DECREE OF THE MINISTER OF FINANCE
NO. 292/KMK.01/1998

CONCERNING
AMENDMENT TO DECREE OF THE MINISTER OF FINANCE NO. 291/KMK.05/1997 ON BONDED ZONES AS ALREADY IMPROVED BY DECREE OF THE MINISTER OF FINANCE NO. 547/KMK.01/1997 MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA

THE MINISTER OF FINANCE,

Considering :

that to better improve the investment climate, boost exports and bolster the growth of domestic Industry, it is deemed necessary to amend Decree of the Minister of Finance No. 291/KMK.05/1997 as already amended by Decree of the Minister of Finance No. 547/KMK.01/1997.

In view of :

• 1. Law No. 10/1995 on customs affairs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612);
• 2. Government Regulation No. 33/1996 on bonded stockpiling yard (Statute Book No. 50/1996, Supplement to Statute Book No. 3638) as already amended by Government Regulation No. 43/1997 (Statute Book No. 90/1997, Supplement to Statute Book No. 3717);
• 3. Decree of the Minister of Finance No. 291/KMK.05/1997 on bonded zones as already improved by Decree of the Minister of Finance No. 547/KMK.05/1997.

DECIDES

To stipulate :

THE DECREE OF THE MINISTER OF FINANCE CONCERNING THE AMENDMENT TO DECREE OF THE MINISTER OF FINANCE NO. 291/KMK.05/1997 ON BONDED ZONES AS ALREADY AMENDED BY DECREE OF THE MINISTER OF FINANCE NO. 547/KMK.01/1997.

Article 1

1. To amend Decree of the Minister of Finance No. 291/KMK.05/1997 as follows:

• a. To amend Article 2 so that it shall read as follows:
• "(1) The stipulation of an area or a place as a bonded zone (KB) and the granting of an approval as an operator of a bonded zone (PKB) or a PKB concurrently a company in a bonded zone (PDKB) shall be undertaken in a ministerial decree.
• (2) The model of the decree on the granting of an approval as meant in sub-article (1) shall be as in the specimen given in Attachment I to this decree."
• b. To supplement Article 2A, which shall read as follows:
• "Article 2A
• (1) Business activities of warehousing and stockpiling of goods may be conducted in a KB;
• (2) The procedure for the establishment and the management of the entry and release of goods to and from a warehouse or stockpiling in a KB as meant in sub-article (1) shall be established pursuant to Decree of the Minister No. 399/KMK.01/1996 on bonded warehouses;
• (3) The book-keeping, records and documents of a bonded zone connected with the entry and release of goods to and from a bonded zone must be separated from the book-keeping, records and documents connected with the entry and release of goods to and from warehouses to a bonded zone."
• c. To amend Article 4 sub-article (1) so that it shall read:
• "Article 4
• (1) An application for a PKB approval as meant in Article 2, shall be filed by the company to the minister through the director general after the building has been physically set up, using the letter of application as in the specimen given in Attachment IA to this decree, with the following to be attached:
• a. a Xerox copy each of a letter of business approval, an analysis of environmental impacts and other approvals needed from relevant technical government agencies;
• b. a Xerox copy of an act on the establishment of a limited liability company (PT), a cooperative or a foundation already validated by an authorized official;
• c. a Xerox copy of the evidence of ownership of or control over a building, place or area with clear boundaries (separating fences);
• d. a Xerox copy each of the taxpayer's code number (NPWP), stipulation as a taxable company (PKP) and the annual income tax return of a corporate taxpayer of the last year for a company for which (he presentation of a tax return is compulsory;
• e. a map of the location/place to be made a bonded zone, already approved by the local regional administration;
• f. an official report on an inspection of a bonded zone location drawn up by the Director General or an appointed official;
• g. the opinion from the Director General to the effect that a PKB approval can be granted."
• d. To amend Article 13 sub-article (3) so that it shall read as follows:
• "(3). Machinery and/or equipment under repair as meant in sub-article (2) must be taken into a bonded zone again at the latest 12 (twelve) months as from the month of release of the machinery and/or equipment from the bonded zone."
• e. To amend Article 20 sub-article (6) so that it shall read as follows:
• "(6) The revocation of an approval as meant in sub-article (5) shall be stipulated by the Minister."
• f. To amend Article 21 sub-article (1) point e so that it shall read as follows:
• "e. a PKB approval shall be revoked."

2. To amend Attachment I to Decree of the Minister of Finance No. 291/KMK.05/1997 so that it shall be as the specimen given in Attachment 1A to this decree.

Article 2

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 May 20, 1998
THE MINISTER OF FINANCE,
sgd.
FUAD BAWAZIER