DECREE OF THE MINISTER OF FINANCE
No.210/KMK.03/2002

ON
THE AMENDMENT TO DECREE OF THE MINISTER OF FINANCE NO.5/KMK.01/1993 ON THE APPOINTMENT OF BANKS AS PERCEPTION BANKS IN THE FRAMEWORK OF MANAGEMENT OF REMITTED STATE REVENUES

THE MINISTER OF FINANCE,

Considering :

In view of :

DECIDES:

To stipulate :

THE DECREE OF THE MINISTER OF FINANCE ON THE AMENDMENT TO DECREE OF THE MINISTER OF FINANCE NO. 5/KMK.01/1993 CONCERNING THE APPOINTMENT OF BANKS AS PERCEPTION BANKS IN THE FRAMEWORK OF MANAGEMENT OF REMITTED STATE REVENUES

Article 1

Several provisions in Decree of the Minister of Finance No.5/KMK.01/1993 on the Appointment of Banks as Perception Banks in the Framework of Management of Remitted State Revenues are amended as follows:

1. A new provision is supplemented to Article 2 to become paragraph (3) so that the article entirely reads as follows:

"Article 2

(1) Banks that can be appointed as perception banks/foreign exchange perception banks shall fulfill the following requirements:

(2) The appointment of banks as perception banks/foreign exchange perception banks shall be stipulated by the Minister of Finance and shall apply to both head offices and all branch offices of the relevant banks.

(3) In order to allow banks to receive remittance of tax revenues, perception banks/foreign exchange perception banks shall fulfill the following additional requirements:

2. A new article is supplemented between Article 8 and Article 9 to become Article 8A, which reads as follows:

"Article 8

Perception banks/foreign exchange banks not yet fulfilling the requirement as meant in Article 2 paragraph (3) shall continue to be allowed to receive tax revenues up to December 31,2002:"

3. A new article is supplemented between Article 9 and Article 10 to become Article 9A, which reads as follows:

"Article 9A

(1) Perception banks/foreign exchange perception banks fulfilling the requirement as meant in Article 2 paragraph (3) shall maintain their information systems to ensure the smooth on-line connection with the Directorate General of Budgetary Affairs and the Directorate General of Taxation.

(2) Perception banks/foreign exchange perception banks receiving remittance of state revenues but failing to fulfill the obligation as meant in paragraph (1) after December 31, 2002 shall have their rights to receive remittance of tax revenues by the Director General of Budgetary Affairs on the basis of written consideration of the Director General of Taxation.

(3) In the case of perception banks/foreign exchange perception banks not entitled to receive remittance of tax revenues still receiving remittance of tax revenues after December 31, 2002 shall be subjected to a sanction in the form of a fine of 100% (one hundred percents) of the amount of remitted tax revenues which should not be received and they are obliged to give up the remittance in accordance with the provisions in force.

(4) The fine as meant in paragraph (3) shall be collected on the basis of a decision of the Director General of Budgetary Affairs."

4. The provision in Article 10 paragraph (2) is abolished so as to entirely read as follows:

"Article 10

(1) With the enforcement of this decree, the Decree of the Minister of Finance No.338/KMK.01/1985 which is improved by Decree of the Minister of Finance No.323/KMK.01/1989 and Decree of the Minister of Finance No.346/KMK.01/1985 which is improved by Decree of the Minister of Finance No.324/KMK.01/1989 shall be declared null and void.

(2) Abolished."

Article 2

This decree shall come into force as from the date of stipulation.

For public cognizance, this decree shall be published by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On May 6, 2002

THE MINISTER OF FINANCE
sgd
BOEDIONO