Regulation of the Minister of Trade of the Republic of Indonesia No. 03/M-DAG/PER/1/2007 on verification or technical examination of export of excavated materials category C other than sand, soil and top soil (including humus)

13A VERIFICATION OR TECHNICAL EXAMINATION OF EXPORT OF EXCAVATED MATERIALS CATEGORY C OTHER THAN SAND, SOIL, AND TOP SOIL (INCLUDING HUMUS) (Regulation of the Minister of Trade of the Republic of Indonesia No. 03/M-DAG/PER/l/2007 dated January 22, 2007) THE MINISTER OF TRADE OF THE REPUBUC OF INDONESIA, Considering: a. that. in the framework of minimizing of environmen tal damage as a result of uncontrollable mining of excavated materials category C as a result of ram pant export of excavated materials category C and to prevent illegal export of excavated materials ca tegory c; b. that, based on the matters as meant in paragraph a, it is necessary to perform verification or technical examination into export of excavated materials cat egory C other than sand, SOil, and top soil (including humus) operated before loading of goods; c. that, based on the considerations as meant in para graphs a and b, it is necessary to stipulate Regula tion of the Minister of Trade; In view of: 1. Bedrijfsreglementerings Ordonantie of 1934 (Statute Bookof 1938 No. 86) asalready amended and supple mented; 2. Law No.8 Prp/1962 on Trade of Goods Under Moni toring (Statute Book of 1962 No. 42, Supplement to Statute Book No. 2409); 3. Law No. 11/1067 on Rules on Mining Affairs (Statute Book of 1967 No. 22. Supplement to Statute Book No. 2831); 4. Law No. 7/1994 on Ratification of Agreement Estab lishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564); BusinessNews 7475/16-2-2007 5. Law No. 10/1995 on Customs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612) as e1lreeldy emended by Law No. 17/2006 (Statute Book of 2006 No. 93, Supplement to Statute Book No. 4661); 6. Law No. 23/1997 on Environmental Treatment (Stat ute Book of 1997 No. 68, Supplement to Statute Book No. 4327); 7. Presidential Decree No. 260/1967 on Confirmation of Duties and Responsibilities ofthe Minister ofTrade in Foreign Trade Affair5; 8. Presidential Regulation No. 33/2002 on Control and Monitoring of Operation of Mining of sea Sand; 9. PresidentialDecree No. 187/M{2004 on Establishment of United Indonesia Cabinet as already amended several times and latest by Presidential Decree No. 171jM/2005; iO.Presldentlal Regulation No. 9/2005 on pOSitrons, Duties, Functions, Organization Structures, and Work Procedures of State Ministries of the Republic of In donesia as already amended by Presidential Regula tion No. 90/2006; 1l.Presidential Regulation No. 10/2005 on Organization Units and Duties of Echelons I of State Ministries of .the Republic of Indonesia as already amended sev eral times and latest by Presidential Regulation No. 66/2006; 12.Decree of theMinister of Industry and Trade No. 558/ MPP/Kep/12/1998 on General Export Arrangements asalready amended several times and latest by Regu lation of the Minister ofTrade No. 01/M-DAG/PER/1/ 2007; 13. Deqee 13.Decree of the Minister of Finance No. 545/KMK.Ol/ 2003 on Stipulation of System of Classification of Import Goods; 14.Regulation of the Minister of Trade of the Republic of Indonesia No. 01/M-DAG/PER/3/2005 on Organi zation and Work Procedure of the Ministry of Trade as already amended by Regulation of the Minister of Trade No. 30/M-DAG/PER/12/2005; 15.Regulation of the Minister of Finance No. 103/PMK.04/ 2005 on Use of Single Administrative Document Cus toms Manifest in Batam, Bintan, and Karimun Islands; 16.Regulation of the Minister of Finance No. 110/ PMK.010/2006 on Stipulation of System of Classifi cation of Goods and Imposition of Import Duty on Import Goods. Observing: Resolutions of Ministerial Plenary Meeting held on January 18, 2007 at the Office of the Coordinating Minister for Politics, Law, and Security regarding Policy for Export of sand, SOil, and Top Soil (Including Hu mus). DECIDES: To stipulate: REGULATION OFTHE MINISTER OFTRADE ON VERIFI CATION OR TECHNICAL EXAMINATION OF EXPORTOF EXCAVATED MATERIALS CATEGORY C OTHER THAN SAND, SOIL, AND TOP SOIL (INCLUDING HUMUS). Article 1 Hereinafter referred to as: 1. Verification or Technical Examination is evaluation and examination conducted by surveyor before load ing of goods. 2. Surveyor is a survey company given authority and stipulated by the Minister of Trade to perform verifi· Business News 7475/16-2-2007 14A cation or technical examination into export of exca vated materials category C other than sand, soil, and top soil (including humus). 3. Minister is the Minister of Trade. 4. Director General of Foreign Trade is Director General of Foreign Trade of the Ministry of Trade. S. Director General of Mineral, Coal, and Geothermal is the Director General of Mineral, Coal, and Geo thermal of the Ministry of Energy and Mineral Re sources. Article Z (1) Export of excavated materials category C other than sand, soil, and top soil (inclUding humus) must first be verified or examined. (2)Types of excavated materials category Cother than sand, soil, and top soil (including humus) subject to verification or technical examination as meant in para graph (2) are as specified In Attachment to this Regu lation. Article 3 (l)Verification or technical examination as meant in Article 2 paragraph (1) is performed before loading of goods by surveyor as stipulated by the Minister. (2)To be stipulated as performer of verification or tech nical examination, the surveyor as meant in para graph (1) must have the follOWing qualifications: a. Having experience as surveyor for at least five (5) years; b. Having branches or a large service network in Indonesia. (3)Verification or technical examination by surveyor as meant in paragraph (1) includes evaluation and in spection into data or information at least regarding: a. Administrative validity of sources of goods; b. Specifications .•... b. Specifications of goods that include Harmonized Schedule (HS) No.; and c. Quantity and types of goodsJ and time of ship ment. (4)Result of verification or technical examination per formed by surveyor as meant in paragraph (1) is written on Surveyor's Report (lS) to be used as complementary customs manifest required for regis tration of Export Manifest (PEB) Or Single Administra tive Document Customs Manifest (PPSAD) for Cus toms and ExciseService Office that already applies it. (S)For performance of verification or technical exami nation into export of excavated materials category C other than sand, soil, and top soil (including humus), the surveyor collects a fee from exporter, which amount is decided based on principles of benefit. (6) Cost expended for performance of verification or tech nical examination into export of excavated materials category C other than sand, soil, and tal? soil (in cluding humus) by the surveyor is payable by ex porter. Article 4 Verification or technical examination as meant in Article 2 paragraph (1) is not applicable to: a. Goods for technology research and development; b. Sample goods; or c. Promotional goods. Article 5 (l)The surveyor uS meant in Article 3 paraqraph (1) must submit report in writing regarding performance of verification or technical examination every month. (2)The report as meant in paragraph (1) is delivered to the Director General of Foreign Trade in thiS case the Director for Export of Industrial and Mining Prod ucts and the Director General of Mineral, Coal, and Geothermal in this case the Director for Development Business News 7475/16-2-2007 15A of Operation of Mining of Mineral and Coal in the first week of the following month. (3)The surveyor must ensure that the goods exported are in accordance with the ones written in the Surveyor's Report (lS) as meant in Article 3 para graph (4). Article 6 Stipulation as performer of verification is revoked if the surveyor: a. does not perform the obligation as meant in Article 5 paragraph (1) two (2) times in a year; and/or; b. Does not perform the obligation as meant in Article 5 paragraph (3). Article 7 (1) Exceptions from the provisions of this Requlation may only be stipulated by the Minister. (2)The Director General-of Foreign Trade may issue tech nical regulations for implementation of this Regula tion. Article 8 This Regulation comes into force since Febru ary 6,2007. For public cognizance, this Regulation is pub lished by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On January 22, 2007 THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA Sgd MARl ELKA PANGESTU LIST OF EXCAVATES MATERIALS CATEGORY C OTHER THAN SAND, SOIL, AND TOP SOIL SUBJECTTO VERIFICATION HS NO .. , .. 16A HS NO. based on HS NO. based on Indonesian Import Indonesian Import DESCRIPTIONOF GOODS Duty Tariff Book Duty Tariff Book of 2004 of 2007 2501.00.21.00 Ex 2501.00.41.00 Rock salt or mineral salt 2501.00.29.00 Ex 2501.00.49.00 Ex 2501.00.90.00 25.04 Natural graphite 25.07.00.00.00 Kaolin and other kaolin day, decalcinated or not 25.10 Natural ph05phate calcium, natural phosphate aluminum calcium, and phosphate chalk 25.13 Pumice stone; amril..; natural corundum, natural garnet, and other acid sandpaper, treated by heat or not 25.15 Marble, travertine, eccaussine, and other chalked rocks for monuments or buildings with specific gravity of 2.5 or more, and alabaster, worked roughly or merely cut or not, sawn or worked in other manners, turned into bars or thick sheets in form of rectangular (including square) 25.16 Granite, porphyry, basal, sand stone, and other stones for making monuments or buildings, worked roughly or merely cut or not, sawn or worked in other manners, turned into bars or thick sheets in form of rectangular (including square) 25.17 Small rocks, gravel, crushed or smashed rocks, normally used for mixes with concrete, for hardening of road or for railway tracks or other ballast, shingle and flint, treated by heat or not; macadam made of cinders, waste or other similar industrial wastes, mixed with the materials of the first part of this Heading or not; tar macadam; grains, pieces and powder, of the rocks of Heading 25.15 or 25.16, treated by heat or not 25.18 Dolomite, decaldnated or not, induding dolomite worked roughly or merely cut, sawn, or worked in other manners, turned into bars or thick sheets in form of rectangular (including square); mixes wit'; dolomite 25.19 Natural carbonate magnesium (magnesite); magnesia smelts; magnesia sinter; con taining a small amount of other oxides added before it is sintered or not; other rnaqne siurn OXides, refined or not 2520.10.00.00 - Gypsum; anhydrite 2.5.21 Limestone flux; limestone and other stones containing chalks, of the types used for making chalk or cement 25.22 Quicklime, karur kembang., hydraulic chalk, other than calcium oxide and hvdroxlde of Heading 28.25 25.24 Asbestos 25.25 Mica, induding its fragments; mic.a waste 25.26 Talc Ex 2526.10.00.00 - Non smashed parts, non-powder 2526.20 - Smashed parts or powder: 2526.20.10.00 -- Talc powder Ex 2526.20.90.00 -- Others 25.29 Ferspar; reucite; nepheline; and nepheline syenite; fluorspar 2530.10.00.00 - Vermiculite, perlit and chlorite, unexpanded Ex 2530.90.90.00 Ex 2530.90.00.00 Andesite Ex 2530.90.90.00 Ex 2530.90.00.00 Calcite Ex 2530.90.90.00 Ex 2530.90.00.00 Ocher Ex 2530.90.90.00 Ex 2530.90.00.00 Obsidian Ex 2530.90.90.00 Ex 2530.90.00.00 Trachyte Ex 2530.90.90.00 Ex 2530.90.00.00 Trass Ex 2530.90.90.00 Ex 2530.90.00.00 Jarosite 2833.30.00.00 Alum 28.34 Nitrite; nitrate 68.03 Slate worked and articles made of slate or agglomerated slate THE MINISTER OFTRADE OFTHE REPUBUC OFINDONESIA Sgd MARl ELKA PANGESTU ====( E )::::=== Business News 7475/16-2-2007