1 DECREE
MINISTER OF INDUSTRY AND TRADE OF ROI NUMBER : 455/MPP/Kep/7/2004
REGARDING
EXCEPTION ON SALT IMPORT PROVISON AND GRANTING OF AUTHORITY
FOR ISSUING APPROVAL OF SALT IMPORT
MINISTER OF NDUSTRY AND TRADE OF ROI
Considering:
a. That need of salt, as supporting raw material for industrial process during the period of import ban as stated in Decree of Minister of Industry and Trade Number 422/MPP/Kep/6/2004, can not be supplied by domestic industry, therefore it is necessary to import the commodity.
b. That considering the above mentioned point a, it is deemed necessary to exclude import of salt for industry pursuant to Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004 regarding Provision of Salt Import as amended with Decree of Minister of Industry and Trade Number 376/MPP/Kep/6/2004; c. In the framework of improving the effectiveness of exception of salt import referred to in point b, it is
deemed to appoint official to issue salt import approval;
d. Therefore it is deemed necessary to issue Decree of Minister of Industry and Trade.
In View of:
1. Law Number 5 Year 1984 regarding Industry (State Gazette Year 1984 Number 22, additional to State Gazette Number 3274);
2. Law Number 7 Year 1994 Ratification of Agreement Establishing The World Trade Organization (State Gazette Year 1994 Number 57, additional to State Gazette Number 3564);
3. Law Number 10 Year 1995 regarding Custom Provision (State Gazette Year 1995 Number 75, additional to State Gazette Number 3612);
4. Government Regulation Number 25 Year 2000 regarding Authority of Government and Authority of Province as Autonomous Region (State Gazette Year 2000 Number 54, additional to State Gazette Number 3952);
5. Presidential Decree of The Republic of Indonesia regarding Duty and Responsibility of Minister of Trade in Foreign Trade Affairs;
6. Presidential Decree of the Republic of Indonesia Number 228/M Year 2001 regarding the Formation of The Gotong Royong Cabinet;
7. Presidential Decree of the Republic of Indonesia Number 102 Year 2001 regarding Position, Duty, Function, Authority, Structure of Organization and Working Procedure of Ministry;
8. Presidential Decree of the Republic of Indonesia Number 109 Year 2001 regarding Organization Unit and Duty of Echelon I of Ministry;
9. Decree of Minister of Industry and Trade Number 229/MPP/Kep/7/1997 regarding General Provision of Import;
10. Decree of Minister of Industry and Trade Number 230/MPP/Kep/7/97 regarding Goods whose import is administered by government as amended several times and lastly with Decree of Minister of Industry and Trade Number 406/MPP/Kep/2004;
11. Decree of Minister of Industry and Trade Number 86/MPP/Kep/3/2001 regarding Organization and Working Procedure of Ministry of Industry and Trade;
2 13. Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004 regarding Salt Import Provision as
amended with Decree of Minister of Industry and Trade Number 376/MPP/Kep/6/2004;
14. Decree of Minister of Industry and Trade Number 422/MPP/Kep/6/2004 regarding Grand Harvest of Salt for The Year 2004.
DECIDE:
Stipulate:
DECREE OF MINISTER OF INDUSTRY AND TRADE REGARDING EXCEPTION ON PROVISON OF SALT IMPORT AND GRANTING OF AUTHORITY FOR ISSUING APPROVAL OF SALT IMPORT.
Article 1
(1) Except salt, as supporting raw material for industrial process during import ban period as stated in Decree of Minister of Industry Number 422/MPP/Kep/6/2004 regarding Grand Harvest Period of People’s Salt for Year 2004, with the following provision:
a. The exception of import of salt as supporting raw material shall be granted only to industry that has obtained approval as salt registered importer pursuant to Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004 regarding Provision of Salt Import as amended with Decree of Minister of Industry and Trade Number 376/MPP/Kep/6/2004;
b. The salt referred to in point a shall only be imported by:
1) registered importer, only for production process for the industry that it owns and not for trade or transfer;
2) registered importer that has sale and purchase contract with other industry which can not import salt by itself. The salt can be sold or transferred to the relevant industry; and.
c. Registered importer which is granted exception during the import ban period shall become a price stabilizer of salt during grand harvest of people’s salt.
(2) Registered importer which want to obtain exception referred to in paragraph (1) shall submit written proposal for obtaining import approval for every performance of its import.
(3) Every performance of salt import that has obtained import approval referred to in paragraph (2) shall be subject to verification on the country of origin of salt pursuant to Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004 excepts on the imported goods that has arrived in Indonesian port at the latest 31 August 2004 as shown by its manifest on goods that has been verified at port of origin under supervision of Custom Office.
(4) Exception provision of salt import during import ban period referred to in paragraph shall apply only during 2004.
Article 2
(1) Stabilization of salt price on domestic market during grand harvest by registered importer which obtains exception of salt import referred to in article 1 paragraph (1) point c, shall be done under the following condition:
a. price stabilization shall be performed if the price of salt K1 and or K2 types (flour) at the pooling agent uploading at truck, fell below Rp145,000 (one hundred forty five thousand rupiah) per ton and Rp100,000 (one hundred thousand rupiah) per ton as mentioned in article 3 paragraph (3) Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004.
3 1. buying salt from salt farmer/ domestic salt producer for raw material or
2. establishing cooperation with third party to buy domestic farmer/domestic salt producer for raw material.
c. The volume of salt that registered importer must buy referred to in point b shall correspond to the amount of salt that it imports or equivalent to the stock of the domestic salt farmer/ domestic salt producer for raw material.
(2) Registered importer obliged to stabilize price referred to in paragraph (1) shall submit:
a. Letter stating its readiness to stabilize domestic salt price or set up a cooperation with third party to purchase salt from farmers/ local salt producer of raw material;
b. Written report on price stabilization activity that it has performed.
Article 3
Any violation to provision referred to in article 1 and article 2 by salt registered importer which is granted import exception during the salt import ban period is subject to sanction by revocation of its import approval.
Article 4
(1) With the stipulation provision referred to in Article1,article 2 and article 3, pursuant to article 17 of Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004 regarding Provision of Salt Import as amended with Decree of Minister of Industry and Trade Number 376/MPP/Kep/6/2004, Minister of Industry and Trade grants authority to Director General of Foreign Trade to issue and sign approval of salt import during the import ban period for registered salt importer.
(2) The authority referred to in paragraph (1) can not be delegated to other officials.
(3) Instruct the official referred to in paragraph (1) to carry out its duty based on the authority as set forth in Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004 regarding Provision of Salt Import as amended with Decree of Minister of Industry and Trade Number 376/MPP/Kep/6/2004.
Article 5
Other Provision in Decree of Minister of Industry and Trade Number 360/MPP/Kep/5/2004 regarding Provision of Salt Import as amended with Decree of Minister of Industry and Trade Number 376/MPP/Kep/6/2004, that do not violate this decree shall continue to apply.
Article 6
This decree shall come into force on the date of stipulation.
For everybody to be aware of it, this decree is ordered to be made public by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On July 26, 2004
