Regulation of the Commodity Futures Trading Supervisory Agency of the Republic of Indonesia Number 8 of 2018 Concerning Approval as a Warehouse for the Warehouse Receipt System

REGULATION OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY OF THE REPUBLIC OF INDONESIA NUMBER 8 OF 2018 CONCERNING APPROVAL AS A WAREHOUSE FOR THE WAREHOUSE RECEIPT SYSTEM BY THE GRACE OF THE MOST HIGH GOD

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

Considering: a. that in order to implement the provisions of Article 22 paragraph (3) 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 regulations governing approval as a Warehouse 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 Supervisory Agency concerning Approval as a Warehouse for 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 23 of 2014 concerning Regional Government (State Gazette of the Republic of Indonesia Year 2014 Number 244);
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) 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);
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 the 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 from and Within Senior Management Positions in the Environment of the Ministry of Trade;
8. Minister of Trade Regulation Number 08/M-DAG/PER/2/2016 concerning the 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 SUPERVISORY AGENCY CONCERNING APPROVAL AS A WAREHOUSE FOR THE WAREHOUSE RECEIPT SYSTEM.

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

1. The Commodity Futures Trading Supervisory 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, the 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. Warehouse Operator is a party that conducts warehousing business, whether owning the warehouse or using another's warehouse, which performs storage, maintenance, and supervision of stored goods by the goods owner and is entitled to issue Warehouse Receipts.
4. Warehouse is all immovable and non-movable rooms intended not to be visited by the general public, but specifically used as a place for storing goods that can be traded generally and meeting other conditions established by the Minister.
5. Conformity Assessment Body is an accredited institution that conducts a series of activities to assess or prove that specific requirements related to products, processes, systems, and/or personnel are met.
6. 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.
7. Commitment is a statement by the Business Actor to fulfill the requirements for Business License and/or Commercial or Operational License.
8. OSS Managing and Organizing Agency, hereinafter referred to as the OSS Agency, is a non-ministerial government agency that manages government affairs in the field of investment coordination.
9. 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.
10. 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) Warehouses in the Warehouse Receipt System must meet technical requirements as places for storing goods. (2) Technical Requirements as referred to in paragraph (1) are regulated in separate regulations or refer to the Indonesian National Standard for Warehouses.

Article 3 (1) Warehouses as referred to in Article 2 paragraph (1) must obtain approval as a Warehouse for the Warehouse Receipt System from the Head of Bappebti. (2) Parties eligible to submit an application for approval as a Warehouse for the Warehouse Receipt System are prospective Warehouse Operators or parties that have obtained approval as a Warehouse Operator from the Head of Bappebti. (3) The implementation of the authority to issue approval as referred to in paragraph (1) is conducted through the OSS Agency. (4) The OSS Agency as referred to in paragraph (3) issues approval as a Warehouse for the Warehouse Receipt System for and on behalf of the Head of Bappebti based on the provisions of Government Regulation on Integrated Electronic Business Licensing Services and Minister of Trade Regulation regulating Integrated Electronic Business Licensing Services in the Trade Sector.

Article 4 (1) Prospective Warehouse Operators or Warehouse Operators must possess an NIB to submit an application for approval as a Warehouse for the Warehouse Receipt System. (2) Prospective Warehouse Operators or Warehouse Operators 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 5 (1) Prospective Warehouse Operators or Warehouse Operators in obtaining approval as a Warehouse for the Warehouse Receipt System must fulfill Commitment and SLA requirements for 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 Warehouse Operators and Warehouse Operators in fulfilling Commitment and SLA for business licensing in the trade sector as referred to in paragraph (1) must complete them within the specified time frame 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 business licensing in the trade sector requires costs, prospective Warehouse Operators and Warehouse Operators make cost payments in the manner determined in accordance with statutory regulations. (4) In the event that prospective Warehouse Operators and Warehouse Operators cannot complete commitments within the established time frame as referred to in paragraph (2), the Warehouse cannot yet be used as a Warehouse for the Warehouse Receipt System and must submit a new application for business licensing in the trade sector to the OSS Agency. (5) Approval as a Warehouse for the Warehouse Receipt System becomes effective if all commitment requirements are fulfilled and payment has been made.

Article 6 (1) In providing approval as a Warehouse for the Warehouse Receipt System, Bappebti: a. examines the completeness and correctness of required documents; and b. examines the physical facilities and infrastructure of the Warehouse. (2) Bappebti provides notification to the OSS Agency no later than 3 (three) working days since the fulfillment of Commitment completeness is met. (3) Notification as referred to in paragraph (2) may consist of fulfillment of Commitment or non-fulfillment of Commitment.

Article 7 (1) Warehouse Operators must report to the OSS Agency every occurrence of changes in name and/or Warehouse address no later than 5 (five) working days after the change occurs. (2) Warehouse Operators must report to Bappebti and the Registration Center every occurrence of changes in Warehouse facilities and infrastructure no later than 5 (five) working days before the change is implemented.

Article 8 In the event that the OSS Agency is unable to process the issuance of business licensing in the trade sector regulated in this Agency Regulation, the Head of Bappebti issues approval as a Warehouse for the Warehouse Receipt System with the following provisions: a. Prospective Warehouse Operators or Warehouse Operators must submit an application electronically via http://srg.bappebti.go.id to the Head of Bappebti by attaching requirements as referred to in Article 5 paragraph (1). b. Bappebti conducts an examination of the validity and correctness of documents as referred to in Article 5 paragraph (1) and examines physical facilities and infrastructure within a time frame of 20 (twenty) working days since the documents are received complete. c. The Head of Bappebti, within the time frame as referred to in letter b, issues approval as a Warehouse for the Warehouse Receipt System 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 requirements as referred to in Article 5 paragraph (1) are incomplete, the application for approval as a Warehouse for the Warehouse Receipt System cannot be processed further. e. In the event that requirements as referred to in letter b are incomplete and incorrect, the application for approval as a Warehouse 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.

Article 9 At the time this Agency Regulation takes effect, Approvals as Warehouses for the Warehouse Receipt System that have been obtained and are still valid are declared to remain valid and must be registered by the approval holders into the OSS system.

Article 10 At the time this Agency Regulation takes effect, Regulation of the Head of Bappebti Number 02/BAPPEBTI/PER-SRG/7/2007 concerning Requirements and Procedures to Obtain Approval as a Warehouse in the Warehouse Receipt System is repealed and declared invalid.