DECREE OF THE MINISTER OF FINANCE
No.457/KMK.05/1997

CONCERNING
THE USE OF BOND IN CASH TO GUARANTEE THE PAYMENT OF IMPORT DUTIES, EXCISE, ADMINISTRATIVE FINES AND TAXES IN THE FRAMEWORK OF IMPORT

THE MINISTER OF FINANCE,

Considering :

that with the enforcement of Law No.10/1995 on customs affairs it is necessary to regulate provisions on the bond in cash in a decree of the Minister of Finance.

In view of :

1. The East Indies Treasury Law (Statute Book of 1925 No.448), as already amended and supplemented the latest by Law No.9/1968 (Statute Book of 1968 No.53);
2. Law No.6/1983 on taxation general provisions and procedure (Statute Book of 1983 No.49), Supplement to Statute Book No.3262), as already amended by Law No.9/1994 (Statute Book of 1994 No.59, Supplement to Statute Book No.3566);
3. Law No.7/1983 on the income fax (Statute Book of 1983 No.50, Supplement to Statute Book No.3263), as already amended and supplemented the latest by Law No.10/1994 (Statute Book No.60/1994, Supplement to Statute Book No.3567),
4. Law No.8/1983 on the value added tax on goods and services and the sales tax on luxury goods (Statute Book No.51/1983, Supplement to Statute Book No.3264) as already amended by Law No.11/1994 (Statute Book of 1994 No.61, Supplement to Statute Book No.3568);
5. Law No.10/1995 on customs affairs (Statute Book of 1995 No.75, Supplement to Statute Book No.3612);
6. Law No.11/1995 on excise (Statute Book of 1995 No.76, Supplement to Statute Book No.3613).

DECIDES :

To Stipulate :

THE DECREE OF THE MINISTER OF FINANCE CONCERNING THE USE OF BOND IN CASH TO GUARANTEE THE PAYMENT OF IMPORT DUTIES, EXCISE, ADMINISTRATIVE FINES AND TAXES IN THE FRAMEWORK OF IMPORT

Article 1

The bond in cash shall be a bond presented to the Director General of Customs and Excise in the form of cash to guarantee the payment of import duties, excise, administrative fines and other import levies.

Article 2

The bond in cash may be used as a guarantee for the payment of:

a. state's levies for the import of goods related to the granting of facilities at a bonded stockpiling site;
b. state's levies for goods which are temporarily imported;
c. state's levies for the import of goods the permit to release is granted in advance with the postponement of import duties and other import levies;
d. state's levies which are underpaid as a result of the stipulation made by a customs and excise officer regarding a tariff and/or customs value to which an objection has been filed;
e. state's levies which are underpaid as a result of an objection to an administrative sanction stipulated by a customs and excise officer.

Article 3

The amount of the guarantee placed with a bond in cash shall be at least as follows:

a. for cases referred to in Article 2 letters a, b, c and d, the amount shall equal the amounts of outstanding import duties, excise and taxes in the framework of import;
b. for a case referred in Article 2 letter e the amount shall equal that of the administrative fine which should be paid.

Article 4

(1) The term of a bond in cash shall be as follows:

a. for cases referred to in Article 2 letters a, b and c, the term shall be the period of postponement plus 30 (thirty) days;
b. for cases referred to in Article 2 letters d and e the term shall be 90 (ninety) days.

The term of the bond in cash can be extended only after an approval has been given by the Director General of Customs and Excise or an appointed official.

Article 5

An evidence for the receipt of the bond shall be issued for the presentation of the bond in cash.

The model and content of the evidence for the receipt of the bond as meant in sub-article 1 shall be stipulated by the Director General of Customs and Excise.

Article 6

In the event that the party placing the bond fails to fulfil their obligation until the expiry date of the guarantee as meant in Article 4, the bond in cash shall be deposited to the state's coffers as state's receipts.

Article 7

Technical provisions required in the framework of enforcing this decree shall be regulated further by the Director General of Customs and Excise.

Article 8

This decree shall take effect as from the date of stipulation.

For public cognizance this decree shall be announced by publishing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On September 8, 1997

THE MINISTER OF FINANCE
sgd.
MAR'IE MUHAMMAD

DECREE OF THE MINISTER OF FINANCE No.457/KMK.05/1997

CONCERNING THE USE OF BOND IN CASH TO GUARANTEE THE PAYMENT OF IMPORT DUTIES, EXCISE, ADMINISTRATIVE FINES AND TAXES IN THE FRAMEWORK OF IMPORT