AMENDMENT TO THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 67/MPP/Kep/3/2000 ON PROVISIONS CONCERNING EXPORTS QUOTAS
OF TEXTILE AND CLOTHING
(Decree of the Minister of Industry and Trade No. 174/MPP/Kep/5/2000 dated May 25, 2000)
THE MINISTER OF INDUSTRY AND TRADE, Considering :
a. that in the framework of the enhancement of service and boosting of exports of textile and clothing, especially to quota countries, it is necessary to stipulate steps of improvement of a transparent quota management system so that the utilization of quotas becomes more optimal and better assures business certainty for business entities;
b. that in connection with the matter in point a, it is necessary to amend the Decree of the Minister of Industry and Trade No. 67/MPP/Kep/3/2000 and for the purposes, a decree of the Minister of Industry and Trade is issued to this effect.
In view of :
1. Presidential Decree No. 355/M/1999 on the establishment of the cabinet for the 1999-2004 period as already amended by Presidential Decree No. 98/M/2000;
2. Decree of the Minister of Industry and Trade No. 67/MPP/Kep/3/2000 concerning the provisions on export quotas of textile and clothing.
D E C I D E S : To stipulate
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE AMENDMENT TO THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 67/MPP/Kep/3/2000 CONCERNING THE PROVISIONS ON EXPORT QUOTAS OF TEXTILE AND CLOTHING.
Article I
Several provisions in the Decree of the Minister of Industry and Trade No. 67/MPP/Kep/3/2000 shall be amended as follows :
1. Article 6 paragraphs (1) and (4) shall be amended so as to be as follows :
"Article 6
PURE PROVISIONAL QUOTAS LEFT OVER (KSM-S)
(1) Producer ETTPT which can submit applications for securing KSM-S to the Director General of Foreign Trade in this case the Director of Exports of Industrial Products and Minerals shall be ETTPT having past performance of exports for categories and/or groups of the relevant TOT.
(4) The allocation of KSM-S to the respective ETTPT shall be done by the Director General of Foreign Trade through local IPSKET with the provisions as follows :
a. In the case of the number of applicant companies smaller than KSM-S which are available, the KSM-S are allocated to the respective companies amounting to the quantities applied at the maximum."
2. Article 7 paragraph (1) letter b, paragraph (3) and paragraph (9) shall be amended so as to be as follows :
"Article 7
FLEXIBILITY QUOTAS (KF)
b. ETTPT-PMB which can submit applications for securing KF to the Director of Exports of Industrial Products and Minerals are ETTPT having past performance of exports of categories and/or groups of TPT requested.
(3) KF shall be allocated in May of the current quota year.
(9) The allocation of KF to ETTPT-PMB shall be done by the Director General of Foreign Trade with the provisions as follows :
a. In the case of the number of applicant companies smaller than KF which are available, the KF are allocated to the respective companies amounting to the quantities applied at the maximum.
b. In the case of the number of applicant companies bigger than KF which are available, the KF are allocated proportionally to the respective companies on the basis of installed production capacities mentioned in industrial licenses of the relevant companies.
c. The validity period of KF is 4 (four) months starting from the date of issuance of letters of allocation and can not be extended."
3. Article 8 paragraphs (2) and (6) is amended so as to be as follows :
"Article 8
CARRY FORWARD QUOTAS (KP)
(2) Carry forward quotas (KP) can be allocated to ETTPT which have already realized KT in the current quota year and did not transfer or deposit KT of categories and/or group of the relevant TPT amounting 10% or above, by the following means :
a. Starting from January of the current quota year, ETTPT owning KT can submit applications for securing KP amounting to the percentage of KT already realized by the relevant ETTPT at the maximum, and the percentage is in accordance with bilateral agreements on TPT.
b. Starting from June of the current quota year, ETTPT owning KT can submit applications for securing KP higher than 6% to the United States and higher than 5% to the European Union, Canada, Norway and Turkey.
c. The applications for KP as meant in letter b can be processed, if the applicant ETTPT have already realized KT of categories and/or groups of the relevant TPT amounting to 50% or above at the minimum.
d. The applications for the following KP will be processed, if exports of the previous KP have been realized wholly.
e. The allocation of special KP to the United States can be submitted in December of the current quota year with the acquisition of quotas at the maximum of 100% of KT owned, including KP already received previously.
f. In the case of ETTPT having KT and not utilizing part of or all rights to KP in the current quota year, the rights to KP can be utilized by other companies having no KT by using guarantees of companies that have KT and the companies must be ready to have their quotas deducted in the following quota year. g. The allocation of quotas as meant in letter f is done in the form of KF by following the provisions
mentioned in letters a, b, c, d, and e of this article.
h. The validity period of KP is 4 (four) months starting from the date of issuance of letters of allocation and can not be extended.
(6) The quantity of KP already realized shall be included in the following quota year, except if there is no reduction of base-level quotas nationally by export destination countries or realization of national exports is lower than or equal to the base level figure"
4. With the stipulation of this decree, other provisions mentioned in the Decree of the Minister of Industry and Trade No. 67/MPP/Kep/3/2000 shall remain effective.
Article II
For public cognizance, this decree shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On May 25, 2000
THE MINISTER OF INDUSTRY AND TRADE sgd.
