Rabu, 17 Juni 2009

Aturan-aturan yang potensial menghambat perdagangan

European Commission melaporkan aturan-aturan yang potensial menghambat perdagangan yang dikeluarkan mitra dagangnya dari Negara-negara G20. Indonesia adalah salah satu Negara yang dilaporkan sebagai membuat aturan yang potensial menghambat perdagangan dengan Eropa.

Aturan-aturan yang dikeluarkan oleh Indonesia, yang menurut laporan tersebut potensial menghambat perdagangan dengan Eropa, adalah menyangkut Aturan perbatasan, aturan internal, dan pembatasan ekspor. Deskripsi dari aturan-aturan Indonesia, sebagaimana disebut dalam laporan tertanggal 12 June 2009 tersebut, adalah sbb:

1.Aturan Perbatasan,
• A regulation which entered into force on 15 December 2008 imposed burdensome requirements on imports on over 500 products. Imports are subject to licenses, must undergo pre-shipment inspection and can only enter the country through six seaports and international airports. Sectors affected: clothing/textiles, electronics, toys, footwear and food/beverages. It became effective for clothing and textiles on 1 January 2009 and for other products on 1 February 2009. The economic impact for EU exporters is up to EUR 630 million19. However, importers with a priority lane status (including biggest European companies) are exempted from these requirements, which reduces its impact.

• Ministry of Trade Decree 8/2009 (08/M-DAG/PER/2009) requires that 200 iron and steel products can only be imported by licensed importers and that all shipments must undergo a pre-shipment inspection. The requirement for pre-shipment inspection was postponed until 30 April 2009. Other requirements imposed by the Decree (import licenses) will apply nevertheless. The application of the Decree has been further delayed since the Minister of Trade is still considering which user industries should be excluded. No firm date for application has been set.

• From August - September 2008 the Indonesian food and drug regulatory agency started to vigorously enforce the requirement that all foodstuffs must be approved and registered. It is reported that it can take 6 to 9 months to register a product. BPOM seems to recognise to a certain extent the long delays in registration and has committed itself to reducing the time to 3 months (the legal requirement is 45 days).

• Ministry of Health Decree 1010/2008 restricts the scope of imported drugs that can be registered and provided that drugs which are currently importedmust be manufactured locally within 5 years. The Decree was adopted and became effective on 3 November 2008. Contrary to previous commitments to ensure that existing foreign importers (so called PBF companies) could continue to register their products, the Ministry of Health has back tracked to its original position so that drugs can only be imported if they fulfil a need and are not manufactured locally and imported drugs can only be registered by companies having manufacturing facilities in Indonesia. EU exports of pharmaceuticals to Indonesia amounted to EUR 145 million in 2007..

• Ministry of Finance Decree 19/2009 raises import tariffs on some products that are competing with locally manufactured products. This includes products such as milk, animal or vegetable oils, fruit juices, coffee and tea, chemicals, silver, steel, electronic products (machines, TVs etc.), manufactured products are as follows: packaged juices (10 to 15%), instant coffee (5 to 10 %), iron wire (7,5 to 10%), wire nails (0 to 7,5%) and electrical and non-electrical milling machines (0 to 7,5%). At the same time certain tariffs are reduced, mainly on input products needed for local manufacturing (e.g. dairy products and base chemicals). The Decree was adopted on 13 February 2009.

• The Ministry of Trade decided to prolong an import ban on sugar. Imports were to be allowed from 1 January 2009, but the import ban was prolonged until the end of April. In 2008, the Ministry of Trade only allowed imports of sugar during 3 months after previously promising to keep imports open for 6 months. The ban mainly affects the EU food and beverage manufacturing industry established in Indonesia as they need reliable access to high quality sugar for their manufacturing processes.

2.Aturan Internal

• In November 2008 the Ministry of Communications published a draft Decree on its web-site (for public consultation) that imposes a minimum 30% local content requirement on telecom equipment acquired by local operators. The Decree has still not been adopted and our latest information indicates that the Indonesian government might be re-considering the local content requirement.

• Ministry of Industry is proposing, through two decrees, to introduce mandatory standards and certification for a number of iron and steel products23. The requirements apply to both imported and domestically manufactured products. The two draft decrees have been notified under the WTO TBT Agreement24. It is not clear when they would be enacted. EU exports of iron and steel25 in Indonesia in 2007 amounted to about EUR 261 million.

• Potential local content requirement for public procurement of goods. Presidential instruction No. 2/2009 which entered into force on 9th February 2009, which stipulates that all state administration should "optimize" the use of domestic goods and services and give price preferences for domestic goods and providers, according to Guidance for Increasing the Use of Domestic Goods and Services set by the Ministry of Industry. This is a list of 470 products in 21 sectors. A national team has been set up, consisting of key ministers, which has the power to formulate policies and strategies to intensify the use of domestic goods. The President has also launched an "I Love Indonesia" campaign to promote domestic products. There have been rumours that the Ministry for Industry would be planning to introduce a local product requirement of 25 % to all retailers in Indonesia.

• Increased costs and delays for European tyre exports to Indonesia. Ministry of Industry / Indonesian National Standards Agency (SNI) has begun to require onsite nspections of tyre manufacturing plants in Europe for allowing tyre exports om these factories to Indonesia.

• Mandatory standard, certification and marking requirements for refined crystal sugar. Entered into force on 13 March 2009.

3.Pembatasan Ekspor

• A new mining law adopted on 16 Dec 2008 requires that minerals and coal must be processed before export. The Government has 1 year to put into place the necessary implementing regulations to give effect to the provisions of the law.

• Obligation for exporters of certain products (palm oil, minerals, also coal, coffee, cocoa and rubber) to obtain letters of credit from local banks for export transactions exceeding US$ 1million. In addition, exporters will be barred from receiving payment from foreign customers through overseas bank accounts. Companies with existing long-term contracts have been granted postponement until end of August 2009.

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