DECREE OF MINISTER OF FINANCE
NO. 594/KMK.05/1997
ON
PERIODIC PAYMENT FOR IMPORT DUTY AND TAXES IN THE FRAMEWORK OF IMPORT
MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,
Considering :
That with the enforcement of Law Number 10 of 1995 on Customs, it is considered necessary to regulate the payment for import duty and taxes in the framework of import periodically in the form of a Decree of the Minister of Finance.
In view of :
- 1. The Indonesian Treasury Law (Indische Comptabiliteitswet) (Statute Book of 1925 No.443), as amended and supplemented the latest by Law No.9/1968 (Statute Book of the Republic of Indonesia of 1968 No.53);
- 2. Law No.10/1995 on Customs (Statute Book of the Republic of Indonesia of 1995 No.75, Supplement to Statute Book No.3612);
- 3. Decree of the Minister of Finance of the Republic of Indonesia No.232/KMK.05/1996 dated April 1, 1996 on Procedure of Payment and Remittance of Import Duty, Excise, Administrative Penalty, Interest and Taxes in the framework of import;
- 4. Decree of the Minister of Finance No.585/KMK.05/1996 dated September 23, 1996 on the Use of Bank Guaranty to Guarantee Payment for Levy of Import Duty, Excise, Administrative Fine, and Taxes in the Framework of Import;
- 5. Decree of the Minister of Finance of the Republic of Indonesia No.461/KMK.05/1997 on the Use of Custom Bond As a Guaranty to Guarantee Payment for Levies of Import Duty, Excise, Administrative Fines, and Tax in the Form of Import.
DECIDES:
To stipulate :
THE DECREE OF THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA ON PERIODIC PAYMENT FOR IMPORT DUTY AND TAXES IN THE FRAMEWORK OF IMPORT.
Article 1
Periodic Payment is a payment facility given by the Head of Customs Office where the customs obligation to Eligible Certain Exporter Company is performed to postpone payment of import duty and taxes in the framework of import on goods that are imported within a certain period.
Article 2
(1) To be eligible for the Periodic Payment facility as meant in article 1, the Certain Exporter Company must fulfill the following requirements:
- a. having good standing;
- b. its import activities are routine and high in frequency;
- c. obeying customs and taxation obligations properly and timely;
- d. submitting bank guaranty or customs bond.
(2) If the Certain Exporter Company has been proven making periodic payments properly and timely for 6 (six) months, the obligation to submit bank guaranty or customs bond as meant in paragraph (1) letter d can be replaced with guaranty in another form.
Article 3
Payment for import duty and taxes in the framework of import that obtain Periodic Payment facility shall be made periodically the later at the end of every month for the import that is conducted, provided that:
- a. in case the end of relevant month falls on Sunday or official holiday, the payment shall be made on the preceding working day;
- b. in case the end of relevant month falls on the end of budget year of the government, the payment shall be made on the last working day of third week.
Article 4
(1) Payment for import duty and taxes in the framework of import can be made through a Perception Foreign Exchange Bank or Customs Office where the customs obligation is performed.
(2) In case the payment for import duty and taxes in the framework of import is made through a Perception Bank, the Certain Exporter Company shall carry out the following activities:
- a. completing the SSBC in 4 (four) folds and the SSP in 5 (five) folds completely and correctly;
- b. delivering a copy of PIB that obtains Periodic Payment facility, SSBC, SSP and moneys to pay the import duty and taxes in the framework of import in an amount equal to the nominal amount specified in the relevant SSBC and SSP;
- c. receiving back from an officer of the Perception Foreign Exchange Bank a copy of PIB, SSBC sheet-1 and sheet-3 and SSP sheet-1, sheet-3 and sheet-5;
- d. delivering SSBC sheet-1 and SSP sheet-5 to the Customs Office as a proof that the charges have been paid fully.
(3) In case the payment for import duty and taxes in the framework of import is made through the Customs Office, the Certain Exporter Company shall carry out the following activities:
- a. delivering copy of PIB that obtains Periodic Payment facility and moneys to pay the import duty and taxes in the framework of import in an amount equal to the nominal amount specified in the relevant PIB;
- b. receiving back from an officer of Customs Office a copy of PIB, and receiving the Receipt of Payment of Customs and Excise (BPBC) sheet-2 and KP.PPh.2.3/BP-96 sheet-1.
Article 5
In the event within the determined period as meant in article 3, the Certain Exporter Company fails to pay its obligations fully, the bank guaranty/customs bond shall be cashed or in case the guaranty is the form of another guaranty, collection shall be conducted in accordance with provisions in the Decree of the Minister of Finance Number 234/KMK.05/1996 dated 1 April 1996.
Article 6
Technical provisions required for the implementation of this decree shall be stipulated further by the Director General of Customs and Excise.
Article 7
This Decree comes into force as for the date of stipulation.
For public cognizance, this Decree shall be announced by placing it in the State Gazette Indonesia.
Stipulated in Jakarta
On November 18, 1997
THE MINISTER OF FINANCE,
sgd.
MAR'IE MUHAMMAD