Non-Dangerous and Non-Toxic Waste

The Minister of Trade has issued Regulation No. 39/M-DAG/PER/9/2009 to set out the provisions that relate to the import of non-dangerous and non-toxic waste. The regulation recognizes that certain domestic industries rely heavily on the use of waste materials either as raw materials or as additional materials in the production process. Not all of this waste can be sourced locally from domestic producers.

However, if the government is to permit the import of waste, even if it is non-dangerous and non-toxic, the government is intent on ensuring that there are sufficient protections in place with respect to the control and restriction of these imports. The primary rationale for these controls and restrictions is to ensure the protection of the Indonesian environment.

Waste products can only be imported by those businesses that are, in essence, accredited to do so. An accredited importer of waste, when wanting to import waste, must first notify their intention to do so. This notification must include the type(s) of waste to be imported, the amount to be imported, and how it is to be imported.

To gain accreditation an interested business must submit a written application to the Director General of Foreign Trade at the Department of Trade. Generally, the application will include photocopies of all relevant business documentation (business licenses, tax payer numbers, and recommendations from relevant Directors General). Once a completed application is received, the Director General will issue a decision on the application within seven working days of receipt.

Once an accredited business imports waste, they are required to report on the imported waste. The standard forms can be found in the attachments to the regulation. Forms can also be submitted at the dedicated site of http://inatrade.depdag.go.id.

The regulation repeals and replaces Minister of Trade Regulation No. 58/M-DAG/PER/12/2009 as amended by Regulation No. 26/M-DAG/PER/6/2009.