Ministry of Trade Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 12/M-DAG/PER/4/2008 CONCERNING

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Transcription:

Ministry of Trade Republic of Indonesia REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER: 12/M-DAG/PER/4/2008 CONCERNING PROVISIONS ON RICE IMPORT AND EXPORT BY THE GRACE OF GOD THE ALMIGHTY THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA, Considering : a. whereas rice is a strategic commodity as food stuff for the Indonesian community, therefore the rice production, supply, procurement and distribution activities become very vital for food resilience, increase in income and welfare of rice farmers, consumer s interest as well as to create the national economic stability; b. whereas to attain the food resilience, increase in income and welfare of rice farmers, as well as to create the national economic stability, it requires more effective and adequate policy support, especially policy on rice import and export; c. whereas the Minister of Industry and Trade Decree Nomber 9/MPP/Kep/1/2004 concerning Provisions on Rice Import, as already amended several times, recently by the Decree of the Minister of Industry and Trade No. 368/MPP/Kep/5/2004 is no longer in accordance with the

current condition, so it is necessary to revoke and re-set forth it; d. whereas in this respect in letter a, letter b and letter c, 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 3 of 1982 concerning Company Register (State Gazette of 1982 Number 7, Supplement to State Gazette Number 3214); 3. Law Number 16 of 1992 concerning Animal, Fish and Vegetation Quarantine (State Gazette of the Republic of Indonesia of 1992 Number 56, Supplement to State Gazette of the Republic of Indonesia Number 3482); 4. Law Number 7 of 1994 concerning Ratification of the Agreement Establishing the World Trade Organization (Supplement to State Gazette 1994 Number 57, Supplement of State Gazette Number 3564); 5. Law Number 10 of 1995 concerning Customs (State Gazette of 1995 Number 75, Supplement to State Gazette of the Republic of Indonesia Number 3612) as already amended by the Law of the Republic of Indonesia Number 17 of 2006 (State Gazette of the Republic of Indonesia of 2006 Number 1993, Supplement to State Gazette of the Republic of Indonesia Number 4661); 6. Law Number 7 of 1996 concerning Food (State Gazette of the Republic of Indonesia of 1996 Number 99, Supplement to State Gazette of the Republic of Indonesia Number 3656); - 2 -

7. Law of the Republic of Indonesia No. 5 of 1999 concerning Ban on Monopoly Practices and Unfair Business Competition (State Gazette of the Republic of Indonesia Of 1999 Number 33, Supplement to State Gazette of the Republic of Indonesia Number 3817); 8. Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection (State Gazette to the Republic of Indonesia Of 1999 Number 42, Supplement to State Gazette of the Republic of Indonesia Number 3821); 9. Government Regulation Number 14 of 2002 concerning Plant Quarantine (State Gazette of the Republic of Indonesia of 2002 Number 35, Supplement to State Gazette of the Republic of Indonesia Number 4196); 10. Government Regulation Number 68 of 2002 concerning Food Resilience (State Gazette of the Republic of Indonesia Of 2003 Number 142, Supplement to State Gazette of the Republic of Indonesia Number 4254); 11. President Decree Number 260 of 1967 concerning Confirmation on Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector; 12. President Decree Number 187 / M of 2004 concerning 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; 13. Regulation of the President of the Republic of Indonesia Number 9 of 2005 concerning Position, Task, Function, Organizational Composition and Work System of the Ministry of the Republic of Indonesia as already amended - 3 -

several times recently by the Regulation of President of the Republic of Indonesia Number 94 of 2006; 14. 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; 15. Minister of Industry and Trade Decree Number 229/MPP/Kep/7/1997 concerning regarding General Provisions on Import; 16. Minister of Industry and Trade Decree Number 230/MPP/Kep/7/97 concerning regarding Goods of which the Import Commercial Arrangement is Regulated as already amended several times, recently by the Decree of Minister of Industry and Trade No. 789/MPP/Kep/12/2002; 17. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning regarding General Provisions in Export Sector as already amended several times, recently by the Regulation of Minister of Trade Number 01/M-DAG/PER/1/2007; 18. Decree of the Minister of Industry and Trade No. 141/MPP/Kep/3/2002 concerning regarding Special Importer Identity Number (NPIK) as already amended by the Regulation of Minister of Trade Number 07/M- DAG/3/2008; 19. 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 the - 4 -

Ministry of Trade Republic of Indonesia Number 34/M- DAG/PER/8/2007; 20. Regulation of the Minister of Trade of the Republic of Indonesia Number 31/M-DAG/PER/7/2007 concerning Importer Identity Number (API); Taking into Account : 1. Instruction of the President of the Republic of Indonesia Number 3 of 2007 concerning Policy on Rice Affairs; 2. Decree of the Coordinating Minister for Economic Affairs Number: KEP-44/M.EKON/08/2007 concerning Staple Food Stabilization Coordination Team; HAS DECIDED: To Stipulate : REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA CONCERNING PROVISIONS ON RICE IMPORT AND EXPORT CHAPTER I GENERAL PROVISIONS Article 1 In this Regulation of the Minister: 1. Rice shall mean grain whether un-husked or husked, processed or not processed from Oriza sativa species, with detail of rice varieties as listed in the Attachment I in this Regulation of the Minister. 2. Rice imports for price stabilization, emergency response, the poor and food susceptibility shall mean the procurement of rice from overseas as a reserve that can be used at any time by the Government. - 5 -

3. Rice imports for certain purpose shall mean the procurement of rice from overseas related to health factors / dietary, special consumption or certain segments and the procurement of seed as well as to meet the needs of industrial raw/auxiliary materials not or not yet fully fulfilled from domestic resources. 4. Grant rice import shall mean the procurement of rice from overseas by any institutions/social organizations or government agencies for distribution to communities in Indonesia and not for sale. 5. Rice importer shall mean any company running in rice import activities. 6. Rice Producer Importer, hereinafter referred to as IP-Rice shall mean a rice-based-product processing industry recognized and approved by the Director General to import certain rice needed or required solely of raw / auxiliary materials of its industrial production processes. 7. Rice Exports shall mean rice release activities from Customs Territory. 8. Rice Exporter shall mean any companies running rice export. 9. Recommendation shall mean a letter issued by the official of institution and relevant units authorized to provide technical explanation and not serving as import and export license/approval. 10. Coordination Team shall mean Coordination Team for Staple Food Stabilization established by the Coordinating Minister for Economic Affairs to coordinate the staple food stabilization. - 6 -

11. Director General shall mean the Director General of Foreign Trade, Ministry of Trade. 12. Minister shall mean the Minister of Trade. Article 2 Rice varieties that can be imported and exported shall be those as listed in Annext II, Annext III hereto CHAPTER II RICE IMPORT PRICE FOR STABILIZATION, EMERGENCY RESPONSE, POOR AND FOOD SUSCEPTIBILITY Article 3 (1) Rice that can be imported for price stabilization, emergency response, the poor and food susceptibility shall be the Rice (tariff heading/hs 1006.30.90.00) provided that the highest broken rice rate is 25% (twenty five percent). (2) Rice as referred to in paragraph (1) can only be imported beyond the period of 1 (one) month before big harvest, during harvest big season, and 2 (two) months after big harvest. (3) The big harvest season as referred to in paragraph (2) shall be determined by the Ministry of Agriculture. (4) The rice import as referred to in paragraph (2) may be exempted by the Minister only based on an agreement of the Coordination Team. Article 4 (1) Rice import as referred to in Article 3 paragraph (1) can only be implemented by the Public Company BULOG. - 7 -

(2) To be eligible for appointment as the importer as referred to in paragraph (1), Public Company BULOG shall submit a written request to the Minister by attaching: a. photocopy of the General Importer Identification Number (API-U); b. photocopy of Special Importer Identification Number (NPIK) Rice; c. photocopy of the Taxpayer Identification Number (TIN); and d. photocopy of Customs Identification Number (NIK). (3) The Public Company BULOG as referred to in paragraph (1) may import rice after obtaining approval from the Minister of imports based on an agreement of Coordination Team meeting. (4) Import license as referred to in paragraph (3) shall contain at least information on: a. the rice type and volume; b. broken rice degree; c. country of origin; d. port of destination; and e. the validity period of import license. (5) Rice imports referred to in paragraph (1) shall be packaged in containers with a clear identity mentioning at least information on: a. the rice type and volume; b. broken rice degree; - 8 -

c. country of origin; d. name and address of the importer. CHAPTER III IMPORT OF RICE FOR SPECIFIC PURPOSE Article 5 (1) Rice can be imported for specific purposes relating to health/dietary and special consumption/certain segment as well as for the procurement of seeds as listed in Attachment II in this Regulation of the Minister. (2) The rice import as referred to in paragraph (1) can only be made by the importer already gaining import license from the Director General on behalf of the Minister. (3) To obtain import license as referred to in paragraph (1), the importer shall submit a written application to the Minister, in this case the Director General by attaching: a. photocopy of the General Importer Identification Number (API-U) or Importer Identity Number (API-T); b. photocopy of Special Rice Importer Identification Number (NPIK); c. photocopy of the Taxpayer Identification Number (TIN); d. photocopy of Customs Identification Number (NIK); e. recommendation from the Director General of Processing and Marketing of Agricultural Produces, Department of Agriculture; and f. a statement from the foreign exchange bank stating that the applicant has financial capability fulfilling - 9 -

banking requirement to support the issue of L/C. (4) In response to the written application as referred to in paragraph (3), the Director General may issue the approval or denial to application within no later than 5 (five) business days after receipt of the application. Article 6 Rice imports referred to in Article 5 shall be packaged in container that mentions the remarks on label at least: a. the rice type and volume; b. broken rice degree; c. country of origin; and d. name and address of the importer. Article 7 (1) Rice that can be imported for specific purposes to meet the industrial need as raw/auxiliary materials that the rice is not or not yet fully produced in the home country shall be as listed in Attachment II in this Regulation of the Minister. (2) Imports of rice as referred to in paragraph (1) can only be made by importers already acknowledged as an IP-Rice by the Director General on behalf of the Minister. (3) Rice imported as referred to in paragraph (1) shall not be traded nor transferable. (4) To obtain acknowledgment as IP-Rice, the importer shall submit a written application to the Minister, in this case the Director General by attaching: a. photocopy Manufacturer Importer Identity Number (API-P) or Limited Importer Identification Number - 10 -

(API-T); b. photocopy of Rice Special Importer Identification Number (NPIK); c. photocopy of the Taxpayer Identification Number (TIN); d. photocopy of Customs Identification Number (NIK); e. recommendation from the Director General of Agro and Chemical Industries (IAK), the Ministry of Industry and Director General of Processing and Marketing of Agricultural Produces, Department of Agriculture; and f. a statement from the foreign exchange bank stating that the applicant has financial capability fulfilling banking requirement to support the issue of L/C. (5) In response to the written application as referred to in paragraph (4), the Director General may issue the approval or denial to the application for acknowledgment as an IP, within not later than 5 (five) business days after receipt of the application. (6) Acknowledgment as IP-Rice as referred to in paragraph (4), shall serve as an import approval relating to: a. the rice type and volume; b. broken rice degree; c. port of destination; d. name and address of the importer. e. validity period of import license. - 11 -

CHAPTER IV RICE IMPORT FROM GRANT Article 8 (1) Rice that can be imported sourced from grant shall mean the Rice other than (tariff post/hs 1006.30.19.00 and 1006.30.90.00) with the highest broken rice rate of 25% as listed in Attachment II. (2) Import of rice as referred to in paragraph (1) may only be made by the institutions/social organizations or government agencies, unnecessarily having Importer Identity Number (API) and the Special Importer Identification Number (NPIK). (3) Rice import as referred to in paragraph (1) shall be packaged in a package with a clear identity, at least about: a. the rice type and volume; b. broken rice degree; c. country of origin/grantor agencies; and d. institution receiving grant. Article 9 (1) Implementation of rice import as referred to in Article 8 paragraph (1) may only be made by the institutions/social organizations or government agencies after obtaining import license from the Director General on behalf of the Minister. (2) To obtain import approval referred to in paragraph (1), institutions/social organizations or government agencies shall submit a written application to the Minister, in this - 12 -

case the Director General by attaching the following documents: a. gift certificate from the institutions and agencies in the state of the grant provider acknowledged by the Representative of the Republic of Indonesia in the country of grant provider; b. distribution plan acknowledged by the Minister of Social Affairs or the designated authorities; and c. recommendations containing information on the quantity and quality of the grant rice as well as the port of destination from the Director General of Processing and Marketing of Agricultural Produces, Department of Agriculture for purposes other than disaster prevention, or d. recommendations containing information on the quantity and quality of grant rice, and the port of destination from the body/institution designated by the Government for disaster prevention; (3) In response to the written application as referred to in paragraph (2) the Director General shall issue the approval or denial to the rice import approval within no later than 5 (five) business days after receipt of the application. (4) Approval of imports as referred to in paragraph (3) shall contain at least information on: a. the rice type and volume; b. broken rice degree; c. port of destination; - 13 -

d. validity period of import license. CHAPTER V RICE EXPORT Article 10 (1) Export of rice can only be made when the domestic rice supply has exceeded the demand, for certain rice varieties as listed in Attachment III in this Regulation of the Minister. (2) Export of rice as referred to in paragraph (1) for the type of un-husked Rice (paddy or un-husked Rice) especially for the purpose seed at the rates post/hs 1006.10.00.00, Fragrant Rice Thai Hom Mali is not tariff post/hs 1006.30.19.00 at the highest broken rice rates of 5% and Other (tariff post/hs 1006.30.90.00) at the broken rice rates ranging from 5% to 25%, can only be made by the Public Company BULOG after obtaining export approval from the Minister by taking into account the recommendations from the Coordination Team. (3) Every company may carry out export of rice as referred to in paragraph (1) for the type Glutinous Rice Pulut at tariff post /HS 1006.30.30.00. (4) The rice export as referred to in paragraph (3) can only be made after obtaining export approval from the Director General on behalf of the Minister by taking into account the recommendation from the Director General of Processing and Marketing of Agricultural Produces. (5) The Company as referred to in paragraphs (2) and (3) to obtain rice export approval shall submit a written request to the Minister through the Director General by attaching: - 14 -

a. Trade Business License (SIUP); b. Certificate of Registered Company (TDP); and c. recommendations from the Coordination Team, to make export as referred to in paragraph (2); or d. Recommendation of the Minister of Agriculture in this case the Director General of Processing and Marketing of Agricultural Produces for export as referred to in paragraph (3). (6) In response to the written application as referred to in paragraph (5,) the Minister or the Director General on behalf of the Minister may issue the approval or denial to the export approval within not later than 5 (five) business days after receipt of the application. (7) Rice Export as referred to in paragraphs (2) and (3) shall be packaged in container with the identity, as per request by the country of destination. CHAPTER VI TECHNICAL VERIFICATION OF RICE IMPORT AND EXPORT Article 11 (1) Every implementation of rice import shall firstly be subjected to technical verification at loading port of the country of origin of imported rice. (2) Any implementation of rice export shall firstly be subjected to technical verification at the port of unloading of the rice. (3) Implementation of technical verification as referred to in paragraph (1) and (2) shall be carried out by surveyors designated by the Minister. - 15 -

(4) For the implementation of technical verification as referred to in paragraphs (1) and (2), the surveyor may collect the service fees from the importer or exporter, at amount determined by taking into account benefit principle. Article 12 (1) Verification as referred to in Article 11 paragraph (1) shall be made to: a. Rice import for price stabilization, emergency response, the poor and food susceptibility as well as rice import rice for certain purposes, covering data or information on: 1. country of origin of rice loading; 2. specification on rice covering tariff post or HS number and description on rice; 3. the rice type and volume; 4. broken rice degree (if required); 5. shipment time; and 6. port of destination. b. Rice import from grant, covering data or information on: 1. Gift Certificate; 2. country of origin/grantor agencies; 3. the rice and volume; and 4. broken rice degree. (2) The verification finding as referred to in paragraph (1) shall be set forth in form of a Surveyor Report (LS) for use - 16 -

as complementary document of customs in settling the customs affairs in import sector. (3) Verification to rice exports as referred to in Article 11 paragraph (2), including type of rice, the volume, name and address of the exporter and the level of broken rice if required. (4) The verification finding as referred to in paragraph (3) shall be set forth in the Surveyor Report (LS) for use as complementary customs documents required for submission of notification to export customs. Article 13 (1) To be eligible for being designated as the executive of technical verification of rice import and export as referred to in Article 11 (3), the surveyor shall meet the following requirements: a. experienced as rice surveyor for minimum of 5 (five) years; and; b. having branches or representative offices in Indonesia for export verification or affiliates in foreign country for import verification. (2) The surveyor, as referred to in Article 11 paragraph (3) shall submit monthly written report on the implementation of technical verification of rice import and export already made to the Director General within not later than the 15th of the subsequent month. Article 14 Activities of technical verification of rice import and export by the surveyor shall not prejudice to the authority of the Directorate General of Customs and Excise, Ministry of Finance - 17 -

to carry out customs inspection. CHAPTER VII REPORTING OF IMPLEMENTATION OF RICE IMPORT AND EXPORT Article 15 (1) Public Companies BULOG as referred to in Article 4 paragraph (3) and Article 10 paragraph (2) already gaining rice import or export approval shall submit the progress report in writing to the Minister, with carbon copies to: a. Coordinating Minister for Economic Affairs; and b. Minister of Agriculture. (2) The report referred to in paragraph (1) shall be submitted by monthly, within not later than 15th of the subsequent month. Article 16 (1) Any importers and exporters already gaining rice import or export approval referred to in Article 5 paragraph (2) or Article 7 paragraph (1) and Article 10 paragraph (4) shall submit progress report in writing to the Director General with carbon copies to: a. Director General of Processing and Marketing of Agricultural Produces; and b. Director General of Domestic Trade, Ministry of Trade. (2) The report referred to in paragraph (1) shall be submitted by monthly, within not later than 15th of the subsequent month. - 18 -

Article 17 (1) Importers already acknowledged as an IP-Rice as referred to in Article 7 paragraph (2) shall submit a report on the implementation of rice imports in writing by monthly to the Director General with carbon copies to the Director General of Agro and Chemical Industry, c.q the Director of Agro Industry, Ministry of Industry and Director General of Processing and Marketing of Agricultural Produces, Department of Agriculture. (2) The report referred to in paragraph (1) shall be submitted, within not later than 15th of the subsequent month. Article 18 (1) Institution / social organization, or government agency already gaining approval for rice import from grant as referred to in Article 8 paragraph (2) shall submit monthly progress report on the implementation of rice import in writing, within not later than 15th of the subsequent month as of every month of Import implementation. (2) The report as referred to in paragraph (1) shall be submitted to the Minister c.q the Director General with carbon copies to: a. Minister of Agriculture c.q the Director General of Processing and Marketing of Agricultural Produces; b. Minister of Social Affairs c.q the Director General of Social Aid and Security, Ministry of Social Affairs; c. Deputy II of the Coordinating Minister for Economic Affairs, Agriculture and Marine; and d. Director General of Domestic Trade, Ministry of Trade. - 19 -

CHAPTER VIII SANCTION Article 19 Designation as rice importer and/or rice import or export approval shall be suspended if the rice importers or exporters fail to perform the obligation to submit reports in writing as referred to in Article 15, Article 16, Article 17, or Article 18 for 3 (three) times. Article 20 Suspension of designation as rice importer and /or rice import or export approval as referred to in Article 19 can be reactivated if the importer or the exporter has implemented all the obligations to submit the report in writing as referred to in Articles 15, 16, 17, or 18 within 2 (two) months after the suspension. Article 21 Determination as an rice importer and/or rice import or export approval shall be revoked if the importer or exporter: a. fails to implement the obligations referred to in Article 14, Article 15, Article 16, or Article 17 within 2 (two) months after imposition of sanction in terms of suspension as referred to in Article 19; b. is proven of changing information listed in the document on determination as an rice importer and/or rice import or export approval; c. proven of violating the provisions on ban to trade imported rice as referred to in Article 7 paragraph (3); or - 20 -

d. is declared guilty by an absolute court s decision for the crime relating to abuse of designation as an rice importer and / or rice import or export approval. Article 22 (1) Suspension, revocation and reactivation of designation as rice Importers and/or rice import or export approval issued to the importer, IP-Rice, institutions/social organization/government body as referred to in Article 4 paragraph (2), Article 6 paragraph (2), Article 7 paragraph (2) or Article 9 paragraph (1) or Article 10 paragraph (3) shall be determined by the Director General on behalf of the Minister. (2) Suspension, revocation and re-activation or rice import approval issued to the Public Company BULOG as referred to in Article 3 paragraph (3) or Article 10 paragraph (2) and institutional/social organization established by the Minister. Article 23 The decision on Surveyor s designation as referred to in Article 11 paragraph (3) shall be revoked if: a. committing violation in the implementation of technical verification of rice import or export, and/or b. failing to comply with reporting obligations in writing as referred to in Article 13 (2) for 2 (two) times consequently. Article 24 Importers or exporters conducting rice import or export not in accordance with the provisions herein may be subjected to sanction in accordance with the provisions of customs and/or - 21 -

other provisions based on the prevailing legislation. CHAPTER IX OTHER Article 25 Supervision and monitoring of the distribution of imported rice shall be set forth separately by the Director General of Domestic Trade, Ministry of Trade. Article 26 Terms of rice import or export herein shall not apply to imported or exported rice for research and technology development. Article 27 Approval to import rice already issued before this Regulation of the Minister shall remain valid until the expiry of the relevant import approval. CHAPTER IX CLOSING Article 28 By effectiveness hereof, then the Decree of the Minister of Industry and Trade No. 9/MPP/Kep/1/2004 on Rice Import, as amended several times, recently by the Decree of the Minister of Industry and Trade No. 368/MPP/Kep/5/2004, shall be revoked and declared null and void. Article 29 Further provisions on the implementation hereof may be stipulated by the Director General. Article 30 This Regulation of Minister shall become into effect as of the - 22 -

stipulation date. For public cognizance, it is instructed to promulgate this Regulation of Minister by inserting the same in the State Gazette of the Republic of Indonesia. Stipulated in Jakarta on April 11, 2008 MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA signed MARI ELKA PANGESTU Copy corresponds with the original Secretariat General of Ministry of Trade Head of Legal Bureau, signed WIDODO - 23 -

ANNEX TO REGULATIONS OF MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA NUMBER : 12/M-DAG/PER/4/2008 DATED : April 11, 2008 LIST OF ATTACHMENT 1. Annex I : Detail of Rice Variety 2. Annex II : Rice Variety that can be imported 3. Annex III : Certain Rice Variety Can Dikspor MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA signed MARI ELKA PANGESTU Copy in conformity with the original Secretariat General of Ministry of Trade Head of Legal Bureau, signed WIDODO - 24 -

Annex I Regulation of the Minister of Trade of the Republic of Indonesia Number : 12/M-DAG/PER/4/2008 Dated : April 11, 2008 Details of Rice Variety No. Tariff Post / HS Description of Goods 10.06 Rice 1. 1006.10.00.00 - Un-husked Rice (paddy or Un-husked Rice) 1006.20 - Hulled Grain: 2. 1006.20.10.00 -- Thai Hom Mali rice. 3. 1006.20.90.00 -- Other. 1006.30 - Semi-milled or wholly milled, hulled Rice, glazed or not -- Fragrant rice 4. 1006.30.15.00 --- Thai Hom Mali Rice 5. 1006.30.19.00 --- Other 6. 1006.30.20.00 -- half-done Rice 7. 1006.30.30.00 -- sticky rice pulut; 8. 1006.30.90.00 -- Other 9. 1006.40.00.00 - Broken rice 11.02. Cereal flour other than wheat or meslin 1102.90.00 - Other 10. 1102.90.00.10 -- Rice Flour 11. 1102.90.00.90 -- Other 11.03 Small broken rice, meal and cereal palette - Small broken rice and coarse flour 1103.19 -- of other cereals: 12. 1103.19.20.00 --- Made of rice - 25 -

AnnexII Regulation of the Minister of Trade of the Republic of Indonesia Number : 12/M-DAG/PER/4/2008 Dated : April 11, 2008 Rice Variety That Can Be Imported No. Tariff Post / HS Description of Goods Remarks 10.06 Rice 1. 1006.10.00.00 - Un-husked Rice (paddy or Un-husked Rice) 1006.20 - husked rice: broken husk 2. 1006.20.10.00 -- Thai Hom Mali rice. 3. 1006.20.90.00 -- Other. 1006.30 - semi-milled or wholly milled, hulled Rice, glazed or not -- Fragrant rice 4. 1006.30.15.00 --- Thai Hom Mali Rice 5. 1006.30.19.00 --- Other highest fracture degree by 5% (five percent), among others: Japonica rice, Basmati 6. 1006.30.20.00 - half-done Rice 7. 1006.30.30.00 -- sticky rice Pulut; 8. 1006.30.90.00 - Other broken /fracture rate ranging from 5 to 25% 9. 1006.40.00.00 - Broken rice broken /fracture rate 100% (hundred percent) 11.03 Small broken rice, meal and cereal palette - 26 -

- Small broken rice and coarse flour 1103.19 -- Of other cereals: 10. 1103.19.20.00 --- made of rice Notes: 1) Rice import for certain purpose for dietary and special consumption Order Nos.1,2,3,4,5,6,7 2) Rice import for price stabilization, emergency response, the poor and food susceptibility (Order No. 8), the import executive is Perum BULOG 3) Rice import for grant (Order No. 5 and 8) at the broken rate of maximum 5% 4) Rice import for industrial need as raw/auxiliary material Order NoS. 5, 9 and 10-27 -

Annex III Regulation of the Minister of Trade of the Republic of Indonesia Number : 12/M-DAG/PER/4/2008 Dated : April 11, 2008 Certain Rice Varieties That Can Be Exported No. Tariff Post / HS Description of Goods Remarks 10.06 Rice 1. 1006.10.00.00 - husked rice (paddy or Un-husked Rice) Only for seed 1006.30 - semi-milled or wholly milled, hulled Rice, glazed or not -- Fragrant rice 2. 1006.30.19.00 --- Other Broken /fracture rate of maximum 5% (five percent), among others: Organic Rice, Red Rice, Siam Rice, Rice Pandan Wangi. 3. 1006.30.30.00 -- sticky Rice Pulut; 4. 1006.30.90.00 -- Others Broken /fracture rate ranging from 5% (five percent) up to 25% (twenty five percent) - 28 -