Regulation of the Trade Minister No. 13/M-DAG/PER/3/2009 on amendment to Regulation of the Trade Minister No. 12/M-DAG/PER/4/2008 on provisions on the import and export of rice

SA THE AMENDMENT TO REGULATION OF THE TRADE MINISTER NO. 12/M-DAG/PER/4/2008 ON PROVISIONS ON THE IMPORT AND EXPORT OF RICE (Requlatlon of the Trade Minister No. 13jM-DAG/PERj3/2009 dated March 30, 2009) BYTHE GRACE OFGOD ALMIGHTY THETRADE MINISTER OFTHE REPUBUC OFINDONESIA, Considering: a. that judgingbythe rorrent conducive national ricepro doction,the counby has the potentialto export riceby always observing the food security; b. that to achieve the foodsecurity, effortsto improve the income and living standard of rice growers as well as to create national economic stabilitymustbe supported bya policy on theexport of rice; c. that inconsider.rtion ofthe matters in letters a andb, it is necessary to stipulate Regulation of theTrade Minister; In viewof: 1. Trade Ordinance 1934(Statute Book.ot1938No.86) as has been amended andsupplemented; 2. lawNo.16/1992 (BNNo. 5300pages17A-19A and soon) onAnimal, Fish andPlantQuarantine (Statute Book of 1992 No.56, Supplement to StatuteBook No. 34R2); Business News n98/4-17-2009 3. law No.7/1994on the Ratification of Agreement Es tatlnsnlng TIle WorICl Traae organIZatIOn (StaOJte 600k of 1994 No. 57, Supplernentto Statute Book No. 3564); 4. law No.10/1995 (BNNo.3812pages19A-2OAand so on) on Customs Affairs(Statute Book of 1995 No~ 75,Supplement toStatute Book No.3612) as has been amended by Law NQ. 17/2006(Statute Book of 2006 No. 93, Supplement to statuteBookNo. 4661); 5. Law No.7/1996 on Food(Statute Book of 1996 No. 99 f Supplement to StatuteBookNo. 3656); 6. Government Regulation No. 14/2002 (BNNo. 6781 pages 15A-32A and so on} on Plant Quarantine (StatuteBook of 2002No.35, Supplement to Statute Book No. 4196); 7. Government Regulation No. 68/2002 (BNNo. 6896 pages27A~32Aandso on}on Food Security (Stat uteBookof 2003 No.142,Supplement to Statute Book No.4254); 8. Presidential Decree No. 260/1967 on the Affinnation of Tasks and Responsibilities of the Trade Minister in the Field of Foreign Trade; 9. Presidential ••... 9. Presidential Decree No; 187/M/200S (BN No. 7182 ~ 30A-31A) nn thl:' Formatinn of Mutual-Help Cabinet ashasbeen several times amended the latest byPresidential Decree No.171/M/2005; 10. Presidential Regulation No. 9/2005 (8N No. 7182 pages 2A-23A)on the Position, Task, Function, Or gflnizational Structure and Work Mechanism of State Ministries of the Republic of Indonesia as has been several timesamended the latestby Presidential Regu lationNo. 20/2008; 11. Presidential Regulation No.10/2005on the Organiza~ tionaI umtand lask. of First EchelOn OffiCials Of State Ministries of the Republic of Indonesia as has been severnl times amet'ldOO thelatestt1t' Presidential Regu lation No.21/2008; 12. Decree ofthe Indusby andTrade Minister No.558/MPP/ Kep/12/1998 (BN No. 6252pages10A-12A ant/so on) on General Provisions in the ExportFiekJ ashas been ~11:imes: amended the latest by Rl:'gulation of theTrade Minister No.01/M-DAG/PER/l/2007 (BN No. 7475pages17A-25AJ, 13. Regulation of the Trade MinisterNo.01/M-DAG/PER/ 3/2005 on the Organizational Structure and Work Mechan;::;m of~ TrdUe Mini5try es 1105 been severel times amended the latest by Regulation of the Trade Minister No. 34/M-DAG/PER/8/2007; 14. Regulation of the Trade MinisterNo. 12jM-DAG/PERj 4/2008 (BN No.7672pages lA-l2A) on Provisions on the Importand Export of Rice; By observirl!J ~ 1. Letterof the Coordinating Minister for Economic Affairs to the President of the Republic of Indonesia No.5-181 Business News n98/4-17-2009 6A M.EKON/03/2009 dated March 11,2009 on Develop rnents in thl:' SibJation of Bao;ic Necessaries Particularly Rice, COOking OilandSugar; 2. letterof the AgricultureMinisterto the TradeMinister No.53/PP.310jMj3/2009 dated March 11,2009 on the Special/certain Mechanism of ExportingRice; DECIDES: TO stipulate : REGULATION OFlHElRADE MINISTER ON AMENDMENT TO REGULJmON OFlHElRADE MINISTER NO. 12jM-DAGI PER/4/2008 ON PROVISIONS ON THE [MPORT AND EX PORT OFRICE ArtideI Several provisions in Regulation of the Trade Min isterNo.121M-DAG/PER/4/2008 on Provisions on the Im portand Exportof Rice shallbe amended asfollows; 1. Chapter V Artide 10 paragraph (1), paragraph (2), paragraph (4), paragraph (5)/ paragraph (6) andpara graph(7) shall be amended sothat it reads asfollows: Q-1APTERV lHE EXPORT OF RICE Article10 (t) The export of rice of certain type as referred to in Attachment III to this Ministerial Regulation canonly be conducted if domestic rice supplies exceed the needs. (2) TheexpOrt of rice as referred to in paragraph (1) for the types of ricein the huskinthiscase paddy or rough especially for the purpose of seed under headings 1006.10.00.00. • •..• 1006.10.00.00, fragrant rice otherthanThaiHom MaH under heading3 1006.30.19.00, and other types of rice underheadings 1006.30.90.00: a. withthe levelof broken nee reaching a maximum of 5% can beconducted by state-owned compa nles, regional government-owned companies or ptWateIy-run companIeS; b. with the levelof broken rice exceeding 5% up to 25%can only be conducted by the StateLogistics Board (Bulog). (3) Each company canconduct the export of rice as re ferred to in paragraph (1) for the type of sticky rice underheadings 1006.30.30.00. (4) The export of ri~ for: a. the type of rice as referredto inparagraph(2) let ter a and paragraph (3) can be oonducted only after securing exportapprovalfrom the Minister or the appointed offICial by obseJvmg remmmenda nons from the Agriculture Ministerorthe appointed offidal throughdisaJssion wilh the relevant agera oes; b. thetype ofneeas referred to in paragraph (2) let ter b can be conducted only after secuing export approval from the MinISterDy~ recmrnen datlons from the COOrdinal:iooTeam. (5) Tosecure export approval the mmpanieS as referred to inparngraph(2) and paragraph (3) sha"fliea writ ten application to the Minister through the Director General by attaching: a. Business permit (SlOP); b. c::ertiflmtc of the company's registration (TOP); and c. recommendation from the AgricultureMinisteror the appointed official, for the export of rice as ~17-2009 7A referred to in paragraph (2) letter aandparagraph (3); or d. recommendation from the Coordination Team as referred to in paragraph (2) letterb. (6) The approval or rejection of the application for the export of rice as referred to in paragraph (5) shallbe Issued 00 larer than 5 (fNe) wurk \Id}'Sdf1.er Ult~ appli cation hasbeen received in acomplete manner. (7) The export rice as referred to in paragraph (2) and paragraph (3) shallbe put in packscarrying the iden tity of the companyand other information {prodl.lCEd in Indonesia, primequality/levelc:t broken}. 1. Artidfo, 15 ~11 be amended so that it reads asfollows: Article 15 (1) Thecompany as referredto in Article4 paragraph (3) and the company as referred to in Article 10 parugraph (2) that have xcured approval for the import or export of rice shall submita wlitten re portonthemport orexport of riceto theMinister, withoopies addressed to : a. TheCoordinating Ministerfor EconomicAffairs; and b. The Agriculture MiniSter. (2) The report as referred to inparagraph (1) shallbe submitted everymonth no later than the 15th of the ensuing month, 3. Attachment III to Regulation of the Trade Minister No. 12jM-DAG/PERJ4/2008 on Provisions on the Im port and Export of RiCf" shall be amendedso that it becomesas contained in the attachment to this Min isterial Regulation. Article II•..~ SA Artidell ThisMinisterial Regulation shallcomeinto forceasfrom April1, 2009. Forpubliccognizance, this Ministerial Regulation shall beannounced by placing it in the State Gazette of the RepublicofIndonesia. stipulated inJakarta on March 30. 2009 THE TRADE MINISTER, sgd. MARl El.KA PANGESTU ATTAOMENT certain Types ofRiO! Which Can Be Exported No. Headings Description of Goods Remarks 10.06 Rk:e 1. 1006.10.00.00 -Rice in the husk(paddyor rough) Onlyfor the purpose of seed 1006.30 -Semi-milled-or wholly-milled rice, whetheror not polished or glazed Fragrant rice 2. 1006.30.19.00 -other Fragrantrice 3. 1006.30.30.00 -sticky rice; 4. 1006.30.90.00 -other Non fragrant rice THE TRADE MINISTER, sgd. MARl ElKA PANGESTU ===( 5 )=== Business News n98/+17-2009