ProdukHukum Perdagangan 0290199.
PROVISIONS ON THE EXPORT OF COFFEE
(Decree of the Minister of Industry and Trade No. 29/MPP/Kep/1/1999
dated January 29, 1999)
THE MINISTER OF INDUSTRY AND TRADE
Considering:
a. that membership of Indonesia in the International Coffee Organization (ICO)
and the Association of Coffee Producing Countries (ACPC) is considered
beneficial to both international political cooperation and economic interest and
as a consequence, Indonesia is obliged to pay contributions borne by the
Association of Indonesian Coffee Exporters (AEKI);
b. that in relation thereto, in the framework of increasing the export of coffee, it is
necessary to improve provisions on the export of coffee by issuing a decree of
the Minister of Industry and Trade.
In view of:
1 . Government Regulation No. 1/1982 on the realisation of exports imports and
the flow of foreign exchange (Statute Book of 1982 No. 1, Supplement to
Statute Book No. 3210) as already amended by Government Regulation No.
24/1985 (Statute Book of 1985 No. 3291);
2. Presidential Decree No. 3/1 995 dated January 17, 1995 on ratification of the
International Coffee Agreement;
3. Presidential Decree No. 58/1995 dated August 23, 1995 on ratification of the
ACPC agreement;
4. Presidential Decree No. 61/1998 on the functions, tasks, organizational
structures and working arrangements of ministries as already amended several
times the latest by Presidential Decree No. 142/1998;
5. Presidential Decree No. 1 22/M/1 998 on the development reforms cabinet;
6. Decree of the Minister of Industry and Trade No. 108/MPP/Kep/5/1996 on
standardization, accreditation and supervision of the quality of products within
the Ministry of Industry and Trade;
7. Decree of the Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on the
certificate of origin of Indonesian export goods as already amended by the
Decree of the Minister of Industry and Trade No. 101/MPP/Kep/2/1998;
8. Decree of the Minister of Industry and Trade No. 444/MPP/Kep/11/1998 jo.
No. 24/MPP/Kep/1 /1 999 on the organization and working arrangement of the
Ministry of Industry and Trade;
9. Decree of the Minister of Industry No. 558/MPP/Kep/12/1998 on the general
provisions in the field of export.
DEC1DES:
To revoke :
Decree of the Minister of Industry and Trade No. 265/LP/X/89 on the improvement
of provisions on the export of coffee;
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE
CONCERNING PROVISIONS ON THE EXPORT OF COFFEE.
Article 1
Referred to in this decree as :
a.
b.
c.
Exported coffee shall be the kinds of coffee included in Tariff Headings HS.
09.01 and 21.01, as contained in Attachment 1 to this decree.
The conversions of coffee as meant in letter a of this article shall be as
contained in Attachment 11 to this decree.
letters of Approval of the Export of Coffee (SPEK) shall be letters of
realisation of the export of coffee to all destination countries which are issued
by Regional Offices of the Ministry of Industry and Trade to exporters of
coffee, as contained in Attachment Ill to this decree.
d.
ICO Form Certificates of Origin shall be certificates used as supporting
documents of coffee exported from throughout Indonesia, certifying that the
coffee is produced and/or processed in Indonesia.
Article 2
(1) Coffee shall only be exported by companies already approved as. exporters of
coffee by the Director General of International Trade.
(2) Approval as exporters of coffee shall be valid indefinitely as long as the
relevant companies undertake their business activities in accordance with the
provisions in force.
(3) Approval as exporters of coffee as meant in paragraph (2) shall be declared null
and void in the case of the relevant exporters of coffee conducting no export
activities for one year.
Article 3
In order to secure approval as exporters of coffee, companies can submit
applications to the Director General of International Trade by enclosing the
following documents:
a. Trading Business Licences (SIUP) or Trading Business Registry Certificates
(TDUP) from technical ministries/nonministerial government institutions;
b. Corporate Registry Numbers (TOP);
c. Taxpayer Code Numbers (NPWP);
d. Recommendations from Heads of Regional Offices of the Ministry of Industry
and Trade.
Article 4
(1) The export of coffee shall have SPEK as meant in Article 1 letter c.
(2) SPEK as meant in paragraph (1) shall be issued in the domiciles of the relevant
exporters and can be used for shipment purposes from throughout Indonesia.
(3) SPEK can be issued by Regional Offices of the Ministry of Industry and Trade
in the case of exporters of coffee already paying contributions to the Association
of Indonesian Coffee Exporters (AEKI).
(4) SPEK shall already be issued not later than 3 (three) days starting from the
receipt of applications already completed by exporters of coffee.
(5) SPEK shall only be valid for 30 (thirty) days as from the issuance and can only
be extended once.
(6) SPEK whose validity period is up to the end of the coffee year or up to
September 30, can no longer be extended.
Article 5
The contributions as meant in Article 4 paragraph (3) shall be stipulated on
the basis of consensus of members achieved at the general meeting of AEKI
members or the meeting of the AEKI plenary board.
Article 6
SPEK shall be issued in 5 (five) copies consisting of :
a.
the original sheet to Customs and Excise Inspection Offices;
b. the first copy to foreign exchange banks;
c.
the second copy to Regional Offices of the Ministry of Industry and Trade;
d. the third copy to the Directorate General of International Trade, in this case,
the Directorate of Export of Agricultural and Chemical products, Ministry of
Industry and Trade;
e.
the fourth copy to the relevant exporters.
Article 7
The export of coffee shall be protected by ICO Form Certificates of Origin (SKA)
as meant in Article 7 paragraphs (1) and (2) letter a of the Decree of the Minister of
Industry and Trade No. 130/MPP/Kep/6/1996 as already amended by the Decree
of the Minister of Industry and Trade No. 101/MPP/Kep/211 998.
Article 8
Exported coffee shall be in accordance with standards of the coffee quality
stipulated by the Minister of Industry and Trade.
Article 9
Exporters of coffee violating the provisions in this decree and its technical directives
shall be subjected to sanctions in the form of the freezing and revocation of approval
as exporters of coffee and/or other sanctions according to the laws in force.
Article 1 0
This decree shall come into force as from the date of stipulation.
For public cognizance, this decree shall be published by placing it in State Gazette
of the Republic of Indonesia.
Stipulated in Jakarta
On January 22, 1999
THE MINISTER OF INDUSTRY AND TRADE
Sgd
RAHARDI RAMELAN
Attachment 1
List of Tariff Headings (Harmonized System Numbers) of Coffee
===========================================================
Tariff Heading
D e a c r i p t i o n (HS)
Number
===========================================================
09.01
Coffee, whether or not roasted or decaffeinated, coffee
husks and skins; coffee substitutes containing coffee in
any proportion.
--- Coffee, not roasted
901.11 --- Not decaffeinated
0 901.11.200
0 901.11.300
0901.11.900
0901.12
0901.12.200
0901.12.300
--- Arabica WIB
--- Robusta OIB
--- other
--Decaffeinated
---Arabica WIB
--- Robust& OIB
---other
0901.12.900
0901.21.000
0901.22
0901.22.100
0901.22.900
0909.90.000
- coffee, roasted
--- not decaffeinated
-- decaffeinated
--- in powder form
--- other
--- other
21.01
- extracts, essences and concentrates of coffee and
preparations with a basis these extracts, essences
or concentrates or with a basis of coffee
2101.11.000
2101.12.000
-- extracts, essences and concentrates
-- preparations with a basis of extracts, essences or
concentrates or with a basin of coffee.
===========================================================
Attachment II
DEFINITIONS AND CONVERSIONS OF COFFEE
The kind of coffee used as the basis for determining the weight gree coffee before
being roasted.
The equivalent weight of other kinds of coffee against green coffee is as follows :
Roasted coffee is green coffee which is roasted including that which is ground and
its equivalent weight against green coffee is 1.19.
Decaffeinated coffee is green, roasted or soluble coffee free from caffein and its
equivalent weights against green coffee are set at 1.00, 1.19 and 2.60 respectively.
Soluble coffee is dry coffee soluble in water which originates in roasted coffee and
its equivalent weight against green coffee is 2.60.
Liquid coffee is coffee originating in roasted coffee in the form of solution and its
equivalent weight against green coffee is the net weight of the content of its dry
coffee multiplied by 2.60.
Attachment III
THE MINISTRY OF INDUSTRY AND TRADE REGIONAL OFFICE OF
THE MINISTRY OF INDUSTRY AND TRADE
===========================================================
LETTER OF APPROVAL OF THE EXPORT OF COFFEE (SPEK)
===========================================================
NO.
Pursuant to the Decree of the Minister of Industry and Trade No.
..../MPP/KEP/I/99, in
accordance with the letter of exporter No ……… dated ……., approval of the
export of coffee is herewith granted to:
1.
2.
3.
4.
5.
6.
7.
Name of company
Address
Volume
Quality
Destination countries
Shipment period
Names and addresses of
buyers abroad
:
:
:
:
:
:
:
with the provisions that :
a. SPEK is valid for thirty days up to ………………………
b. In the above mentioned period, the relevant exporter must already settle
sales contracts, receive L/C and close Export Declaration (PEB)
...........
THE EXPORTER
(…………………)
THE HEAD OF REGIONAL OFFICE OF
THE MINISTRY OF INDUSTRY AND TRADE
OF PROVINCE OF ……………..
(……………………………………….)
ATTENTION : SPEK can be issued by the head of the regional office of the
Ministry of Indulltry and Trade in the case of the relevant exporter has already paid
the contribution to AEKI by showing the payment receipt.
This SPEK is
Original sheet
1st copy
2nd copy
3rd copy
4th copy
made out in four copies and delivered to the following parties a
to the Customs and Excise Inspection Office.
: to the foreign exchange bank
: to the Regional Office of the Ministry of Industry and Trade.
: to the Director General of International Trade, in this case, the
Director of Export of Agricultural and Chemicalproduct, Ministry
of Industry and Trade.
: to the relevant exporter
(Decree of the Minister of Industry and Trade No. 29/MPP/Kep/1/1999
dated January 29, 1999)
THE MINISTER OF INDUSTRY AND TRADE
Considering:
a. that membership of Indonesia in the International Coffee Organization (ICO)
and the Association of Coffee Producing Countries (ACPC) is considered
beneficial to both international political cooperation and economic interest and
as a consequence, Indonesia is obliged to pay contributions borne by the
Association of Indonesian Coffee Exporters (AEKI);
b. that in relation thereto, in the framework of increasing the export of coffee, it is
necessary to improve provisions on the export of coffee by issuing a decree of
the Minister of Industry and Trade.
In view of:
1 . Government Regulation No. 1/1982 on the realisation of exports imports and
the flow of foreign exchange (Statute Book of 1982 No. 1, Supplement to
Statute Book No. 3210) as already amended by Government Regulation No.
24/1985 (Statute Book of 1985 No. 3291);
2. Presidential Decree No. 3/1 995 dated January 17, 1995 on ratification of the
International Coffee Agreement;
3. Presidential Decree No. 58/1995 dated August 23, 1995 on ratification of the
ACPC agreement;
4. Presidential Decree No. 61/1998 on the functions, tasks, organizational
structures and working arrangements of ministries as already amended several
times the latest by Presidential Decree No. 142/1998;
5. Presidential Decree No. 1 22/M/1 998 on the development reforms cabinet;
6. Decree of the Minister of Industry and Trade No. 108/MPP/Kep/5/1996 on
standardization, accreditation and supervision of the quality of products within
the Ministry of Industry and Trade;
7. Decree of the Minister of Industry and Trade No. 130/MPP/Kep/6/1996 on the
certificate of origin of Indonesian export goods as already amended by the
Decree of the Minister of Industry and Trade No. 101/MPP/Kep/2/1998;
8. Decree of the Minister of Industry and Trade No. 444/MPP/Kep/11/1998 jo.
No. 24/MPP/Kep/1 /1 999 on the organization and working arrangement of the
Ministry of Industry and Trade;
9. Decree of the Minister of Industry No. 558/MPP/Kep/12/1998 on the general
provisions in the field of export.
DEC1DES:
To revoke :
Decree of the Minister of Industry and Trade No. 265/LP/X/89 on the improvement
of provisions on the export of coffee;
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE
CONCERNING PROVISIONS ON THE EXPORT OF COFFEE.
Article 1
Referred to in this decree as :
a.
b.
c.
Exported coffee shall be the kinds of coffee included in Tariff Headings HS.
09.01 and 21.01, as contained in Attachment 1 to this decree.
The conversions of coffee as meant in letter a of this article shall be as
contained in Attachment 11 to this decree.
letters of Approval of the Export of Coffee (SPEK) shall be letters of
realisation of the export of coffee to all destination countries which are issued
by Regional Offices of the Ministry of Industry and Trade to exporters of
coffee, as contained in Attachment Ill to this decree.
d.
ICO Form Certificates of Origin shall be certificates used as supporting
documents of coffee exported from throughout Indonesia, certifying that the
coffee is produced and/or processed in Indonesia.
Article 2
(1) Coffee shall only be exported by companies already approved as. exporters of
coffee by the Director General of International Trade.
(2) Approval as exporters of coffee shall be valid indefinitely as long as the
relevant companies undertake their business activities in accordance with the
provisions in force.
(3) Approval as exporters of coffee as meant in paragraph (2) shall be declared null
and void in the case of the relevant exporters of coffee conducting no export
activities for one year.
Article 3
In order to secure approval as exporters of coffee, companies can submit
applications to the Director General of International Trade by enclosing the
following documents:
a. Trading Business Licences (SIUP) or Trading Business Registry Certificates
(TDUP) from technical ministries/nonministerial government institutions;
b. Corporate Registry Numbers (TOP);
c. Taxpayer Code Numbers (NPWP);
d. Recommendations from Heads of Regional Offices of the Ministry of Industry
and Trade.
Article 4
(1) The export of coffee shall have SPEK as meant in Article 1 letter c.
(2) SPEK as meant in paragraph (1) shall be issued in the domiciles of the relevant
exporters and can be used for shipment purposes from throughout Indonesia.
(3) SPEK can be issued by Regional Offices of the Ministry of Industry and Trade
in the case of exporters of coffee already paying contributions to the Association
of Indonesian Coffee Exporters (AEKI).
(4) SPEK shall already be issued not later than 3 (three) days starting from the
receipt of applications already completed by exporters of coffee.
(5) SPEK shall only be valid for 30 (thirty) days as from the issuance and can only
be extended once.
(6) SPEK whose validity period is up to the end of the coffee year or up to
September 30, can no longer be extended.
Article 5
The contributions as meant in Article 4 paragraph (3) shall be stipulated on
the basis of consensus of members achieved at the general meeting of AEKI
members or the meeting of the AEKI plenary board.
Article 6
SPEK shall be issued in 5 (five) copies consisting of :
a.
the original sheet to Customs and Excise Inspection Offices;
b. the first copy to foreign exchange banks;
c.
the second copy to Regional Offices of the Ministry of Industry and Trade;
d. the third copy to the Directorate General of International Trade, in this case,
the Directorate of Export of Agricultural and Chemical products, Ministry of
Industry and Trade;
e.
the fourth copy to the relevant exporters.
Article 7
The export of coffee shall be protected by ICO Form Certificates of Origin (SKA)
as meant in Article 7 paragraphs (1) and (2) letter a of the Decree of the Minister of
Industry and Trade No. 130/MPP/Kep/6/1996 as already amended by the Decree
of the Minister of Industry and Trade No. 101/MPP/Kep/211 998.
Article 8
Exported coffee shall be in accordance with standards of the coffee quality
stipulated by the Minister of Industry and Trade.
Article 9
Exporters of coffee violating the provisions in this decree and its technical directives
shall be subjected to sanctions in the form of the freezing and revocation of approval
as exporters of coffee and/or other sanctions according to the laws in force.
Article 1 0
This decree shall come into force as from the date of stipulation.
For public cognizance, this decree shall be published by placing it in State Gazette
of the Republic of Indonesia.
Stipulated in Jakarta
On January 22, 1999
THE MINISTER OF INDUSTRY AND TRADE
Sgd
RAHARDI RAMELAN
Attachment 1
List of Tariff Headings (Harmonized System Numbers) of Coffee
===========================================================
Tariff Heading
D e a c r i p t i o n (HS)
Number
===========================================================
09.01
Coffee, whether or not roasted or decaffeinated, coffee
husks and skins; coffee substitutes containing coffee in
any proportion.
--- Coffee, not roasted
901.11 --- Not decaffeinated
0 901.11.200
0 901.11.300
0901.11.900
0901.12
0901.12.200
0901.12.300
--- Arabica WIB
--- Robusta OIB
--- other
--Decaffeinated
---Arabica WIB
--- Robust& OIB
---other
0901.12.900
0901.21.000
0901.22
0901.22.100
0901.22.900
0909.90.000
- coffee, roasted
--- not decaffeinated
-- decaffeinated
--- in powder form
--- other
--- other
21.01
- extracts, essences and concentrates of coffee and
preparations with a basis these extracts, essences
or concentrates or with a basis of coffee
2101.11.000
2101.12.000
-- extracts, essences and concentrates
-- preparations with a basis of extracts, essences or
concentrates or with a basin of coffee.
===========================================================
Attachment II
DEFINITIONS AND CONVERSIONS OF COFFEE
The kind of coffee used as the basis for determining the weight gree coffee before
being roasted.
The equivalent weight of other kinds of coffee against green coffee is as follows :
Roasted coffee is green coffee which is roasted including that which is ground and
its equivalent weight against green coffee is 1.19.
Decaffeinated coffee is green, roasted or soluble coffee free from caffein and its
equivalent weights against green coffee are set at 1.00, 1.19 and 2.60 respectively.
Soluble coffee is dry coffee soluble in water which originates in roasted coffee and
its equivalent weight against green coffee is 2.60.
Liquid coffee is coffee originating in roasted coffee in the form of solution and its
equivalent weight against green coffee is the net weight of the content of its dry
coffee multiplied by 2.60.
Attachment III
THE MINISTRY OF INDUSTRY AND TRADE REGIONAL OFFICE OF
THE MINISTRY OF INDUSTRY AND TRADE
===========================================================
LETTER OF APPROVAL OF THE EXPORT OF COFFEE (SPEK)
===========================================================
NO.
Pursuant to the Decree of the Minister of Industry and Trade No.
..../MPP/KEP/I/99, in
accordance with the letter of exporter No ……… dated ……., approval of the
export of coffee is herewith granted to:
1.
2.
3.
4.
5.
6.
7.
Name of company
Address
Volume
Quality
Destination countries
Shipment period
Names and addresses of
buyers abroad
:
:
:
:
:
:
:
with the provisions that :
a. SPEK is valid for thirty days up to ………………………
b. In the above mentioned period, the relevant exporter must already settle
sales contracts, receive L/C and close Export Declaration (PEB)
...........
THE EXPORTER
(…………………)
THE HEAD OF REGIONAL OFFICE OF
THE MINISTRY OF INDUSTRY AND TRADE
OF PROVINCE OF ……………..
(……………………………………….)
ATTENTION : SPEK can be issued by the head of the regional office of the
Ministry of Indulltry and Trade in the case of the relevant exporter has already paid
the contribution to AEKI by showing the payment receipt.
This SPEK is
Original sheet
1st copy
2nd copy
3rd copy
4th copy
made out in four copies and delivered to the following parties a
to the Customs and Excise Inspection Office.
: to the foreign exchange bank
: to the Regional Office of the Ministry of Industry and Trade.
: to the Director General of International Trade, in this case, the
Director of Export of Agricultural and Chemicalproduct, Ministry
of Industry and Trade.
: to the relevant exporter