Regulation of the Head of the Commodity Futures Trading Regulatory Agency of the Republic of Indonesia Number 1 of 2021 Concerning Technical Requirements for Warehouses in the Warehouse Receipt System

REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 1 OF 2021 CONCERNING TECHNICAL REQUIREMENTS FOR WAREHOUSES IN THE WAREHOUSE RECEIPT SYSTEM

WITH THE GRACE OF THE MOST HIGH GOD,

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

Considering: 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, it is necessary to establish a Regulation of the Head of the Commodity Futures Trading Regulatory Agency concerning Technical Requirements for Warehouses in the Warehouse Receipt System;

Recalling: 1. 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); 2. 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); 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 Amendment 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. Government Regulation Number 34 of 2018 concerning National Standardization and Conformity Assessment Systems (State Gazette of the Republic of Indonesia Year 2018 Number 110, Supplement to the State Gazette of the Republic of Indonesia Number 6225); 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 Regulation Number 68 of 2019 concerning Organization of State Ministries (State Gazette of the Republic of Indonesia Year 2019 Number 203); 8. Minister of Trade Regulation Number 80 of 2020 concerning Organization and Work Structure of the Ministry of Trade (State Gazette of the Republic of Indonesia Year 2020 Number 1190);

DECIDES:

To establish: A REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY CONCERNING TECHNICAL REQUIREMENTS FOR WAREHOUSES IN THE WAREHOUSE RECEIPT SYSTEM.

Article 1 (1) Warehouses used by Warehouse Operators must obtain approval from the Regulatory Agency. (2) The Regulatory Agency grants approval as referred to in paragraph (1) by considering technical requirements, including but not limited to the following: a. the purpose of warehouse use, related to the ability to store specific types of goods for a certain period; b. warehouse location; c. warehouse type, including: silo, cold storage, closed warehouse, open warehouse, and tank; d. size, including: height, area, and warehouse capacity; e. construction, humidity, and air temperature of the warehouse; f. equipment; and g. the duration of warehouse control in the event that the warehouse used is not owned by the Warehouse Operator. (3) In addition to considering the technical requirements as referred to in paragraph (2), warehouses must meet requirements regulated in the Indonesian National Standard. (4) In the event that the warehouse as referred to in paragraph (3) does not have an Indonesian National Standard, the Regulatory Agency may determine: a. the warehouse in question may refer to the Indonesian National Standard for a specific warehouse, based on the Regulatory Agency's study results; or b. specific technical requirements. (5) The determination of specific national standards for a type of warehouse that does not have an Indonesian National Standard as referred to in paragraph (4) letter a is established in a Decision of the Head of the Regulatory Agency. (6) Further provisions regulating specific technical requirements as referred to in paragraph (4) letter b are regulated in a separate Regulation of the Regulatory Agency.

Article 2 At the time this Regulation of the Head takes effect, the Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number 04 of 2016 concerning General and Technical Requirements for Closed Warehouses in the Warehouse Receipt System is revoked and declared invalid.