Ministry of Trade of the Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 14/M-DAG/PER/5/2008

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1 Ministry of Trade of the Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 14/M-DAG/PER/5/2008 CONSERNING VERIFICATION OR TECHNICAL SEARCH OF CERTAIN MINING PRODUCT EXPORT BY THE GRACE GOD THE ALMIGTHY THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA, Considering : a. whereas to improve the supervision of export of certain mining product and overcome the illegal export of certain mining product; b. whereas in relation to any matters in item a, it is necessary to make verification and technical survey of export of certain mining product; c. whereas in this respect, it is necessary to stipulate the Regulation of the Minister of Trade. In view of : 1. Bedrijfsreglementerings Ordonantie 1934 (State Gazette of 1938 Number 86); 2. Law Number 8 Prp of 1962 concerning Trade of Goods in Supervision (State Gazette of the Republic of Indonesia of 1962 Number 42, Supplement to the State Gazette of the

2 Regulation of the Minister of Trade of the Republic of Indonesia Number: 14/M-DAG/PER/5/2008 Republic of Indonesia t Number 2409); 3. Law Number 11 of 1967 concerning Principles of Mining (State Gazette of the Republic of Indonesia of 1967 Number 22, Supplement to the State Gazette of the Republic of Indonesia Number 2831); 4. Law Number 7 of 1994 concerning Ratification of the Agreement Establishing the World Trade Organization (State Gazette of the Republic of Indonesia of 1994 Number 57, Supplement to the State Gazette of the Republic of Indonesia Number 3564); 5. Law Number 10 of 1995 concerning Customs (State Gazette of the Republic of Indonesia of 1995 Number 75, Supplement to the State Gazette of the Republic of Indonesia Number 3612) as already amended by the Law Number 17 of 2006 (State Gazette of the Republic of Indonesia of 2006 Number 1993, Supplement to the State Gazette of the Republic of Indonesia Number 4661); 6. Law Number 23 of 1997 concerning Environmental Management (State Gazette of the Republic of Indonesia of 1997 Number 68, Supplement to the State Gazette of the Republic of Indonesia Number 4327); 7. President Decree Number 260 of 1967 concerning Confirmation of Tasks and Responsibilities of the Minister of Trade in Foreign Trade Sector; 8. President Regulation of of the Republic of Indonesia Number 33 of 2002 concerning Sea Sand Management Control and Supervision; 9. Decree of the President of the Republic of Indonesia Number 187/M of 2004 conserning Establishment of Indonesia Bersatu Cabinet, as already several times recently amended by the Decree of the President of the Republic of Indonesia Number 171/M of 2005; - 2 -

3 Regulation of the Minister of Trade of the Republic of Indonesia Number: 14/M-DAG/PER/5/ President Regulation Number 9 of 2005 concerning Position, Task, Function, Organizational Composition and Work System of the Ministry of the Republic of Indonesia as already amended several times recently by the Regulation of President of the Republic of Indonesia Number 94 of 2006; 11. Regulation of the President of the Republic of Indonesia Number 10 of 2005 concerning Organization Unit and Task of Echelon I of State Ministries of the Republic of Indonesia as already amended several times recently by the Regulation of the President of the Republic of Indonesia Number 17 of 2007; 12. Minister Decree Indonesia Number 588/MPP/Kep/12/1998 concerning General Provisions in Export Sector as already amended several times, recently by the Regulation of Ministry of Trade Republic of Indonesia Number 01/M- DAG/PER/1/2007; 13. Minister of Finance Decree Number 545/KMK.01/2003 concerning Stipulation of Import Goods Classification System; 14. Regulation of the Minister of Trade of the Republic of Indonesia Number 01/M-DAG/PER/3/2005 concerning Organization and Work System of the Ministry of Trade as amended several times recently by the Regulation of Ministry of Trade Republic of Indonesia Number 34/M- DAG/PER/8/2007; 15. Regulation of the Minister of Finance of the Republic of Indonesia Number 103/PMK.04/2006 concerning Use of Notification on Customs of Single Administrative Document in Batam, Bintan and Karimum Islands; 16. Regulation of the Minister of Finance of the Republic of Indonesia Number 110/PMK.010/2006 concerning Stipulation of Goods Classification System and Imposition - 3 -

4 Regulation of the Minister of Trade of the Republic of Indonesia Number: 14/M-DAG/PER/5/2008 of Import Duty Rate to Import Goods; Taking account into : Letter of the Director General of Mineral, Coal and Geothermal No. 1553/07.07/DJB/2007 dated August 28, 2007, concerning proposal on verification; DECIDES: To Stipulate : REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA CONSERNING VERIFICATION OR TECHNICAL SEARCH OF CERTAIN MINING PRODUCT EXPORT. Article 1 In this Regulation of the Minister, by: 1. Technical verification shall mean the research and examination of export goods carried out by the surveyor before loading the goods. 2. Surveyor shall mean the survey company obtaining authority from and stipulated by the Minister of Trade to carry out the verification and technical search to the certain mining product export. 3. Customs Office shall mean the office within the territory of the Directorate General of Customs and Excise as the place of fulfillment of customs obligation according to the Law on Customs. 4. Dirjen Minerbapabum shall mean the Director General of Mineral, Coal and Geothermal of the Ministry of Energy and Mineral Resources. 5. Dirjen Daglu shall mean the Director General of Foreign Trade of the Ministry of Trade. 6. Minister shall mean the Minister of Trade

5 Regulation of the Minister of Trade of the Republic of Indonesia Number: 14/M-DAG/PER/5/2008 Article 2 (1) Every implementation of export of certain mining product shall firstly be subjected to verification or technical search. (2) Certain type of mining product as referred to in paragraph (1) shall be as per Annex I hereto. Article 3 (1) Verification or technical search as referred to in Article 2 paragraph (1) shall be made before the loading of goods by the Surveyor appointed by the Minister. (2) Technical verification by the surveyor as referred to in paragraph (1) shall cover: 1. research and examination of the data or information at least regarding the administrative and technical validity of origin of mining products; 2. determination of number of goods; 3. determination of type and specification of goods covering Tariff Post/HS Number through the qualitative analysis in the laboratory; and 4. time of shipment and loading port. (3) The result of verification and technical search already made by the surveyor as referred to in paragraph (1) shall be contained in terms of Surveyor Report (LS) for use as customs complementary document required for registration of Notification on Goods Export (PEB) or Notification on Single Administrative Document (PPSAD) to the Customs Office already applied it. (4) The costs incurred for implementation of verification or technical search of export of certain mining product made by the Surveyor shall be borne by the exporter. (5) For the implementation of verification or technical search of export of certain mining product he made, the Surveyor shall the fee for service he gave at amount determined by - 5 -

6 Regulation of the Minister of Trade of the Republic of Indonesia Number: 14/M-DAG/PER/5/2008 taking into account the benefit principle. Article 4 (1) The stipulation of Surveyor by the Minister as referred to in Article 3 paragraph (1) can only be made to the Surveyor fulfilling the following requirements: a. have a business license as a Surveyor; b. experienced as a Surveyor of the mining product at least 3 (three) years; and c. has the expertise and complete equipment as well as laboratory in the region according to the scope of their tasks. (2) To be designated as the executive of verification or technical search, the survey company shall submit the written application to the Minister of Trade with carbon copy to the Dirjen Daglu by attaching: a. photocopy of Survey Service Business License (SIUJS); b. photocopy of Company Registration (TDP); c. photocopy of Taxpayer Reference Number (NPWP); d. remarks of working territory of the company, such as address of head office, branch office and the location of laboratory; e. remarks on type of mining product that had been verified; f. list of experts equipped with a Curriculum Vitae (DRH) and the work site by using the format as per Annex II and Annex III; g. evidence of ownership of laboratory or joint use of laboratory; and h. list of laboratory equipment/instrument by using the format as per Annex IV

7 Regulation of the Minister of Trade of the Republic of Indonesia Number: 14/M-DAG/PER/5/2008 Article 5 (1) The Surveyor as referred to in Article 3 paragraph (1) shall submit a written monthly report on the verification and technical search activities he implemented. (2) The written report as referred to in paragraph (1) shall be submitted to the Dirjen Daglu in this case the Director for Industrial and Mining Products Export and the Dirjen Minerbapabum, in this case the Director for Mineral and Coal Mining Development, in the first week of next month. (3) The Surveyor shall ensure that the goods exported are according to that stated in the Surveyor Report (LS) as referred to in Article 3 paragraph (3). (4) The surveyor shall submit the recapitulation of the Surveyor Report (LS) as referred to in Article 3 paragraph (3) by monthly by using the format as per Annex V. Article 6 The stipulation of Surveyor as executive of verification shall be revoked if the surveyor as referred to in article 3 paragraph (1): a. fails to carry out the obligation as referred to in Article 5 paragraph (1) and paragraph (4) 2 (two) times within 1 (one) year; and/or b. fails to carry out the obligation as referred to in Article 5 paragraph (3). Article 7 Further provisions on implementation of this Regulation of the Minister may be stipulated by the Dirjen Daglu. Article 8 This Regulation of the Minister shall become effective 2 (two) months as of the stipulation date. For public cognizance, it is ordered to promulgate this - 7 -

8 Regulation of the Minister of Trade of the Republic of Indonesia Number: 14/M-DAG/PER/5/2008 Regulation of the Minister by publishing the same in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta Date : May 5, 2008 MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA signed MARI ELKA PANGESTU - 8 -

9 ATTACHMENT TO REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER : 53/M-DAG/PER/12/2008 DATE : December 12, 2008 LIST OF APPENDICES 1. APPENDIX I : FORM OF APPLICATION FOR IUP2T, IUPP AND IUTM 2. APPENDIX II : PLAN OF PARTNERSHIP WITH UMKM MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA signed MARI ELKA PANGESTU Copy corresponds with the original Secretariat General of Ministry of Trade Plt. Head of Legal Bureau, signed Rahayubudi

10 Attachment I Regulation of the Minister of Trade of the Republic of Indonesia Number : 53/M-DAG/PER/12/2008 Dated : December 12, 2008 FORM OF APPLICATION FOR MANAGEMENT BUSINESS PERMIT OF TRADITIONAL MARKET/SHOPPING CENTER/MODERN STORE Number : Encl. : 1 (one file) Re. : Application for Management Business Permit of Traditional Market/Shopping Center/Modern Store *) To: ISSUER OFFICIAL In.. I, the undersigned, hereby submit the application for Business Management permit of Traditional Market (IUP2T)/ Modern Store Business Permit (IUTM)/Shopping Center Business Permit (IUPP) *): I. IDENTITY OF APPLICANT 1. Name : 2. Position in Company : 3. Residential address : 4. Postal code : 5. Phone/Fax Number : 6. ID Card/Passport Number : 7. Nationality : II. COMPANY S IDENTITY 1. Company : 2. Director/Person in Charge : 3. Address : 4. Phone/Fax Number : 5. Village/Desa : 6. Sub-district : 7. Zip code :

11 Attachment I Regulation of the Minister of Trade of the Republic of Indonesia Number : 53/M-DAG/PER/12/2008 Dated : December 12, District/City/ Municipality : 9. Province : III. IV. COMPANY s LEGALITY 1. Company s Form : Limited Liability Company/Cooperatives/CV/Firm *) 2. Copy of Deed of Establishment : 3. Copy Deed of Amendment (if any); : SHARE AND CAPITAL OWNERSHIP 1. Capital : 2. Shares (especially for investor) a. Total Value of Share : b. Composition of Share Ownership b.1. National : % (Percent) b.2. Foreign : % (Percent). 3. Company s Status : PMDN/PMA/Non Domestic/Non-PMA *) V. IDENTITY OF TRADITIONAL MARKET/SHOPPING CENTER/MODERN STORE 1. Name of Traditional Market/Shopping Center/Modern Store: Area of land/building : Land m2, Building... m2 3. Sale Floor area :. m2 4. Parking lot area :. m2 5. Parking Capacity :. Four-Wheel car 6. Address :.. 7. Village of/desa :. 8. Sub-district of :. 9. Postal code :. 10. District of/city :

12 Attachment I Regulation of the Minister of Trade of the Republic of Indonesia Number : 53/M-DAG/PER/12/2008 Dated : December 12, Province :. Special Addition to Shopping Center: 1. Total Traders : Traders a. UKM : Traders b. Major Tenant : Traders Anchor Tenant (if any) 2. Major Tenant/Anchor Tenant a..., Sale Floor Area M2 b..., Sale Floor Area M2 c..., Sale Floor Area M2 VI. LEGALITY OWNED (attached) 1. Copy of Agreement in Principle of establishment issued by the District Head/Mayor or Governor for the Special Region Jakarta Capital; 2. Result of Analysis of Community s Socio-Economic Condition; a. Name of Consultant : b. Address of Consultant : 3. Copy of Site Permit from the National Land Board (BPN); 4. Copy of Hindrance Act (HO); 5. Copy of Building Construction Permit (IMB); 6. Copy of Building Use Right (HGB); 7. Copy of Company Registration (TDP); 8. Ownership of Modern Store by foreign company shall attach the copy of permit from the Investment Coordinating Board (BKPM); 9. Plan of Partnership with UMKM and Cooperatives; 10. Statement on truth of requirement document of application for Shopping Center Business Permit (IUPP); 11. Statement on capability to perform according to the prevailing Legislation. Especially for Traditional Market and Modern Store integrated in the Shopping Center:

13 Attachment I Regulation of the Minister of Trade of the Republic of Indonesia Number : 53/M-DAG/PER/12/2008 Dated : December 12, Result of Analysis of Community s Socio-Economic Condition; a. Name of Consultant : b. Address of Consultant : 2. Copy of IUPP of Shopping Center or other building as the place of establishment of Traditional Market or Modern Store; 3. Copy of Company Registration (TDP); 4. Copy of Deed of Establishment of the Company and its ratification; 5. Statement on truth of requirement document of application for Traditional Market Management Business Permit (IUP2T) or Modern Store Business Permit (IUTM); 6. Plan of Partnership with Micro or Small Scale Business for Shopping Center or Modern Store; 7. Statement on capability to perform and comply with the prevailing provisions; In witness whereof, this application is truly made and in case of error or false data or information and remarks found herein, we declare that we are prepared to be subjected to revocation of permit already issued and subjected to claim according to the prevailing legislation. Note: *) delete as appropriate..., Name and Signature of the Company s Person in charge Company s seal and duly stamp

14 Attachment I Regulation of the Minister of Trade of the Republic of Indonesia Number : 53/M-DAG/PER/12/2008 Dated : December 12, 2008 PLAN OF PARTNERSHIP WITH MICRO AND SMALL SCALE BUSINESS 1. Name and address of each party : 2. Form and scope of business activity : 3. Partnership pattern used : 4. Rights and obligations of each party : 5. Sanction in case of failure to perform the content of agreement already agreed : 6. Effectiveness term of agreement : 7. Procedure of Dispute Resolution : 8. Form of building made to Micro and Small Scale Business; : 9. Payment term :...,. Person in charge Company s seal and duly stamp.. Translated from Indonesian Language Jakarta, October 1, 2010 Authorized and Sworn Translator, FIKRI SAID OBED