DECREE OF THE MINISTER OF FINANCE
NO. 456/KMK.04/2002

ON
THE EXTENSION OF THE IMPORT PERIOD OF MACHINES, GOODS AND MATERIALS SECURING FACILITIES ON THE BASIS OF DECREE OF THE MINISTER OF FINANCE NO.135/KMK.01/2000 ON RELIEF OF IMPORT DUTY ON THE IMPORT OF MACHINES, GOODS AND MATERIALS IN THE FRAMEWORK OF THE BUILDING/EXPANSION OF INDUSTRY/SERVICE INDUSTRY

THE MINISTER OF FINANCE,

Considering :

• a. that in the current economic condition, the import of goods and materials for industry needs a quite adequate period;
• b. that in relation to the said condition, the import period of goods and materials for industry in the framework of the building and expansion regulated in Decree of the Minister of Finance No.135/KMK.01/2000 on relief of import duty on the import of machines, goods and materials for the purpose of the building/expansion of industry/service industry needs to be extended;
• c. that based on the considerations as meant in letters a and b, it is necessary to stipulate a decree of the Minister of Finance on the extension of the import period of machines, goods and materials securing facilities on the basis of Decree of the Minister of Finance No.135/KMK.01/2000 on relief of import duty on the import of machines, goods and materials in the framework of the building/expansion of industry/service industry;

In view of :

• 1. Law No.1/1967 on foreign investments (Statute Book of 1967 No.1, Supplement to Statute Book No.2818) as already amended by Law No.11/1970 (Statute Book of 1970 No.46, Supplement to Statute Book No.2943);
• 2. Law No.6/1968 on domestic investments (Statute Book of 1968 No.33, Supplement to Statute Book No.2853) as already amended by Law No.12/1970 (Statute Book of 1970 No.47, Supplement to Statute Book No.2944);
• 3. Law No.5/1984 on industrial affairs (Statute Book of 1995 No.75, Supplement to Statute Book No.3612);
• 4. Law No.10/1995 on customs affairs (Statute Book of 1995 No.75, Supplement to Statute Book No.3612);
• 5. Government Regulation No.17/1986 on the authority to regulate, foster and develop industries (Statute Book of 1986 No.23, Supplement to Statute Book No.3330);
• 6. Presidential Decree No.228/M/2001;
• 7. Decree of the Minister of Finance No.440/KMK.05/1996 on stipulation of systems of classifications of goods and tariffs of import duty on imported goods as already amended by Decree of the Minister of Finance No.569/ KMK.0 1/1999;
• 8. Decree of the Minister of Finance No.135/KMK.01/2000 on relief of import duty on the import of machines, goods and materials in the framework of the building/expansion of industry/service industry as already amended by Decree of the Minister of Finance No.28/KMK.01/2001;

DECIDES:

To stipulate :

THE DECREE OF THE MINISTER OF FINANCE ON THE EXTENSION OF THE IMPORT PERIOD OF MACHINES, GOODS AND MATERIALS SECURING FACILITIES ON THE BASIS OF DECREE OF THE MINISTER OF FINANCE NO. 135/KMK.01/2000 ON RELIEF OF IMPORT DUTY ON THE IMPORT OF MACHINES, GOODS AND MATERIALS IN THE FRAMEWORK O THE BUILDING/EXPANSION OF INDUSTRY/SERVICE INDUSTRY.

Article 1

Companies already securing facilities of relief of import duty on the import of machines on the basis of Decree of the Minister of Finance No.135/KMK.01/2000 and not yet realized their import wholly, shall be granted the extension of the import period in accordance with the period of completion of projects as contained in investment approval of the relevant companies.

Article 2

Companies already securing facilities of relief of import duty on the import of machines on the basis of Decree of the Minister of Finance No.135/KMK.01/2000 and not yet realized their import wholly in a period of 2 (two) years shall have their import period extended for one year, starting from the date of stipulation of this decree, with the provision that the extension of the import period does not add the quantity/volume of goods and materials securing the facilities in accordance with the decree on the granting of the facilities.

Article 3

(1) Facilities of extension of the period shall not apply to:

• a. the import of goods and materials executed from May 1, 2002 to the date of enforcement of this decree, after the period of import on the basis of decree on the granting of facilities elapses;
• b. the import of sugar.

(2) In the case of the import as meant in paragraph (1) letter a being done by paying import duty, no restitution can be requested for the paid import duty.

(3) The quantity of the imported goods and materials as meant in paragraph (1) letter a can be excluded from the import quantity securing the facilities of extension of the import period as meant in paragraph (2).

Article 4

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

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

Stipulated in Jakarta
On October 30, 2002

THE MINISTER OF FINANCE
sgd
BOEDIONO