JOINT DECISION OF
THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE, MINISTRY OF FINANCE AND
THE DIRECTOR GENERAL OF FOREIGN TRADE, MINISTRY OF INDUSTRY AND TRADE
No. KEP-03/BC/2003
No. 01/DAGLU/KP/I/2003

ON
TECHNICAL GUIDANCE ON IMPLEMENTATION OF ADMINISTRATIVE DISCIPLINE OF IMPORTERS

THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE AND
THE DIRECTOR GENERAL OF FOREIGN TRADE,

Considering :

• a. that in order to implement provisions in Article 2 and 3 of the Joint Decree of the Minister of Finance and the Minister Industry and Trade Of the Republic of Indonesia No. 527/KMK.04/2002 and No. 819/MPP/Kep/12/2002 on Administrative Discipline of Importers, it is necessary to provide a technical guidance on implementation of administrative discipline of importers;
• b. that based on the considerations as meant in item a above, it is necessary to stipulate a Joint Decision of the Director General of Customs and Excise and the Director General of Foreign Trade concerning Technical Guidance on Administrative Discipline of Importers;

In view of :

Joint Decree of the Minister of Finance and the Minister Industry and Trade of the Republic of Indonesia No. 527/KMK.04/2002 and No. 819/MPP/Kep/12/2002 dated December 30, 2002 on Administrative Discipline of Importers;

DECIDES:

To stipulate:

JOINT DECREE OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE AND THE DIRECTOR GENERAL OF FOREIGN TRADE ON TECHNICAL GUIDANCE ON IMPLEMENTATION OF ADMINISTRATIVE DISCIPLINE OF IMPORTERS.

Article 1

Hereinafter referred to as:

• 1. Administrative Discipline of Importers shall be the activity of importer registration that is conducted by Directorate General of Customs and Excise of the Ministry of Finance and the activity of verification and evaluation that is conducted by Directorate General of Foreign Trade the Ministry of Industry and Trade Of the Republic of Indonesia;
• 2. Importer registration shall be the activity of registration and verification that is conducted by the Ditjen BC to the importer in the framework of fulfillment of requirements in the customs filed relating to import activities.
• 3. Importer shall be individual person or legal entity who conducts imports and has possessed Importer Identity Number (Angka Pengenal Importir /API) issued by the competent authority.
• 4. The Ditjen BC shall be the Directorate General of Customs and Excise, the Ministry of Finance R.I.
• 5. the Ditjen Daglu shall be the Directorate General of Foreign Trade, the Ministry of Industry and Trade R.I.
• 6. The Dirjen BC shall be the Director General of Customs and Excise, the Ministry of Finance R.I.
• 7. The Dirjen Daglu shall be the Director General of Foreign Trade, the Ministry of Industry and Trade R.I.
• 8. Regional Office Head shall be the Head of Regional Office of the Directorate General of Customs and Excise.
• 9. Head of Customs and Excise Service Office shall be the Head of Service Office of the Ditjen BC.

Article 2

(1) The administrative discipline of importers is implemented through Importer Registration.

(2) Importer Registration as meant in paragraph (1) is purposed to establish importer profile in the framework of risk management in order to know that the importer who will carry out import activity has complied with requirements in the customs field and other requirements based on provisions in the filed of import including:

• a. clearness and correctness of address in accordance with API and Taxpayer Identification Number (NPWP) possessed by the importer;
• b. clearness and correctness of identity of management and persons responsible in accordance with the API;
• c. clearness and correctness of line of business;
• d. certainty of importer managing the auditable accounts.

(3) Procedures of Importer Registration shall be as specified in the Attachment I to this Joint Decision.

Article 3

(1) In the frame work of Importer Registration as meant in Article 2, the importer is obliged to submit application to the Dirjen BC.

(2) Application for importer registration as meant in paragraph (1) shall be submitted by means of completing the Form as specified in Attachment II to this Joint Decision and delivered electronically through official site of the Ditjen BC at the address http://www.beacukai.go.id

Article 4

(1) To the importer who has fulfilled provisions of Importer Registration as meant in Article 3, a Registration Notification Letter will issued by using form as specified in Attachment III to this Joint Decision and entered into importer database of the Ditjen BC.

(2) Result of the importer registration as meant in paragraph (1) is informed to the Ditjen Daglu for entrance into the Ditjen Daglu database by using form as specified in Attachment IV to this Joint Decision.

Article 5

(1) To the importer who fails to meet the provisions of Importer Registration as meant in Article 3, a written notice will be given accompanied with the clear reasons by using form as specified in Attachment V to this Joint Decision.

(2) In the event of any breach of administrative discipline resulting from the Importer Registration as meant in paragraph (1) relating to authorities of the Dirjen Daglu, the same shall be informed to the Dirjen Daglu for verification and evaluation in accordance with its scope of authority by using form as specified in Attachment VI to this Joint Decision.

Article 6

(1) The Dirjen Daglu determines the results of verification and evaluation as meant in Article 5 paragraph (2), either provisional or final, within 1 (one) working day.

(2) Determination of verification and evaluation result by the Dirjen Daglu as meant in paragraph (1) is submitted to the Dirjen BC for follow up.

(3) In the vent the determination of verification and evaluation results is not conducted yet by the Dirjen Daglu within 1 (one) working day as meant in paragraph (1), the Dirjen BC shall not follow up the results of registration as meant in article 5 paragraph (2) in accordance with its scope of authority.

Article 7

(1) Importer Registration as meant in Article 1 paragraph (1) is conducted by the Registration Team of Central Office of Ditjen BC.

(2) The Registration Team as meant in paragraph (1) consists of:

• a. One chairman;
• b. Secretariat;
• c. System and procedure division;
• d. Application division;
• e. Registration division;
• f. Counseling division;
• g. Analyst group.

(3) In performing its duties the Registration Team as meant in paragraph (1) is assisted by Sub Registration Team of Regional Office of Ditjen BC.

(4) Sub Registration Team of Regional Office of Ditjen BC as meant in paragraph (3) consists of:

• a. One chairman;
• b. Secretariat;
• c. Registration division;
• d. Counseling division;
• e. Verifier group.

(5) The Organization Structure Charts of the Registration Team and Sub Registration Team of Regional Office of Ditjen BC are as specified in Attachment VII to this Joint Decision.

(6) The Registration Team and Sub the Registration Team as meant in paragraph (1) and (3) shall be on duty until March 31, 2003.

(7) Importer Registration after 31 March 2003 shall be conducted by the Directorate of Verification and Audit of the Central Office of Ditjen BC assisted by Verification and or Audit Division of Regional Office of Ditjen BC.

Article 8

(1) The Registration Team conducts administrative inspection to Forms submitted by the importer.

(2) Based on the results of examination as meant in paragraph (1), field inspection can be conducted.

(3) Field inspection as meant in paragraph (2) above shall be conducted by the Sub Registration Team of Regional Office of Ditjen BC.

(4) Work system of administrative and field inspection as meant in paragraph (1) and (2) shall be as specified in Attachments VIII and IX to this Decision.

Article 9

Results of importer registration as meant in Article 7 shall be informed to the applicant not later than 30 (thirty) days as of the date when the Form is received completely and correctly.

Article 10

(1) Registration Notification Letter shall be revoked and written-off from the Ditjen BC importer database in the event:

• a. the Importer violates any criminal provisions under the Customs and or Excise and or Taxation Law which has final legal effect;
• b. the Importer violates any of the registration requirements;
• c. At request of the Dirjen Daglu based on determination of verification and evaluation results as meant in Article 6;
• d. At own request of the importer; or
• e. The Importer is declared insolvent by any court.

(2) The revocation and write-off as meant in paragraph (1) shall be notified to the importer with copy to the Dirjen Daglu by using form as specified in Attachment X to this Decision.

Article 11

The obligation to register shall be excluded for importation of goods in the form of:

• a. Goods of representatives of foreign countries together with their officials who are on duty in Indonesia;
• b. Goods for the need of International Agencies together with their officials who are on duty in Indonesia;
• c. Personal goods carried by passengers, crew members, border crossers and goods carried by forwarding agents;
• d. Goods carried when moving address;
• e. Prize or grant goods;
• f. Goods for the need of government / other state institutions that are imported by the relevant state institution;
• g. Temporary imported goods carried by passengers;
• h. Goods that are approved to be imported without Importer Identity Number.

Article 12

Any change in data of address and or identity of management and persons responsible and or line of business and or other information in Form is obliged to be notified in writing by the Importer to the Dirjen BC with copy sent to the Dirjen Daglu.

Article 13

(1) To the importer who fails to conduct Importer Registration after 1 April 2003, his performance of customs obligations is acceptable maximum for 1 (one) importation.

(2) To the importer who carry out activity as meant in paragraph (1) is obliged to submit application for Importer Registration before issuance of relevant Approval Letter of Imported Goods Release.

(3) The Customs and Excise Service Office who provides services on customs obligation performance as meant in paragraph (1) is obliged to report to the Central Office of Ditjen BC for follow up, by informing The Customs Service Offices throughout Indonesia in the first chance.

Article 14

All costs incurred from the implementation of this Joint Decision are charged to the budget of respective agency.

Article 15

Upon coming force of this Joint Decision, then the Decision of the Director General of Customs and Excise No. Kep-88/BC/2002 dated 29 November 2002 on Implementing Guidance of Importer Registration is declared null and void.

Article 16

This Joint Decision comes to force on the date of stipulation.

Stipulated in Jakarta
On January 17, 2003
DIRECTOR GENERAL OF FOREIGN TRADE,
sgd
SUDAR, SA
NIP 07003661

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,
sgd
EDDY ABURRACHMAN
NIP 060044459

Copies of this Decree of the Director General of Customs and Excise are sent to:

• 1. Minister of Finance Of the Republic of Indonesia;
• 2. Minister Industry and Trade;
• 3. Secretary General of Ministry of Finance;
• 4. Secretary General of the Ministry of Industry and Trade;
• 5. Members of Directive Team in the framework of improving task of services and supervision in customs field;
• 6. Secretary of the Directorate General of Customs and Excise and Directors within the environment of Directorate General of Customs and Excise as the implementing team in the framework of improving task of services and supervision in customs field;
• 7. Director of Import, Directorate General of Foreign Trade;
• 8. Heads of Regional Office of the Directorate General of Customs and Excise throughout Indonesia;
• 9. Service Office Heads in charge of trade sector at Provincial Level throughout Indonesia;
• 10. Project Manager, Secretariat Coordinator and Division Chairmen in the Operational Team in the Framework of Improving Task of Services and Supervision in Customs Field;
• 11. Heads of Customs and Excise Service Office throughout Indonesia.