Law Number 5 Year 1984 (BN No. 4079 Pgs. 5B 13B) concerning Industry (Statute Book Republic of Indonesia Year 1984 Number 22, Supplement to duction, provision, procurement and distribution Statute Book Republic of Indonesia Number 3274); of salt is very important in support of public health by means of consumption program, improvement 3. Law Number 7 Year 1994 (BN No. 5696 Pgs. of revenue and welfare of salt farmers or in fulfill- 1B-5B) concerning Approval on Agreement on ing the need of domestic industry; Establishing The World Trade Organization (Per setujuan Pembentukan Organisasi Perdagangan b. production of domestic salt, either in quality or Dunia), (Statute Book Republic of Indonesia Year volume, up to present still fails to fulfill the local 1994 Number 57, Supplement to Statute Book need for salt, particularly salt as industrial basic Republic of Indonesia Number 3564); material, so that imported is still needed; c. to support effective implementation of the policy on import of salt and to adjust with the stipulated system on new goods, it is necessary to re-gov ern provision on salt import; d. based on the consideration referred to in letter a, letter b, and letter c, it is necessary to stipulate Regulation of the Minister of Trade; 4. Law Number 10 Year 1995 (BN No. 5806 Pgs. 5B-19B) concerning Customs matter (Statute Book Republic of Indonesia Year 1995 Number 75, Supplement to Statute Book Republic of In donesia Number 3612) as amended by Law Num ber 17 Year 2006 (BN No. 7446 Pgs. 17B-24B) (Statute Book Republic of Indonesia Year 2006 Number 93, Supplement to Statute Book Repub lic of Indonesia Number 4661); L Business News 8375-837613-6 2013 19 5. Law Number 7 Year 1996 (BN No. 5934 Pgs 20B-25B) concerning Food (Statute Book Repub lic of Indonesia Year 1996 Number 99, Supple ment to Statute Book Republic of Indonesia Num ber 3656); 6. Law Number 5 Year 1999 (BN No. 6284 Pgs 11B-16B) concerning Prohibition from Monopoly Practice and Unhealthy Business Competition (Statute Book Republic of Indonesia Year 1999 , Number 33, Supplement to Statute Book Republic of Indonesia Number 3817); (Statute Book of the Republic of Indonesia Year 2009 Number 144, Supplement to Statute Book Republic of Indonesia Number 5063); 10. Government Regulation Number 69 Year 1999 (BN No. 6373 Pgs. 1B-9B) concerning Lable and Advertisement of Food (Statute Book Republic of Indonesia Year 1999 Number 131, Supplement to Statute Book Republic of Indonesia Number 3867); 11. Government Regulation Number 58 Year 2001 (BN No. 6660 Pgs. 7B-9B) concering Management 7. Law Number 8 Year 1999 (BN No 6311 Pgs. 5B- and Supervision on Implementation of Consumer 11B) concerning Consumer Protection (Statute Protection (Statute Book Republic of Indonesia Book Republic of Indonesia Year 1999 Number Year 2001 Number 103, Supplement to Statute 42, Supplement to Statute Book Republic of Indo- Book Republic of Indonesia Number 4126); nesia Number 3821); 12. Government Regulation Number 38 Year 2007 i 8. Law Number 32 Year 2004 (BN No. 7152 Pgs. (BN No. 7576 Pgs. 1B-6B) concerning Distribu 98-188) concerning Regional Administration tion of Administration Affairs btween the Govern (Statute Book Republic of Indonesia Year 2004 ment, Regional Administration of Province and Number 125, Supplement to Statute Book Repub- Regional Administration of Regency/Municipality lic of Indonesia Number 4437) as amended sev- (Statute Book Republic of Indonesia Year 2007 eral times and lately amended by Law Number 12 Number 82, Supplement to Statute Book Republic Year 2008 (BN No. 7661 Pgs. 13B-18B) (Statute of Indonesia Number 4737); Book Republic of Indonesia Year 2008 Number 59, Supplement to Statute Book Republic of lndo- 13. Presidential Decree Number 260 Year 1967 con nesia Number 4844); cerning onfirmation of Duty and Responsibility of the Ministnr nf Trarin nn Clunrspas Trsrin• 9. Law Number 36 Year 2009 concerning Health 20 Business News 8375 8376, 3-6-2013 14. Presidential Decree Number 69 Year 1994 con cerning Procurement of Salt containing Jodiurn; 15. Presidential Decree Number 84/P Year 2009 con cerning Establishment of Indonesia Bersatu Cabi net II as amended by Presidential Decree Number 59/P Year 2011; , 16. Presidential Regulation Number 47 Year 2009 concerning Establishment and Organization of the State Ministry as amended several times and lately amended by Presidential Regulation Number 91 Year 2011; 20. Regulation of the Minister of Trade Number 54/M DAG/PER/9/2009 concerning General Provision on Import; 21. Regulation of the Minister of Trade Number 31/M DAG/PER/7/2010 concerning Organization and Work Procedure of the Ministry of Trade; 22. Regulation of the Minister of Trade Number 27/M DAG/PER/5/2012 concerning Provision on Identi fication Number of Importer API); DECIDES: 17. Presidential Regulation Number 24 Year 2010 concerning Capacity, Duty and Function of the State Ministry and Organizational Structure, Duty , and Function of Echelon of the State Ministry as amended several times and lately amended by Presidential Regulation Number 92 Year 2011; To stipulate: REGULATION OF THE MINISTER OF TRADE ON PRO VISIDN ON SALT IMPDRT. Article 1 What is meant in this Regulation of the Minis ter by: 18. Decision of the Minister of Industry Number 1. Salt shall be chemical compound which main 77/M/SK/5/1995 concerning Technical Require- , component contains natrium chloride (NaCI) and ment for Processing, Packing and Labeling Salt containing water compound, magnesium, cal with Jodium; 19. Regulation of the Minister of Trade Number 28/M DAG/PER/6/2009 concerning Provision on Export and Import Permits Service by Electronic System through INATRADE in the context of Indonesia National Single Window; cium, sulphate and iodium, anti-caking or free flowing or not, that is included in POS Tarif /HS: a. 2501.00.10.00: - table salt b. 2501.00.20.00 : - rock salt c. 2501.00.50.00 : - sea water others: Business News 8375-8376.13-6-2M3 21 GOVERNMENT REGULATIONS >, d. 2501.00.90.10 : - containing natrium 1 7 chloride of at least 94,7% ! calculation and dry based e. 2501.00.90.90: - Others. 2. K1 and K2 shall be classification of type of farm er's salt for determination of salt sales price by the farmers. Industrial Salt Producer Importer hereinafter re ferred to as IP Industrial Salt shall be user of salt other than Salt for Consumption belonging to the holder of Producer Importer Identification Number (API-P) that has been approved to import Indus trial Salt, constituting basic material or supporting material needed for its production process but not for sale and purchase or for transfer. 3. Salt for Consumption shall be salt used for con sumption with NaCI content of at least 94,7% calculation and dry based with post trariff/HS ex. 250 1.00.90.10. 4. Industrial Salt shall be salt used as basic material or supporting material for inustrial need with NaCI content of at least 97% calculation and dry based with post tariff/HS ex. 2501.00.90. 10. 5. Salt Producer shall be individual or group of pro ducers producing salt production business. 6. Producing Importer of Salt for Consumption, here inafter referred to as IP Salt for Consumption shall be industry holding Producer Importer Identifica tion Number (API-P) that has been approved to import Salt for Consumption as basic material needed for its production process and not for sale and purchase or transfer. 8. Salt Registered Importer hereinafter referred to as IT Salt shall be State-owned Business Entity IBUMNI that runs business in salt sector that has been approved to import Industrial Salt to fulfill in dustrial need not importing Industrial Salt by itself. 9. Import Permit for Industrial Salt hereinafter re ferred to as PI Industrial Salt shall be Import Per mit for Industrial Salt. 10. Community of Salt Top Harvest Period shall be harvesting period where the entire or the majority part of the salt producers at the main salt produc tion center harvesting during dry season or during harvesting season or during utmost top harvest ing season. Recommendation shall be letter issued by the of ficial of agency or relevant unit authorized to give technical explanation but not import permit or ap proval. 22 Business News 8375-8376'3-6-2013 12. Collecting Point (collecting point) shall be place ' importing Salt for Consumption within one (1) for piling up salt on the road side that is acces year period prior to the Community's Salt Top sible to truck or the kind. Harvesting Period, during the Community's Salt Top Harvesting Period, and within two (2) months 13. Coordinating Meeting shall be meeting inter-agen- after the Community's Salt Top Harvesting Period cies held by the Ministry of Economic Coordina- with due consideration of the stock condition of tor. the salt producers. 14. Minister shall be minister exercising administra- , (2) The Community's Salt Top Harvesting Period re tion affairs on trade. 15. Director General shall be Director General of Over seas Trade of the Ministry of Trade. Article 2 (1) Importable Salt shall be Salt for Consumption and Industrial Salt only. (2) Salt for Consumption referred to in paragraph (1) may be imported only by company that has obtained recognition as IP Salt for Consumption from the Director General. (3) Salt for Industry referred to paragraph (1) may be imported only by company that has obtained rec ognition as IP Salt for Industry or determination as IT Salt from the Director General. Article 3 (1) IP Salt for Consumption shall be prohibited from ferred to in paragraph (1) shall be determined by the Minister of Industry with due consideration of the result of anticipated atmosphere from the Me teorology, Climatology and Geophysic or (BMKG) and the result of agreement in coordinating meet ing between the Ministry and the relevant asso ciation. (3) The decision on the term of prohibition from im porting Salt for Consumption referred to in para graph (1) may be extended or curtailed according to production achievement at the Community's Salt Top Harvesting Period, so that supply of Salt for Consumption survives in fulfilling the need of the nation. (4) The extension or curtail of the term of prohibition from importing Salt for Consumption referred to in paragraph (3) shall be determined by the MM ister with due consideration of opinion of the rel evant Ministry. Business News 8375-8376/3-6-2013 23 GOVERNMENT REGULATIONS Article 4 on acquisition of salt and the salt producers issued (1) Import of Salt for Consumption for industrial need for salt for consumption is prohibited if the aver age price of salt in bulk form on truck at the col lecting points is below the K1 and K2 price. (2) Price of K1 and K2 salt referred to in paragraph (1) shall be determined by the Director General of based on agreement of the agency and the rel evant association. Article 5 (1) The decision on allocated volume of imported na tional Salt for Consumption each year shall be made and agreed upon at Coordinating Meeting within the ministers level with due consideration of production and the local need for salf for consumption. (2) Industrial Salt for filfillment of industrial need which technically may not be produced yet locally is exempted and in compliance with the provision referred to in paragraph (1). (3) The decision on allocated volume of imported Salt for Consumption nationwide referred to in para graph (1) shall be allocated to IP Salt for Con by the IP Salt for Consumption and approved by the Department of RegencyMunicipality in charge of salt producers affairs, salt producers associa tion and business group of community's salt busi ness stating the volume of sale purchased and the purchase price within the farmers is at least equivalent with the price of K1 K2 salt. Article 6 (1) A company that may be recognized as IP Salt for Consumption shall be: a. a company which salt acquisition is at least 50% (fifty percent) of the salt producer and originating from the total number of salt pro ducers and total capacity of the company pro duction; and b. a company that cooperates with the local salt producers. (2) The salt acquisition and salt producer referred to in paragraph (1) letter a will be proven by state ment letter of salt acquisition and salt producers and approved by the Department of Regency/Mu nicipality in charge of salt matter. sumption proportionately based on the purchase (3) The cooperation with the salt producers referred volume of locally produced salt. to in paragraph (1) letter b must be proven by photocoy of joint operation agreement signed and (4) Purchase of locally produced salt referred to in approved by the Department of Regency/Munici paragraph (3) shall be proven by statement letter pality in charge of salt matter. 24 Business News 8375-8376/3-6-2013 , GOVERNMENT REGULATIONS „ Article 7 (4) The recognition as IP for Salt for Consumption (11 To obtain recognition as IP Salt for Industry re- and IP for Industrial Salt referred to in paragraph ferred to in Article 2, the company shall be obliged (21 must at least mention the validity of recogni to submit witten application to the Director Gen- , tion as IP for Salt for Consumption, the volume, oral by attaching: the type of salt, and the port of destination. a. photocopy of Industrial Business License / Industrial Registration Identification or other (5) The recognition as IP for Salt for Consumption equivalent business license issued by the au- and IP for Industrial Salt referred to in paragraph thorized agency; (21 is valid for one (1) year at the longest but it is b. photocopy of Obligatory Taxpayer's Identifi- renewable. • cation Number (NPWP); c. photocopy of Producer Importer Identification Article 8 Number (API-P1; • (1) The port of destination referred to in Article 7 d. plan for the need for salt as basic stuff or sup- paragraph (4) must be the nearest port to the lo porting stuff for one VI Year and cation of the factory owned by the IP for Salt for e. recommendation from the Director General of Consumption and IP for Industrial Salt. Industrial Manufacturing Basis of the State Ministry of Industry. (21 At the written application referred to in paragraph ' (1), the Director General shall issue recognition as IP for Salt for Consumption and IP for Industrial Salt with five (5) working days at the latest at re ceipt of the complete and appropriate application is received. (31 Failure to submit complete and appropriate writ (2) The locaton of factory referred to in paragraph (1) must justify with the location specified in the Industrial Business License or other Business Li cense equivalent thereto from the Technical Min istry / Non-Ministry Governmental Institution in charge of such business. Article 9 (1) Each import of Industrial Salt by IT on Salt must first obtain PI for Industrial Salt from the Director ten application referred to in paragraph (1), the General. Director General shall notify rejection to the ap plication within five (5) working days at the latest (2) To obtain P1 for Industrial Salt refered to in para as of receipt of the application. graph (U, the company that has obtained deci sion Business News 8375-8376/3-6-20/3 2 , GOVERNME. as IT for Salt must submit written application to the Director General supported by: a. photocpy of decision as IT for Salt; b. plan for importing Industrial Salt and its distri bution; and c. recommendation from the Director General of Industrial Manufacturing Basis of the Ministry of Industry. (3) Based on the written application referred to in paragraph (2), the Director General shall issue PI for Industrial Salt within five (5) working days at the latest as of receipt of the complete and cor rect application. (4) If the written application referred to in paragraph (2) is incomplete and erroneous, the Director Gen eral shall notify rejection to the application within five (5) working days as receipt of the applica on the implementation of import of Salt for Con sumption to the Director General, in this matter the Director of Import of the Ministry of Trade at least once a month by the 15th of the following month with copy to the Director General of Basic Manufacturing Industry in this matter, the Direc tor of Basic Chemical Industry of the Ministry of Industry. (2) Any company that obtained recognition as IF' for Industrial Salt and company that obtained recog nition as IT fpr Salt that obtained PI for Industrial Salt is obliged to submit report on the implemen tation of import Industrial Salt to Director Gen eral in this matter the Director of Import of the Ministry of Trade once every three (3) months by the 15th of the month of following first quarter with copy to Director General of Basic Industrial Manufacturing in this matter the Director of Basic tion. Chemical Industry of the Ministry of Industry. (5) The PI for Industrial Salt referred to in paragraph (3) shall at least state the validity period of the PI for Industrial Salt, the names of companies coop erating with the IT for Salt and the volume of salt for each company, the type of salt, the country of loading and the port of destination. Article 10 (3) The report referred to in paragraph (1) and para graph (2) must be submitted through http://ina trade.kemendag.qo.id supported by photocopy of Control Card for Import Realization that has been initialed and sealed by the Customs and Excise officers. Article 11 (1) Any company that obtained recognition as IP for I (1) IF' for Salt for Consumption and IP for Industri Salt for Consumption is obliged to submit report I al Salt are prohbited from selling and buying or 26 Business News 8375-8376/3 - 6 - 2013 transfer the Salt for Consumption or Industrial } Salt they imported. (2) IT for Salt is prohibited from selling and buying or transfer Industrial Salt it has imported to IP for Salt for Consuption and IP for Industrial Salt Article 12 (1) Import of salt by IP for San for Consumption and Article 13 (1) Verification or technical examination referred to in Article 12 paragraph (1) shall be conduced on salt import, covering the data or information on: a. the country and port of loading; b. the Post Tarif or HS Number and desctiption; c. the type and volume; d. the date of shipment; and e. the port of destination. IT for Salt are obliged to first verify or conduct technical examination in the country of loading of ; (2) The result of verification or technical examination the goods. referred to in paragraph (1) must be drawn up in the form of Surveyor Report (LS) for use as sup (2) The verification or technical examination referred porting document for customs in procesing cus to in paragraph (1) shall be conducted by the Sur- ' toms on import. veyor appointed by the Minister. (3) In order to be appointed as verificator or techni- (3) Based on the implementation of verification or cal examiner of imported salt, the Surveyor must technical examination referred to in paragraph (1), comply with the requirements below: the Surveyor collects service compensation and a. must hold Business License on Survy Service the IP for Salt for Consumption, IP for Industrial (SIUJS); Salt, and IT for Salt the amount of which shall be b. must have experience as surveyor at least determined with due consideration of beneficial five (5) years; principle. • c. must have branch office or representative of- • fice and/or affiliate overseas and has network Article 14 to support effective service on verification or Activities on verification or technical exami technical examination; and : nation on salt import by the Surveyor referred to in Article 13 shall not curtail the authority of the Direc d. has track record (track records) on management torate General of Cutoms and Excise of the Ministry of verification or technical examination on import. of Finance to conduct customs examination. Business News 3375-8376/3-6-2013 2 GOVERNMENT REGULATIONS Article 15 Importing Salt by violating the provisions in this Regulation of the Minister is subject to penalty according to the provisions in the statutory regula tion. Article 16 (1) Recognition as IP for Salt for Consumption and IP for Industrial Salt and determination as IT for Salt may be frozen if the company concerned: a. fails to comply with the obligation to submit the report referred to in Article 10 more than twice; and/or b. is under investigation process for alleged criminal act relating to misuse of recognition as IP for Salt for Consumption and IP for In dustrial Salt and determination as IT for Salt (2) The freezing of recognition as IP for Salt for Con sumption and IP for Industrial Salt and determina tion as IT for Salt may be re-activated as soon as the company concerned: a. has complied with the obligation referred to in Article 10; and/or b. is not proven to have committed criminal act relating to misuse of recognition as IP for Salt tion and IP for Industrial Salt and determination as IT for Salt referred to in paragraph (1) and re-acti vation of recognition as IP for Salt for Consump tion and IP for Industrial Salt and determination as IT for Salt referred to in paragraph (2) shall be exercised by the Director General. Article 17 (1) The recognition as IP for Salt for Consumption and IP for Industrial Salt and determination as IT for Salt shall revoke if the company concerned: a. fails to comply with its obligation to submit the report referred to in Article 10 more than two times; b. fails to amend and/or add and/or replace the contents specified in the document of recog nition as IP for Salt for Consumption and IP for Salt for Industry and determination as IT for Salt; c. violates the provision referred to in Article 11; and/or d. is declared at guilty by the court for criminal act relating to misuse of the recognition as IP for Salt for Consumption and IP for Industrial Salt and determination as IT for Salt. for Consumption and IP for Industrial Salt and (2) Revocation of recognition as IP for Salt for Con determination as IT for Salt. sumption and IP for Industrial Salt and determina tion as IT for Salt referred to in paragraph (1) shall (3) Freezing recognition as IP for Salt for Consump- be exercised by the Director General. 28 I Business News 8375-8376/3-6-2013 Article 18 Provisions in this Regulation of the Minister do not apply to import of salt constituting: a. salt for use for technological research and devel opment; Article 21 By the time this Regulation of the Minister comes to force, Regulation of the Minister of Trade Number 20/M-DAG/PER/9/2005 concerning Provision b. salt as sample that is not for trade aad/or on Import of Salt as amended by Minister of Trade c. salt of passenger's personal belonging or crew of Number 441M-DAG/PER/10/2007 shall revoked and transporting facilities or border crossers, particu- ; declared null and void, larly for salt for consumption in maximum volume 500 grams. Article 22 This Regulation of the Minister comes to force Article 19 on the date it is enacted. Provision on implementation and technical matters not governed yet in this Regulation of the For public cognizance, this Regulation of the Minister shall be determined by the Director General. Minister of shall be announce by placing it in the State Gazette of the Republic of Indonesia. Article 20 IP for Salt Iodization, IP for Non-Iodized Salt, • IT for Sale, and PI for Indutrial Sit issued based on Regulation of the Minister of Trade Number 201M DAG/PER/9/2005 concerning Provision on Salt Import ; as mended by Regulation of the Minister of Trade • Number 44/M-DAG/PER/10/2007 shall be declared survives until expiry of its validity. Business News 8375,5376/ 3 6 2013 Stipulated in Jakarta Dated September 4, 2012 MINISTER OF TRADE OF RI., sgd. GITA IRAWAN WIRJAWAN (MA) 29