Regulation of the Maritime and Fisheries Minister No. PER.17/MEN/2010 on quality control and security of fishery products imported to the territory of the Republic of Indonesia

GOVERNMtN1 RE{;iULAl IONS QUALITY CONTROL AND SECURITY OF FISI'-IERY PRODUCTS IMPORTED TO THE TERRITORV OF THE REPUBLIC OF INDONESIA (Regulation of the Maritime and Fisheries Minister No. PER.17/MENI 2010 dated August 31, 2010) BY THE GRACE OF ALMIGHTY GOD THE MARITIME AND FISHERIES MINISTER OF THE REPUBLIC OF INDONESIA, Considering : o , that to ensure the security of food to be eon sumed by human beings, both raw materials for processing and processed output to be dlstribut ed to the domestic market, so as not to endanger with international rules, it is deemed necessary to control, pacify, and trace fishery products to be imported to the territory pf the Republic of Indonesia; b. that the import of fishery products has a chance of becoming the media of carrying and spreading dangerous fish pest and disease to and in the ter ritory of the Republic of Indonesia and a chance of endangering the survival of fishery resources, I consumers, as well as to harmonize regulations L ~~ environment and human beings; 26 Business News 812817·8·1011 GOVERNMENT REGULATIOi'lS c. that based on the considerations in If'ttf'rs <l and b. it is necessary to stipulate Regulation of the Maritime and Fisheries Minister on Quality Con trol and Security of Fishery Products Imported to the Territory of the Republic of Indonesia; In view of ; 1. Law No. 3/1982 on Compulsory Registration of Companies (Statute Book of 1982 No.7, Sup plement to Statute Book No. 3214); 2. Law No. 16/1992 on Animal, Fish and Plant Ouarantine (Statute Book of 1992 No. 56, Sup plement to Statute Book No. 34821; 3. Law No. 23/1992 on Health (Statute Book of 1992 No.1 00, Supplement to Statute Book No. 3495); 4. Law No. 7/1994 on the Ratification of Agree ment Establishing The World Trade Organization (WTO) (Statute Book of 1994 No. 57, Supple ment to Statute Book No. 3564); 5. Law No. 7/1996 on Food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656); 6. Law No. 8/1999 on Consumer Protection (Stat ute Book of 1999 No. 42, Supplement to Statute Book No. 382-1); 7. Law No. 31/2004 on Fisheries (Statute Book of 2004 No. 118, Supplement to Statute Book No. 4433) as already amended by Law No. 45/2009 (Statute Book of 2009 No. 154, Supplement to Statute Book No. 5073); 8. Law No. 17/2006 on Customs Affai rs (Statute Rook of 2006 No. 93. Supplement to Statute Book No. 4661); 9. Government Regulation No. 69/1999 on Food Label and Advertisement (Statute Book of 1999 No. 131, Supplement to Statute Book of 2004 No. 3867); 10. Government Regulation No. 102/2000 on Na tional Standardization (Statute Book of 2000 No. 199, Supplement to Statute Book No. 4020); 11. Government Regulation No. 15/2002 on Fish Quarantine (Statute Book of 2002 No. 36, Sup plement to Statute Book No. 4197); 12. Government Regulation No. 28/2004 on Food Security. Quality and Nutrition (Statute Book of 2004 No.1 07, Supplement to Statute Book No. 4424); 13. Presidential Decree No. 84/P/2009 as already amended by Presidential Decree No. 561P/2010; 14. Presidential Regulation NO.1 0/2008 on the Use of Electronic System within the Framework of Indonesian National Sinqle Window (NSW): 15. Presidential Regulation No. 47/2009 on the For mati on and Organization of State Ministries; 16. Presidential Regulation No. 24/2010 on the Posi tion, tasks and r-unctions of State Mmistrie s and the Organizational Structure, Tasks and Func tions of First Echelon Officials of State Minis tries; 17. Regulation of the Maritime and Fisheries Minister No. PER.21/MEN/2006 on Fish Quarantine Ac tion in Case of Transit; Bus;ness Nf>wS 8128/7·8-2011 27 GOVERNMENT REGULATIONS 18. Regulation of the Maritime and Fisheries Minister No. PER.20/MEN/2007 on Fish Quarantine Ac tion for the Import of Media Carrying Quarantine Fish Pest and Disease from Abroad and from One Area to Another within the Territory of the Re public of Indonesia; 19. Regulation of the Maritime and Fisheries Minister No. PER.26/MEN/ 2008 on the Authority to Is sue and the Format of Fish Health Certificates in the Quarantine Field and Health Certificates in the Fishery Product Quality and Security Field; 20. Regulation of the Maritime and Fisheries Minister No. PER.28/MEN/2008 on the Type, Procedure of I~suing and the Format of Fish Ouererrtinc Ac tion Documents; 21. Regulation of the Maritime and t-ishenes MInister No. PER.1 5/MEN/20 10 on the Organization and Work Mechanism of the Maritime and Fisheries Ministry; 22. Decree of the Maritime and Fisheries Minister No. KEP.24/MEN/ 2002 on the Procedure and Technique of Making Regulations at the Maritime and Fisheries Ministry; 23. Decree of the Maritime and Fisheries Minister No. 08/MEN/2004 on the Procedure of Import ing Fish of New Variety into the Territory of the Republic of Indonesia; 24. Decree of the Maritime and Fisheries Minister No. KEP.32/MEN/ 2004 on the Organization and Work Mechanism of Fish Quarantine Technical Units; 25. Decree of the Maritime and Fisheries Minister No. KEP.16/MEN/ 2006 on the Designation of Places for the Import and Export of Media Carrv ing Quarantine Fish Pest and Disease; 26. Uecree of the Maritime and fisheries Minister No. KEP.01/MEN/ 2007 on the Requirements of Fishery Product Quality and Security Guarantee During the Production, Processing and Distribu tion Process; 27. Decree of the Maritime and Fisheries Minister No. KEP.03/MEN/ 2010 on the Types of Quar antine Fish Pest and Disease. Classes. Carrying Media and Their Spread; DECIDES: To stipulate: REGULATION OF THE MARITIME AND FISHERIES MINISTER ON QUALITY CONTROL AND SECURITY OF FISHERY PRODUCTS IMPORTED TO THE TERRI TORY OF THE REPUBLIC OF INDONESIA. CHAPTER I GFNERAI PROVISIONS Article 1 Referred to ill this Minister ial Regulation as : 1. Producer Importer Identification Number, herein after referred to as API-P, is the importer produc er identification number issued by the Director General of Foreign Trade at the Trade Ministry to importers importing goods for own use and/or for supporting production process and not for trading 28 Business News 8128/7-8-2011 GOVERNMENT REGULATIONS or transferring to other parties. 2. General importer identification number, herein after referred to as API-U, is a general import er identification number issued by the Director General of Foreign Trade at the Trade Ministry to importers importing goods for the purpose of business activities by trading or transferring the goods to other parties. 3. Fishery product is fish including other marine bio tas handled and/or processed and/or turned into end product in the form of fresh fish, frozen fish, and other processed products for human con sumption. 4. Fish is all types of organism whose life cycle is wholly or partly in the water. 5. Fishery product quality and security guarantee system is a preventive effort that must be ob served and made starting from pre-production, processing to marketing to obtain quality fishery product safe for human health. 6. Fish quarantine officer, horeinafter referred to ns quarantine officer, is a certain civil servant as signed to take quarantme action In accordance with the law and regulation. 7. Quarantine fish pest and disease-carrying media, hereinafter referred to as carrying media, is fish and/or other articles that can carry quarantine fish pest and disease. 8. Competent authorities are an organizational unit at the Mrlritime and Fisheries Ministry rnandatari by the minister to take quarantine action, and control fishery product quality and accuritv guor antee system. 9. Import is the act of importing fishery products to the territory of the Republic of Indonesia accord ing to the classification and definition of fishery product commodity (Harmonized Commodity De scription and Coding System) or abbreviated as code HS. 10. Health certificate in the fish quarantine field is an official document signed by R. quarantine of ficer or authorized official in the country of origin or transit certlfvtnq that the carr ying media con tained there; n are not infected by quarantine fish pest and disease and/or required fish pest and disease. 11. Quality controller is a certain civil servant as signed to check and take sample and bring it to laboratory for a further test. 12. Health certificate in the quality field is an official document signed by an authorized official/author ities in the country of origin certifying that the fishery product is safe for human consumption. 1;;l. Release certificate is an official document signed by a quarantine office r certifying that the carrying media contained therein are free from quarantine fish pest and disease and required fish pest and disease so that it can be imported to the territory of the Republic of Indonesia or to a certain area in the territory of the Republic of Indonesia. 14. Good manufacturinq r:ertifir.rlte, hereinaftar re ferred to as SKP is a certificate issued to a fish GOVERNMENT REGULATIONS processing unit applying good manufacturing practice (GMP) and meeting Standard Sanitation Operating Procedure (SSOPJ and Good Hygine Practice (GHP) according to the standard and reg ulation of the competent authorities. 15. Temporary detention certificate is an official doc ument signed by a quarantine officer in the point of import/export certifying that the fishery prod ucts contained therein are subject to detention measure. 16. Certificate of rejection is an official document 3igned by a quarantine officer at the point of en try/release stating that the fishery product con tained herein is subject to act of rejection. 17. Official report of destruction is an official report made and signed by a competent officer and owner or proxy in the designated place stating that imported fishery product has been destroyed because it is not free or cannot be freed from quarantine fish pest and disease, does not fit for consuming, or does not meet quarantine require ments and other requirements. 18. Good aquaculture practice, hereinafter referred to as GAP, is guidance and procedure of farming including caring and/or raising fishery products and harvesting their products well in a controlled environment so as to ensure food safety from the farming by observing sanitation, feed, seed, fish medicines, residue and chemicals as well as bio logical materials. 19. Good handling practice, hereinafter referred to as GHdP, is guidance and procedure of handling fish from fish catch well, ranging from the time of Shipping to the time of landing/being unloaded, to be able to meet fish catch quality and security guarantee requirements. 20. Approval of the release of carrying media from the entry point is an official document signed by a quarantine officer at the entry point or customs area stating that the carrying media contai ned herein is approved to be released from the entry point or customs area to take fish quarantine ac tion or to remove it to free traffic. 21. Entry point and release point is a seaport, river port, terry port, airport, post office, border post and other places considered necessary designat ed as a point of entering and/or releasing quaran tine fish pest and disease-carrying media. 22. He-import is the act of re-importing Indonesian fishery products which are partly or wholly reject ed by importing countries/destination countries. 23. Minister is t hf' rninis rnr oVf'rsf'f'ing fishf'rif's af fairs. 24. Director General is the Director Gerreral or Fish ery Products Processing and Marketing. 25. Head of the Body is the Head of the Fish Quar antine, Quality Control and Fishery Product Secu rity. 26. Provincial office is a provincial office responsible for fishery affairs. 27. Regency/municipal office is a reqency/municipal office responsible for fishery affairs. 30 Business News 8128/7-8"20/1 GOVERNMENT REGULATIONS 28. Everybody is an individual or corporate body. CHAPTER II SCOPE Article Z The scope of this Ministerial Regulation shall cov er: a. technical requirements as importer of fishery products; b. requirements for the import of fishery prod ucts to the territory of the Republic of Indone sia; c. procedure of importing fishery products to the territory of the Republic of Indonesia; d. inspection of fishery products imported to the territory of the Kepubllc of Indonesia; e. import of fishery products as hand-luggage; and f. re-import of Indonesian fishery products to the territory of the Republic 0 Indonesia. CHAPTER III TECHNICAL REQUIREMENTS AS IMPORTER OF FISHERY PRODUCTS Article 3 (1) Anybody who is to apply for the import of fishery products shall hold Producer Importer Identifica tion Number (API-P) or General Importer Identifi cation Number (API-U). (2) In applying for the import of fishery products im porters who hold API-P shall enclose the follow ing requirements: a. Good Processing Certificate (SKP) and/or Cer tificate of Applying Hazard Analysis Critical Control Point (HACCP); b. a written recommendation from the provincial Office; c. a plan for the import of fishery products for one-year production needs covering types (code HS 10 digits), specifications, and vol ume of fishery products, as well as a plan for the processing of fishery products to be im ported: d. having quarantine installations already set by the Ilead of the Body. (3) Importers that hold API-U in applying for the im port of fishery products shall enclose the follow ing requirements: a. a written recommendation from the Provincial Office; b. a plan for the import of fishery products for one year covering types (code HS 10 digits), specifications, and volume of fishery prod ucts, as well as a plan for the di<;tribution of fishery products to be imported; L:. having quararuine tnstauauons already set uy the Head of the Body. CHAPTER IV REQUIREMENTS OF FISHERY PR6DUCTS IMPORTED TO THE TERRITORY OF THE REPUBLIC OF INDONESIA Business News 8128178·2011 31 GOVERNMENT REGULATIONS Artir.le 4 (1) Every fishery product imported to the territory of the Republic of Indonesia. a. shall be accompanied by a health certificate in the fish quarantine field and/or health cer tificate in the quality field from the authorized agency in the country of origin; b. shall be accompanied by a certificate of ori gin (CoO) issued by the competent agency in the country of origin; c. shall be accompanied by the results of a labo ra torv test from the cnuntry nf nriain s tatinjj that the imported fishery products are free noru micruuicloqica! c cutaminauou, resiuue and contaminant, as well as other hazardous chemicals according to the Indonesian Na tional Standard (SNI) or other provisions; d. shall meet provisions on food label and adver tisement; e. shall be glazed for a maximum of 20 (twenty) percent for frozen fishery products; f. shall be accompanied by a certificate of Good Aquacultllre Practices (GAP) for fishery prod ucts from fish farming. (2) Fi::;hery products in the form of introductory types of new fish and/or fish for the first time imported to the territory of the Republic of Indonesia shall be subject to a risk analysis of importing fish ac cording to the law and regulation. Article 5 As part of efficient quality and security in spection of fishery products at the gateways, coun tries of origin shall be distinguished into 3 (three) CBt egories, namely: a. country of origin that has signed a cooperation agreement in the form of Mutual Recognition Arrangement (MRA) or Memorandum of Under standing (MoU) or the like; b. country of origin that has not signed a coopera tion agreement in the form of Mutual Recognition Arrangement (MRA) or Memorandum of Under standinrj (MoU) or the like. but hac; an equivalent system; c. cuunu v uf uriqin that has nut ::;iylleu a coopera tion agreement in the form of Mutual Recognition Arrangement (MRA) or Memorandum of Under standing (MoU) or the like, and has no an equiva lent system. Article 6 (1) If a country of origin has signed a cooperation agreement with Indonesia in the form of Mutual Recognition Arrangement (MRA) or Memorandum of Understanding (MoU) or the like as referred to in Article 5 letter a, importers of fishery products can only receive fishery products from suppliers and/or fish processing units (UPI) submitted by the competent authorities in the country of origin. (2) Fishery products that are allowed to enter the territory of the Republic of Indonesia shall come from UPI put in the list as referred to in paragraph 32 Business News 812817·8·2011 GOVERNMENT REGULATIONS (1) and be accompa nied by a health certificate is sued by the competent authorities in the relevant country. Article 7 (1) The country of origi 10 that has not signed a co operation agreement in the form of Mutual Rec ognition Arrangement (MRAI or Memorandum of Understanding (MoU) or the like but has an equivalent system as referred to in Article 5 let ter b shall submit a regulation on the quality and security qucrnntc c system of fishery products put in force by relevant countries for evaluation by the competent authorities in Indonesia. (2) To see the equivalent of quality and security guarantee system of fishery products adopted by the country of origin as referred to in paragraph (1), the competent authorities in Indonesia can conduct an inspection in the relevant country. (3) If the results of inspection of the fishery product quality and security guarantee system as referred to in paragraph (2) are equivalent to the system prevailing in Indonesia, the relevant country is al lowed to export fishery products to Indonesia us ing the procedure as referred to in Article 6. Article 8 Fishery products from the country of origin that has not signed a cooperation agreement in the form of Mutual Recognition Arrangement (MRAl or Memorandum of Understanding (MoU) or the like, and hi1S no an sriuivalent system as referred to in Article 5 letter c, can be imported after a laboratory test has been l:ol,ducted and its results accord with the Indo nesian National Standard (SNI) and/or provisions on the quality and security of fishery products. CHAPTER V THE PROCEDURE OF IMPORTING FISHERY PRODUCTS TO THE TERRITORY OF THE REPUBLIC OF INDONESIA Article 9 (1) Anybody that meets requirements to import fish ery products to the territory of the Republic of IndoneSia Can import fishery products by applying in writing for the import of fishery products to the Director General, containing at least: a. purpose and aim; b. scientific name and commercial name; c. quantity/volume, specifications and codes HS; d. country of origin: e. transportation means; f. entry point; g. import timetable; h. source of raw materials; I. enclosing a photocopy or original of decisi on on quarantine installation. (2) The evaluation of completeness, validity, and truth of requirements as referred to in parag raph (1) shall be done by an evaluation team formed by the Director General. 8usiness News 812817-8-2011 33 GOVERNMENT REGULATIONS (3) No later than 5 (five) working days after the :'11' plication for the import of fishery products has been received in a complete Wi;Jy the evaluation team shall submit the results of evaluation in the form of recommendation on approval or rejection to the Director General. (4) No later than 5 (five) working days after receiving a recommendation from the evaluation team as referred to in paragraph (3), the Director General shall issue a permit for the import of fishery prod ucts if the application for the import of fishery products is approved or a notification on rejection to the applicant if the application for the import of fishery products is rejected. (5) The permit for the import of fishery products as referred to in paragraph (4) shall be valid for 6 (six) months. Article 10 The import of fishery products by non-com mercial aqenciesnnstitutes/institutions can be done without API-P or API-U but shall continue to meet provisions in Article '1 of this Ministerial Regulation and provisions in the quarantine field. CHAPTER VI THE INSPECTION OF FISHERY PRODUCTS IMPORT ED TO THE TERRITORY OF THE REPUBLIC OF INDONESiA Article 11 (1) The inspection of fishery products imported to the tF!rritory of the RF!l'ublic of Indonesia is preceded by the inspection of documents by a quarantine officer. (2) The inspection as referred to in paragraph (1} is meant to see the completeness, validity and truth of documents. (3) The requirements as referred to in Article 4 shall be declared complete if all requirements have been met. (4) Documents shall be declared valid if documents from the country of origin or country of transit are issued by the authorized agency (5) Documents shall be declared true if they match with the tvpe, quantitv, product model, and/or size of fishery products. (6) To check the truth of the documents as referred to in paragraph (5), quarantine officers shall con duct a physical inspection of fishery products in customs areas. Article 12 (1) If importers can meet provisions in Article 4 para graph (1) and Article 9 parag rap h (1) and based on the results of ris k analysis of importing fish as referred to In Article 4 paragraph (2), they have met requirements for risk analysis of importing fish, the fishery products shall undergo quaran tine and quality test at quarantine installations. (2) If importers cannot meet one or more provisions in Article 4 paragraph (1) and Article 9 paragraph (1) and based on the results of risk analysis of 34 imporLing fish CI:; refe rr ed tu in Article 4 paragraph (2) an indication of failure to meet provisions on risk analysis of importing fish is found, the quar antine officer shall reject the fishery prod ucts. (3) Importers shall re-export the fishery products as referred to in paragraph (2) to the country of ori gin no later than 3 (three) days after being reject ed. (4) If after the period of 3 (three) days has passed the fishery products am not re-exported to the coun try of origin they shall be destroyed according to the requlatlon in force. Article 13 (1} If documents on imported fishery products have been complete and met the requirements as re ferred to in Article 4 paragraph (1) and Article 9 paragraph (1 L the quarantine officer shall issue approval for the release of carrvino media from the entry point. (2) The fishery products released from tho customs area as referred to in paragraph (1) shall later be taken to the quarantine installations to undergo fish quarantine and quality test. (3) Fish quarantine designed to detect quarantine fish pest and disease and conduct a quality test shall be done by taking samples according to the regu lation in force. (4) All expenses arising from the effort to detect nuarantine fish pest and disease and condur r rl quality test as referred to in paragraph (3) shall fully be borne importers. (5} Samples shall be taken by a quality controller within 1 x 24 (once every twenty-tour) hours at ter being taken to the fish quarantine installations for a laboratory test. (6} A report on the results of the laboratory test as referred to in paragraph (5) shaH serve as a basis for the quarantine officer to issue a certificate of release. (7) If based on the report on the rp.sLJlts of thp. lah oratory test as referred to in paragraph (6) the fishery pro due is are declared free [rum uuar an tine fish pest and disease and quality guarantee and fishery product security, the quarantine offi cer shall issue a certificate of release, with copies add res sed to the fish controller, Directorate Gen eral of Fish Farming, and the Provincial Office to conduct supervision according to the requlation in force. (8) If based on the report on the results of the test as referred to in paragraph (6) the fishery products are declared failing to meet requirements of qual rtv guarantee and security, the quarantine officer shall not issue a certificate of release. (9) Fishery products without a certificate of release shall be banned from bei ng distribute d and there fore, they shall be re-exported to the country of origin or processed according to the regulation in force. Article 14 Business News 812817-8-2011 35 GOVERNMENT REGULATIONS Business News 8128/7,8,201136 (1) To ensure conslstencv betvveer i quality and secu rity of fishery products, the quality controller ca n take samples for a test. (2) The samples as referred to in paragraph (1) from the country that has signed a cooperation agree ment in the form of Mutual Recognition Arrange ment (MRA) or Memorandum of Understanding (MoUl or the like as referred to in Article 6 para graph (1) shall be ta ken at random as much as 1 % (one percent) of product lot. (3) The samples as referred to in paragraph III from the country that has quality equivalent with In donesia as referred to in Article 7 paragraph (1) shall be taken at random as much as 5 % (five percent) of product lot. (4) The samples as referred to in paragraph (1) from the country that has not signed a cooperation agreement in the form of Mutual Recognition Arrangement (MRA) or Memorandum of Under standing (MoU) or the like and has not equivalent system as referred to in Article 5 letter c shall be taken at random as much as 10% (ten percent) of product lot. (5) During the period of quarantine at fish quarantine installations, fishery products are banned from being: a. removed from the quarantine installations to other place; b. transferred from the owner of fishery prod ucts to other party; c. exchanged with fishery product of the same type or other type. (6) The period of quarantine shall be a maximum of 14 (fourteen) days and can be extended It need ed. CHAPTER VII MONITORING AND CONTROL Article 15 (1) To ensure the effective quality control of fishery products imrortprl to thp tf'rritory of the Republic of Indonesia quality controller shall conduct moni lurirl8· (2) The results of monitoring shall be submitted to the competent authorities, with copies addressed to the Director General, the Director General of PSDKP, and the Head of the Body. (3) If the results of monitoring show that quality and sec urity requirements of fishery products are not met the importers shall withdraw fishery products that have been in circulation. Article 16 To ensure that fishery products imported to the territory of the Republic of Indonesia are used ac cording to the aim and plan, the distribution and ap propriation of fishery products shall be controlled on condition: a. fishery products to which approval have been given for the release from the entry point and a written statement of taking fishery products into the installations shall be escorted by quarantine officers to the designated installations; b. fishery controller shall supervise the fishery prod ucts that have been given a certificate of release to ensure that the fishery products are used andl or utilized according to the purpose, aim, and plan for the import of fishery products; c. supervision by fish controller as referred to in let ter b can be done at processinq units at the time of distribution from the installations to further processing units and/or marketing places; d. at the time when the fishery controller conducts a picking test as pa rt of control, importers shall show documents accompanying the fishery prod ucts imported to the territory of the Republic of Indonesia covering a permit for the import of fish ery products from the Director General and a cer tificate of release from the Head of the Body; e. the report on the results of control by the fish ery controller shall be submitted to the Director General of PSDKP with copies addressed to the Director General and the Head of the Body. CHAPTI::K VIII THE IMPORT OF FISHERY PRODUCTS AS HAND-LUGGAGE Article 17 (1} The import of fishery products as hand-luggage can be done without API-P or API-U as required in Article 3 paragraph (2} and paragraph (3) on condition thf!Y "hall not f!XC:P'f!rl 2~ (twp.nty-fivf!) kilograms by volume and/or RP1,000,000 (one million rupiah) by vul ue , (2} If the import of fis hery products as hand-luggage do not exceed 25 (twenty-five} kilograms by vol ume and/or Rp1,000,000 (one million rupiah} by value, the importer shall report and submit the fishery products along with required documents to the quarantine officer at the time of arriving at the entry point. CHAPTER IX THE RE-IMPORT OF FISHERY PRODUCTS TO THE TERRITORY OF THE REPUBllC OF INDONESIA Article 18 (1} The re-import of Indonesian fishery products which are partly or wholly rejected by the import ing country/destination country for failing to meet requirements in the destination country shall be subject to the act as referred to in Article 11. (2} The re-irnport of Indonesian fishery products which are partly or Wholly rejected by the import ing country/destination country for failing to meet requirements at the time of being released, among others not being reported, not passing through In spection, not passing through places of release and/or being smuggled, not being accompanied by required documents, shall be destroyed in the entry point. (3) The re-import of fishery products as referred to in paragraph (1} shall be accompanied by the rea sorvs fnr rejp.ction by thp. de stinaton countrv/de s tination country and/or the buyer. Business News 8128/7-8-2011 37 GOVERNMENT REGULATIONS (4) The re-import of fishery products as referred to in paragraph (1) shall be accompanied by a health c er tif ic ate rinrl fl::lck/l;lbAI accornpanvinq the fish ery products at the time of being released from the terriLury of the Re(Juulic or lntf onu sja , (5) The re-import of fishery products as referred to in paragraph (4) shall pass through the designated places. (6) The destruction cost as referred to in paragraph (2) shall become the responsibility of the import er. CHAPTER X SANCTIONS Article 19 (1) Anybody violating this Ministerial Regulation can be liable to an administrative sanction. (2) The administrative sanction as referred to in para graph (1) can be in the form of written warning, freeze, revocation of a permit for the import of fishery products. (3) The administrative sanction as referred to in para graph (2) shall be imposed through the following phases: a. written warning shall be imposed 3 (three) times consecutively, with each covering 1 (one) month, by the Director General to the violator; b. if the written warning as referred to in letter a is not complied with, the permit for the import of fishery products shall be frozen for 1 (one) month; c. if the freeze as referred to in letter b is not complied with. the permit for the import of fishery products shall be revoked. CHAPTER XI TRANSITIONAL PROVISIONS Article 20 Importers that have imported fishery products to the territory of the Republic of Indonesia before this Ministerial Regulation is stipulated shall have API P and API-U no later than 3 (three) months after this Ministerial Regulation is stipulated. CHAPTER XII CUNCLU~IUN Article 21 This Ministerial Regulation shall come into force as from the da te of stipula tion. For public cognizance, this Ministerial Regula tion shall be promulgated by placing it in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta On Auqust 31, 2010 THE MARITIME AND FISHERIES MINISTER OF THE REPUBLIC OF INDONESIA, sgd. FADEL MUHAMMAD (S) 38 Business News 812817-8-2011