Regulation of the Trade minister no. 02/M-DAG/PER/1/2012 on provisions on pearl import

GOVERNMENT REGULATIONS PROVISION ON PEARL IMPORTS (Regulation of the Trade Minister No. 02/M-DAG/ PER/1/2012, dated January 3,2012) BY THE GRADE OF GOD ALMIGHTY THE TRADE MINISTER OF 1 HE HcPUBLlC OF INDONESIA, Considering: a. that to improve business certainty in pearl busi ness and support the effort to maintain the domestic economic growth, it is necessary to encourage the creation of sound trade and con ducive business climate; b. that to support the supply of pearl that does not wnouv come from domestic sources uy continu ously observing the effective implementation of policies in the import sector, it is necessary to control the import of pearl; c. that basf'!ci urnn the consideration as referred to in letter a and letter b. it is necessary to stipulate a Regulatiun uf the Trade Minister; In view of : 1. Trade Ordinance 1934 {Statute Book of 1938 No. 86) as already amended and supplemented; 2. Law No. 3/1982 Compulsory Registration of Companies (Statute Book of 1982 No.7. Supple ment to Statute Book No. 3214l: 3. Low . to be continued (S) 48 Business News 8237/3-28·2012 GOVERNMENT REGULATJON,S' PROVISION ON PEARL IMPORTS (Regulation of the Trade Minister No. 02/M-DAGI PER/112012, dated January 3, 2012) [Continued from Business News No. 8237 page 48] 3. Law No. 711994 on the Ratification of Agreement Establishing The World Trade Organization (Stat ute Book of 1994 No.57. Supplement to Statute Book No. 3564}; 4. Law No. 10/1995 on Customs Affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612} as already amended by Law No. 17/2006 (Statute Book of 2006 No. 93, Supple ment to Statute Book No. 4661); and Unsound Business Competition (Statute Book of 1999 No. 33, Supplement tu Statute Buuk Nu. 3806); 6. Law No. 8/1999 on Consumer Protection (Stat ute Book of 1999 No.42, Supplement to Statute Book No. 3821); 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. 39/2008 on State Ministries (Statute Book of 2008 No. 166, Supplement to Statute Book No.4916); 9. Government Regulation No. 82/2000 on Animal Quaranti ne (Statute Dook of 2000 No. 161. Sup pJement to Statute Book No. 4002); 10. Government Regulation No. 38/2007 on the Sharrng of Government Affairs Among the Gov ernment, Provincial Governments and Regency/ Municipal Governments (Statute Book of 2007 No. 82, Supplement to Statute Book No. 4737}; 11. Presidential Decree No. 260/1967 on the Affir rnation of Tasks and Responsibilities of the Trade Minister in the Foreian Trade Field; 12. Presidential Decree No. 84/P/2009 on the For marion of United lnuonesla Cabinet II as alreauv amended by Presidential Decree No. 59/P/2011; 13. Presidential Regulation No. 47/2009 on the For mation and Organization of State Ministries as already amended by Presidential Regulation No. 76/2011 ; 14. Presidential Regulation No. 24/2010 on the Po sition, Tasks and Functions of State Ministries as well as the Organizational Structure, Tasks and Functions of First Echelon Officials at State Min is tries as already amended by Presidential Regula tion No. 67/2010; 15. Decree of the Industry and Trade Minister No. 558/MPP/Kep/12/1 998 on General Provisions 36 Business News 8238/3·30·2012 GOVERNMENT REGULATIONS in the Export Sector as already several times amended the latest by Regulation of the Trade Minister No. 01 /M-DAG/ PER/l /2007; 16. Regulation of the Trade Minister No. 45/M-DAG/ PER/9/2009 on Importer's Identification Code (API) as already several times amended the latest by RegLlIAtion of the Traria Minister No. ?O/M DAG/PER/7/2011 ; 17. Reguiatiull of the Trade Minister No. !34/M-DAG/ PER/9/2009 on General Provisions in the Import Sector; 18.Regulation of the Trade Minister No. 31/M-DAG/ PER/7/20 lOon the Organization and Work Mech anism of the Trade Ministry; DECIDES To stiflLllate . REGULATION OF THE TRADE MINiSTER ON PROVI SIONS ON PEARL IMPORTS. Article 1 Referred to in this Ministerial Regulation as : 1. Pearl is a fishery product in the form of granules of precious stone produced by sea or fresh water pearl mollusks. 2. Import is the act of entering goods into customs area. 3. Import approval is pearl import permit. 4. Recommendation is a written statement issued by an authorized official of relevant agency/technical unit as a condition to issue an import approval. 5. Verification or technical trace of imported goods is a technical audit of imported goods conducted at the port of loading by a surveyor. 6. Surveyor is a survey company authorized to con duct verification or technical trace of imported goods. 7. Minister is the minister carrying out government affairs in the trade sector. 8. Director General is the Director General of Foreign Trade at the Trade Ministry. 9. Director is the import director at the Directorate General of Foreign Trade at the Trade Ministry. Article 2 Pearl whose import is controlled is as con tained in the attachment which is an integral part of this Ministerial Regulation. Article 3 The import of pearl as referred to in Article 2 can only be done by companies that have secured import approval from the Director General. Article 4 (1) To secure the import approval as referred to in Article 3, company shall file an application to the Director General by enclosing: a. a photocopy of trade buslnese permit or other business permit issued by the relevant techni cal agency; Business News 823813·30·2012 37 GOVERNMENT REGULATIONS b. a photocopy of company registration certifi cate (TOP); c. a photocopy of taxpayer code number (NPWP); d. a photocopy of importer's Identity code (APO; and e. a recommendation from the Director General of Fishery Product Processing and Marketing at the Maritime Affairs and Fisheries Ministry, (2) The Director General shall issue import approval no later than 5 (five) working days after the ap plication as referred to in paragraph (1) has been received in a complete and correct way. Article 5 The pearl import approval as referred to in Ar ticle 3 is valid for 6 (six) months after the date of is Article 6 Any pearl import as referred to In Article 2 can only be done via porta of destinetion: a. Soekarno Hatta Airport in Jakarta; and b. Juanda Airport in Surabaya. Article 7 (1) Any company that has secured a pearl import ap proval shall submit a written report on the real ization of pearl imports to the Director General in this case the Director, with a copy addressed to the Director General of Fishery Product Processing and Marketing at the Maritime Affairs and Fisher ies Ministry. (2) The report as referred to in paragraph (1) shaH be subrnitted regardless of whether or nottne import has been realized. (3) The report as referred to in paragraph (1) shall be submitted once every 3 (three) months no later than the 15th of the ensuing month through http:// tnatrade.kernencaq.qo.id. Article 8 11 )Any pearl import that has secured import approval shall be subject to verification or technical trace of imported goods by the surveyor at the port of loading before being shipped. (2) The verification or technical trace of imported goods as referred to in paragraph 11} shall contain at least: a. description and specification of goods cover ing heading number or tariff number!HS; b. quantity (volume) of each type of goods; c. shipment time; and d. data or information on the country of origin of gDDds and port of destination. (3) The results of verification or technical trace by surveyor as referred to in paragraph (1) shall be put in surveyor's report (LS) to serve as complete customs document in settling customs problem in the import sector. [4} All expenses arising from the verification or tech nical trace of imported goods by surveyor as re ferred to in paragraph (1) shall be borne by the company that has secured import aporovat. 8 Business News 8238/3-30-2012 GOVERNMENT REGULATIONS Article 9 (1) The verification or technical trace of imported guod:> as re lerred to in Article 8 paragrdpl-1 11) 51-lall be done by surveyor decided by the Minister. (2) The surveyor decided as referred to in paragraph (1) shall meet the following qualifications: a. holding a survey service business permit (SIU JS); b. having experience as a surveyor Tor a mini mum of 5 (five) years; c. having branch or representative and/or affili ate abroad and networks to ensure effective verification service; and d. havinq track record in the management of im port verification activities. (3) The surveyor as referred to in paragraph (11 shall submit a written report on the recapitulation of im port verification or technical trace activities to the Director General in this case the Import Director every month on the 15th of the ensuing month. (4) Surveyor that does not meet the obligations as re ferred to in paragraph (3) shall be liable to sanction by having its status as surveyor of verification or technical trace of pearl imports revoked. (5) The revocation of surveyor's status as referred to in paragraph (4) shall be done by the Minister. Article 10 (1) The import of pearl for: a. goods for the purpose of research and scien tific development with a maximum quantity of 100 (a hundred) grams; b. goods 10r the purpose of exhibition with a maximum quantity of 1,000 (EI thous-and) grams for each exhibition participant abroad; strall secure import approval by only enclosinq the recommendation as referred to in Article 4 paragraph (1) letter and be excepted to provi sions on the verification or technical trace of import as referred to in Article 8. (2) The Import of pearl for: a. personal Items of passengers and crew mem bers of transport means with a maximum quantity of 50 (fifty) grams; b. goods already exported for the purpose of ex hibition or rejected by buyer abroad and then re-imported evident from export notification (PES) document and having the same quality as that at the time the goods are exported; are excepted to provisions on import approval as referred to in Article 3 and import verifica tion or technical trace as referred to in Article 8. Article 11 (1 J Import approval shall be revoked if the company: a. does not meet the obligation to submit the reo port as referred to in Article 7; b. changes, adds and/or replaces the content of import approval document; c. imports pearl whose type and/or quantity are not the same as those contained in the import approval document; and/or d. is declared guilty by court of committing a criminal offence related to abuse of pearl im ported. Business News 823813-30-2012 39 GOVERNMENT REGULATIONS (2) The Director General shalt revoke the import ap proval as referred to in paragraph (1). 13) Company that violates the obligation to submit a report as referred to in Article 7 may have its pearl import in the following period suspended. Article 12 Company that imports pearl in violation of this Ministerial Regulation shall be liablo to i::I ecriction according to the law and regulation. Article 13 The import of pearl shaH remain cornpttant with the law and regulation in the fields of pearl qual Ity control, tish quarantine and/or customs. Stipulated in Jakarta ori January 3, 2012 THE TRADE MINISTER OF THE REPUBLIC OF INDO NESIA, sgd. GITA IRAWAN WIRJAWAN ATTACHMENT TO R~GULATION OF TH~ TRADE MINIST~R NO. 02/M DAG/PER/1/2012 ON PROVISIONS OM PEARL IM~ PORTS PEARL WHOSE IMPORT IS CONTROLLED 1. 7101.10.00.00 - Natural pearl 2. 7101.21.00.10 . •• Of fresh water 3. 7101.21.00.20 --- Of sea 4. 7101.22.00.10 --- Of fresh water 5. 7101.22.00.20 --- Of sea 6. 7116.10.00.00 - Of natural or cultivated pearl Article 14 The Minister may set up an integrated team consisting of representatives from relevant technical agencies to evaluate and control the import of pearl. Article 15 LS as a customs complementary document in customs settlement in areas as referred to in Article 8 paragraph (3) shall begin to take effect on July 1, 2012. No. HS DESCRIPTION OF REMARK GOODS Article 16 This Ministerial Regulation shalt come into force as from June 1, 2012. For public cognizance, this Ministerial Regula tion shall be promulgated by placing it in the State Gazette of the Republic of Indonesia. THE TRADE MINISTER OF THE REPUBLIC OF INDONESIA, sgd. GITA IRAWAN WIRJAWAN IS) 40 Business New$ 823813·30·2012