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DECREE OF THE HEAD OF HALAL PRODUCT ASSURANCE
ORGANIZING BODY
NUMBER 90 OF 2023
ON
THE IMPLEMENTATION PROCEDURE
OF FOREIGN HALAL CERTIFICATE REGISTRATION SERVICE
BY THE BLESSING OF THE ALMIGHTY GOD
HEAD OF HALAL PRODUCT ASSURANCE ORGANIZING BODY,
Considering : a. that foreign halal products whose halal certificates areissued by a foreign halal certification body that have cooperated in mutual recognition of certificates, must be registered with BPJPH prior to circulation in Indonesia; b. that based on the consideration as intended in letter a, it is necessary to stipulate of Decree of the Head of Halal Product Assurance Organizing Body on Procedure of Foreign Certificate Registration Service;
Observing : 1. Law Number 33 of 2014 on Halal Product Assurance (State
Gazette of the Republic of Indonesia of 2014 Number 295, Supplement to the State Gazette of the Republic of Indonesia Number 5604);2. Law Number 6 of 2023 on the Stipulation of Government
Regulation In Lieu of Law Number 2 of 2022 on Job Creation into Law (State Gazette of the Republic of Indonesia of 2023 Number 41, Supplement to the State Gazette of the Republic of Indonesia Number 6858);3. Government Regulation Number 39 of 2021 on the
Implementation of Halal Product Assurance (State Gazette of the Republic of Indonesia Number 2021 of 49, Supplement to the State Gazette of the Republic of Indonesia Number 6651);4. Presidential Regulation Number 12 of 2023 on the Ministry of Religious Affairs (State Gazette of the Republic of Indonesia of 2023 Number 11);5. Ministerial Regulation of Religious Affairs Number 2 of
2022 on International Cooperation for Halal Product Assurance (State Gazette of the Republic of Indonesia of 2022 Number 6);6. Ministerial Regulation of Religious Affairs Number 72 of
2022 on the Organization and Working Procedure of the Ministry of Religious Affairs of the Republic of Indonesia (State Gazette of the Republic of Indonesia of 2022 Number 955);
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HAS DECIDED:
To stipulate : DECREE OF THE HEAD OF HALAL PRODUCT ASSURANCE
ORGANIZING BODY ON THE IMPLEMENTATIONPROCEDURE OF FOREIGN HALAL CERTIFICATE REGISTRATION SERVICE.
FIRST
: To specify guidance on the procedure of Foreign Halal Certificate registration service as stated in the Annex constituting an inseparable part of this Decision.
SECOND
: The Decree shall be valid on the date of enactment.
Stipulated in Jakartaon November 15, 2023
HEAD OF HALAL PRODUCT ASSURANCEORGANIZING BODY,
signed
MUHAMMAD AQIL IRHAM
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ANNEX
DECREE OF THE HEAD OF HALAL PRODUCT ASSURANCE ORGANIZING BODY
NUMBER 90 OF 2023
ON
THE IMPLEMENTATION PROCEDURE OF FOREIGN HALAL CERTIFICATE REGISTRATION SERVICE
THE IMPLEMENTATION PROCEDURE
OF FOREIGN HALAL CERTIFICATE REGISTRATION SERVICE
CHAPTER I
INTRODUCTION
A. Background
In accordance with Law Number 22 of 2014 on Halal Product Assurance, foreign halal products imported to Indonesia are subject to the terms as regulated in the regulation on domestic products, but the aforementioned products shall not be required to apply for halal certification provided that the halal certificates are issued by foreign halal certification body who cooperate in the form of halal certificate mutual recognition with the Halal Product Assurance Organizing Body (BPJPH). Accordingly, the halal certificate shall be registered by BPJPH prior to circulation in Indonesia.
In order to accommodate the regulation mentioned above, it is required to arrange a procedure for a foreign halal certification registration service in consideration that the same would serve as a determinant of the Government’s policy direction, or, in this particular instance, the policy direction from Halal Product Assurance Organizing Body arranged specifically for Business Actors from abroad/importers.
B. Purposes and Objectives
1. The drafting of the foreign certificate registration service procedure is aimed for: a. enhancing the quality of foreign halal certificate registration service; and b. providing guidance to the implementers of the service which is customer satisfaction-oriented, equipped with accessible and fast service.
2. The objective that will hopefully be achieved from the implementation of the foreign halal certificate registration service is to manifest a service(which is conducted by BPJPH) that complies with the procedure, method, adherence to the regulation, and management of the said service so that provision of the best kind of service for the public will be possible.
C. Limitations of Definitions/General Provisions
For the purpose of this Decree, the following terms mean:
1. Halal Product Assurance, hereinafter abbreviated as HPA, means a legal certainty of the halal status of a product proven by a halal certificate.
2. Halal Product means a Product declared halal according to Islamic law.
3. Foreign Halal Certification Body, hereinafter abbreviated as FHCB, meansan agency domiciling in a foreign country and possessing the authority to inspect, examine, and issue halal certificates of locally circulated products.
4. A Foreign Halal Certificate means a halal certificate issued by an FHCB.
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5. The cooperation on halal certificate mutual recognition, or Mutual Recognition Agreement, hereinafter abbreviated as MRA, means a cooperative agreement on halal certificate mutual recognition executed between BPJPH and FHCB.
6. An importer means an individual, an institution, or a business entity, both in the form of a legal and non-legal entity, who performs imports.
7. The official representative means an Indonesian citizen or a foreign citizen designated by a foreign trading company or a group of foreign trading companies located abroad as a representative in Indonesia.
8. Halal Product Assurance Organizing Body, hereinafter abbreviated as BPJPH, is an agency established by the Indonesian government to implement HPA.
9. The Head of the Body is the Head of BPJPH.
CHAPTER II
SERVICE APPLICATION PROCEDURE
A. Requirements
1. Applicants shall submit any new application or renewal of application for Foreign Halal Certificates through importers and/or official representatives in Indonesia to BPJPH in writing by an integrated electronic system or an application namely Sistem Informasi Halal(SIHALAL).
2. The following required documents shall be attached during the application:a. Application letter for foreign halal certificate registration;b. Letter of appointment in the form of an agreement letter from the company of the home country stating a clause on the granting of rights and/or authorities to the applicant as a company designated to apply for foreign halal certificate registration;c. Business License Number (Nomor Izin Berusaha/NIB) from the importers and/or official representatives in Indonesia;d. Copy of Foreign Halal Certificate for the products that are going to enter Indonesian customs territory and have been validated by Indonesian representative in the foreign country in the form of legalized document signed by the authorized officials;e. Cooperative document of halal certificate mutual recognition between foreign halal certification body and BPJPH (MoU/MoC/MRA);f. List of items to be imported to Indonesia equipped with the number of harmonization system codes; andg. A statement letter declaring the rightfulness and validity of the submitted documents.
3. In the event that required documents are written in any language other than English, the application shall include the English-translated version of the document.
4. The applicant shall renew the registration of a foreign halal certificate by submitting a renewal proposal and attaching required documents no later than 3 (three) months before the validity period of foreign halal certificate registration ends.
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B. Flow of the Service
1. The flow of service for foreign halal certificate registration comprises the following stages:a. Submission of foreign halal certificate registration application;b. Completeness and validity inspection of the documents;c. Payment of foreign halal certificate registration fee; andd. Issuance of foreign certificate registration number.
2. The flow of service for foreign halal certificate registration is presented in the flow chart attached herein.
C. Product of Service
1. The service of foreign halal certificate registration includes:a. New application; andb. Renewal Application.
2. Consultation Service
Consultation service shall be provided to the applicants/public through online features namely Livechat, call center, or email.
D. Handling of Complaints, Suggestions, and Feedback
Business actors may deliver complaints regarding dissatisfaction with the service, suggestions, and feedback addressed to the service implementers. Any complaint, suggestion, or feedback may be delivered via electronic mail sent to layanan@kemenag.go.id e-mail address.
CHAPTER III
ISSUANCE AND REVOCATION OF
FOREIGN HALAL CERTIFICATE REGISTRATION NUMBER
A. General Provisions of Foreign Halal Certificate Registration Number
1. Foreign Halal Certificate registration numbers are issued through SIHALAL application, attached with the electronic signature of the Head of BPJPH.
2. Foreign Halal Certificate registration numbers are issued after fulfilling all the application requirements of Foreign Halal Certificate registration.
3. The format of the Foreign Halal Certificate registration number contains, at the very least, the following descriptions:a. Foreign Halal Certificate registration number issuing body; b. Data of the applicant; c. Name of the FHCB;d. Country of the FHCB;e. Foreign Halal Certificate number;f. Name of the registered Products; g. Foreign Halal Certificate registration number; h. Place and date of issuance;i. Validity period of the registration number;j. Signature of the Head of BPJPH; dan k. Unique identification number.
4. The Foreign Halal Certificate registration number validity period shall comply with the validity period of the halal certificate issued by Foreign Halal Certification Bodies.
5. In the event of the end of the cooperation on the halal certificate mutual recognition, the registration number of the Foreign Halal Certificate shall be deactivated until the renewal of the halal certificate mutual recognition cooperation.
B. Obligations of the Owner of Foreign Halal Certificate Registration Number
1. After the issuance of the Foreign Halal Certificate registration number by BPJPH, importers/ official representatives in Indonesia shall:a. provide valid, understandable, and truthful information; b. report changes in the Foreign Halal Certificate data having been givenregistration number to BPJPH, if any;c. state the Foreign Halal Certificate registration number adjacent to the halal label on the product packaging, on the particular parts of the products, and/or the specific parts of the products in obedience to the terms of halal label inclusion specified by BPJPH; d. renew Foreign Halal Certificate registration number in the event of an end of the validity period; ande. renew the harmonization system code number (HSCN) in the event of a discrepancy between the proposed HSCN and the HSCN included in correction notes from the Directorate General of Customs and Excise.
2. In the event that corrections of harmonization system code numbers are excluded from the mandatory halal-certified products, Foreign Halal Certificate registrations shall not be required.
C. Revocation of Foreign Halal Certificate Registration Number
BPJPH shall execute the revocation of the Foreign Halal Certificate registration number, if:
1. the validity period of foreign halal certificate mutual recognition cooperation has come to an end and is not renewed;2. the validity period of the Foreign Halal Certificate has come to an end;3. document non-conformities and/or invalid information found between the submitted data and the monitoring result of the circulating products;
4. changes in the data of the Foreign Halal Certificates having been assigned registration numbers are not reported after a data change;5. the Foreign Halal Certificate registration numbers are not written on the product packaging, on the particular parts of the products, and/or on the specific parts of the products;
6. the Foreign Halal Certificate registration numbers are not renewed after the end of the validity period;7. importer’s rights and authority revocation documents are found and/or the cooperation as an importer of the products with Foreign Halal Certificate registration numbers has come to an end; and
8. violations are found toward the organization of the Foreign Halal Certificate.
