Bappebti Regulation Number 1 of 2018 on Types and Amounts of Fees Charged by Refined Sugar Auction Market Organizers to Auction Participants

REGULATION OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 1 OF 2018 CONCERNING THE DETERMINATION OF TYPES AND AMOUNTS OF FEES CHARGED BY REFINED SUGAR AUCTION MARKET ORGANIZERS TO AUCTION PARTICIPANTS WITH THE GRACE OF THE MOST HIGH GOD, THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY OF THE REPUBLIC OF INDONESIA,

Considering:
a. that in order to implement the provisions of Article 20 of the Minister of Trade Regulation Number 16/M-DAG/PER/3/2017 concerning Refined Sugar Crystal Trade through Commodity Auction Markets as has been amended several times, most recently with the Minister of Trade Regulation Number 73/M-DAG/PER/9/2017 concerning the Second Amendment to the Minister of Trade Regulation Number 16/M-DAG/PER/3/2017 concerning Refined Sugar Crystal Trade through Commodity Auction Markets, it is necessary to establish technical provisions regarding the types and amounts of fees charged by the Refined Sugar Crystal Auction Market Organizer to Auction Participants; b. that based on the considerations referred to in letter a, it is necessary to establish a Regulation of the Commodity Futures Trading Supervisory Agency concerning the Determination of Types and Amounts of Fees Charged by the Refined Sugar Crystal Auction Market Organizer to Auction Participants;

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 (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 18 of 2012 concerning Food (State Gazette of the Republic of Indonesia Year 2012 Number 227, Supplement to the State Gazette of the Republic of Indonesia Number 5360);
3. Law Number 7 of 2014 concerning Trade (State Gazette of the Republic of Indonesia Year 2014 Number 45, Supplement to the State Gazette of the Republic of Indonesia Number 5512);
4. Government Regulation Number 68 of 2002 concerning Food Security (State Gazette of the Republic of Indonesia Year 2002 Number 142, Supplement to the State Gazette of the Republic of Indonesia Number 4254);
5. Presidential Decree Number 57 of 2004 concerning the Determination of Sugar as a Controlled Commodity (State Gazette of the Republic of Indonesia Year 2004 Number 69);
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 Industry and Trade Decision Number 650/MPP/KEP/10/2004 concerning Provisions for the Implementation of Auction Markets with Forward Delivery of Agro Commodities;
9. Minister of Trade Regulation Number 117/M-DAG/PER/12/2015 concerning Sugar Import Provisions (State Gazette of the Republic of Indonesia Year 2015 Number 2000);
10. Minister of Trade Regulation Number 08/M-DAG/PER/2/2016 concerning the Organization and Work Procedures of the Ministry of Trade (State Gazette of the Republic of Indonesia Year 2016 Number 202);
11. Minister of Trade Regulation Number 16/M-DAG/PER/3/2017 concerning Refined Sugar Crystal Trade through Commodity Auction Markets (State Gazette of the Republic of Indonesia Year 2017 Number 428) as amended several times, most recently with the Minister of Trade Regulation Number 73/M-DAG/PER/9/2017 concerning the Second Amendment to the Minister of Trade Regulation Number 16/M-DAG/PER/3/2017 concerning Refined Sugar Crystal Trade through Commodity Auction Markets (State Gazette of the Republic of Indonesia Year 2017 Number 1317);

DECIDES:
Establish: A REGULATION OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY CONCERNING THE DETERMINATION OF TYPES AND AMOUNTS OF FEES CHARGED BY REFINED SUGAR AUCTION MARKET ORGANIZERS TO AUCTION PARTICIPANTS.

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

1. Refined Sugar Crystal is sugar used as a raw material for production processes that meets SNI 3140.2-2011.
2. Commodity Auction Market, hereinafter referred to as Auction Market, is an organized physical market for sellers and buyers to conduct commodity transactions through an online auction system with transaction guarantees and commodity delivery.
3. National Refined Sugar Crystal Auction Market Organizer, hereinafter referred to as Refined Sugar Crystal Auction Market Organizer, is an auction market company that organizes the Refined Sugar Crystal Auction Market using the National Sugar Trading System electronically.
4. Refined Sugar Crystal Auction Market Participant, hereinafter referred to as Auction Participant, is a party that conducts buy or sell transactions at the Refined Sugar Crystal Auction Market.
5. Commodity Futures Trading Supervisory Agency, hereinafter referred to as Bappebti, is a government agency whose main task is to conduct guidance, regulation, development, and supervision of Futures Trading.

Article 2
(1) The Refined Sugar Crystal Auction Market Organizer, in organizing the Refined Sugar Crystal Auction Market, charges types and amounts of fees to Auction Participants as determined by the Head of Bappebti. (2) The types and amounts of fees as referred to in paragraph (1) are listed in the Appendix which is an integral part of this Agency Regulation. (3) The determination of types and amounts of fees as referred to in paragraph (1) is carried out by considering proposals from the Refined Sugar Association, the Indonesian Food and Beverage Entrepreneurs Association, and/or the Refined Sugar Crystal Auction Market Organizer.

Article 3
(1) The types and amounts of fees charged by the Refined Sugar Crystal Auction Market Organizer to Auction Participants can only be evaluated after 1 (one) year from the date determined by the Head of Bappebti. (2) The evaluation as referred to in paragraph (1) is carried out by considering proposals from the Refined Sugar Crystal Auction Market Organizer.

Article 4
The imposition of fees during the trial implementation of Refined Sugar Crystal trade through the Commodity Auction Market applies the tariff in column (4) listed in the Appendix which is an integral part of this Agency Regulation.

Article 5
This Agency Regulation shall come into force on the date of its promulgation.

APPENDIX
REGULATION OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 1 OF 2018 CONCERNING THE DETERMINATION OF TYPES AND AMOUNTS OF FEES CHARGED BY REFINED SUGAR AUCTION MARKET ORGANIZERS TO AUCTION PARTICIPANTS

TYPES AND AMOUNTS OF FEES

No | Type of Fee | Amount of Fee | Amount of Fee During Trial (1) | (2) | (3) | (4)

1. Auction Participants
   a. Sellers

   1. Registration
   2. Annual
      b. Buyers
   3. Registration for Special Contracts
   4. Annual
      Rp10,000,000.00/registration
      Rp25,000,000.00/year
      Rp1,000,000.00/registration
      Rp0.00/year
      Fixed
      Fixed
      Rp0.00
      Fixed

2. Transactions
   a. Sellers

   1. Regular Contracts
   2. Special Contracts
   3. Registration of Contracts already owned
      b. Buyers
   4. Regular Contracts
   5. Special Contracts
      Rp100.00/kg
      Rp100.00/kg
      Rp85.00/kg
      Rp0.00/kg
      Rp0.00/kg
      Rp0.00
      Fixed
      Fixed

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

signed,

BACHRUL CHAIRI