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(1)

THE IMPORT TRADE SYSTEM OF SUGAR

(Decree of the Minister of Industry and Trade No. 364/MPP/Kep/8/1999 dated August 5, 1999)

THE MINISTER OF INDUSTRY AND TRADE Considering :

a. that in the framework of boosting the increase in productivity and efficiency of domestic sugar mills, welfare of farmers as well as continuously observing the interests and health of consumers, it is deemed necessary to improve the trade control of imports of sugar;

b. that in relation thereto, it is necessary to stipulate a decree of the Minister of Industry and Trade.

In view of :

1. Trade Ordinance of 1994 (Statute Book of 1938 No. 86) as already amended and supplemented; 2. Law No. 5/1984 on industry (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3294); 3. Law No. 23/1992 on health affairs (Statute Book of 1992 No. 100, Supplement to Statute Book No.

3495);

4. Law No. 7/1994 on the ratification of the agreement establishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3564);

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

6. Law No. 7/1996 on foods (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656); 7. Presidential Decree No. 260/1967 on the affirmation of the tasks and responsibility of the Minister of

Trade in The field of international trade.

8. Presidential Decree No. 62/1988 on the status, tasks, organizational structures and working arrangements of ministries as already amended several times the latest by Presidential Decree No. 148/1998;

9. Presidential Decree No. 122/M/1998 on the establishment of the development reforms cabinet;

10. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods subject to the import trade system as already amended several times the latest by Decree of the Minister of Industry and Trade No. 290/MPP/Kp/6/1999;

11. Decree of the Minister of Industry and Trade No. 444/MPP/Kep/9/1998 jo. No. 24/MPP/Kep/1/1999 on the organization and working arrangement of the Ministry of Industry and Trade.

D E C I D E S :

To stipulate :

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE IMPORT TRADE SYSTEM OF SUGAR.

Article 1

Referred to in this decree as IP shall be producing importers recognized by the Director General of International Trade and approved to import sugar.

Article 2

Import of sugar can only be done by sugar mills in Java which have already been recognized as IP.

Article 3

(2)

No. HS Number Description of Good Import Trade System Previously 17.01 Cane or beet sugar and

chemically pure surcrose, in solid form

- raw sugar not containing added flavouring or colouring matter

24. 1701.11.000 -- cane sugar IU

25. 1701.12.000 -- beet sugar IU

26. 1701.91.000 -- containing added flavouring or colouring matter

IU

1701.99.110 -- others --- refined white

27. 1701.99.110 ---- packed for retail sale ---- others

IU

28. 1701.99.191 --- sugar for industrial need (double refined sugar )

IU

29. 1701.99.199 --- others IU

30. 1702.99.900 --- others

To become

17.01 Cane or beet sugar and chemically pure surcrose in solid form

- raw sugar not containing added flavouring or colouring matter

24. 1701.11.000 -- cane sugar IP

25. 1701.12.000 -- beet sugar Others :

IP

26. 1701.91.000

1701.99.110

-- containing added flavouring or colouring matter

-- others --- refined white

IP

27. 1701.99.110 ---- packed for retail sale ---- others

IP

28. 1701.99.191 --- sugar for industrial need (double refined sugar)

IP

29. 1701.99.199 --- others IP

30. 1701.99.900 --- others IP

Article 4

(1) In order to secure recognition as IP, the relevant companies shall be obliged to submit applications to the Director General of International Trade by enclosing :

a. Industrial business licences/industrial Registry Numbers or the kind from Technical Ministries/Non-ministrial government institutions overseeing the businesses;

b. Producing importer identities (API-P) or limited importer identities (APIT); c. Corporate Registry Numbers (TDP);

d. Taxpayer Code Numbers (NPWP).

(2) The volumes and kinds of sugar to be imported by IP shall be determined by the Ministry of Industry and Trade or officials appointed by the Minister.

(3) The model of letters of recognition as Producing importers (IP) of sugar and reports on the realization of their imports shall be as meant in specimens in Attachments I and II to this decree.

Article 5

(3)

Article 6

Any violation of the provisions in this decree both intentionally or because of negligence shall be liable to a sanction in the form of revocation of the recognition as IP.

Article 7

The supply of imported sugar regulated in this decree whose date of L/C or other payment system or RIB falls on or before the date of stipulation of this decree shall continue to be realized with the provision that :

a. the imported sugar is in the course of shipment to Indonesian ports and or is being unloaded at Indonesia ports;

b. the import sugar must arrive at Indonesia destination ports not later than 30 (thirty) days as from the date of stipulation of this decree.

c. The exception to the provision in point b above can only be granted by the Director General of International Trade.

Article 8

This decree shall come into force from the date of stipulation up to December 31, 1999.

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

Stipulated in Jakarta On August 5, 1999

THE MINISTER OF INDUSTRY AND TRADE sgd

(4)

ATTACHMENT I :

THE DIRECTORATE GENERAL OF INTERNATIONAL TRADE THE MINISTRY OF INDUSTRY AND TRADE

---RECOGNITION AS PRODUCING IMPORTER (IP) OF SUGAR

NO :

In response to your application on behalf of ... as mentioned in Letter No... date ... date ..., based on the Decree of the Minister of Industry and Trade No... date ... 1999, it is herewith granted :

RECOGNITION AS PRODUCING IMPORTER (IP) OF SUGAR To :

Name/Status of company :

Address of company :

No. Of Industrial Business Licence/Industrial

Registry Number :

API-P/APIT Number :

Corporate Registry Number (TDP) :

Taxpayer Code Number :

With the provision that :

1. The procedure for the import of sugar must follow the provisions on customs procedures in force; 2. Realization of imports is reported in writing to the Director General of International Trade; 3. Any violation of the above mentioned provisions is liable to a sanction in the form of revocation

of this recognition.

Jakarta,

THE DIRECTOR GENERAL OF INTERNATIONAL TRADE

CC :

1. Minister of Industry and Trade;

2. Inspector General of the Ministry of Industry and Trade; 3. Director General of Customs and Excise, Ministry of Finance; 4. Director General of Taxation, Ministry of Finance;

5. Bank Indonesia/Foreign Affairs Division;

6. Director of Imports, Ministry of Industry and Trade; 7. Director of Technical Customs;

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