Date of issue: 25 September 2024

Date of effect: Immediate

Reference Number: MAA2024-13

Related MAAs: MAA2024-08, MAA 2024-10

Attention:

• Industries—Industry bodies – Seafood Export Consultative Committee, Seafood Trade Advisory Group, Seafood Industry Australia
• Export establishments
• Exporters, AEPI and EXDOC users
• Department of Agriculture, Fisheries and Forestry —central and regional offices

Purpose

This Market Access Advice provides an update on the implementation of Indonesia's Law 33/2014 regarding Halal Product Assurance (the Halal Law) specifically on Indonesia's online registration portal, labelling requirements and the legalisation of foreign halal certificates. 

Indonesia's Law 33/2014 regarding Halal Product Assurance (the Halal Law) entered into force on 17 October 2019 with a 5–15-year phased implementation period. Food and beverage sectors are impacted by the first phase, with enforcement scheduled for 17 October 2024. The Halal Law imposes new halal certification requirements for all goods exported to Indonesia and impacts services associated with exports i.e. transport and labelling.

The Australian Government is working closely with Indonesia to understand the impacts of the Halal Law and seek further information regarding its implementation. The department will continue to update industry on new requirements as more information becomes available. More information on Indonesia's halal requirements can also be found on the Australian Government Department of Foreign Affairs and Trade (DFAT) website: https://www.dfat.gov.au/geo/indonesia/complying-indonesian-halal-requirements

Summary of key points

1. Requirements of Indonesia's online registration portal (SiHalal)

The department understands that to obtain an Indonesian halal product label and associated registration number, exporters are required to ensure their foreign halal certificate has been registered on Indonesia's Halal Product Assurance Organizing Body's (BPJPH) online portal (SiHalal - https://ptsp.halal.go.id/). This registration is completed by Indonesian importers or an official representative in Indonesia, not exporters. The department understands that foreign halal certificates are registered in Indonesia's SiHalal portal initially as a once off process but are required to be re-registered no later than three months before the validity period of the foreign halal certificate ends. These certificates differ from the official halal certificate that accompanies every consignment, which are not required to be registered with BPJPH at this stage.

The department understands that BPJPH will issue one registration number per foreign halal certificate registered by an importer. This registration number is unique to each importer not the individual halal certificate or products registered. The Australian Government continues to raise concerns with Indonesia on administrative and logistical issues this may cause for exporters and is working closely to understand the requirements and mitigate impacts on trade.

As of September 2024, the fee for registering foreign halal certificates on the SiHalal portal is IDR 800,000 (approximately AUD 80) per certificate. 

2. Legalisation of Halal certificates issued by a foreign Halal Certifying Body (HCB)

The department understands that product registration in BPJPH's SiHalal portal by importers/official representatives requires them to upload a 'legalised' copy of the foreign halal certificate. Australian exporters may be contacted by their respective Indonesian importer to supply this. 

DFAT can certify that an official Australian public document is genuine for use by a foreign government through an Apostille. DFAT is unable to directly issue an Apostille on halal certificates issued by Australian Halal Certifying Bodies. DFAT can however issue an Apostille on halal certificates that are first notarised by an Australian Notary Public. 

A summary of the process exporters may use to acquire a 'legalised' foreign halal certificate is below:

1. Halal certificate is issued by a BPJPH accredited foreign HCB
2. Halal certificate notarised by an Australian Notary Public
3. Australian Passport Office can issue an Apostille on the notarised certificate

Further information on Apostilles including how to arrange an appointment to get an Apostille issued is also available on DFAT's website: https://www.smartraveller.gov.au/consular-services/notarial-services/documents-in-australia. 

The Australian Government continues to seek clarification from Indonesia as to whether Australian halal certificates that have been 'legalised' in this way will be acceptable under the Halal Law, including alternative ways Australian businesses can practically comply with these requirements.

3. New Halal Labelling Requirements 

Labelling requirements under Indonesia's Halal Law are stipulated in BPJPH Decree 145/2022 and BPJPH Decree 88/2023, which amends earlier decrees. Specific requirements including size, colour and placement of approved halal labels are outlined in these decrees.

The department understands that Indonesian halal labels for foreign product must be readily visible and readable, as well as not easily erased, removed or tampered with. It is also understood that the importer will be able to download the halal logo material and labels through the SiHalal portal after registration of the foreign halal certificate relevant to the products. 

The department understands that labels must include:

• Indonesian halal certificate number (direct certification with BPJPH certification) or foreign halal certificate's registration number; and 
• Indonesian halal logo.

Under the Halal Law, it is not mandatory for exporters to include the logo of their foreign HCB on product labels.

The department understands that a transition period until 2 February 2026, for mandatory halal labelling will apply for certain products, which includes products already distributed in the market (with a large stock) which contain the halal logo of the Indonesian Ulema Council (MUI) on product packaging and products already in market by 17 October 2024. 

The department continues to seek further information from Indonesia regarding new labelling requirements for Australian exporters and will update industry as more information becomes available. This includes:

• guidance on transitional arrangements for products entering the Indonesian market after 17 October 2024 
• confirmation on acceptance of over-stickering labels by Indonesian importers in market before products are released for sale. 

4. Australian Government Authorised Halal Program (AGAHP)

Exporters wishing to export halal meat and meat products to Indonesia are required to comply with the requirements of the Australian Government Authorised Halal Program (AGAHP). These requirements do not change with the implementation of Indonesia's Halal Law on 17 October 2024. 

5. Food and beverage products requiring Halal Certification

The Indonesian Ministry of Religious Affairs Decree 816/2024 provides a full list of HS codes for food and beverage products that are subject to mandatory halal certification under Indonesia's Halal Law. Additional information on which products require certification can be found on DFAT's Website: https://www.dfat.gov.au/geo/indonesia/complying-indonesian-halal-requirements under the heading "Food and beverage products".

The Manual of Importing Country Requirements (Micor) will be updated to reflect this market access advice. The department encourages users of Micor to subscribe to the Micor update service for a commodity-specific email that lists changes that have been made in the preceding week. 

The department encourages all exporters to work with their importer to ensure that product meets the current importing country requirements. Please continue to refer any questions on implementation of the Halal Law to the department via exportstandards@aff.gov.au. 

Further information

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Disclaimer

The information provided in this advice is current at the time of writing and is intended for use as guidance only and should not be taken as definitive or exhaustive. The Commonwealth endeavours to keep information current and accurate, however, it may be subject to change without notice. Exporters are encouraged to verify these details with their importers prior to undertaking production/exports. The Commonwealth will not accept liability for any loss resulting from reliance on information contained in this notice.