REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY

NUMBER 4 OF 2016

CONCERNING

GENERAL REQUIREMENTS AND TECHNICAL REQUIREMENTS FOR CLOSED WAREHOUSES

IN THE WAREHOUSE RECEIPT SYSTEM

BY THE GRACE OF GOD THE ALMIGHTY,

THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY,

Considering: a. that in order to implement the provisions of Article 43 paragraph (4) of Government Regulation Number 36 of 2007 concerning the Implementation of Law Number 9 of 2006 concerning the Warehouse Receipt System as amended by Government Regulation Number 70 of 2013 concerning Amendments to Government Regulation Number 36 of 2007 concerning the Implementation of Law Number 9 of 2006 concerning the Warehouse Receipt System, it is necessary to establish a Regulation of the Head of the Commodity Futures Trading Regulatory Agency concerning General Requirements and Technical Requirements for Closed Warehouses in the Warehouse Receipt System;

Recalling:

1. Law Number 32 of 1997 concerning Commodity Futures Trading (State Gazette of the Republic of Indonesia Year 1997 Number 93, Supplement to the State Gazette of the Republic of Indonesia Number 3720) as amended by Law Number 10 of 2011 concerning Amendments to Law Number 32 of 1997 concerning Commodity Futures Trading (State Gazette of the Republic of Indonesia Year 2011 Number 79, Supplement to the State Gazette of the Republic of Indonesia Number 5232);
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 Amendments 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 102 of 2000 concerning National Standardization (State Gazette of the Republic of Indonesia Year 2000 Number 199, Supplement to the State Gazette of the Republic of Indonesia Number 4020);
4. Government Regulation Number 36 of 2007 concerning the 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 Amendments to Government Regulation Number 36 of 2007 concerning the 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);
5. Presidential Regulation Number 24 of 2010 concerning the Position, Duties, and Functions of State Ministries as well as the Organization Structure, Duties, and Functions of Ministry Echelon I as amended several times, lastly by Presidential Regulation Number 135 of 2014 concerning the Seventh Amendment to Presidential Regulation Number 24 of 2010 concerning the Position, Duties, and Functions of State Ministries as well as the Organization Structure, Duties, and Functions of Ministry Echelon I (State Gazette of the Republic of Indonesia Year 2014 Number 273);
6. Presidential Regulation Number 7 of 2015 concerning the Organization of State Ministries (State Gazette of the Republic of Indonesia Year 2015 Number 8);
7. Presidential Regulation Number 48 of 2015 concerning the Ministry of Trade (State Gazette of the Republic of Indonesia Year 2015 Number 90);
8. Minister of Trade Regulation Number 08/M-DAG/PER/2/2016 concerning the Organization and Work Structure of the Ministry of Trade (State News of the Republic of Indonesia Year 2016 Number 202);

DECIDES:

Establishing: REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY CONCERNING GENERAL REQUIREMENTS AND TECHNICAL REQUIREMENTS FOR CLOSED WAREHOUSES IN THE WAREHOUSE RECEIPT SYSTEM.

Article 1 The Commodity Futures Trading Regulatory Agency establishes general requirements and technical requirements for Closed Warehouses in the Warehouse Receipt System.

Article 2 (1) Closed Warehouses as referred to in Article 1 are divided into 4 (four) categories, namely: a. Closed Warehouse for Agricultural Commodities in accordance with applicable National Standards of Indonesia; b. Closed Silo Warehouse for Agricultural Commodities in accordance with applicable National Standards of Indonesia; c. Closed Warehouse for Fisheries and Salt Commodities with general requirements and technical requirements as stated in the Appendix which is an integral part of this Head Regulation; and d. Closed Warehouse for specific commodities that, according to the study of the Commodity Futures Trading Regulatory Agency, can use warehouse standards as referred to in letter a, letter b, or letter c.

(2) Closed Warehouses as referred to in paragraph (1) are classified into 3 (three), namely: a. Class A Warehouse, is a warehouse that meets the requirements for Class A warehouses; and b. Class B Warehouse, is a warehouse that meets the requirements for Class B warehouses; and c. Class C Warehouse, is a warehouse that meets the requirements for Class C warehouses.

(3) The classification of warehouses as referred to in paragraph (2) is stated in the Appendix which is an integral part of this Head Regulation.

Article 3 General requirements and technical requirements for warehouses for types of warehouses other than Closed Warehouses as referred to in Article 1 are regulated by a Regulation of the Head of the Commodity Futures Trading Regulatory Agency.

Article 4 Upon the entry into force of this Head Regulation, the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number 03/BAPPEBTI/PER-SRG/7/2007 concerning General Requirements and Technical Requirements for Warehouse Systems of the Warehouse Receipt System is repealed and declared invalid.

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APPENDIX REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY NUMBER 4 OF 2016 CONCERNING GENERAL REQUIREMENTS AND TECHNICAL REQUIREMENTS FOR CLOSED WAREHOUSES IN THE WAREHOUSE RECEIPT SYSTEM

GENERAL REQUIREMENTS AND TECHNICAL REQUIREMENTS FOR CLOSED FISHERIES AND SALT COMMODITIES IN THE WAREHOUSE RECEIPT SYSTEM

1 Scope These technical provisions establish the general requirements and technical requirements that must be possessed by Closed Warehouses for Fisheries Commodities and Salt Commodities in the Warehouse Receipt System. The fisheries commodities and salt commodities referred to are results of activities implemented with a fisheries or salt business system that include pre-production, production, post-production, processing, or marketing, having a minimum storage capacity of 3 (three) months, including but not limited to seaweed and salt. These technical provisions cover terms and definitions, requirements, and classification of closed warehouses for fisheries and salt commodities with storage methods including sacks or bulk.

2 Terms and Definitions 2.1 Closed Warehouse for Fisheries and Salt Commodities All immovable and non-movable rooms not visited by the public, but used specifically as a place for storing tradable fisheries or salt commodities.

2.2 Classification of Closed Warehouses Grouping of closed warehouse classes based on the fulfillment of general and technical requirements for closed warehouses consisting of transport access, construction, facilities, and warehouse equipment as Class A, Class B, or Class C Warehouses.

2.3 General Requirements Requirements related to warehouse location.

2.4 Technical Requirements Requirements related to building construction, equipment, and warehouse facilities.

2.5 Fire Extinguishing Equipment Equipment used for extinguishing fires in case of fire, which can be in the form of Portable Fire Extinguishers (APAR) and/or active hydrant installations.

2.6 Loading and Unloading Facilities Facilities to facilitate the unloading of fisheries and salt commodities from transport vehicles into the warehouse, or to load fisheries and salt commodities from the warehouse to transport vehicles.

2.7 Hazardous Chemicals Chemicals containing hazardous and/or toxic materials that, due to their properties (corrosive, oxidizer, reactive, radioactive, explosive, or flammable) and/or concentration and/or quantity, either directly or indirectly, can pollute the environment and/or endanger health, human survival, and/or the survival of other living things.

2.8 Former Chemical Plant Site A location that was previously used as a hazardous chemical plant.

2.9 Former Waste Disposal Site A location that was previously used as a Final Waste Disposal Site (TPA).

2.10 Class I Road Arterial and collector roads that can be traversed by Motor Vehicles with a width not exceeding 2,500 (two thousand five hundred) millimeters, length not exceeding 18,000 (eighteen thousand) millimeters, height not exceeding 4,200 (four thousand two hundred) millimeters, and heaviest axle load of 10 (ten) tons.

2.11 Class II Road Arterial, collector, local, and environmental roads that can be traversed by Motor Vehicles with a width not exceeding 2,500 (two thousand five hundred) millimeters, length not exceeding 12,000 (twelve thousand) millimeters, height not exceeding 4,200 (four thousand two hundred) millimeters, and heaviest axle load of 8 (eight) tons.

2.12 Class III Road Arterial, collector, local, and environmental roads that can be traversed by Motor Vehicles with a width not exceeding 2,100 (two thousand one hundred) millimeters, length not exceeding 9,000 (nine thousand) millimeters, height not exceeding 3,500 (three thousand five hundred) millimeters, and heaviest axle load of 8 (eight) tons.

2.13 Special Class Road Arterial roads that can be traversed by Motor Vehicles with a width exceeding 2,500 (two thousand five hundred) millimeters, length exceeding 18,000 (eighteen thousand) millimeters, height not exceeding 4,200 (four thousand two hundred) millimeters, and heaviest axle load more than 10 (ten) tons.

2.14 Official Seal Mark A valid seal mark given periodically by the competent authority based on accuracy regarding measuring, weighing, and counting instruments and their accessories.

2.15 Drainage/Water Channel A system for regulating water flow to drainage.

2.16 Ventilation Holes or devices used for free circulation of air entering and exiting.

2.17 Weighing Instrument Measuring instruments used to determine the mass of fisheries and salt commodities by utilizing gravity acting on said fisheries and salt commodities.

2.18 Canopy Roof on the porch located above the warehouse door.

2.19 Pallet Stacking base made of wood, plastic, or metal arranged in one direction and between cross beams, so that there is space for air circulation.

2.20 Staple Ladder Ladder used to reach the top of the staple/stack.

2.21 Veranda/Teritis Area on the outside of the building shaded by a roof.

2.22 Alarm/Danger Sign Signals, sounds, lights, etc., designed to warn of fire, earthquake, or other dangers.

2.23 Clean Free from dirt that can interfere with health, affect the quality of stored commodities, and/or pollute the environment.

3 Requirements for Closed Warehouses for Fisheries or Salt Commodities 3.1 General Requirements The warehouse location must meet the following requirements: a. near or on the edge of a special class, I, II, III road, or other access via waters to facilitate entry and exit of the warehouse area, thereby ensuring smooth loading/unloading and distribution activities; b. in an area safe from floods and landslides; c. far from hazardous chemical plants or warehouses, public fuel stations, and/or waste/chemical waste disposal sites; d. separated from other surrounding buildings so as not to disturb the safety of surrounding residents and ensure the security of stored fisheries and salt commodities; and e. not located on former waste disposal sites and/or former chemical plants.

3.2 Technical Requirements 3.2.1 Warehouse Construction and Building Materials Warehouse building construction must meet the following requirements: a) The warehouse building structure must be sturdy against self-load, commodity load, external loads (wind, rain, earthquake, humans, etc.), thereby ensuring human safety and commodity quality; b) Warehouse roofs must be made of non-corrosive materials that are strong enough and leak-proof; c) Warehouse building walls must be sturdy; d) Warehouse floors must be made of concrete or other strong materials to withstand the weight of stored goods according to the maximum warehouse capacity, free from groundwater seepage, and have a flat surface; e) Doors must be made of strong, durable materials, equipped with strong locks, and have canopies to ensure smooth entry and exit of fisheries and salt commodities; f) Ventilation must be covered with barriers to avoid disturbances from outside; and g) Warehouse buildings must have verandas (teritis) around the building with adequate width to minimize rainwater hitting the warehouse walls.

3.2.2 Warehouse Facilities The warehouse must have the following facilities: a) Adequate aisle identification to support smooth storage and access for fisheries and salt commodities; b) Water and electricity installations with guaranteed supply to support warehouse operations; c) Lightning arresters; d) Office or administrative room equipped with facilities and infrastructure supporting warehouse manager work; e) Communication network access in the form of telephone and internet (fixed-line or wireless) supporting operational work; f) Water channels maintained so that water flows well to avoid water accumulation; g) Security system, guard room, and sturdy fence around it; h) Courtyard or parking area with adequate size; i) Restrooms and toilets; j) Loading and unloading facilities with adequate size for transport vehicles to maneuver; k) Adequate canopies on loading and unloading facilities; l) Adequate generators as backup power sources when the main source is cut off. There is a switch to manually control the use of electricity and generators; m) Evacuation routes; n) Signs or prohibition signs, including health and safety work signs; o) Adequate lighting; and p) Closed-circuit television (CCTV) functioning with adequate numbers to monitor activities in the warehouse area, and only accessible by authorized parties.

3.2.3 Warehouse Equipment The warehouse must have the following equipment: a) Weighing instruments that have been officially sealed and are still valid to measure the weight of fisheries and salt commodities; b) Strong pallets to support stacks of fisheries and salt commodities; c) Hygrometers and thermometers that are still functioning to measure humidity and air temperature in the warehouse; d) Staple ladders to facilitate stacking of fisheries and salt commodities in the warehouse, unless commodity storage is done in bulk; e) Active, non-expired fire extinguishing equipment in adequate numbers as first responders in case of fire, which can be in the form of portable fire extinguishers (APAR) and/or hydrants; f) First aid kits (P3K) equipped with sufficient medicine and equipment; g) Cleaning tools ensuring the cleanliness of the warehouse, facilities, infrastructure, and its environment; and h) Alarm/danger signs.

3.2.4 Classification of Closed Warehouses for Fisheries or Salt Commodities Classification of closed warehouses for fisheries or salt commodities based on the fulfillment of general and technical requirements is grouped into 3 (three), namely Class A Warehouse, Class B Warehouse, and Class C Warehouse. The complete warehouse classification is found in Table 1.

Table of General and Technical Requirements for Closed Warehouses for Fisheries and Salt Commodities in the Warehouse Receipt System

No.	Requirements	Warehouse Classification
		Class A	Class B	Class C
I. General Requirements
1. Transport Access	Special Class / I / II / Waterways	Special Class / I / II / Waterways	Special Class / I / II / III / Waterways
2. Location Aspects	• In an area safe from floods and landslides;<br>• Minimum 200 m from hazardous chemical plants or warehouses, public fuel stations, and/or waste/chemical waste disposal sites;<br>• Separated from other surrounding buildings so as not to disturb the safety of surrounding residents and ensure the security of stored fisheries and salt commodities;<br>• Not located on former waste disposal sites and/or former chemical plants.	Same as A	Same as A
II. Technical Requirements
Construction and Building Materials
3. Warehouse Building Structure	Material made of steel and/or concrete	Material made of steel and/or concrete	Material made of hard wood
4. Warehouse Roof	Uses non-corrosive material such as aluminum-coated sheet steel / Polyvinyl chloride (PVC)	Uses non-corrosive material such as aluminum-coated sheet steel / PVC	Uses non-corrosive material such as aluminum-coated sheet steel / PVC
5. Warehouse Building Walls	a. Wall material: Plastered brick wall or plastered brick wall coated with non-corrosive material<br>b. Wall height: Minimum 6.00 m	a. Plastered brick wall or plastered brick wall coated with non-corrosive material<br>b. Minimum 6.00 m	a. Plastered brick wall<br>b. Minimum 4.00 m
6. Warehouse Floor	a. Floor material: Reinforced concrete<br>b. Floor load capacity: > 3.00 ton/m²<br>c. Floor height from ground: Minimum 0.50 m	a. Reinforced concrete<br>b. 2.50 – 3.00 ton/m²<br>c. Minimum 0.30 m	a. Concrete<br>b. 2.50 – 3.00 ton/m²<br>c. Minimum 0.30 m
7. Warehouse Door	a. Door material: Iron plate / Wood<br>b. Door width: Minimum 4.00 m<br>c. Door height: Minimum 3.50 m<br>d. Number of doors: Minimum 2 doors<br>e. Canopy length: Minimum 5.00 m from warehouse door	a. Iron plate / Wood<br>b. Minimum 4.00 m<br>c. Minimum 2.25 m<br>d. Minimum 2 doors<br>e. Minimum 5.00 m from warehouse door	a. Iron plate / Wood<br>b. Minimum 3.00 m<br>c. Minimum 2.25 m<br>d. Minimum 1 door<br>e. Minimum 3.00 m from warehouse door
8. Ventilation	a. From roof, and/or: (0.00 - 0.50) m<br>b. From floor: Minimum 0.50 m	a. (0.00 - 0.50) m<br>b. Minimum 0.50 m	a. (0.00 - 0.50) m<br>b. Minimum 0.50 m
9. Veranda Width	(1.20 – 1.50) m	(1.20 – 1.50) m	(0.90 – 1.20) m
Warehouse Facilities
10. Water Installation	Yes	Yes	Yes
11. Electricity Installation	Yes	Yes	Yes
12. Lightning Arrester	Yes	Yes	Yes
13. Hydrant Installation	Yes	No	No
14. Water Channel	Yes	Yes	Yes
15. Office or Administrative Room Location	Outside warehouse	Outside warehouse	Outside/Inside warehouse
16. Communication Network Access	Yes	Yes	Yes
17. Evacuation Direction Signs	Yes	Yes	Yes
18. Signs or Prohibition Signs	Yes	Yes	Yes
19. Security System	a. Guard Post: Outside warehouse<br>b. Alarm/Danger Sign: Yes<br>c. Fence: Yes	a. Outside warehouse<br>b. Yes<br>c. Yes	a. Outside warehouse<br>b. Yes<br>c. Yes
20. Parking Area Size	Minimum 500 m²	Minimum 350 m²	Minimum 200 m²
21. Toilet	Outside warehouse	Outside warehouse	Outside warehouse
22. Loading and Unloading Facilities	Yes	Yes	No
23. Generator	Yes	Yes	No
24. Adequate Lighting	Yes	Yes	Yes
25. CCTV	Yes	No	No
Warehouse Equipment
26. Officially Sealed and Valid Weighing Instrument	Yes	Yes	Yes
27. Wood/Plastic/Metal Pallet *)	Yes	Yes	Yes

*) Pallets are required for sack storage; bulk storage may have different requirements depending on specific technical implementation.