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(1)

DECISION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE NO. KEP-77/BC/2001 DATED NOVEMBER 30, 2001

THE SECOND AMENDMENT TO THE DECISION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE

NO. KEP-22/BC/2001 ON PACKAGES OF RETAILED TOBACCO PRODUCTS

THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Considering :

that in connection with the issuance of the Decree of the Minister of Finance No. 597/KMK.04/2001 on the stipulation of tariffs of excise and floor prices of tobacco products and the Decision of the Drug and Foods Supervisory Board No. HK.00.05.35.03403 on the transitional period of adjustment of basic colors and writings in cigarette labels, it is necessary to stipulate a decision of the Director General of Customs and Excise on the second amendment to the Decision of the Director General of Customs and Excise No. KEP-22/BC/2001 concerning packages of retailed tobacco products.

In view of :

1. Law No. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);

2. Law No. 11/1995 on excise affairs (Statute Book of 1995 No. 76, Supplement to Statute Book No. 3613);

3. Decree of the Minister of Finance No. 597/KMK.04/2001 on the stipulation of tariffs of excise and floor prices of tobacco products;

4. Decision of the Drug and Foods Supervisory Board No. HK.00.05.35.03403 on the transitional period of adjustment of basic colors and writings in cigarette labels;

5. Decision of the Director General of Customs and Excise No. KEP-22/BC/2001 on packages of retailed tobacco products as already amended by the Decision of the Director General of Customs and Excise No. KEP-27/BC/2001.

DECIDES : To stipulate :

THE DECISION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE ON THE SECOND AMENDMENT TO THE DECISION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE NO. KEP-22/BC/2001 ON PACKAGES OF RETAILED TOBACCO PRODUCTS.

Article I

(2)

Excise No. KEP-22/BC/2001 on packages of retailed tobacco products as already amended by the Decision of the Director General of Customs and Excise No. KEP-27/BC/2001 as follows : 1. To amend the provision in Article 7 so as to entirely read as follows :

"Article 7

(1) The sentence of government warning about the danger of smoking as meant in Articles 2, 4, 5, and 6 can be picked up from one of the following five sentences :

a. "SMOKING CAN CAUSE CANCER AND IMPOTENCE"

b. "SMOKING CAN CAUSE HEART ATTACK AND IMPOTENCE" c. "SMOKING CAN CAUSE PREMATURE AGING AND IMPOTENCE"

d. "SMOKING CAN CAUSE IMPOTENCE, DISTURBANCE TO PREGNANCY AND FETUS"

e. "SMOKING CAN CAUSE CANCER, HEART ATTACK, IMPOTENCE AND DISTURBANCE TO PREGNANCY AND FETUS"

(2) One of the warning sentences as meant in paragraph (1) shall apply to a kind of tobacco products produced by a factory.

(3) The writing and placement of the warning sentence as meant in paragraph (1) shall refer to the following requirements :

a. being mentioned in the wide-edge of packages;

b. being placed in a box with black line of one millimeter and the box base being white; and

c. black-color writing with the size of 3 mm (three millimeters).

(4) Packages of retailed tobacco products whose basic color of box and writings cannot be adjusted because of technical obstacle as meant in paragraph (3) letters b and c shall be given a transitional period up to December 17, 2003.

(5) In the transitional period as meant in paragraph (4), the basic color of box and writing shall be bright with the dark-color writing".

2. To amend the provision in Article 9 so as to entirely read as follows : "Article 9

To content of packages of retailed tobacco products belonging to respective kinds of tobacco products and categories of manufacturers, including imported tobacco products, those destined for domestic sale or given free of charge to employees and third parties shall be stipulated as follows :

Kinds of tobacco products

Categories of manufacturers

(3)

Large 12, 16, 20, and 50 cigarettes

S K M Medium 10, 12, 16, 20, and 50 cigarettes

Small 10, 12, 16, 20, and 50 cigarettes

S P M Large 20 cigarettes

Medium 20 cigarettes

Small 20 cigarettes

S K T Large 10, 12, 16, 20, and50 cigarettes

Medium 10, 12, 16, 20, and 50 cigarettes

Small 10, 12, 16, 20, and 50 cigarettes

Very small 10, 12, and 16 cigarettes

KLB or KLM All categories 6, 10, 12, 16, and 20 cigarettes

C R T All categories Maximally 100 cigarettes

T I S All categories Maximally 2.500 cigarettes

H P T L All categories Maximally 100 grams

Article II

This decision shall come into force as from December 1, 2001.

For public cognizance, this decision shall be published by placing it State Gazette of the Republic of Indonesia.

(4)

On November 30, 2001

THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE sgd.

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