REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. P-22/BC/2007

CONCERNING
TECHNICAL DIRECTIVES FOR ISSUING CODE NUMBER AND SUPERVISION OVER CUSTOMS SERVICE PROVIDER

THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Attachment

Considering:

That in the framework of implementing the provision of Regulation of the Minister of Finance No. 65/PMK.04/2007 concerning Customs Service Provider, it is necessary to stipulate a regulation of the Director General of Customs and Excise on Technical Directives for Issuing Code Number and Supervising Customs Service Provider;

In view of:

• 1. Law No. 10/1995 concerning Customs Affair (Statute Book of Republic of Indonesia Year 1995 No. 75, Supplement to Statute Book No. 3612) as has already been amended and the latest by Law No. 17/2006 (Statute Book of Republic of Indonesia Year 2006 No. 93, Supplement to Statute Book No. 4661);
• 2. Law No. 11/1995 concerning Excise (Statute Book of Republic of Indonesia Year 1995 No. 76, Supplement to Statute Book No. 3613);
• 3. Presidential Regulation No. 95/2006 concerning Organization and Working Arrangement of Vertical Institutions within the Ministry of Finance as already amended by Presidential Regulation No. 22/2007;
• 4. Decree of the Minister of Communications No. KM.10/1988 concerning Transportation Service;
• 5. Decree of the Minister of Finance No. 453/KMK.04/2002 concerning Customs Procedures in the Import Field as has already been amended several times and the latest by Decree of the Minister of Finance No. 112/KMK.04/2003;
• 6. Decree of the Minister of Finance No. 557/KMK.04/2002 concerning Customs Procedures in the Export Field;
• 7. Regulation of the Minister of Finance No. 68/PMK.01/2007 concerning the Organization and Working Arrangement of Vertical Institutions of the Directorate General of Customs and Excise;
• 8. Decree of the Director General of Customs and Excise No. KEP-07/BC/2003 concerning Technical Directives for Customs in the Import Field as already has amended been several times and the latest by Regulation of the Director General of Customs and Excise No. P-06/BC/2007;
• 9. Decree of the Director General of Customs and Excise No. KEP-151/BC/2003 concerning Technical Directives for Customs in the Export Field;
• 10. Decree of the Director General of Customs and Excise No. KEP-152/BC/2003 concerning Technical Directives for Customs in the Export Field Securing Import Relief for the Export Purpose;
• 11. Decree of the Director General of Customs and Excise No. KEP-14/BC/2001 concerning the Blocking of Companies in the customs field as already amended several times the latest by Decree of the Director General of Customs and Excise No. P-09/BC/2007;
• 12. Regulation of the Director General of Customs and Excise No. P-21/BC/2007 concerning Technical Directives for Customs in the Import Affair in the Main Service Office Tanjung Priok;

HAS DECIDED:

To stipulate:

DIRECTOR GENERAL OF CUSTOMS AND EXCISE REGULATION CONCERNING TECHNICAL DIRECTIVES FOR ISSUING CODE NUMBER AND SUPERVISION OVER CUSTOMS SERVICE PROVIDER

CHAPTER I
GENERAL PROVISION

Article 1

In this Director General Regulation, the meaning of:

• 1. Importer shall be a person or statutory body importing goods.
• 2. Exporter shall be a person or statutory body exporting goods.
• 3. Customs Service Provider, hereinafter called PPJK shall be a business entity settling the fulfillment of customs liabilities for and on behalf of importer or exporter.
• 4. Customs Expert shall be a person who has knowledge and understanding at customs field and has Certificate of Customs Expert, which is published by the Financial Education and Training Agency.
• 5. Registration is activity of registration by PPJK to Directorate General of Customs and Excise to get identity number in the form of Fundamental Number of PPJK for accessing customs.
• 6. Director General is the Director General of Customs and Excise.
• 7. Official is official of the Directorate General of Customs and Excise appointed in a certain position to execute certain tasks.
• 8. Customs Office is an office within the Directorate General of Customs and Excise where the customs liabilities are settled, covering Customs and Excise Service Office, Main Customs and Excise Service Office and Customs and Excise Supervisory and Service Office.
• 8. Supervision Unit is a working unit in the Directorate General of Customs and Excise undertaking supervision physically and administratively.

CHAPTER II
CUSTOMS SERVICE

Article 2

(1) Customs declarations of imported goods shall be settled by importers or exporters.

(2) In the case that the customs declarations as referred to in paragraph (1) is not being settled by importer or exporter, the importer or exporter authorizes customs service provider.

Article 3

(1) To provide customs service, Customs Service Provider shall be obliged to have identity number in the form of Code Number of Customs Service Provider in the framework of customs access manually or electronically.

(2) The Code Number of Customs Service Provider as intended in paragraph (1) shall be issued by the Director of Technical Customs or appointed official.

CHAPTER III
PROCEDURES FOR REGISTRATION OF CUSTOMS SERVICE PROVIDER

Article 4

(1) To obtain Code Number of Customs Service Provider as intended in Article 3, Customs Service Provider shall be obliged to register through electronic media to Director General or appointed official.

(2) Customs Service Provider planning to register shall fulfill the requirements:

• a. Clarity and truth of address (existence);
• b. Clarity and truth of identity of executives and personnel in charge of PPJK (responsibility);
• c. having customs expert (competency); and
• d. certainty about the performing of bookkeeping (auditable).

(3) The customs expert as intended in paragraph (2) sub-paragraoh c only can be used as requirement for one PPJK.

(4) Customs and Excise Officials shall examine and evaluate the fulfillment of the requirements as referred to in paragraph (2) in the form of:

• a. administrative examination and evaluation of data; and
• b. site inspection.

(5) Procedures for registering PPJK shall be as stipulated in Attachment I to this regulation.

Article 5

(1) The site inspection as intendedintended in article 5 paragraph (4) sub-paragraph b shall be done by Customs and Excise Regional Office appointed to undertake site inspection in accordance with domicile of PPJK.

(2) The site inspection as intendedintended in paragraph (1) shall be done by letter of assignment of Head of Customs and Excise Regional Office or the appointed official.

(3) The result of the site inspection as intended in paragraph (1) shall be mentioned in result of site inspection and sent electronically to the Director of Technical Customs.

(4) The site inspection and sending of the result of the site inspection by the Customs and Excise Regional Offices shall be done in no later than 14 (fourteen) working days as from the date of the appointment as intended in paragraph (1).

(5) Head of Customs and Excise Regional Office shall convey hardcopy of the document of site inspection to the Head of Customs and Excise Supervision and Service Office overseeing the domicile of PPJK for the purpose of supervision, after Code Number of PPJK is issued.

Article 6

(1) The registration result as referred to in Article 4 paragraph (1) shall be used as substance of evaluation and profiling of Customs Service Provider.

(2) Profile of Customs Service Provider shall be used as any of the bases in providing service and/or customs monitoring for importer and exporter authorizing the of customs service to Customs Service Provider.

Article 7

(1) Based on the registration as intended in article 4, the Director of Technical Customs on behalf of the Director General shall approve or deny in no longer than 45 (forty five) working days as from the date of receipt of the complete and true registration data.

(2) The approval as intended in paragraph (1) shall be done by issuing a decision letter on the granting of code number of customs service provider (NP PPJK) in accordance with specimen stipulated in Attachment II to this regulation.

(3) The rejection as intended in paragraph (1) shall be done by issuing letter of rejection in accordance with specimen in Attachment III to this regulation.

(4) The Code Number of Customs Service Provider as referred to in paragraph (2) sub-paragraph a, shall apply in the whole Customs Offices in Indonesia and come into effect until revocation.

(5) PPJK that had already secured the Code Number of PPJK shall be administratively placed under the supervision of the Customs and Excise Supervisory and Service Office overseeing the domicile of PPJK.

CHAPTER IV
OBLIGATION OF CUSTOMS SERVICE PROVIDER

Article 8

(1) To enable one to start providing customs service, PPJK which had already secured the Code Number of PPJK, shall first forward the guarantee to the Customs and Excise Supervision and Service Office overseeing the domicile of PPJK.

(2) The guarantee as intended in paragraph (1) can be in the form of:

• a. cash money;
• b. bank guarantee; and/or
• c. guarantee from insurance company.

(3) The amount of the guarantee as intended in paragraph (1) shall be stipulated by observing the volume of activity and risk with the value as follows:

• a. Rp. 250,000,000.00 (two hundred and fifty million rupiahs) in case of PPJK providing customs service in the Customs and Excise Supervision and Service Office of Type A1 and the Main Customs and Excise Service Office;
• b. Rp. 150,000,000.00 (one hundred and fifty million rupees) in case of PPJK providing customs service ill the Customs and Excise Supervision and Service Office of Type A2;
• c. Rp. 100,000,000.00 (one hundred million rupiahs) in case of PPJK providing customs service in the Customs and Excise Supervision and Service Office of Type A3;
• d. Rp. 50,000,000.00 (fifty million rupiahs) in case of PPJK providing customs service in the Customs and Excise Supervision and Service Office of Type A4;
• e. Rp. 25,000,000.00 (twenty five million rupiahs) in case of PPJK providing customs service in the Customs and Excise Supervision and Service Office of Other Type.

(4) Heads of the Customs and Excise Supervision and Service Offices receiving the guarantee shall administer and manage the received guarantee.

Article 9

(1) Customs Service Provider planning to provide customs service in Customs Office other than the customs and excise supervisory offices overseeing the domicile of the said PPJK shall first:

• a. give up evidence of receipt of guarantee from the customs and excise supervisory offices overseeing the domicile of the said PPJK;
• b. give up evidence of receipt of guarantee from the customs and excise supervisory offices overseeing the domicile of the said PPJK and adjust the amount of guarantee in case of the amount of the given up guarantee being not sufficient as intended in article 8 paragraph (3).

(2) Heads of the Customs and Excise Supervision and Service Offices receiving the adjustment to amount of guarantee shall administer and manage the received guarantee.

Article 10

PPJK providing customs service in customs offices which had already applied theElectronic Data Interchange (EDI) System shall use apparatuses ad module of Electronic Data Interchange (EDI) belonging to them to make and forward the customs declaration.

Article 11

(1) Customs Service Provider which hadobtained Code Number of Customs Service Provider shall submit application for changing data to the Director of Technical Customs in case of data changing.

(2) Application for changing data as referred to in paragraph (1) can be submitted through electronic media.

(3) Based on the application for changing data as intended in paragraph (1), Customs and Excise Officials shall undertake administrative examination and can conduct site inspection.

Article 12

(1) Customs Service Provider already obtaining Code Number of Customs Service Provider shall abide by customs, excise and taxation legislation and other provisions in the import and export field.

(2) Customs Service Provider shall be responsible for state levies in the framework of the import and export in case of importer or exporter being not found.

(3) Every content and model of agreement between Customs Service Provider and importer or exporter shall not reduce the responsibility of Customs Service Provider according to the customs and excise legislation.

CHAPTER V
SANCTION AGAINST CUSTOMS SETTLEMENT SERVICE PROVIDER

Article 13

(1) Code Number of Customs Service Provider shall be blocked in case of:

• a. Customs Service Provider being in the course of investigation into crime in the customs service.
• b. Customs Service Provider that had not submitted the hardcopy of Customs Declaration and the required complementary customs documents;
• c. Customs Service Provider not submitting application for changing the data as referred to in Article 11 paragraph (1) with regards to elements of the data as intended in article 4 paragraph (2) sub-paragraphs a and b;
• d. Customs Service Provider that no longer has enough guarantee in case disbursement of guarantee as a cause of responsibility of Customs Service Provider as referred in Article 12 paragraph 2;
• e. Customs Service Provider no longer having customs expert; and/or
• f. Based on recommendation in Report on Audit Result and/or other supervisory unit.

(2)The blocking of Code Number of Customs Service Provider as referred to in paragraph (1) can be revoked in the case of:

• a. Customs Service Provider had finished the investigation on crime in the customs field and being declared not guilty;
• b. Customs Service Provider had forwarded a hardcopy of Customs declaration and the required complementary customs documents;
• c. Customs Service Provider submitting application for changing the data as referred to in Article 10 paragraph (1) with regards to elements of the data as intended in article 4 paragraph (2) sub-paragraphs a and b;
• d. Customs Service Provider had placed sufficient guarantee or fulfilling the stipulated guarantee;
• e. Customs Service Provider have owned Customs expert; and/or
• f. Customs Service Provider had already executed the recommendation according to Report on Audit Result and/or other supervision unit.

(3)The blocking and lifting of the blocking shall be done on the basis of the provisions on blocking in the customs in force.

Article 14

(1) Code Number of Customs Service Provider shall be revoked in case of the Customs Service Provider:

• a. not fulfilling the responsibility for import duty or excise and tax in the framework of the import as referred to in Article 12 paragraph (2);
• b. being proven guilty for committing crime in the customs field on the basis of legally fixed decision;
• c. remaining in the freezing status for 6 (six) months continuously;
• d. not conducting activity/business in period for 1 (one) year continually;
• e. being declared bankrupt; and/or
• f. submitting application for revocation.

(2) The revocation as intended in paragraph (1) shall be stipulated by the Director of Technical Customs on the behalf of the Director General, by issuing decision on revocation of Code Number of Customs Service Provider (NP PPJK) in accordance with specimen in Attachment IV to this regulation.

Article 15

The blocking of Code Number of Customs Service Provider as referred to in Article 13 and revocation of Code Number of Customs Service Provider as referred to in Article 14 shall not abort the responsibility of Customs Service Provider for state levies in the framework of the import or export in case importer or exporter are not found as intended in article 12 paragraph (2).

CHAPTER VI
MISCELLANOUS

Article 16

In case of the domicile of PPJK being located in the working area of the Main Customs and Excise Service Office, all provisions related to Customs and Excise Regional Offices and Customs and Excise Supervision and Service Office as regulated in this regulation shall be executed by the Main Customs and Excise Service Office.

CHAPTER VII
TRANSITIONAL PROVISION

Article 17

(1) Customs Service Provider which had already secured Code Number of Customs Service Provider before this regulation comes into force shall register to the Directorate General of Customs and Excise to obtain Code Number of Customs Service Provider on the basis of this regulation.

(2) Code Number of Customs Service Provider which had already issued before this regulation comes into force shall remain effective for 90 (ninety) days as from the date of stipulation of this regulation.

CHAPTER VIII
CONCLUSION

Article 18

With the enforcement of this regulation, Regulation of the Director General of Customs and Excise No. KEP-69/BC/1997 concerning Deregulation of Provisions on Guarantee as intended in Decree of the Director General of Customs and Excise No. KEP-23/BC/1997 dated March 21, 1997 and No. KEP-59/BC/1997 dated June 4, 1997 shall be revoked and declared null and void.

Article 19

The regulation shall come into force as from July 20, 2007.

Stipulated in Jakarta
On July 4, 2007
THE DIRECTOR GENERAL
Signed
ANWAR SUPRIJADI
NIP 120050332

Attachment to DIRECTOR GENERAL OF CUSTOMS AND EXCISE REGULATION
NO. P-22/BC/2007