DECREE OF THE MINISTER OF FINANCE
No.461/KMK.05/1997
CONCERNING
THE USE OF CUSTOMS BOND AS A GUARANTEE FOR 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 deemed necessary to regulate provisions on the use of customs bonds as a guarantee for the payment of state levies on the import of goods in a decree of the Minister of Finance;
In view of :
- 1. Law No.6/1983 on the general provisions on and the procedure for taxation (Statute Book No.49/1983, Supplement to Statute Book No.3262), as already amended by Law No.9/1994 (Statute Book No.59/1994, Supplement to Statute Book No.3566);
- 2. Law No.7/1983 on the income tax (Statute Book No.50/1983, 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);
- 3. Law No.8/1983 on the value added tax of 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 No.61/1994, Supplement to statute Book No.3568);
- 4. Law No.10/1995 on customs affairs (Statute Book No.75/1995, Supplement to Statute Book No.3612);
- 5. Law No.11 /1995 on excise (Statute Book No.76/1995, Supplement to Statute Book No.3613);
- 6. Decree of the Minister of Finance No.223/KMK.017/1993 on licensing of insurance businesses and reinsurance companies;
- 7. Decree of the Minister of Finance No.224/KMK.017/1993 on financial soundness of insurance companies and reinsurance companies;
- 8. Decree of the Minister of Finance No.225/KMK.017/1993 on the operation of the businesses of insurance companies and reinsurance companies;
- 9. Decree of the Minister of Finance No.226/KMK.017/1993 on licensing and operation of the business activities of companies in support of insurance businesses;
- 10. Decree of the Minister of Finance No.234/KMK.05/1996 on the procedure for the collection of outstanding import duties, excise, administrative fines, interests and taxes in the framework of import;
- 11. Decree of the Minister of Finance No.574/KMK.05/1996 on the management of temporary imports.
DECIDES :
To stipulate :
THE DECREE OF THE MINISTER OF FINANCE CONCERNING THE USE OF CUSTOMS BOND AS A GUARANTEE FOR THE PAYMENT OF IMPORT DUTIES, EXCISE, ADMINISTRATIVE FINES AND TAXES IN THE FRAMEWORK OF IMPORTS.
Article 1
Referred to in this decree as:
- 1. A customs bond shall be a trilateral guarantee agreement in which the first party (the surety) is committed to fu the obligations arising as a result of the relationship between the secondparty (the principal) and the third party (the obligee), in the event that the second party fails to fulfil their obligations.
- 2. A surety shall be a loss insurance company having a business licence in Indonesia to cover customs bonds.
- 3. The principal (the insured) shall be a company obtaining the facilities of postponement of/exemption from state's levies and committed to the obligations arising as a result of the said facilities.
- 4. The obligeee (the beneficiary of the guarantee) shall be the Minister of Finance, in this case the Director General of Customs and Excise, or the head of (or Bapeksta - Finance = Agency for Export Facilities Service and Financial Data Processing), or an official tie appoints.
Article 2
A customs bond can 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 or obtaining facilities from Bapeksta Keuangan;
- b. state's levies for goods which are temporarily imported;
- c. state's levies for the import of goods to which a licence for release is given in advance with import dudies arid other import levies being postponed;
- d. state's levies which are underpaid as a result of the stipulated of a customs and excise officer on the tariff and/or customs value to which an objection has been filed;
- e. administrative sanctions in the form of fines stipulated by a customs and excise officer and to which an objection has been filed.
Article 3
The amount of the guarantee placed with a customs bond shall be at least as follows:
- a. in cases referred to in Article 2 letter a, fetter b, letter c o letter d, it shall equal to the amount of the outstanding import duty, excise and taxes in the framework of import;
- b. in the case as referred to in Article 2 letter e, it shall equal to the amount of the administrative fine shall be paid.
Article 4
(1) A customs bond which can be accepted as a guarantee for the payment of state's levies shall be a customs bond issued by the following sureties:
- a. PT Asuransi AIU Indonesia;
- b. PT Asuransi Jasaraharja Putera;
- c. PT Asuransi Astra Buana;
- d. PT Asuransi Binagriya Upakara;
- e. Berdikari Insurance Company;
- f. PT Asuransi Bintang;
- g. PT Asuransi Jasa Indonesia;
- h. PT Asuransi Parolamas;
- i. PT Asuransi Ramayana;
- j. PT Tugu Pratama Indonesia;
- k. PT Asuransi Wahana Tata;
- l. PT Asuransi Central Asia;
- m. PT Auransi Artarindo;
- n. PT Asuransi Ekspor Indonesia (ASEI);
- o. PT Asuransi Sinar Mas Cipta;
- p. PT Asurans: Umum Bumiputeramuda 1967;
- q. PT Asuransi Kredit Indonesia 9ASKRINDO);
- r. PT Asuransi Inda Tamporok;
- s. PT Asuransi Tugu Kresna Pratama.
(2) The sureties as mean: in sub-article (1) may be changed/reviewed on the basis of a ceiling assessment, a solvability rate and technical management capability in the issuance of customs bonds.
(3) he Directorate General of Financial Institutions shall conduct surety assessment as meant in sub-article (2) and shall later, for and on behalf of the Minister of Finance, issue a decision on the said change.
(4) A customs bond/surety bond issued by a Surety, which, owing to the change as meant in sub--article (2), is no longer permitted to issue customs bonds, shall remain valid until its date of maturity and shall remain the responsibility of the surety concerned.
Article 5
(1) The periods in which a customs bond shall be valid shall be as follows:
- a. in cases as meant in Article 2 letter a, letter b or letter c, this period shall be the same as the period of post ponement plus 30 (thirty) days;
- b. in cases as meant in article 2 letter d and/or letter e, this period shall be 90 (ninety) days.
(2) The period of validity of a customs bond can be extended only after an approval has been obtained from:
- a. the Director General of Customs and Excise or an officer he appoints, in cases not related to the facilities from Bapeksta Keuangan;
- b. the head of Bapeksta Keuangan or an official he appoints in cases related to the facilities from Bapeksta Keuangan.
Article 6
(1) The surety as meant in Article 4 shall complete a customs bond form the model and composition of which shall be as given in thespecimen in Attachment I to this decree.
(2) A customs bond the model and composition of which does not agree with the smecimen as meant in sub-article (1) cannot be accepted as a guarantee.
Article 7
(1) In the event that the insured party has not fulfilled or does not fulfil their obligations until the maturity date of the custom bond, the custom bond shall be cashed.
(2) Customs bond cashing as meant in sub-article (1) shall be conducted by means of a letter of request for cashing from the Director General of Customs and Excise or an official he appoints, using the form as in the specimen in Attachment !I to this decree or from the head of Bapeksta Keuangan, using a decision on cashing as meant in Attachment II to Decree of the Minister of Finance No.488/KMK.01 /1996.
(3) A surety must book-transfer the amount as requested in the letter of request for cashing:
- a. to the receipt account of the Directorate General of Customs and Excise if the amount is intended for the Directorate General of Customs and Excise;
- b. the receipt account of the state's treasury in the case of the head of Bapeksta Keuangan; within a maximum period of 14 (fourteen) working days s from the date of maturity of a customs bond.
Article 8
In the event that a surety fails to fulfil the obligations pursuant to the provision as meant in Article 7 sub-article (3):
- a. the Directorate General of Customs and Excise/Bapeksta Keuangan shall be-authorized to reject a customs bond newly issued by the surety concerned until the obligations have been fulfilled:
- b. the Directorate General of Customs and Excise/Bapeksta Keuangan shall immediately convey:
- 1) a letter on the delegation of the claim of outstanding import duties, excise and administrative fines in the framework of import, using the form as in the specimen in Attachment ill to this decree to the head of the office for state's receivables settlement services (KP3N) in the area where the surety is domiciled for further processing pursuant to the prevailing laws.
- 2) aletter of notification about outstanding taxes in the framework of import , using the form as in the specimen in Attachment IV to this decree to the head of the tax service (KPP) in the area where the surety is domiciled for further processing pursuant to the prevailing laws.
Article 9
With the enforcement of this decree, Decree of the Minister of Finance No.108/KMK.01 /1995 dated March 13, 1995 and No.341 /KM.17/1995 dated October 27, 1995 shall be declared null and void.
Article 10
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