to Indonesian
a. that in order to implement the provisions of Article 2 paragraph (2) of Regulation of the Minister of Trade No. 33/M-DAG/PER/5/2012 concerning Procedures for Determination of Bench Mark Price for Dutiable Mining Products, it is necessary to govern determination of Export Bench Mark Price on the dutiable mining products;
b. that determination of Export Bench Mark Price on the dutiable mining products after considering the written proposal and the results of the coordination meetings with related technical agencies;
c. that based on the considerations as intended in paragraphs a and b, it is necessary to stipulate Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book No. 86/1938);
2. Law No. 7/1994 concerning Ratification of the Agreement Establishing the World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
3. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
4. Law No. 39/2008 concerning State Ministries (Statute Book of the Republic of Indonesia No. 166/2008, Supplement to Statute Book of the Republic of Indonesia No. 4916);
5. Law No. 4/2009 concerning Mineral and Coal Mining (Statute Book of the Republic of Indonesia No. 4/2009, Supplement to Statute Book of the Republic of Indonesia No. 4959);
6. Government Regulation No. 55/2008 concerning the Imposition of Export Levy for Export Goods (Statute Book of the Republic of Indonesia No. 116/2008, Supplement to Statute Book of the Republic of Indonesia No. 4886);
7. Government Regulation No. 23/2010 concerning Implementation of Mineral and Coal Mining Business Activities (Statute Book of the Republic of Indonesia No. 29/2010, Supplement to Statute Book of the Republic of Indonesia No. 5111) as amended by Government Regulation No. 24/2012 (Statute Book of the Republic of Indonesia No. 45/2012, Supplement to Statute Book of the Republic of Indonesia No. 5282);
8. Presidential Decree No. 260/1967 concerning Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Field;
9. Presidential Decree No. 84/P/2009 concerning the Establishment of the United Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;
10. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries as amended by Presidential Regulation No. 91/2011;
11. Presidential Regulation No. 24/2010 concerning the Position, Duties, and Functions of the State Ministries as well as Organizational Structure, Duties and Functions Echelon I of State Ministries as amended by Presidential Regulation No. 92/2011;
12. Decree of the Minister of Industry and Trade No. 558/MPP/Kep/12/1998 concerning General Provisions in the Field of Export as amended several times, the latest by Regulation of the Minister of Trade No. 01/M-DAG/PER/1/2007;
13. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
14. Regulation of the Minister of Energy and Mineral Resources No. 07/2012 concerning Increasing Mineral Added Value Through Mineral Processing and Refining Activities, as amended by Regulation of the Minister of Energy and Mineral Resources No. 11/2012;
15. Regulation of the Minister of Finance No. 75/PMK.011/2012 concerning Stipulation of Export Goods Subject to Export Levy and Rate of Export Levy;
16. Regulation of the Minister of Trade No. 33/M-DAG/PER/5/2012 concerning Procedure for Determination of Bench Mark Price for Dutiable Mining Products;
REGULATION OF THE MINISTER OF TRADE CONCERNING DETERMINATION OF BENCH MARK PRICE FOR DUTIABLE MINING PRODUCTS.
Export Bench Mark Price (HPE) is determined based on the highest average price in the international market, the highest average prices FOB, the highest average prices prevailing in the domestic market, or the highest average price in the importing country of Mining Products in the last month before determination of HPE.
HPE for mining products are determined as listed in Attachment that is s an integral part of this Ministerial Regulation.
HPE as intended in Article 2 is used as the basis for determination of Export Price for calculating Export Levy by the Minister of Finance.
HPE as intended in Article 2 shall come into effect from June 1, 2012 to June 30, 2012.
In case of expired validity period of HPE has been stipulated based on this Regulation and new HPE is not determined yet, HPE as list in Attachment of this Ministerial Regulation shall remain valid as the basis for calculation of Export Levy until new HPE is stipulated.
This Ministerial Regulation shall come into force on June 1, 2012.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on May 28, 2012
on behalf of MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Director General of Foreign Trade
signed,
DEDDY SALEH
Copy same with the original
Secretariat General of the Ministry of Trade
Head of Legal Bureau,
signed,
LASMININGSIH