Regulation of The Minister of Trade No 3 of 2015 On Oil, Gas, and Other Fuel Importation & Exportation Provisions - en PDF

MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF

INDONESIA NUMBER 03/M-DAG/PER/1/2015
ON
OIL, GAS AND OTHER FUEL EXPORTATION AND IMPORTATION
PROVISIONS
BY THE GRACE OF THE ONE AND SUPREME GOD
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering :
a. That
oil,
strategic
gas
and
natural
renewable
or
constitute
vital
other
fuels
resources,
are
either
non-renewable,
and
commodities
that
control the necessities of life of many

people and have significant roles in
the national economy and social welfare
so that their national management must
be able to bring prosperity and welfare
to Indonesian people;
b. That
in
order
to
support
the
availability
of
oil,
gas
and
other
fuels, it is necessary to stipulate a

regulation on oil, gas, and other fuel
exportation and importation;
c. That in consideration of the foregoing
matters as referred to in letters a and
b, and with due regard to developments
in the policy on oil, gas and other
fuel, it is necessary to regulate the
policy
on
oil,
gas,
and
other
fuel
exportation and importation;

d. That in consideration of the foregoing
matters as referred to in letters a, b
and c, it is necessary to stipulate a
Regulation of the Minister of Trade on
Oil, Gas, and Other Fuel Exportation
and Importation Provisions;
In view of
1. Law No. 7 of 1994 on Ratification of

the
Agreement
Trade
the
Establishing
Organization
Republic
of
(State
Indonesia
the
World
Gazette
of
No.
of
57
1994, Supplement to the State Gazette

of the Republic of Indonesia No. 3564);
2. Law No. 10 of 1995 on Customs (State
Gazette of the Republic of Indonesia

No. 75 of 1995, Supplement to the State
No. 3612) as amended by the Law No. 17
of 2006 (State Gazette of the Republic
of Indonesia No. 93 of 2006, Supplement
to the State Gazette of the Republic of
Indonesia No. 4661);
3. Law
No.
of
1999
on
Prohibition
Against Monopoly Practices and Unfair

Competition
(State
Gazette
of
the
Republic of Indonesia No. 33 of 1999,

Supplement to the State Gazette of the
Republic of Indonesia No. 3806);
4. Law
No.
(State
22
of
Gazette
2001
of
on
the
Oil
and
Republic
Gas
of
Indonesia No. 136 of 2001, Supplement

5. Law No. 39 of 2008 on State Ministries
(State
Gazette
of
the
Republic
of

6. Law
No.
32
Protection
of
2009
and
on
Environmental
Management
(State

No.
140
State
of
2009,
Gazette
Supplement
of
the
to
the
Republic
of

7. Law
No.
of
2014
on
Trade
(State

No. 45 of 2014, Supplement to the State
No. 5512);
8. Government Regulation No. 35 of 2004 on
Oil
and
Gas
Activities
Upstream
(State
Gazette
Business
of
the

Republic
of
Indonesia
No.
4435)
as
amended several times, recently by the

Government Regulation No. 55 of 2009
(State
Gazette
of
the
Republic
of

9. Government Regulation No. 36 of 2004 on
Oil
and
Gas
Activities
Downstream
(State
Business
Gazette
of
the

Republic
amended
of
by
Indonesia
the
No.
Government
4436)
as
Regulation
No. 30 of 2009 (State Gazette of the

Republic of Indonesia No. 4996);
10.
Presidential Regulation No. 47 of
2009 on Formation and Organization of

State
Ministries
times,
recently
as
amended
by
several
Presidential
Regulation No. 13 of 2014;

11.
Presidential
Regulation
of
the
Republic of Indonesia Number 24 of 2010

on Positions, Duties, Functions of the
State
Ministries
Structures,
Duties
and
and
Organizational
Functions
of
First Echelons of the State Ministries

as amended several times, recently by
the Presidential Regulation No. 135 of
2014;
12.
Presidential Regulation No. 9 of
2013 on Administration and Supervision

of
Oil
and
Gas
Upstream
Business
Activities;
13.
2014
Presidential Decree No. 121/P of

on
Formation
of
Ministries
and
Appointment of 2014 - 2019 Work Cabinet

Ministers;
14.
Regulation
of
the
Minister
of
Energy and Mineral Resources No. 32 of

2008
on
Provision,
Utilization,
and
Trade Regulation of Biofuel as Other

Fuel as amended several times, recently
by the Regulation of the Minister of
2014;
15.
Regulation
Trade
No.
General
of
the
Minister
54/M-DAG/PER/9/2009
Provisions
in
the
of
on
Field
of
Minister
of
Importation;
16.
Trade
Regulation
No.
of
the
31/M-DAG/PER/7/2010
on
Organization and Working Procedures of

the Ministry of Trade as amended by the
Regulation of the Minister of Trade No.

57/M-DAG/PER/8/2012;
17.
Regulation
Trade
No.
General
of
the
Minister
13/M-DAG/PER/3/2012
Provisions
in
the
of
on
Field
of
Minister
of
Exportation;
18.
Regulation
Trade
No.
Importer
of
the
27/M-DAG/PER/5/2012
Identification
Provisions
recently
as
by
Minister
amended
the
of
Number
several
Regulation
Trade
on
(API)
times,
of
No.
the
84/M-
DAG/PER/12/2012;
19.
Regulation
of
the
Minister
of

2013
on
Organization
and
Working
Procedures of the Special Task Force

Implementer
of
Oil
and
Gas
Upstream
Business Activities;
20.
Regulation
Trade
No.
of
the
Minister
46/M-DAG/PER/8/2014
of
on
General Provisions of Verification or

Technical
Trade;
Inquiry
in
the
Field
of
DECIDES:
To stipulate: REGULATION OF THE MINISTER OF TRADE ON OIL,
GAS, AND OTHER FUEL EXPORTATION AND IMPORTATION PROVISIONS.
Article 1
Unless
otherwise
specified
herein,
the
words
and
expressions used herein shall have the meanings ascribed to

them as follows:
1. Exportation shall mean the activity of exporting goods
from the customs territory.
2. Importation shall mean the activity of importing goods
into the customs territory.
3. Oil shall mean the result of natural process in the
form of hydrocarbon that, in atmospheric pressure and
temperature conditions, takes the form of liquid or
solid
phase,
ozokerite,
process,
including
and
bitumen
excluding
coal
asphalt,
derived
or
other
mineral
wax
or
from
the
mining
solid
hydrocarbon
deposits derived from activities unrelated to Oil and

Gas business activities.
4. Gas shall mean the result of natural process in the
form of hydrocarbon that, in atmospheric pressure and
temperature conditions, takes the form of gas phase
derived from the Oil and Gas mining process.
5. Other Fuel shall mean any liquid or gas fuel derived
from
other
than
Oil,
Gas
and
processed
products
thereof.
6. Oil and Gas Upstream Business Activity shall mean any
business activity centering or focusing on the Oil and
Gas exploration and exploitation business activity.
7. Oil and Gas Downstream Business Activity shall mean
any activity centering or focusing on the processing,
transportation,
storage,
and/or
trading
business
activity.
8. Business Entity, hereinafter abbreviated as BE, shall
mean
company
in
the
form
of
legal
entity
that
conducts a permanent and continuous line of business

and is established in accordance with the prevailing
laws and regulations and operates and is domiciled in
within
the
territory
of
the
Unitary
State
of
the
Republic of Indonesia.
9. Permanent
PE,
Establishment,
shall
mean
incorporated
hereinafter
business
outside
the
entity
abbreviated
established
territory
of
the
as
and
Unitary
State of the Republic of Indonesia that engages in

activities within the Unitary State of the Republic of
Indonesia and is subject to the prevailing laws and
regulations in the Republic of Indonesia.
10.
Direct
User
of
Oil,
Gas,
and
Other
Fuel,
hereinafter referred to as the Direct User, shall mean

any business entity in the form of either legal entity
or non legal entity that performs the Oil, Gas and/or

Other Fuel importation for personal purposes and and
not for commercial purposes.
11.
Oil
and
Gas
Registered
Exporter,
hereinafter
abbreviated as the OGRE, shall mean any company that

performs the Oil and Gas exportation.
12.
Other
Fuel
abbreviated
as
Registered
OFRE,
shall
Exporter,
mean
hereinafter
any
company
that
performs the Other Fuel exportation.

13.
Oil
and
Gas
Registered
Importer,
hereinafter
abbreviated as the OGRI, shall mean any company that

performs the Oil and Gas importation.
14.
Other
Fuel
abbreviated
as
Registered
OFRI,
shall
Importer,
mean
any
hereinafter
company
that
performs the Other Fuel importation.

15.
the
Recommendation shall mean a certificate issued by

proper
relevant
agency/unit
officer
and
constitutes a requirement as a matter of consideration

for the issue of Oil, Gas, and Other Fuel exportation
or importation approval.
16.
Oil
and
Gas
Exportation
Approval,
hereinafter
abbreviated as the OGEA, shall mean the Oil and Gas

exportation permit.
17.
Other
Fuel
Exportation
Approval,
hereinafter
abbreviated as the OFEA, shall mean the Other Fuel
exportation permit.
18.
Oil
and
Gas
Importation
Approval,
hereinafter
abbreviated as the OGIA, shall mean the Oil and Gas

importation permit.
19.
Other
Fuel
Importation
Approval,
hereinafter
abbreviated as the OFIA, shall mean the Other Fuel

importation permit.
20.
Minister shall mean the minister administering
governmental affairs in the field of trade.

21.
Minister of Energy and Mineral Resources shall
mean the minister administering governmental affairs

in the field of energy and mineral resources.
22.
Director General shall mean the Director General
of Foreign Trade at the Ministry of Trade.

23.
Director General of Oil and Gas shall mean the
Director General of Oil and Gas of at the Ministry of

Energy and Mineral Resources.
24.
Director
General
of
New,
Renewable
Energy
and
Energy Conservation shall mean the Director General of

New, Renewable Energy and Energy Conservation at the
Ministry of Energy and Mineral Resources.
Article 2
Oil,
Gas,
importation
and
Other
Fuel
are
restricted
of
as
which
set
out
exportation
in
Annex
and
that
constitutes an integral part hereof.
Article 3
(1)
Oil, Gas, and Other Fuel as referred to in Annex 2

may only be exported and imported in consideration
of the conditions of domestic supply and needs.
(2)
In consideration of the foregoing matters as in

paragraph (1), the Minister of Energy and Mineral
Resources
in
this
case
the
Director
General
of
Mineral and Gas and the Director General of New,

Renewable
Energy,
and
Energy
Conservation,
shall
issue a Recommendation on the type and quantity of

exportable and importable Oil, Gas and Other Fuel.
Article 4
(1)
Oil and Gas as referred to in Article 2 may only be

exported by:
a. A BE that engages in the Oil and Gas Upstream Business

Activity;
b. A PE that engages in the Oil and Gas Upstream Business
Activity; and
c. A
BE
that
engages
in
the
Oil
and
Gas
Downstream
Business Activity.
(2)
The
BE
and
PE
as
referred
to
in
paragraph
(1)
letters a, b, and c shall obtain recognition as the
OGRE from the Minister.

(3)
The Minister shall delegate the authority for issue

of
recognition
as
the
OGRE
as
referred
to
in
paragraph (2) to the Director General.
Article 5
(1)
Other Fuel as referred to in Article 2 may only be

exported by the BE that engages in the Other Fuel
business activity.
(2)
The BE as referred to in paragraph (1) shall obtain

recognition as the OFRE from the Minister.
(3)

of
recognition
as
the
OFRE
as
referred
to
in
OGRE
as
Article 6
(1)
In
order
to
obtain
recognition
as
the
referred to in Article 4 and the OFRE as referred

to in Article 5, the BE and the PE shall file an
application in writing to the Minister in this case
the Director General by enclosing:
a. a photocopy of the business license;
b. a photocopy of the Taxpayer Identification Number
(NPWP); and
c. a photocopy of the Company Registration Number
(TDP), for the BE.
(2)
Based on the written application as referred to in

paragraph (1), the Director General on behalf of
the Minister shall issue a recognition as the OGRE,
and
recognition
(five)
business
as
days
the
upon
OFRE
no
later
complete
than
and
proper
receipt of the application.

Article 7
The recognition as the OGRE, and the recognition as the
OFRE as referred to in Article 6 paragraph (2) shall be
valid for 3 (three) years as of the date issued.
Article 8
(1)
Any
OGRE
that
will
perform
the
Oil
and
Gas
exportation shall be required to first obtain the

OGEA from the Minister.
(2)
Any
OFRE
that
will
perform
the
Other
Fuel
exportation shall be required to first obtain the

OFEA from the Minister.
(3)

of the OGEA as referred to in paragraph (1) and the
OFEA
as
referred
Director General.
to
in
paragraph
(2)
to
the
Article 9
(1)
In
order
to
obtain
the
OGEA
as
referred
to
in
Article 8 paragraph (1) and the OFEA as referred to

in Article 8 paragraph (2), the OGRE, and the OFRE
shall
file
Minister
an
in
application
this
case
in
the
writing
Director
to
General
the
by
enclosing:
b. a
photocopy
of
the
Taxpayer
Identification
Number
(NPWP);
c. a photocopy of the Company Registration Number (TDP),
for the OGRE, and the OFRE as a BE;
d. a
photocopy
of
the
Customs
Identification
Number
(NIK);
e. a photocopy of recognition as the OGRE or the OFRE;
f. a report on realization of Oil and Gas or Other Fuel
exportation, for BEs and PEs that have obtained the
exportation approval beforehand; and
g. a Recommendation on Oil and Gas exportation from the
Director
General
Minister
of
of
Energy
Oil
and
and
Gas
Mineral
on
behalf
Resources,
of
the
for
the
OGRE; or
h. a Recommendation on Other Fuel exportation from the
Director General of New, Renewable Energy and Energy
Conservation on behalf of the Minister of Energy and
Mineral Resources, for the OFRE.

(2)

the Minister shall issue the OGEA, and the OFEA no
later than 5 (five) business days upon complete and
proper receipt of the application.
Article 10
The OGEA and the OFEA as referred to in Article 9 paragraph
(2) shall be valid in accordance with the validity period
of Recommendation from the Director General of Oil and Gas
or the Director General of New, Renewable Energy and Energy
Conservation.
Article 11
(1)
The Oil and Gas as referred to in Article 2 may

only be imported by:
a. A BE that engages in the Oil and Gas Downstream
Business Activity; and
b. A Direct User.
(2)
The
BE
and
the
Direct
User
as
referred
to
in
paragraph (1) shall obtain designation as the OGRI

from the Minister.
(3)
The Minister shall delegate the authority of issue
of
designation
as
the
OGRI
as
referred
to
in
Article 12
(1)
Other Fuel as referred to in Article 2 may only be

imported by:
a. A BE that engages in the Other Fuel business
activity; and
b. A Direct User.
(2)
The
BE
and
the
Direct
User
as
referred
to
in
paragraph (1) shall obtain designation as the OFRI

from the Minister.
(3)

of
designation
as
the
OFRI
as
referred
to
in
OGRI
as

Article 13
(1)
In
order
to
obtain
designation
as
the
referred to in Article 11 and designation as the

OFRI as referred to in Article 12, the BE and the
Direct User shall file an application in writing to
the Minister in this case the Director General by
enclosing:
b. a
photocopy
(NPWP);
of
the
Taxpayer
Identification
Number
c. a photocopy of the Company Registration Number (TDP);

and
d. a
photocopy
of
the
Importer
Identification
Number
(API).
(2)

the Minister shall issue a designation as the OGRI,
and
(five)
designation
business
as
the
days
upon
OFRI
no
later
complete
than
and
proper
receipt of the application.
Article 14
The
OGRI
and
the
OFRI
as
referred
to
in
Article
13
paragraph (2) shall be valid for 3 (three) years as of the

date issued.
Article 15
(1)
Any
OGRI
that
will
perform
the
Oil
and
Gas
importation shall be required to first obtain the

OGIA from the Minister.
(2)
Any
OFRI
that
will
perform
the
Other
Fuel
importation shall be required to first obtain the

OFIA from the Minister.
(3)

of the OGIA as referred to in paragraph (1) and the
OFIA
as
referred
to
in
paragraph
(2)
to
the
Director General.
Article 16
(1)
In
order
to
obtain
the
OGIA
as
referred
to
in
Article 15 paragraph (1) and the OFIA as referred

to in Article 15 paragraph (2), the OGRI, and the
OFRI shall file an application in writing to the
Minister
in
this
case
the
Director
General
by
enclosing:
b. a
photocopy
of
the
Taxpayer
Identification
Number
(NPWP);
d. a
photocopy
of
the
Importer
Identification
Number
Customs
Identification
Number
(API);
e. a
photocopy
of
the
(NIK);
f. a photocopy of designation as the OGRI or the OFRI;
g. a report on realization of Oil and Gas or Other Fuel
importation,
for
BEs
and
Direct
Users
that
have
obtained the importation approval beforehand; and

h. a Recommendation on Oil and Gas importation from the
Director
General
of
Oil
and
Gas
on
behalf
of
the
Minister
of
Energy
and
Mineral
Resources,
for
the
OGRI; or
i. a Recommendation on Other Fuel importation from the
Mineral Resources, for the OFRI.
(2)
Based on the writtn application as referred to in

the Minister shall issue the OGIA, and the OFIA no
Article 17
The
OGIA
and
the
OFIA
paragraph
(2)
shall
be
as
referred
valid
in
to
in
Article
accordance
with
16
the
validity period of Recommendation from the Director General

of Oil and Gas or the Director General of New, Renewable
Energy and Energy Conservation.
Article 18
(1)
Oil, Gas, and Other Fuel that form part of the

state
and/or
belong
to
the
state
may
only
be
exported by an exportation implementer appointed by

the competent agency/institution in the field of
Oil, Gas, and Other Fuel.
(2)
The
exportation
implementer
as
referred
to
in
paragraph (1) that will perform the Oil, Gas, and

Other Fuel exportation that form part of the state
and/or belong to the state shall be required to
first
obtain
the
OGEA
and
the
OFEA
from
the
Minister.
(3)

of
the
OGEA
and
the
OFEA
as
referred
to
in
OFEA
as

Article 19
(1)
In
order
referred
to
to
obtain
in
the
OGEA,
Article
18,
and
the
the
exportation
implementer shall file an application in writing to

the Minister in this case the Director General by
enclosing:
b. a
photocopy
of
the
Taxpayer
Identification
Number
(NPWP);
d. a photocopy of recognition as the OGRE or the OFRE;
and
e. a Recommendation on Oil and Gas exportation from the
Director
General
of
Oil
and
Gas
on
behalf
of
the
Minister of Energy and Mineral Resources; or

f. a Recommendation on Other Fuel exportation from the

Mineral Resources.
(2)

the Minister shall issue the OGEA, and the OFEA no
Article 20
The
OGEA
and
the
OFEA
paragraph
(2)
shall
be
as
referred
valid
in
to
in
accordance
Article
with
19
the
validity period of Recommendation from the Director General

of Oil and Gas or the Director General of New, Renewable
Energy and Energy Conservation.
Article 21
(1)
Oil, Gas and Other Fuel to be exported and imported

shall be verified or technically inquired at the
port of loading.
(2)
The verification or technical inquiry as referred

to
in
paragraph
(1)
shall
be
conducted
by
Surveyor designated by the Minister.

Article 22
In
order
to
be
designated
as
the
implementer
of
verification or technical inquiry as referred to in Article

21 paragraph (2), the Surveyor shall meet the following
requirements:
a. has a Survey Service Business License (SIUJS);

b. has an experience as a Surveyor for at least 5 (five)
years;
c. has branches or representatives throughout Indonesia
for verification or technical inquiry of exportation
or affiliation overseas for verification or technical
inquiry of importation; and
d. has
an
excellent
management
of
track
record
verification
or
in
the
technical
field
of
inquiry
of
exportation and importation.
Article 22
(1)
The
verification
or
technical
inquiry
of
exportation and importation of Oil, Gas, and Other

Fuel as referred to in Article 21 paragraph (1)
shall contain data or information at least about:
a. Name and address of exporter;
b. Name and address of importer;
c. Type;
d. Volume;
e. Tariff/HS Item;
f. Port of Loading;
g. Port of destination; and
h. Country of origin, for verification or technical
inquiry of importation.
(2)
The results of verification or technical inquiry as

referred to in paragraph (1) shall be embodied in
the form of a Surveyor Report (SR) for use as a
customs supplementary document in customs clearance
in the field of exportation and importation.
(3)
Any
cost
incurred
from
the
verification
or
technical inquiry of exportation and importation as

referred to in paragraph (1) shall be charged on
the state budget.
(4)
In
case
the
cost
needed
for
verification
or
technical inquiry as referred to in paragraph (3)

is unavailable, the cost shall be charged on the
exporter and the importer on the basis of benefit
principle.
Article 24
The verification or technical inquiry of exportation and
importation by the Surveyor shall be without prejudice to
the authority of the Directorate General of Customs and
Excise, the Minister of Finance for customs inspection.
Article 25
(1)
The OGRE, the OFRE, the Oil and Gas exportation

implementer,
and
the
Other
Fuel
exportation
implementer that have obtained the OGEA and the
OFEA, and the OGRI, and the OFRI that have obtained
the OGIA and the OFIA shall be required to submit
the
report
on
implementation
exportation
in
writing,
or
either
importation
realized
or
unrealized, to:
a. The Minister in this case the Director General; and
b. The Minister of Energy and Mineral Resources in this
case
the
Director
General
of
Oil
and
Gas
or
the

Conservation.
(2)
The report on Oil, Gas and Other Fuel exportation

implementation
and
the
report
on
Oil,
Gas,
and
Other Fuel importation implementation as referred

to in paragraph (1) shall be submitted each month
no
later
than
immediately
the
succeeding
15th
(fifteenth)
month
online
day
of
through
the
http://inatrade.kemendag.go.id.
(3)
The form of report on Oil, Gas, and Other Fuel

exportation implementation, and the report on Oil,
Gas, and Other Fuel importation implementation as
referred
to
in
paragraph
(1)
as
referred
to
in
Annex II that constitutes an integral part hereof.

Article 26
The Surveyor as referred to in Article 21 paragraph (2)
shall
be
required
to
submit
written
report
on
implementation of the verification and technical inquiry of

exportation and importation of Oil, Gas and Other Fuel to
the Director General each month no later than the 15th
(fifteenth) day of immediately succeeding month.
Article 27
(1)
The OGRE, the OFRE, the OGRI, the OFRI, the Oil and
Gas
with
exportation
the
obligation
implementation
referred
implementer
to
in
of
to
that
submit
exportation
Article
25
or
shall
fail
to
the
report
on
importation
as
be
comply
liable
to
sanctions in the form of written reprimand from the

Director General on behalf of the Minister.
(2)
In case the OGRE, the OFRE, the OGRI, the OFRI, the
Oil and Gas exportation implementer, and the Other
Fuel exportation implementer disregard the written
reprimand as referred to in paragraph (1) for 2
(two) times, the Director General on behalf of the
Minister shall suspend the issue of OGEA, OFEA,
OGIA, and OFIA for maximum period of 2 (two) years.
Article 28
The OGRE, the OFRE, the OGRI, the OFRI, the OGEA, the OFEA,
the OGIA, and the OFIA shall be revoked if the company:
a. fails
to
submit
the
report
on
implementation
of
exportation or importation of Oil, Gas, and Other Fuel

following the period of suspension against the issue
of
OGEA,
OFEA,
OGIA,
and
OFIA
as
referred
to
in
Article 27 paragraph (2);

b. is proven to have submitted any incorrect data and/or
information as a requirement for obtaining the OGRE,
the OFRE, the OGRI, the OFRI, the OGEA, the OFEA, the
OGIA, and/or the OFIA;
c. exports or imports any Oil, Gas, and Other Fuel of
which type is not in accordance with and/or of which
quantity exceeds the one set out in the OGEA, the
OFEA, the OGIA, and/or the OFIA documents;
d. is proven to have altered any data and/or information
set out in the OGRE, the OFRE, the OGRI, the OFRI, the
OGEA, the OFEA, the OGIA, and/or the OFIA documents;
and/or
e. is declared guilty under the court judgment having
permanent legal power for any crime related to the
misuse of the OGRE, the OFRE, the OGEA, the OFEA, the
OGIA, and/or the OFIA.
Article 29
Designation as the Surveyor implementer of verification or
technical inquiry of exportation and importation of Oil,
Gas and Other Fuel as referred to in Article 21 paragraph
(2) shall be revoked if the Surveyor:
a. fails to comply with the written reporting obligation
as referred to in Article 26 for 2 (two) times; and/or

b. commits
any
violation
verification
or
in
technical
the
implementation
inquiry
of
of
exportation
and/or importation of Oil, Gas, and Other Fuel.
Article 30
The revocation of designation as the Surveyor as referred
to in Article 29 shall be stipulated by the Minister.
Article 31
(1)
Any Company that performs the exportation and/or

importation
of
accordance
with
liable
to
Oil,
Gas,
the
and
Other
provisions
sanctions
pursuant
Fuel
herein
to
not
in
shall
be
the
customs
provisions and/or other provisions under the laws

and regulations.
(2)
Any
Oil,
accordance
Gas,
with
and
the
Other
Fuel
provisions
imported
hereof
not
in
shall
be
liable to re-exportation sanction.

(3)
The re-exportation cost as referred to in paragraph

(2)
shall
importer.
become
the
responsibility
of
the
Article 32
For the purpose of supervising the enforcement of this
Ministerial Regulation, the Director General together with
the
Director
General
of
Oil
and
Gas,
and
the
Director
General of New, Renewable Energy and Energy Conservation

may
form
Oil,
Gas
and
Other
Fuel
Exportation
and
Importation Implementation Evaluation Team.
Article 33
(1)
The provisions of this Ministerial Regulation shall

not apply to the exportation and importation of
Oil, Gas, and Other Fuel that constitute:
a. sample goods; and

b. goods for research purposes.
(2)
Exportation and Importation of Oil, Gas, and Other

Fuel that constitute the goods as referred to in
paragraph (1) still require technical consideration
from the Ministry of Energy and Mineral Resources
and approval from the Director of Exportation of
Industrial and Mining Products or the Director of
Importation at the Directorate General of Foreign
Trade, the Ministry of Trade.
Article 34
Exceptions of the provisions set forth in this Ministerial

Regulation
shall
be
stipulated
by
the
Minister
by
considering the suggestions from the relevant agency.

Article 35
The technical instructions for enforcing this Ministerial
Regulation may be stipulated by the Director General.
Article 36
The implementation of exportation and importation of Oil,
Gas, and Other Fuel shall, in addition to being subject to
the
provisions
of
this
Ministerial
Regulation,
also
be
subject to the provisions of other laws and regulations on

Oil, Gas, and Other Fuel.
Article 37
The
Exportation
Approval
and
the
Importation
Approval
issued under the Regulation of the Minister of Trade No.

42/M-DAG/PER/9/2009
on
Oil
and
Gas
Exportation
and
Importation Provisions shall be remain in full force and

effect
until
the
expiry
of
the
validity
period
of
the
Exportation Approval and the Importation Approval.
Article 38
Upon the entry into force of this Ministerial Regulation,
the
Regulation
of
the
Minister
of
Trade
No.
42/M-
DAG/PER/9/2009 on Oil and Gas Exportation and Importation
Provisions shall be revoked and declared null and void.
Article 39
This
Ministerial
Regulation
shall
enter
into
force
90
(ninety) days as of the date stipulated.

For public cognizance, hereby ordering the promulgation of
this
Ministerial
Regulation
by
its
placement
in
the
Official Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On: January 5, 2015
RACHMAT GOBEL
Issued as true certified copy.
Secretary General of the Ministry of Trade
Daily Acting Head of Legal Bureau
AHMAD FIRDAUS SUKMONO
ANNEX I
REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF
INDONESIA
NUMBER 03/M-DAG/PER/1/2015
ON
OIL, GAS AND OTHER FUEL EXPORTATION AND IMPORTATION
PROVISIONS
LIST OF OIL, GAS, AND OTHER FUEL OF WHICH EXPORTATION AND
IMPORTATION ARE RESTRICTED
NO.
NAME OF GOODS
TARIFF/HS ITEM
REMARKS
A OIL
1 Crude Oil
2709.00.10.00
2 Condensate
2709.00.20.00
For
exportation
only
3 Fuel Oil:
a.
Gasoline and HOMC RON 97 and beyond
27010.12.11.00
2710.12.12.00
b.
Gasoline and HOMC RON 90 but below RON
2710.12.13.00
97
2710.12.14.00
c.
Gasoline and HOMC below RON 90
2710.12.15.00
d.
Aviation Gasoline (Avgas)
2710.12.20.00
e.
Aviation Turbine (Avtur/Jet A1)
2710.19.81.00
2710.12.16.00
2710.19.82.00
f.
Diesel
Oil/HSD/Gas
Oil/Automotive
2710.19.71.00
Diesel Oil
g.
Other Diesel Oil
2710.19.72.00
h.
Marine Fuel Oil
2710.19.79.00
i.
Kerosene
2710.19.83.00
4 Processed Products
a.
Naphtha
b.
Carbon Black Feedstock
c.
Residue:
Ex.
For
2710.12.70.00
only
2710.19.30.00
(i)
Low Sulfur Waxy Residues
Ex. 2713.90.00
(ii)
Vacuum Residue
Ex. 2713.90.00
(iii)
Decant Oil
Ex. 2713.90.00
exportation
(iv)
Recovered Oil
Ex. 2713.90.00
5 Natural Gas and Compressed Natural Gas (CNG)
2711.21.10.00
B GAS
2711.21.90.00
6 Liquefied Natural Gas (LNG)
2711.11.00.00
7 Liquefied Petroleum Gas (LPG)

a.
Propane
2711.12.00.00
b.
Butane
2711.13.00.00
c.
Propane and Butane Mix
Ex.
2711.13.00.00
8 Processed Products
a.
Dimethyl Ether (DME)
b.
Downstream Condensate
Ex.
2909.19.00.00
2709.00.20.00
For
exportation
only
C OTHER FUEL
9 Biodiesel/FAME (Fatty Acid Methyl Esther)
3826.00.10.00
3826.00.90.10
1 Ethanol
2207.10.00.00
2207.20.11.00
2207.20.19.00
2207.20.90.00

Signed
RACHMAT GOBEL
Daily Acting Head of Legal Bureau,
ANNEX II
REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
NUMBER 03/M-DAG/PER/1/2015
ON
OIL, GAS AND OTHER FUEL EXPORTATION AND IMPORTATION PROVISIONS
REPORT ON REALIZATION OF OIL, GAS AND OTHER FUEL EXPORTATION/IMPORTATION
PERIOD UNTIL
Name of Company
Address
Phone/Fax Number
RE/RI No.
EA/IA No.
No.
:
:
:
:
:
date
Date
Description of
Goods
Tariff/HS Item
Assigned
Quantity
Total
Exportation/Importation
Port of
Loading
Port of
Destination
Remarks
________, date _______

SIGNATURE/CORPORATE SEAL
(NAME OF CORPORATE LEADER)

Signed
RACHMAT GOBEL
Daily Acting Head of Legal Bureau,

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MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA

REGULATION OF THE MINISTER OF TRADE OF THE REPUBLIC OF

control the necessities of life of many

fuels, it is necessary to stipulate a

exportation and importation;

1. Law No. 7 of 1994 on Ratification of

1994, Supplement to the State Gazette

Gazette of the Republic of Indonesia

Against Monopoly Practices and Unfair

Republic of Indonesia No. 33 of 1999,

Indonesia No. 136 of 2001, Supplement

Indonesia No. 166 of 2008, Supplement

Gazette of the Republic of Indonesia

Indonesia No. 5059);

Gazette of the Republic of Indonesia

Republic of Indonesia No. 123 of 2004,

amended several times, recently by the

Indonesia No. 128 of 2009, Supplement

Republic of Indonesia No. 124 of 2004,

No. 30 of 2009 (State Gazette of the

Presidential Regulation No. 47 of

2009 on Formation and Organization of

Regulation No. 13 of 2014;

Republic of Indonesia Number 24 of 2010

First Echelons of the State Ministries

Presidential Regulation No. 9 of

2013 on Administration and Supervision

Presidential Decree No. 121/P of

Appointment of 2014 - 2019 Work Cabinet

Energy and Mineral Resources No. 32 of

Trade Regulation of Biofuel as Other

Organization and Working Procedures of

Regulation of the Minister of Trade No.

Energy and Mineral Resources No. 9 of

Procedures of the Special Task Force

General Provisions of Verification or

expressions used herein shall have the meanings ascribed to

deposits derived from activities unrelated to Oil and

conducts a permanent and continuous line of business

State of the Republic of Indonesia that engages in

hereinafter referred to as the Direct User, shall mean

or non legal entity that performs the Oil, Gas and/or

abbreviated as the OGRE, shall mean any company that

performs the Other Fuel exportation.

abbreviated as the OGRI, shall mean any company that

performs the Other Fuel importation.

Recommendation shall mean a certificate issued by

constitutes a requirement as a matter of consideration

abbreviated as the OGEA, shall mean the Oil and Gas

abbreviated as the OFEA, shall mean the Other Fuel

abbreviated as the OGIA, shall mean the Oil and Gas

abbreviated as the OFIA, shall mean the Other Fuel

Minister shall mean the minister administering

governmental affairs in the field of trade.

Minister of Energy and Mineral Resources shall

mean the minister administering governmental affairs

Director General shall mean the Director General

of Foreign Trade at the Ministry of Trade.

Director General of Oil and Gas shall mean the

Director General of Oil and Gas of at the Ministry of

Energy Conservation shall mean the Director General of

constitutes an integral part hereof.

Oil, Gas, and Other Fuel as referred to in Annex 2