Regulation of the Head of the Commodity Futures Trading Regulatory Agency Number 12/BAPPEBTI/PER-SRG/5/2009 Concerning Procedures for Submission of Reports by Warehouse Managers, Conformity Assessment Bodies, and Registration Centers

REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY NUMBER: 12/BAPPEBTI/PER-SRG/5/2009 CONCERNING PROCEDURES FOR SUBMISSION OF REPORTS BY WAREHOUSE MANAGERS, CONFORMITY ASSESSMENT BODIES, AND REGISTRATION CENTERS

THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY,

Considering:
a. That in order to ensure orderly management and effectiveness of supervision of the Warehouse Receipt System, it is necessary to establish further provisions regarding the procedures for submission of reports by Warehouse Managers, Conformity Assessment Bodies, and Registration Centers; 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 Number 187/M of 2004 concerning the Formation of the United Indonesia Cabinet as amended several times, lastly with Presidential Decree Number 171/M of 2005;
5. Presidential Regulation 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, lastly with Presidential Regulation Number 20 of 2008;
6. Presidential Regulation Number 10 of 2005 concerning Organizational Units and Duties of Eselon I Ministries of the Republic of Indonesia as amended several times, lastly with Presidential Regulation Number 50 of 2008;
7. Presidential Decree 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: 12/BAPPEBTI/PER-SRG/5/2009 Date: May 19, 2009

8. Minister of Trade Regulation Number 01/M-DAG/PER/3/2005 concerning the Organization and Working Procedures of the Ministry of Trade as amended several times, lastly with Minister of Trade Regulation Number 34/M-DAG/PER/8/2007;

DECIDES:

To establish: A REGULATION OF THE HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY CONCERNING PROCEDURES FOR SUBMISSION OF REPORTS BY WAREHOUSE MANAGERS, CONFORMITY ASSESSMENT BODIES, AND REGISTRATION CENTERS.

Article 1
In this Regulation of the Head of the Commodity Futures Trading Regulatory Agency, the following terms are defined:

1. The Commodity Futures Trading Regulatory Agency, hereinafter referred to as Bappebti, is an Eselon I working unit within the Ministry of Trade that has duties and responsibilities in the field of Commodity Futures Trading and the Warehouse Receipt System.
2. Warehouse Manager is a party conducting warehousing business, whether using own warehouses or those of others, which performs storage, maintenance, and supervision of stored goods by the owners of the goods and has the right to issue Warehouse Receipts.
3. Warehouse Receipt Registration Center, hereinafter referred to as the Registration Center, is a legal entity business approved by the Regulatory Agency to manage Warehouse Receipts and Derivative Warehouse Receipts, including recording, storage, transfer of ownership, encumbrance of security rights, reporting, and provision of information systems and networks.
4. Conformity Assessment Body is an accredited institution that conducts a series of activities to assess or demonstrate that specific requirements related to products, processes, systems, and/or personnel are fulfilled.

Article 2
(1) Warehouse Managers are required to store certificates for goods, create and store accounting books, and create and store activity records related to the Warehouse Receipt System. (2) The records referred to in paragraph (1) include:
a. name and address of the goods owner; b. date of storage and due date;
c. description of stored goods including type, quality level, quantity, and if applicable, goods class;
d. number of issued Warehouse Receipts, including Replacement Warehouse Receipts, corrected Warehouse Receipts, destroyed Warehouse Receipts, and Warehouse Receipts encumbered with Security Rights; e. delivery of goods including date, type, quality, and quantity; f. value of goods at the time of entry, transfer, and due date; g. type and value of insurance; h. specimen of signatures of parties authorized to act on behalf of the Warehouse Manager in signing Warehouse Receipts; and
i. financial report accounting consisting of balance sheets, profit and loss statements, and cash flow statements.

Article 3
(1) Warehouse Managers are required to create monthly, quarterly, and annual reports using the forms contained in Appendix I, Appendix II, and Appendix III of this Regulation of the Head of the Commodity Futures Trading Regulatory Agency, which include:
a. Accounting and Activity Records of Warehouse Managers in the Warehouse Receipt System; b. Daily Stock Position of Warehouse Managers;
c. Profit/Loss Reports, Balance Sheets, and Cash Flow Statements of Warehouse Managers.
(2) The reports referred to in paragraph (1) must be reported to Bappebti.
(3) Appendix I, Appendix II, and Appendix III are an integral part of this Regulation of the Head of the Commodity Futures Trading Regulatory Agency.

Article 4
(1) Conformity Assessment Bodies are required to store photocopies of certificates for goods, create and store accounting books, and create and store records of every activity related to the Warehouse Receipt System. (2) The accounting books and records referred to in paragraph (1) must be created completely and systematically, containing at least:
a. name and address of the goods owner; b. date of sample collection;
c. goods used as test samples to obtain certificates for goods;
d. testing equipment used and calibration validity period; and e. scope of accreditation and its validity period.
(3) Conformity Assessment Bodies are required to store archives of tested goods samples related to the Warehouse Receipt System.

Article 5
(1) Conformity Assessment Bodies are required to create monthly, quarterly, and annual reports regarding accounting and activity records related to the Warehouse Receipt System using Appendix IV of this Regulation of the Head of the Commodity Futures Trading Regulatory Agency. (2) The reports referred to in paragraph (1) must be reported to Bappebti. (3) Appendix IV is an integral part of this Regulation of the Head of the Commodity Futures Trading Regulatory Agency.

Article 6
(1) Registration Centers are required to create and store accounting books and create and store records related to the Warehouse Receipt System; (2) The records referred to in paragraph (1) include:
a. registration code; b. name and address of the Warehouse Receipt issuer;
c. number of issued Warehouse Receipts, including Replacement Warehouse Receipts, destroyed Warehouse Receipts, and Warehouse Receipts encumbered with Security Rights;
d. description of stored goods, including: type, quality level, quantity, and if applicable, goods class; e. delivery of goods, including: type, date, quality level, quantity, goods class, and name and address of the goods recipient; f. name and address of Warehouse Receipt Holders, including transfer records; g. type and specifications of issued Warehouse Receipts; h. Warehouse Receipts encumbered with Security Rights;
i. Conformity Assessment Bodies that conducted certification for goods;
j. value of goods at the time of entry, transfer, and due date; k. type and value of insurance;
l. data on warehouse certificates and certificates for goods; and
m. list of warehouses, Warehouse Managers, Small Enterprises, Medium Enterprises, Farmer Groups, and Cooperatives related to the Warehouse Receipt System.

Article 7
(1) Registration Centers are required to create monthly, quarterly, and annual reports regarding accounting and activity records related to the Warehouse Receipt System using the forms contained in Appendix V of this Regulation of the Head of the Commodity Futures Trading Regulatory Agency. (2) The reports referred to in paragraph (1) must be reported to Bappebti. (3) Appendix V is an integral part of this Regulation of the Head of the Commodity Futures Trading Regulatory Agency.

Article 8
(1) Monthly reports must be submitted to Bappebti no later than 7 (seven) working days after the end of the reporting period.
(2) Quarterly reports must be submitted to Bappebti no later than 45 (forty-five) working days after the end of the reporting period.
(3) Annual reports must be submitted to Bappebti no later than 90 (ninety) working days after the end of the reporting year.

Article 9
With the enactment of this Regulation of the Head of the Commodity Futures Trading Regulatory Agency, Warehouse Managers, Conformity Assessment Bodies, and Registration Centers are required to adjust to the provisions in this Regulation of the Head of the Commodity Futures Trading Regulatory Agency no later than July 1, 2009.

Article 10
This Regulation of the Head of the Commodity Futures Trading Regulatory Agency shall take effect on the date of establishment.

Established in Jakarta on May 19, 2009

HEAD OF THE COMMODITY FUTURES TRADING REGULATORY AGENCY,

DEDDY SALEH

COPY
This Regulation of the Head of the Commodity Futures Trading Regulatory Agency is transmitted to:

1. Minister of Trade of the Republic of Indonesia;
2. Secretary General, Ministry of Trade;
3. Inspector General, Ministry of Trade;
4. Secretaries and Heads of Bureaus within the Bappebti environment;
5. For information.