Regulation of the Commodity Futures Trading Regulatory Agency of the Republic of Indonesia Number 10 of 2018 Concerning Approval as a Conformity Assessment Body for the Warehouse Receipt System

REGULATION OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 10 OF 2018 CONCERNING APPROVAL AS A CONFORMITY ASSESSMENT BODY FOR THE WAREHOUSE RECEIPT SYSTEM

BY THE GRACE OF GOD THE MOST HIGH,

HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY OF THE REPUBLIC OF INDONESIA,

Considering: a. that in order to implement the provisions of Article 21 letter a and letter f of Law Number 9 of 2006 concerning the Warehouse Receipt System as amended by Law Number 9 of 2011 concerning Amendment to Law Number 9 of 2006 concerning the Warehouse Receipt System; b. that in order to implement the provisions of Article 88 and Article 89 of Government Regulation Number 24 of 2018 concerning Integrated Electronic Business Licensing Services, the provisions regarding approval for the Conformity Assessment Body for the Warehouse Receipt System need to be changed and adjusted; c. that based on the considerations as referred to in letters a and b, it is necessary to establish a Regulation of the Commodity Futures Trading Regulatory Agency concerning Approval as a Conformity Assessment Body for the Warehouse Receipt System;

Recalling:

1. Law Number 32 of 2004 concerning Regional Government (State Gazette of the Republic of Indonesia Year 2004 Number 125, Supplement to the State Gazette of the Republic of Indonesia Number 4437) as amended by Law Number 12 of 2008 (State Gazette of the Republic of Indonesia Year 2001 Number 78, Supplement to the State Gazette of the Republic of Indonesia Number 4437);
2. Law Number 9 of 2006 concerning the Warehouse Receipt System (State Gazette of the Republic of Indonesia Year 2006 Number 59, Supplement to the State Gazette of the Republic of Indonesia Number 4630) as amended by Law Number 9 of 2011 concerning Amendment to Law Number 9 of 2006 concerning the Warehouse Receipt System (State Gazette of the Republic of Indonesia Year 2011 Number 78, Supplement to the State Gazette of the Republic of Indonesia Number 5231);
3. Government Regulation Number 36 of 2007 concerning Implementation of Law Number 9 of 2006 concerning the Warehouse Receipt System (State Gazette of the Republic of Indonesia Year 2007 Number 79, Supplement to the State Gazette of the Republic of Indonesia Number 4735) as amended by Government Regulation Number 70 of 2013 concerning Amendment to Government Regulation Number 36 of 2007 concerning Implementation of Law Number 9 of 2006 concerning the Warehouse Receipt System (State Gazette of the Republic of Indonesia Year 2013 Number 172, Supplement to the State Gazette of the Republic of Indonesia Number 5459);
4. Government Regulation Number 24 of 2018 concerning Integrated Electronic Business Licensing Services (State Gazette of the Republic of Indonesia Year 2018 Number 90);
5. Presidential Regulation Number 7 of 2015 concerning Organization of State Ministries (State Gazette of the Republic of Indonesia Year 2015 Number 8);
6. Presidential Regulation Number 48 of 2015 concerning the Ministry of Trade (State Gazette of the Republic of Indonesia Year 2015 Number 90);
7. Presidential Decree Number 86/TPA of 2018 concerning Dismissal and Appointment to and from Senior Management Positions in the Environment of the Ministry of Trade;
8. Minister of Trade Regulation Number 08/M-DAG/PER/2/2016 concerning Organization and Work Structure of the Ministry of Trade (State Newspaper of the Republic of Indonesia Year 2016 Number 202);
9. Minister of Trade Regulation Number 77 of 2018 concerning Integrated Electronic Business Licensing Services in the Trade Sector (State Newspaper of the Republic of Indonesia Year 2018 Number 938);

DECIDES:

To establish: A REGULATION OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY CONCERNING APPROVAL AS A CONFORMITY ASSESSMENT BODY FOR THE WAREHOUSE RECEIPT SYSTEM.

Article 1 In this Regulation of the Agency, the following terms are defined:

1. Commodity Futures Trading Regulatory Agency, hereinafter referred to as Bappebti, is a government agency whose main duties are to conduct guidance, regulation, development, and supervision of Commodity Futures Trading, Warehouse Receipt System, and Commodity Auction Markets.
2. Warehouse Receipt System is an activity related to the issuance, transfer, guarantee, and settlement of Warehouse Receipt transactions.
3. Conformity Assessment Body is an accredited agency that conducts a series of activities to assess or prove that specific requirements related to products, processes, systems, and/or personnel are met.
4. Integrated Electronic Business Licensing or Online Single Submission, hereinafter abbreviated as OSS, is Business Licensing issued by the OSS Agency for and on behalf of the Minister, head of agency, governor, or regent/mayor to Business Actors through an integrated electronic system.
5. Commitment is a statement by the Business Actor to fulfill the requirements for Business License and/or Commercial or Operational License.
6. OSS Agency, hereinafter referred to as OSS Agency, is a non-ministerial government agency that administers government affairs in the field of investment coordination.
7. Business Identification Number, hereinafter abbreviated as NIB, is the identity of the Business Actor issued by the OSS Agency after the Business Actor completes Registration.
8. Service Level Arrangement, hereinafter abbreviated as SLA, is the service level that must be observed and implemented to conduct Business Licensing activities in the trade sector integrated with the OSS.

Article 2 (1) Conformity assessment activities in the Warehouse Receipt System may only be conducted by a Conformity Assessment Body that has obtained approval as a Conformity Assessment Body for the Warehouse Receipt System from the Head of Bappebti. (2) The Conformity Assessment Body as referred to in paragraph (1) shall be in the form of a Limited Liability Company, Public Company, Cooperative, Regional-Owned Enterprise, public service agency, and other legal entities owned by the state. (3) Conformity assessment activities as referred to in paragraph (1) include activities conducted by: a. inspection agencies that issue Certificates for Warehouses; b. laboratories that issue test results in the form of Certificates of Goods Quality Testing; and c. Quality Management System Certification agencies that issue Quality Management Certificates. (4) The implementation of the authority to issue approval as referred to in paragraph (1) is conducted through the OSS Agency. (5) The OSS Agency as referred to in paragraph (4) issues approval as a Conformity Assessment Body for the Warehouse Receipt System for and on behalf of the Head of Bappebti based on the provisions of Government Regulation concerning Integrated Electronic Business Licensing Services and Minister of Trade Regulation regulating Integrated Electronic Business Licensing Services in the Trade Sector.

Article 3 (1) Prospective Conformity Assessment Bodies must possess a Business Identification Number (NIB) to submit an application for approval as a Conformity Assessment Body for the Warehouse Receipt System. (2) Prospective Conformity Assessment Bodies are granted an NIB in accordance with the provisions of Government Regulation regulating Integrated Electronic Business Licensing Services and Minister of Trade Regulation regulating Integrated Electronic Business Licensing Services in the Trade Sector.

Article 4 (1) Prospective Conformity Assessment Bodies in obtaining approval as a Conformity Assessment Body for the Warehouse Receipt System must fulfill Commitment and SLA requirements for the issuance of business licensing in the trade sector in accordance with the provisions of Minister of Trade Regulation regulating Integrated Electronic Business Licensing Services in the Trade Sector. (2) Prospective Conformity Assessment Bodies in fulfilling Commitment and SLA for the issuance of Business Licensing in the trade sector as referred to in paragraph (1) must complete them within the time period determined in accordance with the provisions of Minister of Trade Regulation regulating Integrated Electronic Business Licensing Services in the Trade Sector. (3) In the event that fulfilling Commitment and SLA for the issuance of Business Licensing in the trade sector requires costs, prospective Conformity Assessment Bodies shall pay the costs in the manner determined in accordance with applicable legislation. (4) In the event that a prospective Conformity Assessment Body cannot fulfill Commitment within the established time period as referred to in paragraph (2), the prospective Conformity Assessment Body may not conduct business activities and must submit a new application for business licensing in the trade sector to the OSS Agency. (5) Approval as a Conformity Assessment Body for the Warehouse Receipt System becomes effective once all Commitment requirements are fulfilled and payment has been made.

Article 5 (1) In providing approval as a Conformity Assessment Body for the Warehouse Receipt System, Bappebti: a. examines the completeness and correctness of the required documents; and b. examines physical facilities and infrastructure. (2) Bappebti provides notification to the OSS Agency no later than 3 (three) working days since the fulfillment of Commitment requirements is complete. (3) Notification as referred to in paragraph (2) may consist of fulfilled Commitment or unfulfilled Commitment.

Article 6 (1) Conformity Assessment Bodies must report to the OSS Agency every occurrence of changes in the name and/or address of the Conformity Assessment Body no later than 5 (five) working days after the change occurs. (2) Conformity Assessment Bodies must report to Bappebti and the Registration Center every occurrence of changes in the scope of conformity assessment of the Conformity Assessment Body no later than 5 (five) working days after the change occurs. (3) Conformity Assessment Bodies must report every change in members of the board of directors/managers, members of the board of commissioners/supervisors, and shareholders to: a. the OSS Agency no later than 5 (five) working days after the change is implemented; b. Bappebti no later than 5 (five) working days after the change is implemented.

Article 7 In the event that the OSS Agency is unable to process the issuance of business licensing in the trade sector regulated in this Regulation of the Agency, the Head of Bappebti issues approval as a Conformity Assessment Body for the Warehouse Receipt System with the following provisions: a. Prospective Conformity Assessment Bodies must submit an application electronically via http://srg.bappebti.go.id to the Head of Bappebti by attaching requirements as referred to in Article 4 paragraph (1). b. Bappebti examines the validity and correctness of documents as referred to in Article 4 paragraph (1) and examines physical facilities and infrastructure within a period of 20 (twenty) working days since the documents are received complete. c. The Head of Bappebti, within the period as referred to in letter b, issues approval as a Conformity Assessment Body for Warehouse Receipts using an Electronic Signature (e-Signature) that does not require a seal and wet signature, and includes a QR Code (Quick Response Code) after the requirements as referred to in letter b are complete and correct. d. In the event that the requirements as referred to in Article 4 paragraph (1) are incomplete, the application for approval as a Conformity Assessment Body for the Warehouse Receipt System cannot be processed further. e. In the event that the requirements as referred to in letter b are incomplete and incorrect, the application for approval as a Conformity Assessment Body for the Warehouse Receipt System is rejected electronically. f. Bappebti provides notification to the OSS Agency no later than 3 (three) working days since the issuance of approval as referred to in letter c.