ProdukHukum Perdagangan
DECREE OF
MINISTER OF INDUSTRY AND TRADE
OF THE REPUBLIC OF INDONESIA
NUMBER : 9/MPP/Kep/1/2004
REGARDING
PROVISION OF RICE IMPORT
MINISTER OF INDUSTRY AND TRADE
THE REPUBLIC OF INDONESIA
Considering:
a. that rice is a strategic commodity as staple food for
Indonesians,
accordingly
rice
production,
supply,
procurement and distribution are considerably important in
the framework of sustaining food security, raising income
and welfare of rice farmers as well as keeping people
consumption need stability in general;
b. therefore, it is deemed necessary to issue a Decree of
Minister of Industry and Trade regarding Provision of Rice
Import.
In View of:
1.
2.
3.
4.
Bedrijfsreglementering Ordonnantie 1934 (Staatsblad Year 1938
Number 86) as amended and supplemented;
Law Number 16 Year 1992 regarding Animal, Fish and Plant
Quarantine (State Gazette of 1992 Number 56, Supplement to
State Gazette Number 3482);
Law of Health Number 23 Year 1992 regarding Health (State
Gazette of 1992 Number 100, Supplement to State Gazette
Number 3495);
Law Number 7 Year 1994 regarding Ratification of Agreement
Establishing The World Trade Organization, (State Gazette of
1994 Number 57, Supplement to State Gazette Number 3564);
1
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Law Number 10 Year 1995 regarding Customs Office (State
Gazette Of 1995 Number 75, Supplement to State Gazette Number
3612);
Law Number 7 Year 1996 regarding Food (State Gazette Of 1996
Number 99, Supplement to State Gazette Number 3656);
Law Number 5 Year 1999 regarding the Ban of Monopoly and
Unfair Business Practices (State Gazette of 1999 Number 33,
Supplement to State Gazette Number 3806);
Law Number 8 Year 1999 regarding Consumer Protection (State
Gazette Of 1999 Number 42, Supplement to State Gazette Number
3821);
Government Regulation Number 68 Year 2002 regarding Food
Security (State Gazette of 2002 Number 142, State Gazette
Number 4254);
Presidential Decree of The Republic of Indonesia Number 260
Year 1967 regarding Confirmation on Duty and Responsibility
of Minister of Industry and Trade on Foreign Trade Issues;
Presidential Decree of The Republic of Indonesia Number 228/M
Year 2001 regarding the Gotong Royong Cabinet Formation;
Presidential Decree of The Republic of Indonesia Number 102
Year 2001 regarding Position, Duty, Function, Authority, Re;
Composition
of
Organization
and
Working
Procedure
of
Ministry;
Presidential Decree of The Republic of Indonesia Number 109
Year 2001 regarding Organization Unit and Duty of Echelon I
of Ministry;
Decree
of
Minister
of
Industry
and
Trade
Number
229/MPP/Kep/7/1997 Regarding General Provision of Import
Decree
of
Minister
of
Industry
and
Trade
Number
230/MPP/Kep/7/1997 regarding Imported Good Trade Procedure as
amended several times and lastly amended with Decree of
Minister of Industry and Trade Number 520/MPP/Kep/8/2003;
Decree
of
Minister
of
Industry
and
Trade
Number
86/MPP/Kep/3/2001
Regarding
Organization
and
Working
Procedure of Ministry of Industry and Trade;
Decree
of
Minister
of
Industry
and
Trade
Number
141/MPP/Kep/3/2002 regarding Special Importer Identity Number
(NPIK);
Decree
of
Minister
of
Industry
and
Trade
Number
40/MPP/Kep/1/2003 regarding Importer Identity Number (API).
In View of:
Instruction of President of the Republic of Indonesia Number 9
Year 2002 regarding Stipulation of Rice Policy.
2
DECIDE
Stipulate:
DECREE OF MINISTER OF INDUSTRY AND TRADE OF THE REPUBLIC OF
INDONESIA REGARDING THE PROVISION OF RICE IMPORT.
Article 1
In this decision, the followings shall mean:
1. Rice is:
a. Unhusked rice (paddy or unhulled paddy):
- Post Tariff/HS 1006.10.90.00: others;
b.
hulled rice:
- Post Tariff/HS 1006.20.10.00 : Thai’s rice hom mali;
- Post Tariff/HS 1006.20.90.00 : others;
c. half-milled rice or totally milled, cleaned, shined or not:
- Sweet rice;
- Post Tariff/HS 1006.30.11.00 : intact;
- Post Tariff/HS 1006.30.12.00 : not more than 5% crushed;
-
Post Tariff/HS 1006.30.13.00 : more than 5but less than
10% crushed;
Post Tariff/HS 1006.30.14.00 : more than 10% but less
than 25% crushed;
Post Tariff/HS 1006.30.19.00 : others;
Post Tariff/HS 1006.30.20.00 : semi- rippen;
Post Tariff/HS 1006.30.40.00 : basmati rice;
Post Tariff/HS 1006.30.50.00 : Thai’ rice hom mali;
Others;
Post Tariff/HS 1006.30.61.00 : intact;
Post Tariff/HS 1006.30.62.00 : not more than 5% crushed;
Post Tariff/HS 1006.30.63.00 : more than 5% but less than
10% crushed;
Post Tariff/HS 1006.30.64.00 : more than 10% but less
than 25% crushed;
3
-
Post Tariff/HS 1006.30.69.00 : others;
d. Post Tariff/HS 1006.40.00.00 : crushed rice.
2. Importer is a company as the owner of Importer Identity
Number (API) dealing with commerce of imported goods, either
private company or state/regional-owned corporate.
3. Recommendation is a letter issued by relevant agency/unit
providing
technical
description
but
not
an
import
permit/approval.
4. Minister is Minister of Industry and Trade.
5. Director General is Director General
Ministry of Industry and Trade.
of
Foreign
Trade,
Article 2
Rice referred to in Article 1 item 1 can only be imported by
Importer authorized as Rice Producer Importer, hereinafter
abbreviated as IP Rice, and by an Importer officially appointed
as Registered Importer of Rice, hereinafter abbreviated as IT
Rice.
Article 3
(1)
(2)
Rice import is banned within 1 (one) month period prior to
grand harvest, during grand harvest, and 2 (two) month
after grand harvest.
Grand harvest referred to in paragraph (1) above shall be
stipulated by Minister of Agriculture.
Article 4
(1)
(2)
Rice imported by IP Rice and IT Rice referred to in
Article 2 can only be performed beyond the periods set
out in Article 3 paragraph (1).
Rice import performance by IT Rice referred to in
paragraph (1) can only be unloaded at the destination
port as set forth in the import approval issued by
Director General.
Article 5
(1)
Rice imported by IP Rice referred to in Article 2 shall
be used only as raw material for production process and
not allowed for trade or handover.
4
(2)
Authorization as IP Rice referred to in Article 2 shall
be made by Director General.
(3)
To be authorized as IP Rice referred to in paragraph (2),
an importer shall submit a written application to
Director General attaching:
a.
(4)
(5)
Copy
of
Business
Industrial
Permit/Industrial
Registered Permit or other business permit of the same
kind issued by appropriate agency;
b. Copy of Corporate Registered Permit (TDP);
c. Copy of Tax Payer Number (NPWP);
d. Copy of Producer Importer Identity Figure (API-P) or
Limited Importer Identity Figure (API-T);
e. Copy of Special Importer Identity Number (NPIK);
f. Recommendation
from
Director
General
of
Chemical
Industry, Agro and Forest Products (Director General of
IKAH) Ministry of Industry and Trade.
Authorization as IP Rice pertaining to import approval on
number and type of rice, destination port and shipping
timeline.
Authorization as IP Rice referred to in paragraph (2) shall
be valid at the longest 1 (one) year and be re-extendable.
Article 6
(1)
Upon receiving an application from importer referred to in
Article 5 paragraph (3), Director General approves to issue
or reject such authorization as IP Rice at the latest 10
(ten) business days after the application thereof has been
received.
(2) Standard Form of authorization document as IP Rice is as set
forth in Appendix I of this Decree.
Article 7
(1)
(2)
An importer having been authorized as IP Rice shall be
obliged to report in writing realization of its import to
Director General cq. Director of Import, Ministry of
Industry and Trade on monthly basis, at the latest on 15 th
day of the month during which the import is performed with
copy thereof is sent to Director General of IKAH cq.
Director of Agro Industry, Ministry of Industry and Trade.
Written report form of IP Rice referred to in paragraph (1)
is as set out in Appendix II of this Decree.
Article 8
5
(1)
Appointment as IT Rice, referred to in Article 2 shall be
made by Director General.
(2) To be Appointed as IT Rice referred to in paragraph (1), an
importer shall submit a written application to Director
General attaching:
a. Copy of Business Permit or Other business permit of the
same kind issued by appropriate agency;
b. Copy of Corporate Registered Permit (TDP);
c. Copy of Tax Payer Number (NPWP);
d. Copy of General Importer Identity Figure (API-U);
e. Copy of Special Importer Identity Number (NPIK);
f. Copy of Goods Import Notice (PIB) showing it has at least
3 (three) year experience in import business.
g. Name and address of distributor/sub distributor having
cooperation
with
the
importer
to
distribute
rice
domestically and those acknowledged by Local Provincial
Office for Trade.
(3) Appointment as IT Rice referred to in paragraph (1) shall
be valid at the longest 1 (one) year and be extendable
thereof.
Article 9
(1)
(2)
Upon receiving an application from importer referred to
in Article 8 paragraph (2), Director General approves to
issue or reject such authorization as IT Rice at the
latest 10 (ten) business days as of the application
thereof is received.
Form of Document for Appointment as IT Rice is as
referred to in Appendix III of this Decision.
Article 10
(1)
(2)
(3)
IT
Rice shall obtain approval from Director General
regarding the number and type of rice, destination port
and importing timeline any time it performs rice import.
Import approval referred to in paragraph (1) shall be issued
after considering recommendation of Director General of
Processing and Marketing Development of Agriculture
Product (BPPHP), Department of Agriculture.
Form of rice import approval referred to in paragraph (2) is
set forth in Appendix IV of this Decision.
Article 11
(1) Importer having been approved as IT Rice shall be obliged to
submit a written report on realization of its rice import
to Director General cq. Director of Import, Department of
Industry and Trade on monthly basis, at the latest on 15th
6
(2)
day of the subsequent month of every month import
realization with the copy thereof is sent to Director
General of BPPHP cq. Director of Processing and Marketing
of Food Plant Product, Minister of Agriculture and
Director General of Domestic Trade cq. Director of Market
and Distribution Development, Minister of Industry and
Trade.
The standard form of the Report referred to in paragraph (1)
is a set forth in Appendix V of this Decision.
Article 12
(1)
(2)
Any realization of import by IP Rice and IT Rice shall be
verified first at country of origin of the import.
Technical verification referred to in paragraph (1) shall be
applied also to importation of:
Unhusked rice suitable to be sowed as included in Post Tariff/HS
1006.10.10.00;
(3)
(4)
(5)
Glutinous rice included in Post Tariff/HS 1006.30.30.00;
Rice flour included in Post Tariff/HS 1102.30.00.00;
Other flours included in Post Tariff/HS 1102.90.00.00.
The technical verification referred to in paragraph (1) and
(2) shall be performed by surveyor appointed by Minister.
Upon the implementation verification referred to in
paragraph (3), surveyor is entitled to impose fee on
importer/importer institution/grantor.
To be eligible to perform verification on rice, unhusked
rice suitable to be sowed, glutinous rice, rice flour and
other flour import, a surveyor shall have the following
qualification:
(a) Experience as a surveyor for minimum 5 (five) years;
(b) Has branch office or representative or affiliate
overseas.
(6) Details of procedures of verification or shall be specified
by Director General.
Article 13
Obligation to perform verification referred to in Article 12 does
not apply for importation of rice, unhusked rice suitable to be
sowed, glutinous rice, rice flour and other flour import
constituting:
a. imported goods for research and technology development;
b. sample;
7
c. Personal goods of passenger or crew or crosser of border;
d. Promotional articles;
e. Goods delivered through air courreer service
Article 14
(1) Status as IP Rice or IT Rice shall be revoked
relevant party:
in case the
a. fails to perform its oblitation to submit a written
report twice referred to in Article 7 or Article 11; or
b. under investigation for an alleged criminal action
relating to abuse its status as IP Rice or IT Rice.
(2) Status as IP Rice or IT Rice can be reinstated after the
relevant party has obtained a clarification from Director
General upon its negligence in performing obligation
referred to in Article 7 or Article 11 or the relevant
party is in fact not substantiated to commit a criminal
action relating to the abuse of its status as IP Rice or as
IT Rice.
(3) Revocation of status as IP Rice or IT Rice referred to in
paragraph (1) and the reinstatement of the status set forth
in paragraph (2) shall be done by Director General.
Article 15
(1) Status as IP Rice or IT Rice shall be revoked in
relevant party:
case the
a. fails to perform its obligation to submit a written report
more than 2 (two) times referred to in Article 7 or Article
11;
b. Amend or add and or change any content included in the
acknowledgment document as IP Rice or designation document
as IT rice or in rice import approval; or
c. is declared guilty by court of justice upon a criminal
action relating to the abuse of its status as Rice or IT
Rice.
(2) Revocation of status as IP Rice or IT Rice referred to in
paragraph (1) shall be done by Director General.
Article 16
Any rice importers which importing rice, which such rice arrived
at destination port in the territory of Indonesia at the latest
8
January 20, 2004 shall not be liable to the provision under this
Decree.
Article 17
Verification conducted by surveyor shall not reduce the
authority of Directorate General of Customs Office to conduct
inspection.
Article 18
(1)
(2)
In the framework of supervising the enforcement of this
Decree, a Monitoring Team whose members consist of the
relevant agencies shall be established accordingly.
The structure of organization, the composition of
membership and function of Monitoring Team shall be
stipulated by Director General.
Article 19
Exception of provision set forth under this Decree shall only be
stipulated by Minister.
Article 20
This Decree shall be put into effect as of the date it is
stipulated.
In order to make it familiar with any body, this Decree shall be
promulgated by placing it in the State Gazette of the Republic of
Indonesia.
Stipulated in Jakarta
Date: January 10, 2004
MINISTER OF INDUSTRY AND TRADE OF ROI
RINI M SUMARNO SOEWANDI
9
APPENDIX OF DECISION OF MINISTER OF
INDUSTRY AND TRADE OF ROI
NUMBER
DATE
:
:
9/MPP/Kep/1/2004
January 10 2004
---------------------------------------------------------------LIST OF APPENDICES
1. Appendix I
:
ACKNOWLEDGEMENT AS PRODUCER IMPORTER OF RICE
2. Appendix II
: REPORT ON REALIZATION AND THE CONTRACTOR
USE OF IMPORTED RICE (IP-RICE)
3. Appendix III:
4. Appendix IV :
APPOINTMENT AS REGISTERED IMPORTER OF RICE
RICE IMPORT APPROVAL
5. Appendix V : REPORT ON REALIZATION AND THE USE OF
RICE (IT-RICE)
IMPORTED
MINISTER OF INDUSTRY AND TRADE OF
REPUBLIC OF INDONESIA
RINI M SUMARNO SOEWANDI
10
Appendix I
ACKNOWLEDGEMENT
AS PRODUCER IMPORTER OF RICE
No. :
With respect to the application of ………………. No. ………………….. dated
……………… and upon the consideration of Recommendation letter of
Directorate General of IKAH, Ministry of Industry and Trade No.
………….. dated ………………., based on the Decree of Minister of Industry
and Trade of ROI No. …………. dated ……….., regarding the Provision
of Rice Import, it is hereby granted a status as:
PRODUCER IMPORTER OF RICE
(Post Tariff/HS.No. ………………)
To:
Name of Company
:
Nature of Business
:
Company’s address
:
Responsible Person
:
Company phone/Fax Number
:
Industrial Business Permit Number
:
Producer Importer Identity Figure Number/:
Limited (API-P/T)
Special Importer Identity Number (NPIK)
:
Number of Corporate Registered Permit (TDP)
:
Tax Payer Number (NPWP)
:
Destination Port
:
TOTAL ARTICLES : ……….. (…………………) Ton
11
Under the following provision:
1.
The imported rice is only for ………………. and not for trade or
transfer;
You are obliged to show the original import approval letter
to local Customs Office officials every time you perform
importation activities. The requirement is for completion of
Import Realization Control Card (attached) which covers
verification of total and type of imported commodities;
You are obliged to submit the copy of signed and sealed
Import Realization Control Card referred to in item (2) by
Customs Office Officer to Directorate of Import for every
importation activities at the latest 2 (two) weeks after the
imported goods are taken out from the destination port;
Failure to comply with the obligation to submit the
report is liable to revocation of status as IP Rice;
Status as IP Rice shall be revoked if it amend, add
and/or change the contents included in the acknowledgement as
IP Rice and declared guilty by court of justice on any
criminal action related to the abuse of the status;
Letter of Approval as Rice Producer Importer shall be
valid until …………………
2.
3.
4.
5.
6.
Jakarta,
DIRECTOR GENERAL
OF FOREIGN TRADE
Copy is sent to:
-
Minister of Industry and Trade;
Directorate General of IKAH, Ministry of Industry and Trade
Directorate General of BPPHP, Ministry of Agriculture;
Inspectorate General of Ministry of Indusry and Trade;
Directorate of Customs Office, Ministry of Finance;
Head of Provincial Industry and Trade Office ……………..
Appendix II
REPORT ON REALIZATION AND THE USE OF
RICE IMPORTATION (IP-RICE)
12
(Month : ……………... Year ………………..)
Name of Company
:
Head Office Address
:
Plant’s Address
:
Status as IP Rice
Total
:
No.
Date :
:
Post Tariff/HS No. :
Unloading Port
No.
:
Import Realization
PIB
Total
No.
Volume Value
Realization Realization
of the Use
of
Production
Remark
Jakarta, …………………………..
PT/CV ……………………………
(Director)
Appendix III
APPOINTMENT AS
REGISTRED IMPORTER OF RICE
13
No. :
With respect to the application of ………………. No. ………………….. dated
………………, regarding and based on the Decree of Minister of Industry
and Trade No. …………. dated ……….., regarding the Provision of Rice
Import, it is hereby granted a status as:
REGISTERED IMPORTER OF RICE
To :
Name of Company
:
Nature of Business
:
Company’s address
:
Responsible Person
:
Company phone/Fax Number
:
Industrial Business Permit Number
:
General Importer Identity Figure Number (API-U:
Special Importer Identity Number (NPIK)
:
Number of Corporate Registered Permit (TDP)
:
Tax Payer Number (NPWP)
:
Under the following provision:
a. Appointment as Registered Importer of Rice shall not apply as
approval of import;
b. Report any change of company to Director General of Foreign
Trade at the latest 30 (thirty) days following such change
occurs;
c. Provide data/information and or be preprared for field
inspection (business location/office) if required by the
appropriate authority of Ministry of Industry and Trade;
d. Status as Registered Importer of Rice shall be valid until
……………………;
e. Any violation against the provision set forth in letter a to d
shall be liable to sanction of freezing or revocation as
Registered Importer of Rice.
Jakarta,
14
DIRECTOR GENERAL OF
FOREIGN TRADE
Copy is sent to:
-
Minister of Industry and Trade;
Directorate General of IKAH, Ministry of Industry and Trade
Directorate General of BPPHP, Ministry of Agriculture;
Inspectorate General of Ministry of Indusry and Trade;
Directorate General of Customs and Excise, Ministry of
Finance;
Head of Provincial Industry and Trade Office ……………..
APPENDIX IV
Number
:
Appendix
:
Subject
:
Jakarta,
Rice Import Approval
To:
The director
…………………………
…………………………
Referrering to the Decree of Minister of Industry and Trade
No. …………….. dated ………………., regarding the Provision of Rice Import
and with respect to the application letter of PT. ………………… No.
…………….. dated ……………., concerning the subject mentioned at the
head of letter, it is hereby notified to PT. …………………, owner of :
Rice Registered Importer Number (IT Rice)
:
Number of Business Permit (SIUP)
:
Number of General Importer Identity Figure (API-U):
Special Importer Identity Number (NPIK)
:
Number of Corporate Registered Permit (TDP)
:
15
Number of Tax Payer (NPWP)
:
Is approved to perform import of:
- Type of rice
:
- Post Tariff/HS No.
:
- Total
:
- Destination Port
:
Under the following provision:
1. The implementation of rice import shall be in line with the
provision of the applicable Customs Office procedure;
2. You are obliged to show the original of this import approval
letter to local Customs Office officer for every importation
activities. The requirement is for completion of
Import
Realization Control Card (attached) which covers verification
of total and type of imported commodities;
3. You are obliged to deliver the copy of signed and sealed
Import Realization Control Card referred to in item (2) by
Customs Office Officer to Directorate of Import for every
articles importation activity at the latest 2 (two) weeks
after the imported articles are taken out from the destination
port;
4. Any violations against obligation to submit the report is
liable to freezing sanction as IP Rice;
5. Rice import approval shall be revoked if it amends, adds
and/or changes the contents included in the rice import
approval;
6. This approval shall be effective until …………………
Jakarta,
DIRECTOR GENERAL
OF FOREIGN TRADE
Copy is sent to:
-
Minister of Industry and Trade;
Directorate General of IKAH, Ministry of Industry and Trade
16
-
Directorate General of BPPHP, Ministry of Agriculture;
Inspectorate General of Ministry of Indusry and Trade;
Directorate General of Customs and Excise, Ministry
Finance;
Head of Provincial Industry and Trade Office ……………..
of
Appendix V
REPORT ON REALIZATION AND THE USE OF
RICE IMPORTATION (IT-RICE)
(Month : ……………... Year ………………..)
Name of Company
:
Head Office Address
:
Status as IT Rice
: No.
Date :
Rice Import Approval
: No.
Date:
Total
:
Post Tariff/HS No.
:
Unloading Port
:
Import
Realization
Total
No. Volume Value
No. PIB
Distribution Realization
Name of
Company
Address Total
Remark
Jakarta ……………………………
17
PT/CV ……………………………
(Director)
18
MINISTER OF INDUSTRY AND TRADE
OF THE REPUBLIC OF INDONESIA
NUMBER : 9/MPP/Kep/1/2004
REGARDING
PROVISION OF RICE IMPORT
MINISTER OF INDUSTRY AND TRADE
THE REPUBLIC OF INDONESIA
Considering:
a. that rice is a strategic commodity as staple food for
Indonesians,
accordingly
rice
production,
supply,
procurement and distribution are considerably important in
the framework of sustaining food security, raising income
and welfare of rice farmers as well as keeping people
consumption need stability in general;
b. therefore, it is deemed necessary to issue a Decree of
Minister of Industry and Trade regarding Provision of Rice
Import.
In View of:
1.
2.
3.
4.
Bedrijfsreglementering Ordonnantie 1934 (Staatsblad Year 1938
Number 86) as amended and supplemented;
Law Number 16 Year 1992 regarding Animal, Fish and Plant
Quarantine (State Gazette of 1992 Number 56, Supplement to
State Gazette Number 3482);
Law of Health Number 23 Year 1992 regarding Health (State
Gazette of 1992 Number 100, Supplement to State Gazette
Number 3495);
Law Number 7 Year 1994 regarding Ratification of Agreement
Establishing The World Trade Organization, (State Gazette of
1994 Number 57, Supplement to State Gazette Number 3564);
1
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Law Number 10 Year 1995 regarding Customs Office (State
Gazette Of 1995 Number 75, Supplement to State Gazette Number
3612);
Law Number 7 Year 1996 regarding Food (State Gazette Of 1996
Number 99, Supplement to State Gazette Number 3656);
Law Number 5 Year 1999 regarding the Ban of Monopoly and
Unfair Business Practices (State Gazette of 1999 Number 33,
Supplement to State Gazette Number 3806);
Law Number 8 Year 1999 regarding Consumer Protection (State
Gazette Of 1999 Number 42, Supplement to State Gazette Number
3821);
Government Regulation Number 68 Year 2002 regarding Food
Security (State Gazette of 2002 Number 142, State Gazette
Number 4254);
Presidential Decree of The Republic of Indonesia Number 260
Year 1967 regarding Confirmation on Duty and Responsibility
of Minister of Industry and Trade on Foreign Trade Issues;
Presidential Decree of The Republic of Indonesia Number 228/M
Year 2001 regarding the Gotong Royong Cabinet Formation;
Presidential Decree of The Republic of Indonesia Number 102
Year 2001 regarding Position, Duty, Function, Authority, Re;
Composition
of
Organization
and
Working
Procedure
of
Ministry;
Presidential Decree of The Republic of Indonesia Number 109
Year 2001 regarding Organization Unit and Duty of Echelon I
of Ministry;
Decree
of
Minister
of
Industry
and
Trade
Number
229/MPP/Kep/7/1997 Regarding General Provision of Import
Decree
of
Minister
of
Industry
and
Trade
Number
230/MPP/Kep/7/1997 regarding Imported Good Trade Procedure as
amended several times and lastly amended with Decree of
Minister of Industry and Trade Number 520/MPP/Kep/8/2003;
Decree
of
Minister
of
Industry
and
Trade
Number
86/MPP/Kep/3/2001
Regarding
Organization
and
Working
Procedure of Ministry of Industry and Trade;
Decree
of
Minister
of
Industry
and
Trade
Number
141/MPP/Kep/3/2002 regarding Special Importer Identity Number
(NPIK);
Decree
of
Minister
of
Industry
and
Trade
Number
40/MPP/Kep/1/2003 regarding Importer Identity Number (API).
In View of:
Instruction of President of the Republic of Indonesia Number 9
Year 2002 regarding Stipulation of Rice Policy.
2
DECIDE
Stipulate:
DECREE OF MINISTER OF INDUSTRY AND TRADE OF THE REPUBLIC OF
INDONESIA REGARDING THE PROVISION OF RICE IMPORT.
Article 1
In this decision, the followings shall mean:
1. Rice is:
a. Unhusked rice (paddy or unhulled paddy):
- Post Tariff/HS 1006.10.90.00: others;
b.
hulled rice:
- Post Tariff/HS 1006.20.10.00 : Thai’s rice hom mali;
- Post Tariff/HS 1006.20.90.00 : others;
c. half-milled rice or totally milled, cleaned, shined or not:
- Sweet rice;
- Post Tariff/HS 1006.30.11.00 : intact;
- Post Tariff/HS 1006.30.12.00 : not more than 5% crushed;
-
Post Tariff/HS 1006.30.13.00 : more than 5but less than
10% crushed;
Post Tariff/HS 1006.30.14.00 : more than 10% but less
than 25% crushed;
Post Tariff/HS 1006.30.19.00 : others;
Post Tariff/HS 1006.30.20.00 : semi- rippen;
Post Tariff/HS 1006.30.40.00 : basmati rice;
Post Tariff/HS 1006.30.50.00 : Thai’ rice hom mali;
Others;
Post Tariff/HS 1006.30.61.00 : intact;
Post Tariff/HS 1006.30.62.00 : not more than 5% crushed;
Post Tariff/HS 1006.30.63.00 : more than 5% but less than
10% crushed;
Post Tariff/HS 1006.30.64.00 : more than 10% but less
than 25% crushed;
3
-
Post Tariff/HS 1006.30.69.00 : others;
d. Post Tariff/HS 1006.40.00.00 : crushed rice.
2. Importer is a company as the owner of Importer Identity
Number (API) dealing with commerce of imported goods, either
private company or state/regional-owned corporate.
3. Recommendation is a letter issued by relevant agency/unit
providing
technical
description
but
not
an
import
permit/approval.
4. Minister is Minister of Industry and Trade.
5. Director General is Director General
Ministry of Industry and Trade.
of
Foreign
Trade,
Article 2
Rice referred to in Article 1 item 1 can only be imported by
Importer authorized as Rice Producer Importer, hereinafter
abbreviated as IP Rice, and by an Importer officially appointed
as Registered Importer of Rice, hereinafter abbreviated as IT
Rice.
Article 3
(1)
(2)
Rice import is banned within 1 (one) month period prior to
grand harvest, during grand harvest, and 2 (two) month
after grand harvest.
Grand harvest referred to in paragraph (1) above shall be
stipulated by Minister of Agriculture.
Article 4
(1)
(2)
Rice imported by IP Rice and IT Rice referred to in
Article 2 can only be performed beyond the periods set
out in Article 3 paragraph (1).
Rice import performance by IT Rice referred to in
paragraph (1) can only be unloaded at the destination
port as set forth in the import approval issued by
Director General.
Article 5
(1)
Rice imported by IP Rice referred to in Article 2 shall
be used only as raw material for production process and
not allowed for trade or handover.
4
(2)
Authorization as IP Rice referred to in Article 2 shall
be made by Director General.
(3)
To be authorized as IP Rice referred to in paragraph (2),
an importer shall submit a written application to
Director General attaching:
a.
(4)
(5)
Copy
of
Business
Industrial
Permit/Industrial
Registered Permit or other business permit of the same
kind issued by appropriate agency;
b. Copy of Corporate Registered Permit (TDP);
c. Copy of Tax Payer Number (NPWP);
d. Copy of Producer Importer Identity Figure (API-P) or
Limited Importer Identity Figure (API-T);
e. Copy of Special Importer Identity Number (NPIK);
f. Recommendation
from
Director
General
of
Chemical
Industry, Agro and Forest Products (Director General of
IKAH) Ministry of Industry and Trade.
Authorization as IP Rice pertaining to import approval on
number and type of rice, destination port and shipping
timeline.
Authorization as IP Rice referred to in paragraph (2) shall
be valid at the longest 1 (one) year and be re-extendable.
Article 6
(1)
Upon receiving an application from importer referred to in
Article 5 paragraph (3), Director General approves to issue
or reject such authorization as IP Rice at the latest 10
(ten) business days after the application thereof has been
received.
(2) Standard Form of authorization document as IP Rice is as set
forth in Appendix I of this Decree.
Article 7
(1)
(2)
An importer having been authorized as IP Rice shall be
obliged to report in writing realization of its import to
Director General cq. Director of Import, Ministry of
Industry and Trade on monthly basis, at the latest on 15 th
day of the month during which the import is performed with
copy thereof is sent to Director General of IKAH cq.
Director of Agro Industry, Ministry of Industry and Trade.
Written report form of IP Rice referred to in paragraph (1)
is as set out in Appendix II of this Decree.
Article 8
5
(1)
Appointment as IT Rice, referred to in Article 2 shall be
made by Director General.
(2) To be Appointed as IT Rice referred to in paragraph (1), an
importer shall submit a written application to Director
General attaching:
a. Copy of Business Permit or Other business permit of the
same kind issued by appropriate agency;
b. Copy of Corporate Registered Permit (TDP);
c. Copy of Tax Payer Number (NPWP);
d. Copy of General Importer Identity Figure (API-U);
e. Copy of Special Importer Identity Number (NPIK);
f. Copy of Goods Import Notice (PIB) showing it has at least
3 (three) year experience in import business.
g. Name and address of distributor/sub distributor having
cooperation
with
the
importer
to
distribute
rice
domestically and those acknowledged by Local Provincial
Office for Trade.
(3) Appointment as IT Rice referred to in paragraph (1) shall
be valid at the longest 1 (one) year and be extendable
thereof.
Article 9
(1)
(2)
Upon receiving an application from importer referred to
in Article 8 paragraph (2), Director General approves to
issue or reject such authorization as IT Rice at the
latest 10 (ten) business days as of the application
thereof is received.
Form of Document for Appointment as IT Rice is as
referred to in Appendix III of this Decision.
Article 10
(1)
(2)
(3)
IT
Rice shall obtain approval from Director General
regarding the number and type of rice, destination port
and importing timeline any time it performs rice import.
Import approval referred to in paragraph (1) shall be issued
after considering recommendation of Director General of
Processing and Marketing Development of Agriculture
Product (BPPHP), Department of Agriculture.
Form of rice import approval referred to in paragraph (2) is
set forth in Appendix IV of this Decision.
Article 11
(1) Importer having been approved as IT Rice shall be obliged to
submit a written report on realization of its rice import
to Director General cq. Director of Import, Department of
Industry and Trade on monthly basis, at the latest on 15th
6
(2)
day of the subsequent month of every month import
realization with the copy thereof is sent to Director
General of BPPHP cq. Director of Processing and Marketing
of Food Plant Product, Minister of Agriculture and
Director General of Domestic Trade cq. Director of Market
and Distribution Development, Minister of Industry and
Trade.
The standard form of the Report referred to in paragraph (1)
is a set forth in Appendix V of this Decision.
Article 12
(1)
(2)
Any realization of import by IP Rice and IT Rice shall be
verified first at country of origin of the import.
Technical verification referred to in paragraph (1) shall be
applied also to importation of:
Unhusked rice suitable to be sowed as included in Post Tariff/HS
1006.10.10.00;
(3)
(4)
(5)
Glutinous rice included in Post Tariff/HS 1006.30.30.00;
Rice flour included in Post Tariff/HS 1102.30.00.00;
Other flours included in Post Tariff/HS 1102.90.00.00.
The technical verification referred to in paragraph (1) and
(2) shall be performed by surveyor appointed by Minister.
Upon the implementation verification referred to in
paragraph (3), surveyor is entitled to impose fee on
importer/importer institution/grantor.
To be eligible to perform verification on rice, unhusked
rice suitable to be sowed, glutinous rice, rice flour and
other flour import, a surveyor shall have the following
qualification:
(a) Experience as a surveyor for minimum 5 (five) years;
(b) Has branch office or representative or affiliate
overseas.
(6) Details of procedures of verification or shall be specified
by Director General.
Article 13
Obligation to perform verification referred to in Article 12 does
not apply for importation of rice, unhusked rice suitable to be
sowed, glutinous rice, rice flour and other flour import
constituting:
a. imported goods for research and technology development;
b. sample;
7
c. Personal goods of passenger or crew or crosser of border;
d. Promotional articles;
e. Goods delivered through air courreer service
Article 14
(1) Status as IP Rice or IT Rice shall be revoked
relevant party:
in case the
a. fails to perform its oblitation to submit a written
report twice referred to in Article 7 or Article 11; or
b. under investigation for an alleged criminal action
relating to abuse its status as IP Rice or IT Rice.
(2) Status as IP Rice or IT Rice can be reinstated after the
relevant party has obtained a clarification from Director
General upon its negligence in performing obligation
referred to in Article 7 or Article 11 or the relevant
party is in fact not substantiated to commit a criminal
action relating to the abuse of its status as IP Rice or as
IT Rice.
(3) Revocation of status as IP Rice or IT Rice referred to in
paragraph (1) and the reinstatement of the status set forth
in paragraph (2) shall be done by Director General.
Article 15
(1) Status as IP Rice or IT Rice shall be revoked in
relevant party:
case the
a. fails to perform its obligation to submit a written report
more than 2 (two) times referred to in Article 7 or Article
11;
b. Amend or add and or change any content included in the
acknowledgment document as IP Rice or designation document
as IT rice or in rice import approval; or
c. is declared guilty by court of justice upon a criminal
action relating to the abuse of its status as Rice or IT
Rice.
(2) Revocation of status as IP Rice or IT Rice referred to in
paragraph (1) shall be done by Director General.
Article 16
Any rice importers which importing rice, which such rice arrived
at destination port in the territory of Indonesia at the latest
8
January 20, 2004 shall not be liable to the provision under this
Decree.
Article 17
Verification conducted by surveyor shall not reduce the
authority of Directorate General of Customs Office to conduct
inspection.
Article 18
(1)
(2)
In the framework of supervising the enforcement of this
Decree, a Monitoring Team whose members consist of the
relevant agencies shall be established accordingly.
The structure of organization, the composition of
membership and function of Monitoring Team shall be
stipulated by Director General.
Article 19
Exception of provision set forth under this Decree shall only be
stipulated by Minister.
Article 20
This Decree shall be put into effect as of the date it is
stipulated.
In order to make it familiar with any body, this Decree shall be
promulgated by placing it in the State Gazette of the Republic of
Indonesia.
Stipulated in Jakarta
Date: January 10, 2004
MINISTER OF INDUSTRY AND TRADE OF ROI
RINI M SUMARNO SOEWANDI
9
APPENDIX OF DECISION OF MINISTER OF
INDUSTRY AND TRADE OF ROI
NUMBER
DATE
:
:
9/MPP/Kep/1/2004
January 10 2004
---------------------------------------------------------------LIST OF APPENDICES
1. Appendix I
:
ACKNOWLEDGEMENT AS PRODUCER IMPORTER OF RICE
2. Appendix II
: REPORT ON REALIZATION AND THE CONTRACTOR
USE OF IMPORTED RICE (IP-RICE)
3. Appendix III:
4. Appendix IV :
APPOINTMENT AS REGISTERED IMPORTER OF RICE
RICE IMPORT APPROVAL
5. Appendix V : REPORT ON REALIZATION AND THE USE OF
RICE (IT-RICE)
IMPORTED
MINISTER OF INDUSTRY AND TRADE OF
REPUBLIC OF INDONESIA
RINI M SUMARNO SOEWANDI
10
Appendix I
ACKNOWLEDGEMENT
AS PRODUCER IMPORTER OF RICE
No. :
With respect to the application of ………………. No. ………………….. dated
……………… and upon the consideration of Recommendation letter of
Directorate General of IKAH, Ministry of Industry and Trade No.
………….. dated ………………., based on the Decree of Minister of Industry
and Trade of ROI No. …………. dated ……….., regarding the Provision
of Rice Import, it is hereby granted a status as:
PRODUCER IMPORTER OF RICE
(Post Tariff/HS.No. ………………)
To:
Name of Company
:
Nature of Business
:
Company’s address
:
Responsible Person
:
Company phone/Fax Number
:
Industrial Business Permit Number
:
Producer Importer Identity Figure Number/:
Limited (API-P/T)
Special Importer Identity Number (NPIK)
:
Number of Corporate Registered Permit (TDP)
:
Tax Payer Number (NPWP)
:
Destination Port
:
TOTAL ARTICLES : ……….. (…………………) Ton
11
Under the following provision:
1.
The imported rice is only for ………………. and not for trade or
transfer;
You are obliged to show the original import approval letter
to local Customs Office officials every time you perform
importation activities. The requirement is for completion of
Import Realization Control Card (attached) which covers
verification of total and type of imported commodities;
You are obliged to submit the copy of signed and sealed
Import Realization Control Card referred to in item (2) by
Customs Office Officer to Directorate of Import for every
importation activities at the latest 2 (two) weeks after the
imported goods are taken out from the destination port;
Failure to comply with the obligation to submit the
report is liable to revocation of status as IP Rice;
Status as IP Rice shall be revoked if it amend, add
and/or change the contents included in the acknowledgement as
IP Rice and declared guilty by court of justice on any
criminal action related to the abuse of the status;
Letter of Approval as Rice Producer Importer shall be
valid until …………………
2.
3.
4.
5.
6.
Jakarta,
DIRECTOR GENERAL
OF FOREIGN TRADE
Copy is sent to:
-
Minister of Industry and Trade;
Directorate General of IKAH, Ministry of Industry and Trade
Directorate General of BPPHP, Ministry of Agriculture;
Inspectorate General of Ministry of Indusry and Trade;
Directorate of Customs Office, Ministry of Finance;
Head of Provincial Industry and Trade Office ……………..
Appendix II
REPORT ON REALIZATION AND THE USE OF
RICE IMPORTATION (IP-RICE)
12
(Month : ……………... Year ………………..)
Name of Company
:
Head Office Address
:
Plant’s Address
:
Status as IP Rice
Total
:
No.
Date :
:
Post Tariff/HS No. :
Unloading Port
No.
:
Import Realization
PIB
Total
No.
Volume Value
Realization Realization
of the Use
of
Production
Remark
Jakarta, …………………………..
PT/CV ……………………………
(Director)
Appendix III
APPOINTMENT AS
REGISTRED IMPORTER OF RICE
13
No. :
With respect to the application of ………………. No. ………………….. dated
………………, regarding and based on the Decree of Minister of Industry
and Trade No. …………. dated ……….., regarding the Provision of Rice
Import, it is hereby granted a status as:
REGISTERED IMPORTER OF RICE
To :
Name of Company
:
Nature of Business
:
Company’s address
:
Responsible Person
:
Company phone/Fax Number
:
Industrial Business Permit Number
:
General Importer Identity Figure Number (API-U:
Special Importer Identity Number (NPIK)
:
Number of Corporate Registered Permit (TDP)
:
Tax Payer Number (NPWP)
:
Under the following provision:
a. Appointment as Registered Importer of Rice shall not apply as
approval of import;
b. Report any change of company to Director General of Foreign
Trade at the latest 30 (thirty) days following such change
occurs;
c. Provide data/information and or be preprared for field
inspection (business location/office) if required by the
appropriate authority of Ministry of Industry and Trade;
d. Status as Registered Importer of Rice shall be valid until
……………………;
e. Any violation against the provision set forth in letter a to d
shall be liable to sanction of freezing or revocation as
Registered Importer of Rice.
Jakarta,
14
DIRECTOR GENERAL OF
FOREIGN TRADE
Copy is sent to:
-
Minister of Industry and Trade;
Directorate General of IKAH, Ministry of Industry and Trade
Directorate General of BPPHP, Ministry of Agriculture;
Inspectorate General of Ministry of Indusry and Trade;
Directorate General of Customs and Excise, Ministry of
Finance;
Head of Provincial Industry and Trade Office ……………..
APPENDIX IV
Number
:
Appendix
:
Subject
:
Jakarta,
Rice Import Approval
To:
The director
…………………………
…………………………
Referrering to the Decree of Minister of Industry and Trade
No. …………….. dated ………………., regarding the Provision of Rice Import
and with respect to the application letter of PT. ………………… No.
…………….. dated ……………., concerning the subject mentioned at the
head of letter, it is hereby notified to PT. …………………, owner of :
Rice Registered Importer Number (IT Rice)
:
Number of Business Permit (SIUP)
:
Number of General Importer Identity Figure (API-U):
Special Importer Identity Number (NPIK)
:
Number of Corporate Registered Permit (TDP)
:
15
Number of Tax Payer (NPWP)
:
Is approved to perform import of:
- Type of rice
:
- Post Tariff/HS No.
:
- Total
:
- Destination Port
:
Under the following provision:
1. The implementation of rice import shall be in line with the
provision of the applicable Customs Office procedure;
2. You are obliged to show the original of this import approval
letter to local Customs Office officer for every importation
activities. The requirement is for completion of
Import
Realization Control Card (attached) which covers verification
of total and type of imported commodities;
3. You are obliged to deliver the copy of signed and sealed
Import Realization Control Card referred to in item (2) by
Customs Office Officer to Directorate of Import for every
articles importation activity at the latest 2 (two) weeks
after the imported articles are taken out from the destination
port;
4. Any violations against obligation to submit the report is
liable to freezing sanction as IP Rice;
5. Rice import approval shall be revoked if it amends, adds
and/or changes the contents included in the rice import
approval;
6. This approval shall be effective until …………………
Jakarta,
DIRECTOR GENERAL
OF FOREIGN TRADE
Copy is sent to:
-
Minister of Industry and Trade;
Directorate General of IKAH, Ministry of Industry and Trade
16
-
Directorate General of BPPHP, Ministry of Agriculture;
Inspectorate General of Ministry of Indusry and Trade;
Directorate General of Customs and Excise, Ministry
Finance;
Head of Provincial Industry and Trade Office ……………..
of
Appendix V
REPORT ON REALIZATION AND THE USE OF
RICE IMPORTATION (IT-RICE)
(Month : ……………... Year ………………..)
Name of Company
:
Head Office Address
:
Status as IT Rice
: No.
Date :
Rice Import Approval
: No.
Date:
Total
:
Post Tariff/HS No.
:
Unloading Port
:
Import
Realization
Total
No. Volume Value
No. PIB
Distribution Realization
Name of
Company
Address Total
Remark
Jakarta ……………………………
17
PT/CV ……………………………
(Director)
18