Head of Commodity Futures Trading Supervisory Agency Regulation Number 2 of 2017 on Licensing Types in the Warehouse Receipt System, Standard Operating Procedures, and Service Level Arrangements

REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY NUMBER 2 OF 2017 CONCERNING TYPES OF LICENSING IN THE WAREHOUSE RECEIPT SYSTEM, STANDARD OPERATING PROCEDURES (STANDARD OPERATING PROCEDURE), AND SERVICE LEVEL ARRANGEMENTS BY THE GRACE OF THE MOST HIGH GOD, HEAD OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY, Considering: that in the order of administration, effectiveness, and ensuring legal certainty in the implementation of licensing for the Warehouse Receipt System, it is necessary to establish a Regulation of the Head of the Commodity Futures Trading Supervisory Agency regarding Types of Licensing in the Warehouse Receipt System, Standard Operating Procedures (Standard Operating Procedure), and Service Level Arrangements; 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 and 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);
9. Minister of Trade Regulation Number 86/M-DAG/PER/12/2016 concerning Provisions for Licensing Services in the Trade Sector Online and Electronic Signatures (Digital Signature) (State News of the Republic of Indonesia Year 2016 Number 2008);
DECIDES:
Establishing: A REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY CONCERNING TYPES OF LICENSING IN THE WAREHOUSE RECEIPT SYSTEM, STANDARD OPERATING PROCEDURES (STANDARD OPERATING PROCEDURE), AND SERVICE LEVEL ARRANGEMENTS.

Article 1
Types of licensing in the Warehouse Receipt System field provided by the Commodity Futures Trading Supervisory Agency are as follows:
a. approval as a Warehouse Operator in the Warehouse Receipt System; b. approval as a Warehouse in the Warehouse Receipt System;
c. approval as a Conformity Assessment Body in the Warehouse Receipt System; and
d. approval as a Registration Center in the Warehouse Receipt System.

Article 2
The Standard Operating Procedures (Standard Operating Procedure) for licensing services in the Warehouse Receipt System field as referred to in Article 1 are contained in the Appendix which is an integral part of this Head of Agency Regulation.

Article 3
The processing time for approvals as referred to in Article 1 is as follows:
a. approval as a Warehouse Operator in the Warehouse Receipt System at the latest 20 (twenty) working days; b. approval as a Warehouse in the Warehouse Receipt System at the latest 20 (twenty) working days;
c. approval as a Conformity Assessment Body in the Warehouse Receipt System at the latest 20 (twenty) working days; and
d. approval as a Registration Center in the Warehouse Receipt System at the latest 20 (twenty) working days.

Article 4
Upon the commencement of this Head of Agency Regulation, the Head of the Commodity Futures Trading Supervisory Agency Regulation Number 14/BAPPEBTI/PER-SRG/12/2010 concerning Types of Licensing in the Warehouse Receipt System, Standard Operating Procedures (Standard Operating Procedure), and Service Level Arrangements, is repealed and declared invalid.

Article 5
This Head of Agency Regulation shall come into force upon being promulgated.

APPENDIX
REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING SUPERVISORY AGENCY NUMBER 2 OF 2017 CONCERNING TYPES OF LICENSING IN THE WAREHOUSE RECEIPT SYSTEM, STANDARD OPERATING PROCEDURES (STANDARD OPERATING PROCEDURE), AND SERVICE LEVEL ARRANGEMENTS

STANDARD OPERATING PROCEDURE (STANDARD OPERATING PROCEDURE) APPLICATION FOR INSTITUTIONAL APPROVAL (WAREHOUSE OPERATOR AND WAREHOUSE, CONFORMITY ASSESSMENT BODY, AND REGISTRATION CENTER) IN THE WAREHOUSE RECEIPT SYSTEM

A. Description
The Warehouse Receipt System is one of the important and effective instruments in the trade financing system, because the Warehouse Receipt System can facilitate the provision of credit for farmers and the business world with inventory collateral or goods stored in warehouses. Implementation of the Warehouse Receipt System can provide benefits not only to commodity owners who utilize this system to obtain financing, but also to actors/institutions that play an active role in the Warehouse Receipt System. As a system, the Warehouse Receipt System requires complete and credible institutional components so that every function and role can run well to achieve the objectives of the WRS. Institutions in the Warehouse Receipt System include Warehouse Operators and Warehouses, Conformity Assessment Bodies, and Registration Centers, where these elements must meet requirements and regulations to obtain approval from the Commodity Futures Trading Supervisory Agency (Bappebti) as the Supervisory Body in the Warehouse Receipt System. Referring to provisions in Laws, Government Regulations of the Republic of Indonesia, Ministerial Regulations, and Decisions of the Head of the Commodity Futures Trading Supervisory Agency related to the Warehouse Receipt System, a Standard Operating Procedure for Processing Applications for Approval as Warehouse Operator, Warehouse, Conformity Assessment Body, and Registration Center in the Warehouse Receipt System has been created.

B. Related Parties
Business Actors, UPTP II Counter Staff, Bappebti Processing Team, Head of the SRG and PLK Supervision and Guidance Bureau, Head of Bappebti.

C. Forms/Documents Used
Application Letter, Supporting Documents according to Requirements.

D. Documents Produced
Receipt of Application, Approval Certificate with Digital Signature, Approval Document (Official Letter of Approval, Decision of the Head of Bappebti, and Approval Certificate with wet signature).

E. Work Procedure

1. Business Actor
   a. submit application electronically:
   1) enter the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id);
   2) login using the INATRADE access rights of the Ministry of Trade already owned by the Business Actor. If the INATRADE access rights are not yet owned, registration for access rights is done through the INATRADE site (http:/inatrade.kemendag.go.id) or through the link available on the SRG INSTITUTIONAL APPROVAL SERVICE site;
   3) select the type of institutional application in the Warehouse Receipt System (Warehouse Operator / Warehouse / Conformity Assessment Body / Registration Center);
   4) fill out the application form and follow the applicable procedures/requirements;
   5) receive notification via electronic mail (e-mail) from the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM as proof of receipt of the electronic approval application; and
   6) proceed to work procedure: receive notification via e-mail of approval issuance.
   b. receive notification of e-mail approval issuance or rejection
   1) the business actor receives notification via electronic mail (e-mail) or on the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM as a sign that the approval letter has been issued and can be picked up at the UPTP II counter, or rejected;
   2) the e-mail notification of approval issuance can be printed as proof to take the approval document; and
   3) a link is provided in the e-mail so that the business actor can check the history of the status of the approval application electronically through the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM.
   c. check document status (document tracking)
   1) the business actor accesses the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id);
   2) login using the INATRADE access rights of the Ministry of Trade already owned by the business actor;
   3) the document process position can be seen on the main page; and
   4) the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM will display the status of the business actor's licensing application in real-time.
   d. pickup of approval document
   1) approval certificate
   The approval certificate with digital signature can be printed directly by the applicant through the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with Applicant access rights;
   2) decision letter of the Head of Bappebti
   a) visit the UPTP II Counter bringing the Application Receipt/ or printout of e-mail approval notification; b) take the Queue Number Ticket provided; c) wait for the call according to the queue number; d) visit the counter staff to submit the Application Receipt and/or printout of e-mail approval notification; e) sign the form provided by the Counter Staff as proof that the Business Actor has taken the Approval Document; f) receive the decision letter & approval certificate with wet signature.

2. UPTP II Counter Staff
   a. hand over approval document
   1) login to the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with counter staff access rights;
   2) prepare and check the completeness of the approval document (Head of Bappebti decision letter & institutional approval certificate) according to the business actor's application number;
   3) change the status of the received document to: approval taken by applicant;
   4) ask the business actor to sign the receipt of pickup sheet which will subsequently be stored as UPTP II archive;
   5) hand over the approval document to the business actor.

3. Bappebti Processing Team
   a. examination and assessment of application documents
   1) login to the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with Bappebti Processing Team access rights;
   2) conduct an examination of the completeness of the approval documents submitted electronically by the business actor;
   3) conduct research and assessment of all completeness and validity of the approval application documents;
   4) if the approval application documents are deemed valid and in accordance, proceed to the approval printing procedure or physical infrastructure and facility inspection (if deemed necessary);
   5) if the approval application documents are deemed invalid and/or not in accordance, change the status of the application file to invalid and not in accordance, proceed to the rejection of approval application printing procedure.
   b. physical infrastructure and facility inspection
   1) login to the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with Bappebti Processing Team access rights;
   2) print the letter of notification of physical infrastructure and facility inspection then hand it over to the Head of the SRG and PLK Supervision and Guidance Bureau for approval and signature;
   3) inform and convey the letter of notification to the applicant business actor that a physical infrastructure and facility inspection will be conducted;
   4) conduct physical infrastructure and facility inspection;
   5) if the results of the physical infrastructure and facility inspection are deemed to meet regulations, change the status of the application file "facilities meet regulations", proceed to the approval document printing procedure;
   6) if the physical infrastructure and facility inspection is deemed not to meet regulations, change the status of physical infrastructure and facilities "does not meet regulations" accompanied by the reason, proceed to the rejection of application printing procedure.
   c. printing of licensing rejection
   1) login to the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with Bappebti Processing Team access rights;
   2) select the application according to the application number to be processed;
   3) print the rejection letter;
   4) submit the draft rejection letter to the Head of the SRG and PLK Supervision and Guidance Bureau for approval and signature;
   5) send the letter and inform the applicant business actor regarding the rejection of the approval application.
   d. printing of approval document
   1) login to the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with Bappebti Processing Team access rights;
   2) select the application according to the applicant number to be processed;
   3) print the draft decision letter of the Head of Bappebti regarding approval of warehouse operator / warehouse / conformity assessment body / registration center in the warehouse receipt system;
   4) submit the draft decision letter of the Head of Bappebti to the Head of the SRG and PLK Supervision and Guidance Bureau for approval and initial;
   5) submit the draft decision letter of the Head of Bappebti which has been initialed to the Head of Bappebti for approval and signature;
   6) inform the applicant business actor regarding the approval of the approval application;
   7) send the approval document to the UPTP II of the Ministry of Trade.

4. Head of the SRG and PLK Supervision and Guidance Bureau
   a. provide digital initial
   1) login to the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with Bappebti Processing Team access rights;
   2) select the application according to the applicant number to be approved to be submitted to the Head of Bappebti;
   3) if the approval application is approved to be submitted to the Head of Bappebti, the Head of the SRG and PLK Supervision and Guidance Bureau will press the "INITIAL" button. However, if deemed not yet suitable to be submitted to the Head of Bappebti, press the "REPAIR" button.
   b. provide manual initial
   1) receive the draft approval document from the processing team;
   2) examine the draft approval document;
   3) if the approval document is approved, the Head of the SRG and PLK Supervision and Guidance Bureau will provide an initial on the draft approval document as proof that an examination has been conducted on the document, and the process continues to point 5;
   4) if the draft approval document needs to be revised, the Head of the SRG and PLK Supervision and Guidance Bureau will provide notes for the processing team; and
   5) hand over the approved approval document to the Head of Bappebti.

5. Head of Bappebti
   a. provide digital signature
   1) login to the SRG INSTITUTIONAL APPROVAL SERVICE SYSTEM (http://srg.kemendag.go.id) with Bappebti Processing Team access rights;
   2) select the application according to the applicant number to be approved;
   3) if the approval application is approved, the Head of Bappebti will press the "APPROVE" button. However, if deemed necessary to be re-evaluated, press the "REPAIR" button or if deemed not suitable to be given approval, press the "REJECT" button.
   b. sign approval document:
   1) receive the draft approval document from the Head of the SRG and PLK Supervision and Guidance Bureau;
   2) examine the approval document;
   3) if the approval document is approved, the Head of Bappebti will provide an approval signature;
   4) if the approval document needs to be revised or rejected, the Head of Bappebti will provide notes for repair or rejection to the Head of the SRG and PLK Supervision and Guidance Bureau.

F. Additional Information

1. supporting documents are documents required for business actors in submitting approval applications;
2. business actors are required to prepare all supporting documents according to the requirements of the approval application digitally or hardcopy copies if requested by the Bappebti processing team;
3. UPTP II counter staff and the Processing Team are required to keep all files well;
4. approval documents can be in the form of approval letters (approval SK, approval certificate) with digital signature and/or wet signature;
5. approval documents are signed by authorized officials.

G. Timeframe for Completion
According to the Service Level Arrangement as attached.

SERVICE LEVEL ARRANGEMENT
FOR INSTITUTIONAL APPROVAL SERVICES
(WAREHOUSE OPERATOR & WAREHOUSE, CONFORMITY ASSESSMENT BODY, AND REGISTRATION CENTER) IN THE WAREHOUSE RECEIPT SYSTEM

1. Requirements
   1.1. New
   a. Application Letter b. List of Document Completeness in the Framework of Application for Approval as Warehouse Operator, Warehouse, Conformity Assessment Body, and/or Registration Center in the Warehouse Receipt System
   c. Application Form for Approval as Warehouse Operator, Warehouse, Conformity Assessment Body, and/or Registration Center in the Warehouse Receipt System
   1.2. Change
   a. Report on Changes in Completeness of Requirements for Warehouse Operator, Warehouse, Conformity Assessment Body, and/or Registration Center that Affect Approval

2. Processor
   2.1. Bureau: SRG and PLK Supervision and Guidance Bureau
   2.2. Signatory: Head of Bappebti
   2.3. Validity Period: While utilized in WRS activities
   2.4. Information: -

3. Regulations
   3.1. Number: 21/BAPPEBTI/PER-SRG/07/2015
   Date: July 27, 2015
   Concerning: Amendment to the Head of the Commodity Futures Trading Supervisory Agency Regulation Number 15/BAPPEBTI/PER-SRG/07/2012 concerning Requirements and Procedures for Obtaining Approval as a Warehouse Operator in the Warehouse Receipt System

3.2. Number: 02/BAPPEBTI/PER-SRG/07/2007
Date: July 9, 2007
Concerning: Requirements and Procedures for Obtaining Approval as a Warehouse in the Warehouse Receipt System

3.3. Number: 19/BAPPEBTI/PER-SRG/01/2015
Date: January 9, 2015
Concerning: Requirements and Procedures for Obtaining Approval as a Conformity Assessment Body in the Warehouse Receipt System

3.4. Number: 05/BAPPEBTI/PER-SRG/07/2007
Date: July 11, 2007
Concerning: Requirements and Procedures for Obtaining Approval as a Registration Center

4. Service Level Arrangement
   4.1. Electronic Process
   a. Document completion: 20 days after documents are complete b. Conditions:
   1) Document requirements are complete and correct;
   2) Online System is operating normally; and
   3) Business Actor conducts the license application process through the Online System according to applicable procedures.
   4.2. Cost: None
   4.3. Operational Schedule of the Integrated Trade Service Unit II (UPTP II):
   a. Monday to Thursday: 09.00 to 17.00 b. Friday: 09.00 to 17.30

FLOWCHART OF APPLICATION FOR INSTITUTIONAL APPROVAL IN THE WAREHOUSE RECEIPT SYSTEM ACTIVITY: Applicant, UPTP, Head of Bappebti, Head of SRG PLK Supervision Bureau, Processing Team Requirements: Standard Quality

1. Start: Applicant submits application for Warehouse Approval in SRG electronically
2. Applicant inputs Application Form through SRG Institutional Approval Service System
   Output: Softcopy of required documents, INATRADE Account & Application Data Time: 4 hours (1)
3. Processing Team checks document completeness through SRG Institutional Approval Service System
   Output: Complete Warehouse Approval Application Data for SRG Time: 2 days (2)
4. Processing Team conducts research and assessment of warehouse approval documents in SRG to see if they meet applicable requirements and regulations
   Output: Verification and Validation Data of the truth of the Warehouse Approval Application for SRG Time: 4 days (6) Note: If requirements are met, a receipt is issued. If not, the Processing Team sends a rejection notification through the system. For applications that do not comply, a rejection letter is made. Details of the stages of document research and assessment are presented in charts 4a-4e.
5. Processing Team determines if physical inspection (Documents, Facilities/Infrastructure and/or interview) is needed
   Output: Team Recommendation (physical inspection or not) Time: 7 days (13)
6. If Yes: Processing Team creates draft Approval Document (Official Letter of Institutional Approval, Decision of the Head of Bappebti, and Institutional Approval Certificate in SRG)
   Output: Draft Approval Document
   Time: 1 day (14)
7. Head of SRG PLK Supervision Bureau examines the Draft Official Letter of Approval, Decision of the Head of Bappebti, and Institutional Approval Certificate in SRG and provides approval initial
   Output: Official Letter of Approval, Decision of the Head of Bappebti, and Approval Certificate signed by the Head of Bappebti Note: Initials are provided digitally and manually (wet ink). Draft Approval Document has been initialed by the Head of SRG PLK Supervision Bureau. Completeness of draft official letters, etc. Time: 2 days (16)
8. Head of Bappebti signs the Official Letter of Approval, Decision of the Head of Bappebti, and Institutional Approval Certificate in SRG
   Output: Draft Approval Document has been initialed by the Head of SRG PLK Supervision Bureau Note: Signature is provided digitally and manually (wet ink). Details of the physical inspection stage are presented in flowchart 5a-5e. Time: 2 days (18)
9. Processing Team inputs Institutional Approval data into the System and hands over Approval Documents to UPTP II
   Output: Official Letter of Approval, Decision of the Head of Bappebti, and Approval Certificate
10. UPTP receives Official Letter of Approval, Approval Certificate, Warehouse Approval SK in SRG
11. Processing Team prepares signed Approval Documents for archiving and handover to the applicant
    Output: Official Letter of Approval, Decision of the Head of Bappebti, and Approval Certificate