2008-07-01

Technical Guidelines for Warehouse Receipt Transaction Settlement

The Head of the Commodity Futures Trading Regulatory Agency issued Regulation No. 10/BAPPEBTI/PER-SRG/7/2008 to establish technical guidelines for the issuance, transfer, collateralization, and settlement of Warehouse Receipt transactions. This regulation aims to ensure administrative order, effective supervision, and legal certainty in the implementation of the Warehouse Receipt System. The guidelines are detailed in the attached appendix of the regulation and became effective on the date of issuance.

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REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY NUMBER: 10/BAPPEBTI/PER-SRG/7/2008 CONCERNING TECHNICAL GUIDELINES FOR THE SETTLEMENT OF WAREHOUSE RECEIPT TRANSACTIONS

THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY,

Considering: a. that in order to ensure administrative order, effective supervision, and legal certainty in the implementation of the Warehouse Receipt System activities, it is necessary to establish technical guidelines for the issuance, transfer, collateralization, and settlement of Warehouse Receipt transactions; b. that based on the considerations referred to in letter a, it is necessary to establish a Regulation of the Head of the Commodity Futures Trading Regulatory Agency;

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);
  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);
  3. 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);
  4. Presidential Decree of the Republic of Indonesia Number 187/M of 2004 concerning the Formation of the United Indonesia Cabinet as amended several times, most recently by Presidential Decree of the Republic of Indonesia Number 171/M of 2005;
  5. Presidential Regulation of the Republic of Indonesia Number 9 of 2005 concerning the Position, Duties, Functions, Organizational Structure, and Working Procedures of State Ministries of the Republic of Indonesia as amended several times, most recently by Presidential Regulation of the Republic of Indonesia Number 94 of 2006;
  6. Presidential Regulation of the Republic of Indonesia Number 10 of 2005 concerning Organizational Units and Duties of Eselon I Ministries of the Republic of Indonesia as amended several times, most recently by Presidential Regulation of the Republic of Indonesia Number 17 of 2007;
  7. Presidential Decree of the Republic of Indonesia Number 60/M of 2008 concerning the Appointment of Eselon I Officials in the environment of the Ministry of Trade;

Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number: 10/BAPPEBTI/PER-SRG/7/2008 2

  1. Regulation of the Minister of Trade of the Republic of Indonesia Number 01/M-DAG/PER/3/2005 concerning the Organization and Working Procedures of the Ministry of Trade as amended several times, most recently by Regulation of the Minister of Trade of the Republic of Indonesia Number 22/M-DAG/PER/5/2007;
  2. Regulation of the Minister of Trade of the Republic of Indonesia Number 16/M-DAG/PER/3/2006 concerning the Management and Development of Warehousing;
  3. Regulation of the Minister of Trade of the Republic of Indonesia Number 26/M-DAG/PER/6/2007 concerning Goods That Can Be Stored in Warehouses in the Implementation of the Warehouse Receipt System;

DECIDES: To establish: A REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY CONCERNING TECHNICAL GUIDELINES FOR THE SETTLEMENT OF WAREHOUSE RECEIPT TRANSACTIONS.

Article 1 The technical guidelines for the settlement of Warehouse Receipt transactions are regulated in the Appendix of this Regulation.

Article 2 This Regulation shall come into force as of the date of establishment.

Established in Jakarta On July 24, 2008 THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY, DEDDY SALEH

COPY This Regulation of the Head of Bappebti is transmitted to:

  1. The Minister of Trade of the Republic of Indonesia;
  2. Eselon I Officials in the environment of the Ministry of Trade;
  3. Eselon II Officials in the environment of Bappebti;
  4. For information.