DECREE OF THE MINISTER OF INDUSTRY AND TRADE
NO. 757/MPP/Kep/12/2003 DATED DECEMBER 31, 2003
ON THE PROVISIONAL BAN ON THE IMPORT OF RUMINANT ANIMALS AND THEIR DERIVATIVE PRODUCTS FROM THE UNITED STATES
THE MINISTER OF INDUSTRY AND TRADE,
Considering :
a. that in connection with contagion of mad cow disease or Bovine Spongiform Encephalopathy (BSE) to cows in the United States as declared by the US government and Office International des Epizooties/ OIE on December 23, 2003 and in the framework of protecting the public health and national biological resources as well as preventing BSE from coming and spreading, the import of ruminant animals and their derivative products to Indonesia is banned provisionally; b. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade.
In view of :
1. Trade Ordinance of 1934 (Statute Book of 1938 No. 86);
2. Law No. 16/1992 on animal, fish and plant quarantine (Statute Book of 1992 No. 56, Supplement to Statute Book No. 3482);
3. Law No. 23/1992 on health (Statute Book of 1992 No. 100, Supplement to Statute Book No. 3495);
4. Law No. 7/1994 on ratification of 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 food (Statute Book of 1996 No. 99, Supplement to Statute Book No. 3656); 7. Law No. 8/1999 on consumer protection (Statute Book of 1999 No. 42, Supplement to Statute
Book No. 3821);
8. Government Regulation No. 58/2001 on fostering and supervision over consumer protection (Statute Book of 2001 No. 103, Supplement to Statute Book No. 4126);
9. Presidential Decree No. 260/1967 on the affirmation of tasks and responsibility of the Minister of Trade in the foreign trade sector;
10. Presidential Decree No. 228/M/2001 on the establishment of the Mutual Cooperation Cabinet;
11. Presidential decree No. 102/2001 on the status, tasks, functions, authority, organizational
structures and working arrangements of ministries;
12. Presidential decree No. 109/2001 on first-echelon organizational units and tasks of ministries;
13. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 on import general
provisions;
14. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 on goods subjected to the import control as already amended several times and the latest by Decree of the Minister of Industry and Trade No. 520/MPP/Kep/8/2003;
16. Decree of the Minister of Agriculture No. 445/Kpts/TN.540/72/2002 on the ban on the import of ruminant animals and their products from countries contamined by Bovine Spongiform Encephalopathy;
DECIDES :
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE PROVISIONAL BAN ON THE IMPORT OF RUMINANT ANIMALS AND THEIR DERIVATIVE PRODUCTS FROM THE UNITED STATES.
Article 1
(1) The import of ruminant animals and their derivative products from the United States to the territory of Indonesia shall be prohibited as from the date of stipulation of this decree.
(2) Ruminant animals and their derivative products already arriving at Indonesia's seaports from December 24, 2003 to the date of stipulation of this decree can be released as long as they are accompanied by Bill of Lading, as well as certificate certifying the health of animal issued by the authorized institution in the United States or exporting countries.
(3) The ruminant animals and their derivative products as meant in paragraph (1) are the ruminant animals and their derivative products subsumed into the Tariff Headings as contained in the attachment to this decree.
Article 2
(1) Ruminant animals and their derivative products originating from the United States, which arrive at Indonesia's seaports on or after the date of stipulation of this decree as meant in paragraph (1) and fail to meet the requirements as meant in Article 1 paragraph (1) shall be re-exported or destroyed.
(2) The re-export or destruction of the ruminant animals and derivative products as meant in paragraph (1) shall become responsibility and be at expense of the relevant importers.
Article 3
Violation of the provisions in this decree intentionally or due to negligence shall be liable to sanction in accordance with the provisions of law in force.
Article 4
The decree shall come into force as from the date of stipulation and be reviewed if Office International des Epizooties (OIE) has issued official statement regarding the end of mad cow BSE disease in the United States.
Stipulated in Jakarta On December 31, 2003
THE MINISTER OF INDUSTRY AND TRADE
sgd.
ATTACHMENT
THE LIST OF
RUMINANT ANIMALS AND THEIR DERIVATIVE PRODUCTS WITH THE IMPORT BANNED PROVISIONALLY
No. Tariff Headings Description of Goods
1. 01.02
0102.10.000 0102.90 0102.90.110 0102.90.190 0102.90.900
Live bovine animals
-Pure-bred breeding animals -Other
--Cattle
---Weighing not more than 350 kg --Other 2. 01.04 0104.10 0104.10.100 0104.10.900 0104.20 0104.20.100 0104.20.900
Live sheep and goats -Sheep
--Pure-bred breeding animals --Other
-Goats
--Pure-bred breeding animals --Other
3. 02.01 0201.10.000 0201.20.000 0201.30.000
Meat of bovine animals, fresh or chilled -Carcasses and half-carcasses
-Other cuts with bone in -Boneless
4. 02.02 0202.10.000 0202.20.000 0203.30.000
Meat of bovine animals, frozen Carcasses and half-carcasses -Other cuts with bone in
-Boneless 5. 02.04 0204.10.000 0204.21.000 0204.22.000 0204.23.000 0204.30.000 0204.41.000 0204.42.000 0204.43.000 0204.50.000
Meats of sheep or goats, fresh, chilled or frozen
-Carcasses and half-carcasses of lamb, fresh or chilled -Other meat of sheep, fresh or chilled :
--Carcasses and half-carcasses --Other cuts with bone in
--Boneless
--Carcasses and half-carcasses of lamb, frozen --Other meat of sheep, frozen
--Carcasses and half-carcasses --Other cuts with bone in
--Boneless -Meat of goat
6. 02.06 Edible offal of bovine animals, swine, sheep, goats, horses, asses,
0206.10.000
0206.21.000 0206.22.000 0206.29.000
-Of bovine animals, fresh or chilled -Of bovine animals, frozen
--Tongues --Livers --Others
7. Ex 02.10
0210.20.000
0210.91 0210.91.000 0210.90.000
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal
-Of bovine animal
-Other, including edible flours and meals of meat or meat offal --Of primate
---Salted or in brine ---Brine
8. Ex. 05.04
0504.00.300 0504.00.900
Guts, bladders and stomachs of animals (other than fish), whole and pieces, fresh, chilled, frozen, salted, in brine, dried, smoked (ex. bovine animals, goat and sheep)
-Fresh, chilled or frozen -Other
9. Ex. 05.06
0506.10.000 0506.90.000
Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised, powder ad waste of these products (ex. bovine animal, goat and sheep)
-Ossein and bones treated acid -Other
10. Ex. 05.11
0511.10.000 0511.99
0511.99.110 0511.99.190 0511.99.200
Animal products not elsewhere specified or included, dead animals of Chapter 1 or 3, unfit for human consumption (ex. bovine animals, goat and sheep)
-Bovine semen -Other
--Semen
---Of swine, goats and sheep ---Other
--Sinews and tendons
11. 15.01
1502.00.110 1502.00.190 1502.00.200
1502.00.900
Fats of bovine animals, sheep or goats, other than those of heading no. 15.03
-Raw fat of bovine animals, sheep or goats
-Inedible raw fats of bovine animals for making soap -Other
-Fat rendered, whether or not solvent extracted (including premier jus) obtained from those raw fats
-Other
12. Ex. 15.16
15.16.10 1516.10.100
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or eladinised, whether or not refined but not further prepared (ex. bovine animals, goats, and sheep)
1516.10.900 -Other
13. Ex. 15.17
1517.10 1517.10.100 1517.10.900
1517.90.920 1517.90.930
Margarine, edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading No. 15.15 (ex bovine animal, goats and sheep)
-Margarine, excluding liquid margarine --In airtight container
--Other -Other --Other
--Of animal origin
--Of mixed vegetable and animal origin
14. Ex. 16.01
1601.00.100 1601.00.900
Sausages and similar products, of meat, meat offal or blood, food preparations based on these products (ex bovine animal, goats and sheep)
-Fresh, chilled or frozen -Other
15. Ex. 1602
1602.10.000 1602.20.000 1602.50.000 1602.90 1602.90.100 1602.90.900
Other prepared or preserved meat, meat offal or blood (ex bovine animal, goats and sheep)
-Homogenized preparations -Of liver of animal
-Of bovine animal
-Other, including preparations of animal blood
--Other prepared or preserved meat and meat offal in airtight container
--Other
16. Ex. 21.04
2104.10 2104.10.100 2104.10.900 2104.20.900
Soups and broths and preparations therefore; homogenized composite food preparations (ex bovine animal, goats and sheep) -Soups and broths and preparations therefore
--Soups and broths in liquid, solid or powder --Other
-Homogenized composite food preparations
17. Ex. 21.05
2108.10.000
Food preparations not elsewhere specified or included (ex bovine animal, goats and sheep)
-Protein concentrate and textured protein substances
18. Ex. 23.01
2301.10 2301.10.100 2301.10.900
Flours, meals and pellets of meat or meat offal, of fish or of crustacean, molluscs or other aquatic invertebrates, unfit for human consumption, greaves (ex bovine animal, goats and sheep) -Flours, meals and pellets of meat or meat offal, greaves :
-Meat meal -Other
19. Ex. 23.09
2309.10.000
Preparations of a kind used for animal feeding (ex bovine animal, goats and sheep)
2309.90 2309.90.100
2309.90.912 2309.90.914 2309.90.916 2309.90.919
2309.90.922 2309.90.923 2309.90.929
2309.90.991 2309.90.999
-Other
--Sweetened forage
--Preparations of a kind used for animal feeding --Complete feed
---For swine ---Milk replacer
---Shrimp fry feed in packing of a net weight of not more than 1 kg ---Other
--Complete feed
---Containing antibiotic preparations ---For shrimp feed
---Other --Other
---Meat bone meal and hydrolyzed feather meal ---Other
THE MINISTER OF INDUSTRY AND TRADE
sgd.